ces Angelica Textile Services v. Park By feeds.findlaw.com Published On :: 2013-10-15T08:00:00+00:00 (California Court of Appeal) - In an unfair competition suit arising out of claims by plaintiff, a large scale laundry business, against defendant, a new competitor in the laundry business and one of its own former employees, summary adjudication for defendant on all claims not arising under the Uniform Trade Secrets Act (UTSA), is: 1) reversed in part, where the trial court erred in concluding that the non-UTSA claims were preempted or displaced by UTSA because each cause of action has a basis independent of any misappropriation of a trade secret; and 2) otherwise affirmed. Full Article Contracts Injury & Tort Law Trade Secrets Labor & Employment Law
ces StoneEagle Services, Inc. v. Gillman By feeds.findlaw.com Published On :: 2014-03-26T08:00:00+00:00 (United States Federal Circuit) - The district court's orders purporting to clarify a preliminary injunction and enjoining defendants from using various materials and processes first developed by plaintiff, are vacated and remanded, where the district court lacked jurisdiction over this case when plaintiff initiated this lawsuit because plaintiff's complaint does not allege a sufficient controversy concerning inventorship, but instead concerns only ownership of the disputed patent. Full Article Constitutional Law Intellectual Property Patent Trade Secrets
ces Brand Services, LLC v. Irex Corp. By feeds.findlaw.com Published On :: 2018-10-17T08:00:00+00:00 (United States Fifth Circuit) - Revived an industrial scaffolding company's claim that a former employee stole trade secrets and confidential information when he went to work for a competitor. Reversed the entry of summary judgment for the competitor on the company's Louisiana Uniform Trade Secrets Act claim and common law conversion claim, in relevant part. Full Article Trade Secrets Intellectual Property
ces AMN Healthcare, Inc. v. Aya Healthcare Services, Inc. By feeds.findlaw.com Published On :: 2018-11-01T08:00:00+00:00 (California Court of Appeal) - In a dispute involving two competing healthcare companies, held that nurse recruiters who left one company to join the other did not breach clauses in their contracts that prohibited them from soliciting other employees to leave, because those clauses were unenforceable here. Affirmed summary judgment for the defendants. Full Article Contracts Trade Secrets Health Law
ces Brand Services, LLC v. Irex Corp. By feeds.findlaw.com Published On :: 2018-11-21T08:00:00+00:00 (United States Fifth Circuit) - In an amended opinion, revived an industrial scaffolding company's claim that a former employee stole trade secrets and confidential information when he went to work for a competitor. Reversed the entry of summary judgment against the company's Louisiana Uniform Trade Secrets Act claim and civilian law conversion claim, in relevant part. Full Article Trade Secrets Labor & Employment Law
ces Lomeli v. State Dept. of Health Care Services By feeds.findlaw.com Published On :: 2019-06-25T08:00:00+00:00 (California Court of Appeal) - Affirmed. Plaintiff sued medical providers for birth injuries that were paid for through Medi-Cal. The Department of Health Care Services put a lien on the monies recovered from the medical providers. Plaintiff sought to remove lien. Court held that Medi-Cal was entitled to repayment and upheld the lien. Full Article Injury & Tort Law Government Benefits
ces Doe v. Dept. of Children & Family Services By feeds.findlaw.com Published On :: 2019-07-18T08:00:00+00:00 (California Court of Appeal) - Affirmed judgment for nonsuit. Plaintiff, a juvenile, sued Department of Children and Family Services for sexual abuse while she was in foster care. Trial court granted nonsuit because Defendant did not have a duty to protect Plaintiff from criminal actions of third parties. Appeals court affirmed, but modified cost award. Full Article Injury & Tort Law Juvenile Law
ces Capitol Services Management v. Vesta Corp. By feeds.findlaw.com Published On :: 2019-08-13T08:00:00+00:00 (United States DC Circuit) - Reversed and remanded. The district court's dismissal of a tort claim as time barred was in error because at the motion to dismiss stage dismissal for statute of limitations is only possible if the plaintiff's claims are conclusively time barred on the face of the complaint. Full Article Civil Procedure Injury & Tort Law
