cl Polish Club opens for UEFA Euro 2016 By www.dailytelegraph.com.au Published On :: Thu, 30 Jun 2016 04:51:00 GMT Hundreds of football fans are expected to descend on Ashfield on Friday morning, when Portugal take on Poland in the quarter-final of UEFA Euro 2016. Full Article
cl Wicks claims Robertson victory By www.dailytelegraph.com.au Published On :: Wed, 06 Jul 2016 05:01:00 GMT THE WAITING is over for voters in the marginal seat of Robertson, with Liberal MP Lucy Wicks claiming victory three days after election day, despite an evident swing to Labor. Full Article
cl Clark v. River Metals Recycling, LLC By feeds.findlaw.com Published On :: 2019-07-02T08:00:00+00:00 (United States Seventh Circuit) - Affirmed. The district court's grant of summary judgment to defendants in a workplace injury case where the worker sued the manufacturer of a car crusher and the company it leased it to rather than his employer claiming defective design because his evidence did not comply with Federal Rule of Evidence 702. Full Article Civil Procedure Injury & Tort Law Evidence
cl Behm v. Clear View Technologies By feeds.findlaw.com Published On :: 2015-10-08T08:00:00+00:00 (California Court of Appeal) - In an action against officers and directors of a company in which plaintiff invested, alleging false representations, following a default judgment for plaintiff, the trial court's grant of defendant's motion to vacate the default judgment on grounds that it did not have sufficient notice of punitive damages under Code of Civil Procedure section 435.115(f) and that it was entitled to mandatory relief under section 473(b), is affirmed where: 1) due process requires that when a plaintiff moves for discovery terminating sanctions and seeks punitive damages, a statement under section 425.111(f) must be served a reasonable time before obtaining those sanctions; and 2) notice must be sufficient to afford a defendant the opportunity to fairly appraise the full amount of damages sought by the time he or she needs to respond and oppose the motion. Full Article Civil Procedure Corp. Governance Corporation & Enterprise Law
cl In re Sino Clean Energy, Inc. By feeds.findlaw.com Published On :: 2018-08-27T08:00:00+00:00 (United States Ninth Circuit) - Held that former board members of a corporation lacked corporate authority when they filed a Chapter 11 bankruptcy petition. The board members argued that they had the proper authority to file the bankruptcy petition even though a receiver appointed by a state court already had removed them from the board of directors. Rejecting their argument, the Ninth Circuit affirmed dismissal of the bankruptcy petition. Full Article Corporation & Enterprise Law Bankruptcy Law Corp. Governance
cl IN RE: the Claim of ZULMA ZUNIGA By feeds.findlaw.com Published On :: -May 7, 2020-T08:00:00+00:00 (NY Supreme Court) - 529285 Full Article
cl Clifford v. Quest Software Inc. By feeds.findlaw.com Published On :: 2019-08-14T08:00:00+00:00 (California Court of Appeal) - Reversed order denying Defendant’s motion to compel arbitration. Plaintiff filed a complaint against his employer for unfair competition under the Business and Professions Code section 17200 and also brought wage and hour claims. The Defendant moved to compel arbitration. The trial court granted arbitration for all claims, but for the unfair competition claim. The appeals court held that the unfair competition claim could also be subject to arbitration. Full Article Dispute Resolution & Arbitration Labor & Employment Law Consumer Protection Law
cl Murray v. Mayo Clinic By feeds.findlaw.com Published On :: 2019-08-20T08:00:00+00:00 (United States Ninth Circuit) - Affirmed. The panel held that the district court correctly instructed the jury to apply a “but for” causation standard, rather than a motivating factor standard; an ADA discrimination plaintiff must show the adverse employment action would not have occurred but for the disability. Full Article Labor & Employment Law
