(United States Ninth Circuit) - Reversed the denial of attorney's fees in a copyright infringement case. A man agreed to pay $750 in statutory damages to a film production company for illegally downloading a movie using a peer-to-peer network and distributing it 80 times, and the parties agreed that the court would decide whether to award attorney's fees. When the court denied fees, the production company appealed. Agreeing with the company, the Ninth Circuit held that the district court failed to correctly apply certain factors in deciding whether to award attorney fees.

(United States Seventh Circuit) - Affirmed sanctions imposed against a defense attorney for filing a frivolous motion seeking prevailing party attorney fees. Held that it was baseless for the attorney to argue that his client was the prevailing party under the Copyright Act, in a case where his client had agreed to pay a monetary settlement to resolve a copyright infringement claim.

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(United States Third Circuit) - Affirmed the dismissal of a Religious Freedom Restoration Act challenge to the construction of a natural gas pipeline across a religious organization's land. A Roman Catholic religious order brought suit to prevent the pipeline from being erected across its land, claiming that this would be contrary to its deeply held religious beliefs regarding its obligations in caring for the Earth as God's creation. However, the Third Circuit held that RFRA cannot be used to circumvent the prescribed review procedure for challenging pipeline projects, under which an objecting party must first seek rehearing before the Federal Energy Regulatory Commission, which the religious order had not done.

(United States Third Circuit) - Rejected challenges to a natural gas pipeline project but remanded on one issue. Local governments and an environmental organization argued that the Federal Energy Regulatory Commission acted arbitrarily and capriciously in approving a proposed interstate pipeline expansion, but the Third Circuit rejected this argument. However, on a separate issue, the panel remanded to the New Jersey Department of Environmental Protection with instructions to reconsider the petitioners' request for an adjudicatory hearing.

(United States Fifth Circuit) - Held that it could not be decided on summary judgment whether interests in several oil and gas drilling projects qualified as securities, as the Securities and Exchange Commission insisted they were. The SEC brought this civil enforcement action against several companies that sold the interests to investors without first registering them as securities. Reversed a summary judgment ruling and remanded.

(California Court of Appeal) - Upheld a jury's finding that an investor was defrauded by an oil exploration company, which used his investment only to pay off preexisting debts. Affirmed the judgment, in relevant part.

(United States Fifth Circuit) - Plaintiff, SEC, filed suit against Defendant for failure to register interests in oil and gas drilling projects as securities. District court granted SEC motion for summary judgement. Appeals court revered and remanded because Defendant had raised several issues of material fact that the district court failed to consider.

(United States DC Circuit) - Denied. A petition by environmental associations whose members live and work in areas affected by the Atlantic Sunrise Project allowing natural gas pipeline expansion was denied because challenges to the Federal Energy Regulatory Commission couldn't submit the deferential standard of review of their determinations and due to binding circuit precedent.

(United States First Circuit) - In a commercial action, brought by a commercial fisherman challenging various provisions of the Magnuson-Stevens Fishery Conservation and Management Act, the district court's grant of summary judgment to the government is affirmed where plaintiff's suit was not filed within the thirty-day statute of limitations.

(United States Seventh Circuit) - Vacated and remanded. The summary judgment in a contract lawsuit over a supply contract for manufactured goods was improper because there were genuine issues of material fact.

(United States First Circuit) - In a dispute arising out of a merger agreement in which one party agreed to indemnify the other against a purely hypothetical tax loss, involving the issue of whether the prepayments and credits, and resulting tax refunds, affect the tax indemnification obligation of the sellers, the District Court's judgment in favor of sellers is vacated and remanded for further proceedings where; 1) the indemnification provision is ambiguous as to how the tax refunds affect the indemnification obligation of the sellers; and 2) the parties' arguments about the purpose and negotiating history of the provision cannot be resolved without the aid of a fact-finder.

(United States Seventh Circuit) - Affirmed a judgment after trial in a contractual dispute between two industrial supply companies. The case involved the alleged breach of their asset purchase agreement.

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(United States DC Circuit) - Remanded for dismissal. The Electronic Privacy Information Center sued following a US Department of Commerce announcement that citizenship would be among the questions included in the 2020 census. EPIC sought to enjoin the question because they claim their members were entitled to a Privacy Impact Assessment. However, EPIC lacked standing to proceed with the suit.

(Supreme Court of California) - Reversed. Plaintiffs are state correctional employees who sought additional compensation for pre and postwork activities that include walking from outermost gate of prison to their work posts. The court divided Plaintiffs into two groups: union and non-union. The appeals court held that the non-union employees were entitled to overtime. The California Supreme Court held the union employees were not entitled to additional compensation because their collective bargaining agreement took that into account. And the non-union were not entitled because the walking time did not fit the definition of compensable work time under the Pay Scale Manual.

(California Court of Appeal) - Reversed. Plaintiff brought a petition for writ of mandate claiming the fee charged by Defendant, County of Alameda, for copies of official records violated Government Code section 27366. Trial court granted petition and issued a preliminary injunction against Defendant and awarded attorney fees to Plaintiff. Appeals court found that the County did not abuse its discretion in determining the fee it charged or that section 27366 was violated.

(California Court of Appeal) - Affirmed. Plaintiff sued Defendant for a slip and fall accident in the BART station on the theory that the train operator owed a heightened duty of care under Civil Code section 2100. The trial court dismissed the action on the grounds that Defendant had no liability for accidents that did not occur on the train. The appeals court agreed also holding that section 2100 does not apply to minor commonplace hazards in a train station.