ces Adam Joseph Resources v. CNA Metals Ltd. By feeds.findlaw.com Published On :: 2019-03-26T08:00:00+00:00 (United States Fifth Circuit) - Held that a Houston law firm should be allowed to intervene in a lawsuit to protect its right to a contingent fee. The firm's client and the opposing party had allegedly conspired to cheat it out of its deserved attorney fee for work on a matter involving a foreign arbitral award. Remanded with directions to permit intervention and consider the law firm's claims on the merits. Full Article International Law Attorney's Fees Dispute Resolution & Arbitration
ces Western Heritage Ins. Co. v. Frances Todd, Inc. By feeds.findlaw.com Published On :: 2019-04-02T08:00:00+00:00 (California Court of Appeal) - Held that an insurance company could not bring a subrogation claim against its insured's tenant (a furniture manufacturing business) for amounts paid out under a fire insurance policy, even if the tenant was negligent. Affirmed a summary judgment ruling. Full Article Insurance Law
ces Milligan v. CCC Information Services Inc. By feeds.findlaw.com Published On :: 2019-04-03T08:00:00+00:00 (United States Second Circuit) - Held that an automobile insurance policyholder who was unhappy with the handling of her claim for the total loss of her vehicle did not have to submit the dispute to a panel of appraisers, as set forth in the policy. Affirmed the denial of the insurer's motion to compel appraisal in this proposed class action. Full Article Insurance Law
ces Halliburton Energy Services, Inc. v. Ironshore Specialty Insurance Co. By feeds.findlaw.com Published On :: 2019-04-17T08:00:00+00:00 (United States Fifth Circuit) - In an insurance dispute following an explosion and fire on an oil rig in Ohio, addressed arbitrability and personal jurisdiction issues. Affirmed in part and reversed in part the decision below. Full Article Oil and Gas Law Insurance Law
ces Nautilus Insurance Company v. Access Medical, LLC By feeds.findlaw.com Published On :: 2019-07-02T08:00:00+00:00 (United States Ninth Circuit) - Certified Question. The panel certified the question of state law to the Nevada Supreme Court asking whether an insurer is entitled reimbursement of costs already expended in defense of its insured where a determination has been made that the insurer owed no duty to defend and there was an agreement requiring reimbursement, but with no reservation of rights. Full Article Civil Procedure Insurance Law Contracts
ces Tatum v. Southern Company Services, Inc. By feeds.findlaw.com Published On :: 2019-07-22T08:00:00+00:00 (United States Fifth Circuit) - Affirmed. The district court's dismissal of claims for interference and retaliation in violation of the Family and Medical Leave Act in the case of a man reprimanded for swearing, quoting the bible, and generally being abrasive in colleague interactions. Full Article Civil Procedure Labor & Employment Law
ces Wood Group Production Services v. DOWCP By feeds.findlaw.com Published On :: 2019-07-22T08:00:00+00:00 (United States Fifth Circuit) - Petition for review denied. A man injured while unloading a vessel on a fixed platform in Louisiana territorial waters met the requirements for coverage under the Longshore and Harbor Workers' Compensation Act. Full Article Civil Procedure Labor & Employment Law
ces Brock Services LLC v. Rogillo By feeds.findlaw.com Published On :: 2019-08-27T08:00:00+00:00 (United States Fifth Circuit) - Affirmed. A company sued a former employee who went to work for a direct competitor. The Court of Appeals affirmed the district court's grant of a preliminary injunction because there was an employment agreement with a non-compete provision. Full Article Contracts Civil Procedure Labor & Employment Law
ces MCI Communications Services, Inc. v. California Department of Tax and Fee Administration By feeds.findlaw.com Published On :: 2018-10-24T08:00:00+00:00 (California Court of Appeal) - Affirmed the dismissal of a telecommunication company's lawsuit seeking a refund of California sales and use taxes. Held that the tax exclusion for telephone lines does not extend to pre-installation component parts that may one day be incorporated into completed telephone systems. Full Article Tax Law Communications Law
ces Jacoby & Meyers v. The Presiding Justices By feeds.findlaw.com Published On :: 2017-03-24T08:00:00+00:00 (United States Second Circuit) - In a putative class action challenging on First Amendment grounds New York's rules, regulations, and statutes prohibiting non‐attorneys from investing in law firms, alleging that the infusions of additional capital which the regulations now prevent would enable plaintiffs to improve the quality of the legal services that they offer and at the same time to reduce their fees, expanding their ability to serve needy clients, the district court's dismissal of the complaint is affirmed where plaintiffs fail to allege the infringement of any cognizable constitutional right. Full Article Class Actions Ethics & Professional Responsibility Constitutional Law