cl Karas-Durante v. County of Santa Clara By feeds.findlaw.com Published On :: 2018-11-30T08:00:00+00:00 (California Court of Appeal) - Held that a homeowner was not entitled to a refund of property taxes. County officials correctly determined that there was a change in ownership of a house she co-owned with her sister, which triggered a reassessment of its value. Affirmed a judgment after trial. Full Article Tax Law Property Law & Real Estate
cl McClain v. Sav-On Drugs By feeds.findlaw.com Published On :: 2019-03-04T08:00:00+00:00 (Supreme Court of California) - Held that customers who had paid sales tax on purchases they believed to be exempt did not have an equitable cause of action to compel the retailers to seek a tax refund from the state, under the facts here. Affirmed a judgment sustaining the retailers' demurrer. Full Article Tax Law
cl Radcliffe v. Experian Information Solutions, Inc. By feeds.findlaw.com Published On :: 2016-03-28T08:00:00+00:00 (United States Ninth Circuit) - In an ethics and professional responsibility action, arising out of a dispute between class plaintiffs over conflicts of interest among class counsel, the district court's rejection of the motion to disqualify counsel is affirmed where California does not apply a rule of automatic disqualification for conflicts of simultaneous representation in the class action context and the district court did not abuse its discretion in determining that counsel will adequately represent the class. Full Article Class Actions Ethics & Professional Responsibility Consumer Protection Law
cl Apple Inc. v. The Superior Court of Santa Clara County By feeds.findlaw.com Published On :: 2017-12-11T08:00:00+00:00 (California Court of Appeal) - Issuing a peremptory writ of mandate and vacating the superior court's refusal to apply the Braddock rule, requiring that the court assess demand futility as to the board in place when an amended complaint is filed in a corporate action, because the rule is consistent with relevant aspects of California law. Full Article Civil Procedure Corporation & Enterprise Law
cl In re Sino Clean Energy, Inc. By feeds.findlaw.com Published On :: 2018-08-27T08:00:00+00:00 (United States Ninth Circuit) - Held that former board members of a corporation lacked corporate authority when they filed a Chapter 11 bankruptcy petition. The board members argued that they had the proper authority to file the bankruptcy petition even though a receiver appointed by a state court already had removed them from the board of directors. Rejecting their argument, the Ninth Circuit affirmed dismissal of the bankruptcy petition. Full Article Corporation & Enterprise Law Bankruptcy Law Corp. Governance
cl Santa Clarita Org. etc. v. Castaic Lake Water Agency By feeds.findlaw.com Published On :: 2016-07-29T08:00:00+00:00 (California Court of Appeal) - In a lawsuit to unwind a public water agency's acquisition of all of the stock of a retail water purveyor within its territory, the trial court's order refusing to unwind the transaction is affirmed where: 1) the streamlined procedures available for validating certain acts of public agencies, Code Civ. Proc.section 860 et seq., are inapplicable; 2) substantial evidence supports the trial court's factual finding that the purveyor did not become the agency's alter ego in this case; and 3) the agency did not violate article XVI, section 17. Full Article Public Utilities Water Law Administrative Law Administrative Law
cl S. California Alliance of Publicly Owned Treatment Works v. US Environtmental Protection Agency By feeds.findlaw.com Published On :: 2017-04-12T08:00:00+00:00 (United States Ninth Circuit) - In a petition for review challenging an Objection Letter sent by the EPA regarding draft permits for water reclamation plants in El Monte and Pomona, California, the petition is dismissed for lack of subject matter jurisdiction where neither 33 U.S.C. section 1369(b)(1)(E) nor (F) of the Clean Water Act provided the court with subject matter jurisdiction to review the Objection Letter. Full Article Public Utilities Water Law Administrative Law Environmental Law