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(United States Federal Circuit) - Affirming the district court's determination that patents relating to aspects of the production of an antibiotic compound were obvious implementations of disclosures made in other patents that would constitute nothing more than the routine way a skilled artisan would apply the patent's teachings.

(United States Federal Circuit) - Affirming the District Court's determination that a proposed generic nasal spray would not infringe the patents of a company manufacturing the Nasonex nasal product.

(United States Federal Circuit) - Affirming the judgment that Merck, initially defending its patent on Hepatitis C drugs against a competitor seeking to have them found invalid, who successfully counter-sued for infringement, had unclean hands regarding the patents and was properly barred from asserting its patents and awarded attorney fees to the plaintiff.

(United States First Circuit) - Affirmed the dismissal of two putative antitrust class actions alleging that a pharmaceutical company took steps to block the entry of generic versions of its leukemia-treatment drug into the U.S. market. The plaintiffs, including several labor union benefit funds, claimed that the drugmaker engaged in anticompetitive conduct by bringing sham infringement lawsuits against manufacturers trying to enter the market with generic versions of that drug. Dismissing the complaints, the district court held that the plaintiffs had not plausibly alleged their claims, and the First Circuit affirmed.

(United States Supreme Court) - Clarified when federal law will preempt a state law claim that a drug manufacturer failed to warn consumers of a drug's risks. Held that this preemption question is one for a judge to decide, not a jury. Also spelled out the "clear evidence" standard that applies in this context. Justice Breyer, joined by five justices, delivered the U.S. Supreme Court's majority opinion in this product liability lawsuit against a drugmaker.

The United Kingdom’s Office for Standards in Education, Children’s Services and Skills (Ofsted) argued before the High Court that Christian groups should not allow their religious beliefs to influence their professional activities.

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(United States Ninth Circuit) - In a civil procedure action, arising from a copyright infringement action brought by plaintiffs, American companies in the natural foods industry, against defendant, a UK limited company, after defendant sent an email newsletter containing plaintiffs' logos to 343 email addresses, the district court's dismissal for lack of personal jurisdiction is affirmed where defendant's suit-related conduct did not create a substantial connection with California.

(United States Ninth Circuit) - Vacated an award of attorney fees but otherwise affirmed the district court's approval of a class action settlement resolving claims that an online retailer enrolled consumers in a membership rewards program without their consent and mishandled their billing information. Held that the district court should not have counted the full face value of $20 coupons provided to class members when it performed the percentage-of-recovery and lodestar calculations.

(United States DC Circuit) - Affirmed. The denial of class certification in the case of thousands of shippers allegedly harmed by a price fixing conspiracy among freight railroads was affirmed because their evidence for proving causation, injury, and damages on a class wide basis measured negative damages for over 2,000 members.

British Author/Musician MICHAEL MOORCOCK Releases Live At The Terminal Café.

(Supreme Court of California) - Reversed. Plaintiffs are state correctional employees who sought additional compensation for pre and postwork activities that include walking from outermost gate of prison to their work posts. The court divided Plaintiffs into two groups: union and non-union. The appeals court held that the non-union employees were entitled to overtime. The California Supreme Court held the union employees were not entitled to additional compensation because their collective bargaining agreement took that into account. And the non-union were not entitled because the walking time did not fit the definition of compensable work time under the Pay Scale Manual.

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(United States Seventh Circuit) - Affirmed a judgment after trial in a contractual dispute between two industrial supply companies. The case involved the alleged breach of their asset purchase agreement.

(United States Fifth Circuit) - Affirmed. On remand from the Supreme Court the panel determined that the parties to an arbitration clause did not clearly and unmistakably delegate the question of arbitrability to an arbitrator and that the district court had the power to make this determination.

(United States Seventh Circuit) - Vacated and remanded. The summary judgment in a contract lawsuit over a supply contract for manufactured goods was improper because there were genuine issues of material fact.

Despite the ongoing Covid-19 pandemic, the container ship Oleander continues to work as a “ship of opportunity that acquires important ocean...

(California Court of Appeal) - In a car purchaser's successful lemon law suit, held that the trial court used an improper method to determine reasonable attorney fees. Remanded for a recalculation of the fee award.

Giving thanks for God’s work throughout the church universal.

I hope that if I counted myself as a member of a “liberal” denomination, I would be writing a post about my gratitude for the contributions of evangelicals to proclaiming God’s glory in the church and in the world. Instead, as an evangelical, I am here to say thank you to the Catholics and Episcopalians, to the feminist theologians and the pastors focused on social justice, to the whole host of people past and present who witness to the breadth and depth of God’s character and glory.

Here’s a bit of the backstory: I sometimes say that I am “denominationally confused.” I was baptized Episcopalian, confirmed Presbyterian, and married in the Congregational church I attended through college. Over the fifteen years of our marriage (which has included moving to four different towns), my husband and I have worshiped in an Episcopal church, a non-denominational church, a Vineyard church, and a Covenant church. Each of these churches has offered distinct gifts to us—the lofty liturgy of an Episcopal cathedral, the emphasis on global missions at the non-denominational church, the healing prayer at the Vineyard, the solid preaching and welcoming community at the Covenant. It would be easy to critique any of these churches, but overall I am grateful for them each in their own way, and I’m grateful for their variety. It has shown me so much more about the diversity of God’s healing work in the world.

Perhaps I’m so willing to move from denomination to denomination because of the role para-church ministries played in my growth as a Christian. I first experienced the power of the Holy Spirit at a Young Life camp, and I grew even more through ministries on my high ...

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