ces Bridgepoint Construction Services, Inc. v. Newton By feeds.findlaw.com Published On :: 2018-09-04T08:00:00+00:00 (California Court of Appeal) - Affirmed an order disqualifying an attorney from representing a client due to a conflict of interest. The attorney argued that there was no conflict, but the California Second Appellate District concluded otherwise. The panel stated that when an attorney represents more than one client, all of whom seek damages from a pool of money controlled by another party, the conflict is self-evident: there might not be enough money to satisfy each client's claim. Full Article Ethics & Professional Responsibility
ces Halleck v. Manhattan Community Access Corporation By feeds.findlaw.com Published On :: 2018-02-09T08:00:00+00:00 (United States Second Circuit) - Affirming the dismissal for failure to state a claim allegations of First Amendment violations by the City of New York, but reversing as to Manhattan Community Access Corporation and its employees because public access TV channels are a public forum and the corporation and its employees were state actors when they fired workers who produced segments critical of the corporation. Full Article Constitutional Law Media Law Communications Law Entertainment Law
ces Manhattan Community Access Corp. v. Halleck By feeds.findlaw.com Published On :: 2019-06-17T08:00:00+00:00 (United States Supreme Court) - Held that a private entity operating public access cable TV channels was not subject to First Amendment constraints on its editorial discretion. The producers of a controversial documentary film contended that the nonprofit corporation running the public access channels was a state actor because it was exercising a function traditionally exclusively reserved to the State, and therefore was subject to suit for violating their free speech rights. However, the U.S. Supreme Court disagreed. Justice Kavanaugh delivered the opinion of the 5-4 Court. Full Article Media Law Communications Law Constitutional Law
ces ZF Micro Devices v. TAT Capital Partners By feeds.findlaw.com Published On :: 2016-11-03T08:00:00+00:00 (California Court of Appeal) - In the third chapter of Silicon Valley litigation spanning more than 14 years involving a microchip company and its successor, alleging breach of fiduciary duty, the judgment entered on plaintiff's cross-complaint against defendant is reversed where the court erred in submitting defendant's statute of limitations defense to the jury, as the cross-complaint was timely filed. Full Article Civil Procedure Corporation & Enterprise Law
ces MPS Merchant Services, Inc. v. Federal Energy Regulatory Commission By feeds.findlaw.com Published On :: 2016-09-08T08:00:00+00:00 (United States Ninth Circuit) - In consolidated petitions for review brought by various power companies of FERC determinations that various energy companies committed tariff violations in California during the summer of 2000, the FERC determinations are affirmed where: 1) it did not arbitrarily and capriciously, or abuse its discretion in finding that electric sellers Shell Energy North America, LP, MPS Merchant Services, Inc., and Illinova Corporation violated the Cal-ISO tariff and Market Monitoring and Information Protocol; 2) FERC's Summer Period determinations regarding APX, Inc., and BP EnergyCo. were not arbitrary, capricious, or an abuse of discretion; and 3) because FERC's remedial order is not final, the panel lacked appellate jurisdiction over it. Full Article Public Utilities Administrative Law Oil and Gas Law
ces Richards v. Direct Energy Services, LLC By feeds.findlaw.com Published On :: 2019-02-04T08:00:00+00:00 (United States Second Circuit) - Held that a consumer could not proceed with a proposed class action challenging electricity rates in the wake of market deregulation. Affirmed summary judgment against his breach of contract, unfair trade practice and other claims alleging that a retail electricity supplier charged unlawful rates. Full Article Public Utilities Consumer Protection Law