cl McAirlaids, Inc. v. Kimberly-Clark Corporation By feeds.findlaw.com Published On :: 2014-06-25T08:00:00+00:00 (United States Fourth Circuit) - Summary judgment in favor of defendant in an action for trade-dress infringement and unfair competition under sections 32(1)(a) and 43(a) of the Trademark Act of 1946 (Lanham Act) and Virginia common law, is vacated and remanded, where: 1) plaintiff alleges that defendant used a similar dot pattern on its GoodNites bed mats as plaintiff used on plaintiff's absorbent products; 2) plaintiff has presented sufficient evidence to create a genuine factual question as to whether their selection of a pixel pattern was a purely aesthetic choice among many alternatives; and thus, 3) plaintiff has presented sufficient evidence to raise a genuine issue of material fact regarding the functionality of its pixel pattern. Full Article Injury & Tort Law Intellectual Property Trade Dress
cl Click-to-Call Tech. v. Ingenio, Inc. By feeds.findlaw.com Published On :: 2018-08-16T08:00:00+00:00 (United States Federal Circuit) - Remanded with instructions to dismiss, in a case where the Federal Circuit concluded that the Patent Trial and Appeal Board erred in determining that certain claims were not time-barred under 35 USC section 314. Full Article Patent Administrative Law
cl People v. Clark By feeds.findlaw.com Published On :: 2016-12-20T08:00:00+00:00 (Court of Appeals of New York) - Conviction for second-degree murder is affirmed where defendant's trial counsel did not commit ineffective assistance of counsel in pursuing a misidentification defense while not advancing an inconsistent justification defense, after defendant decided on the strategy and denied that he was the person depicted shooting the victim on a surveillance video recording. Full Article Criminal Law & Procedure
cl Class v. Towson University By feeds.findlaw.com Published On :: 2015-11-13T08:00:00+00:00 (United States Fourth Circuit) - In an action challenging defendant Towson University's refusal to allow plaintiff to return to playing football after he suffered a near-death heat-stroke induced coma requiring a liver transplant and additional surgeries, the district court's judgment for plaintiff under Title II of the Americans with Disabilities Act is reversed where plaintiff was not otherwise qualified to participate in defendant's football program under defendant's reasonably applied Return-to-Play Policy. Full Article Sports Law Education Law Civil Rights
cl Staats v. Vintner's Golf Club, LLC By feeds.findlaw.com Published On :: 2018-08-01T08:00:00+00:00 (California Court of Appeal) - Reinstated a claim that a golf club was negligent in failing to protect patrons from yellow jacket wasps. The plaintiff, who was attacked by a swarm of yellow jackets while taking a golf lesson, argued that the golf club owed a duty to protect patrons from the insects even if they came from an undiscovered nest on the course. On appeal, the First Appellate District agreed that a duty of care existed in this situation, requiring actions such as reasonable inspections, and it therefore reversed summary judgment and remanded for further proceedings. Full Article Sports Law Injury & Tort Law
cl Webster v. Claremont Yoga By feeds.findlaw.com Published On :: 2018-08-16T08:00:00+00:00 (California Court of Appeal) - Affirmed summary judgment against a yoga student's claim that her instructor caused her injury while adjusting her posture during a yoga class. According to the student, the instructor harmed her when he moved her leg, lower back, and neck. On appeal, the California Second Appellate District agreed with the yoga instructor that there was no triable issue as to causation, because the student had offered no evidence conflicting with that of the instructor's experts, who opined that the student's medical issues were unrelated to the yoga class. Full Article Sports Law Injury & Tort Law
cl Durnford v. MusclePharm Corp. By feeds.findlaw.com Published On :: 2018-10-12T08:00:00+00:00 (United States Ninth Circuit) - Reinstated a consumer's proposed class action lawsuit against a manufacturer of nutritional supplements. Held that the federal Food, Drug, and Cosmetic Act did not preempt the consumer's California law claims that the company made false or misleading statements about the source of the protein in one of its muscle-building products. Reversed dismissal and remanded for further proceedings. Full Article Sports Law Consumer Protection Law