ces Capella Sales and Services Ltd. v. US Aluminum Extrusions Fair Trade Committee By feeds.findlaw.com Published On :: 2018-01-04T08:00:00+00:00 (United States Federal Circuit) - Affirming the US Court of International Trade's dismissal of two separate complaints challenging the countervailing duties on imported goods charged to an importer of aluminum extrusions from China because, regardless of the difference in rates between this importer's charge and a subsequent litigation into a similar matter, the importer was not a party to the other action, and they had failed to state a claim upon which relief could be granted and could not claim the benefit of the rate awarded in separate litigation. Full Article International Trade Tax Law Administrative Law
ces BAE Systems Technology Solution and Services, Inc. v. Republic of Korea's Defense Acquisition Program Administration By feeds.findlaw.com Published On :: 2018-03-06T08:00:00+00:00 (United States Fourth Circuit) - Affirming the district court's grant of a declaratory judgment to the plaintiff that it hadn't breached any contractual agreement with Korea, but refusing a permanent injunction barring Korea from suing them in Korean courts in a contract suit between a US defense contractor and Korea in a complex set of exchanges involved in upgrading the country's fighter planes. Full Article Civil Procedure International Trade International Law Contracts
ces Amazing Spaces, Inc. v. Metro Mini Storage By feeds.findlaw.com Published On :: 2010-06-03T08:00:00+00:00 (United States Fifth Circuit) - In an action alleging infringement of a star design that plaintiff claimed as a service mark, summary judgment for defendant is affirmed in part where: 1) the record evidence was replete with similar or identical five-pointed stars, both raised and set in circles, and used in similar manners, such that -- notwithstanding the residual evidence of the presumption of validity -- no reasonable jury could find that the star symbol was even a mere refinement of this commonly adopted and well-known form of ornamentation; and 2) plaintiff failed to raise a fact issue regarding the existence of secondary meaning with respect to the symbol. However, the judgment is reversed in part where plaintiff had not yet had the opportunity to introduce evidence relating to its trade dress claims. Full Article Commercial Law Intellectual Property Trade Dress Trademark
ces OTR Wheel Engineering, Inc. v. West Worldwide Services, Inc. By feeds.findlaw.com Published On :: 2018-07-24T08:00:00+00:00 (United States Ninth Circuit) - Affirmed a judgment of liability under the Lanham Act for reverse passing off. At trial, a jury found that a manufacturer of industrial tires had arranged to obtain a competing manufacturer's tires with the labels removed and used the tires to solicit business from one of the competitor's customers. The Ninth Circuit affirmed a judgment that these actions violated the Lanham Act, which prohibits conduct that would confuse consumers as to the origin, sponsorship, or approval of goods or services. The panel's opinion also addressed other issues including trade dress validity. Full Article Trade Dress False Advertising Intellectual Property
ces Nobel Biocare Services AG v. Instradent USA, Inc. By feeds.findlaw.com Published On :: 2018-09-13T08:00:00+00:00 (United States Federal Circuit) - A company appealed from the determination in an inter partes review that certain claims of its patent directed to dental implants were unpatentable. Affirming, the Federal Circuit concluded that the Patent Trial and Appeal Board did not err in its anticipation finding. Full Article Intellectual Property Patent
ces Autoridad de Energia Electrica v. Vitol SA Services, LLC By feeds.findlaw.com Published On :: 2017-06-13T08:00:00+00:00 (United States First Circuit) - In a suit brought under a Puerto Rico 'Law 458', which prohibits government instrumentalities and public corporations from awarding bids or contracts to persons (including juridical persons) who have been convicted of 'crimes that constitute fraud, embezzlement or misappropriation of public funds listed in section 928b of this title,' P.R. Laws Ann. tit. 3, section 928, the district court's judgment remanding the case to the Commonwealth Puerto Rico Court of First Instance is affirmed where the forum selection clauses at issue were enforceable, and that the unanimity requirement of 28 U.S.C. section 1446(b)(2)(A) therefore could not be satisfied. Full Article White Collar Crime Government Law Contracts Government Contracts Oil and Gas Law Government Law
ces SJJC Aviation Services v. City of San Jose By feeds.findlaw.com Published On :: 2017-06-20T08:00:00+00:00 (California Court of Appeal) - In a case involving an airport lease and operating agreement, brought by a company alleging that the city had a flawed bidding process, the trial court's denial of plaintiff's leave to amend its petition and complaint is affirmed. Full Article Commercial Law Property Law & Real Estate Civil Procedure Government Contracts
ces Chugach Management Services Zurich American Insurance Co. v. Jetnil By feeds.findlaw.com Published On :: 2017-07-21T08:00:00+00:00 (United States Ninth Circuit) - Denying the petition for review of the award of disability benefits under the Defense Base Act and the application of a judicially-created 'zone of special danger' doctrine to a local national injured while employed by a government contractor overseas. Full Article Labor & Employment Law Government Contracts Injury & Tort Law Workers' Compensation International Law
ces Agility Logistics Services Company KSC v. Mattis By feeds.findlaw.com Published On :: 2018-04-16T08:00:00+00:00 (United States Federal Circuit) - Affirming the decision by the Armed Services Board of Contract Appeals dismissing for lack of jurisdiction because the Contract Disputes Act did not provide jurisdiction in a case involving a contract with the Army to establish and operate supply chain during Iraq's reconstruction and that the Board lacked jurisdiction under its charter and partially dismissing because the decision was not made pursuant under the CDA, so the court lacked jurisdiction to review. Full Article Military Law International Law Civil Procedure Contracts Government Contracts
ces Kaanaana v. Barrett Business Services, Inc. By feeds.findlaw.com Published On :: 2018-11-30T08:00:00+00:00 (California Court of Appeal) - Held that the prevailing wage law applied here because the contractors (belt sorters at county recycling facilities) were engaged in public work. On a separate issue, addressed the statutory remedy for improperly shortening their meal periods by three to five minutes. Full Article Labor & Employment Law Government Contracts
ces Rand Resources, LLC v. City of Carson By feeds.findlaw.com Published On :: 2019-02-04T08:00:00+00:00 (Supreme Court of California) - In an opinion that clarifies the scope of the anti-SLAPP statute, the California Supreme Court held that only certain causes of action here arose from protected speech. In the underlying dispute, a developer had sued the City of Carson and another developer in connection with negotiations about the possibility of building a National Football League stadium in the city. Full Article Civil Procedure Constitutional Law Construction
ces Texas Tech Physicians Associates v. US Department of Health and Human Services By feeds.findlaw.com Published On :: 2019-03-07T08:00:00+00:00 (United States Fifth Circuit) - Held that a university-affiliated medical practice must return $8 million to the federal agency that administers Medicare. The medical practice's test of a new care management model (a Medicare demonstration project) did not achieve the expected cost savings. Upheld an administrative order. Full Article Health Law Government Benefits
ces Azar v. Allina Health Services By feeds.findlaw.com Published On :: 2019-06-03T08:00:00+00:00 (United States Supreme Court) - Held that the U.S. Department of Health and Human Services neglected its statutory notice-and-comment obligations when it revealed a new policy that dramatically -- and retroactively -- reduced Medicare payments to hospitals serving low-income patients. Concluded that the new policy must be vacated. Justice Gorsuch delivered the opinion of the 7-1 Court (Justice Kavanaugh did not participate). Full Article Health Law Administrative Law Government Benefits
ces Lomeli v. State Dept. of Health Care Services By feeds.findlaw.com Published On :: 2019-06-25T08:00:00+00:00 (California Court of Appeal) - Affirmed. Plaintiff sued medical providers for birth injuries that were paid for through Medi-Cal. The Department of Health Care Services put a lien on the monies recovered from the medical providers. Plaintiff sought to remove lien. Court held that Medi-Cal was entitled to repayment and upheld the lien. Full Article Injury & Tort Law Government Benefits
ces Cargo Services Scam - HAPPY NEW YEAR to you and yours By feedproxy.google.com Published On :: Mon, 21 Apr 2014 22:16:19 +0200 A very long scam e-mail from Linda Zhong who lives in another dimension in time. Full Article
ces NatWest Credit Card Services Banking Phishing Scam By feedproxy.google.com Published On :: Sat, 05 Apr 2014 22:12:47 +0200 An extremely legitimate looking phishing scam aimed at NatWest credit card holders. Full Article
ces Cargo Services Spam - Integrate Shipping Ltd By feedproxy.google.com Published On :: Mon, 21 Apr 2014 22:24:05 +0200 A year later Ms Jane Tan is at it again. Full Article
ces Sustainability, Parks, Recycling and Wildlife Defense Fund v. Department of Resources Recycling and Recovery By feeds.findlaw.com Published On :: 2019-04-22T08:00:00+00:00 (California Court of Appeal) - Rejected an environmental group's challenge to the issuance of a revised permit for a landfill. Affirmed the denial of writ relief. Full Article Environmental Law
ces Great Minds v. FedEx Office and Print Services, Inc. By feeds.findlaw.com Published On :: 2018-03-21T08:00:00+00:00 (United States Second Circuit) - Affirming a district court judgment dismissing a copyright infringement suit brought by a producer of educational materials against FedEx for their duplication of the products on behalf of school districts, whose use was licensed as noncommercial, because the distinction between their use and FedEx's facilitation of their use should have been explicitly laid out in the license they gave the schools. Full Article Intellectual Property Copyright
ces Arandell Corp. v. CenterPoint Energy Services, Inc. By feeds.findlaw.com Published On :: 2018-08-06T08:00:00+00:00 (United States Ninth Circuit) - Reinstated an antitrust claim against a wholly owned natural gas subsidiary that said it had no knowledge of its parent company's alleged price-fixing scheme that had pumped up the price of gas. The subsidiary argued that it could not be held liable for violating Wisconsin antitrust law because it was not involved in anything unlawful that its parent company may have done. Unpersuaded, the Ninth Circuit emphasized that a parent and a wholly owned subsidiary always act as a single enterprise whenever they engage in coordinated activity, and thus reversed the grant of summary judgment to the subsidiary. Full Article Oil and Gas Law Antitrust & Trade Regulation
ces Clearlake Shipping PTE Ltd. v. NuStar Energy Services, Inc. By feeds.findlaw.com Published On :: 2018-12-19T08:00:00+00:00 (United States Second Circuit) - Held that a bunker (marine fuel) supplier was not entitled to maritime liens against two chartered vessels to which it had physically provided marine fuel for which it was not paid. Affirmed the district court, in a case raising the question whether subcontractors were entitled to maritime liens. Full Article Oil and Gas Law Admiralty
ces Halliburton Energy Services, Inc. v. Ironshore Specialty Insurance Co. By feeds.findlaw.com Published On :: 2019-04-17T08:00:00+00:00 (United States Fifth Circuit) - In an insurance dispute following an explosion and fire on an oil rig in Ohio, addressed arbitrability and personal jurisdiction issues. Affirmed in part and reversed in part the decision below. Full Article Oil and Gas Law Insurance Law
ces Parker Drilling Management Services, Ltd. v. Newton By feeds.findlaw.com Published On :: 2019-06-10T08:00:00+00:00 (United States Supreme Court) - Addressed what law applies on the Outer Continental Shelf, holding that California wage-and-hour law was inapplicable to a worker on an offshore drilling platform. Under the Outer Continental Shelf Lands Act, if federal law addresses the relevant issue, state law is not adopted as surrogate federal law. Justice Thomas delivered the opinion for a unanimous Court. Full Article Oil and Gas Law Labor & Employment Law Admiralty
ces Double Eagle Energy Services v. MarkWest Utica EMG By feeds.findlaw.com Published On :: 2019-08-26T08:00:00+00:00 (United States Fifth Circuit) - Vacated and remanded. Subject matter jurisdiction is determined when the federal court's jurisdiction is first invoked, so although subsequent changes eliminated the basis for jurisdiction the propriety at the time of filing supported the continuation of the case. Full Article Bankruptcy Law Civil Procedure
ces Brock Services LLC v. Rogillo By feeds.findlaw.com Published On :: 2019-08-27T08:00:00+00:00 (United States Fifth Circuit) - Affirmed. A company sued a former employee who went to work for a direct competitor. The Court of Appeals affirmed the district court's grant of a preliminary injunction because there was an employment agreement with a non-compete provision. Full Article Contracts Civil Procedure Labor & Employment Law
ces Cobb v. Aramark Correctional Services By feeds.findlaw.com Published On :: 2019-08-29T08:00:00+00:00 (United States Seventh Circuit) - Reversed and remanded. The act of handing a complaint to a prison official fulfilled the prison mailbox rule regarding the date of filing. Full Article Civil Procedure