cl BP Exploration and Production Inc. v. Claimant ID 100281817 By feeds.findlaw.com Published On :: 2019-03-20T08:00:00+00:00 (United States Fifth Circuit) - Held that a professional basketball player was not entitled to compensation for his alleged lost earnings resulting from the Deepwater Horizon oil spill. A player for the New Orleans Hornets (now known as the New Orleans Pelicans) claimed that the spill indirectly impacted his earnings under a previously negotiated contract. On BP's appeal, the Fifth Circuit overturned the award approved by a settlement claims administrator. Full Article Sports Law Environmental Law Oil and Gas Law
cl Sierra Club v. County of Fresno By feeds.findlaw.com Published On :: 2018-12-24T08:00:00+00:00 (Supreme Court of California) - Held that an Environmental Impact Report (EIR) issued in connection with a planned retirement community must be revised. The Sierra Club and others argued that the EIR lacked sufficient discussion of the project's air quality impacts. The California Supreme Court's opinion addressed some broad issues regarding judicial review of the adequacy of EIRs. Full Article Environmental Law Construction
cl Unclaimed Funds Scam - Re: Mail From Thailand By feedproxy.google.com Published On :: Mon, 07 Apr 2014 20:55:11 +0200 The 419 scammers are afraid that they are going to pay your fake fund into the wrong bank account, so they want to make sure if they have the correct banking details... how considerate of them. Full Article
cl BP Exploration and Production Inc. v. Claimant ID 100217946 By feeds.findlaw.com Published On :: 2019-03-18T08:00:00+00:00 (United States Fifth Circuit) - Affirmed that a nonprofit organization was entitled to compensation under a settlement program that oil company BP established following the Deepwater Horizon oil spill. Upheld the claims administrator's decision. Full Article Environmental Law Oil and Gas Law Water Law
cl BP Exploration and Production Inc. v. Claimant ID 100281817 By feeds.findlaw.com Published On :: 2019-03-20T08:00:00+00:00 (United States Fifth Circuit) - Held that a professional basketball player was not entitled to compensation for his alleged lost earnings resulting from the Deepwater Horizon oil spill. A player for the New Orleans Hornets (now known as the New Orleans Pelicans) claimed that the spill indirectly impacted his earnings under a previously negotiated contract. On BP's appeal, the Fifth Circuit overturned the award approved by a settlement claims administrator. Full Article Sports Law Environmental Law Oil and Gas Law
cl BP Exploration and Production, Inc. v. Claimant ID 100141850 By feeds.findlaw.com Published On :: 2019-03-26T08:00:00+00:00 (United States Fifth Circuit) - Held that a manufacturer was entitled to millions of dollars in compensation for losses attributable to the Deepwater Horizon oil spill. Upheld the decision of a settlement program administrator, which was challenged by oil company BP. Full Article Environmental Law Oil and Gas Law
cl BP Exploration and Production, Inc. v. Claimant ID 100261922 By feeds.findlaw.com Published On :: 2019-03-28T08:00:00+00:00 (United States Fifth Circuit) - Held that an Alabama-based manufacturer of commercial signs was entitled to compensation for losses attributable to the Deepwater Horizon oil spill. Upheld the decision of a settlement program administrator, which was challenged by oil company BP. Full Article Environmental Law Oil and Gas Law
cl BP Exploration and Production, Inc. v. Claimant ID 100166533 By feeds.findlaw.com Published On :: 2019-04-08T08:00:00+00:00 (United States Fifth Circuit) - Held that an electrical contractor was entitled to compensation for losses attributable to the Deepwater Horizon oil spill. Upheld the decision of a settlement program administrator, which was challenged by oil company BP. Full Article Environmental Law Oil and Gas Law
cl Claimant ID 100081155 v. BP Exploration and Production, Inc. By feeds.findlaw.com Published On :: 2019-04-09T08:00:00+00:00 (United States Fifth Circuit) - Held that a short-term vacation rental business was improperly denied compensation for losses attributable to BP's 2010 oil spill. The settlement program administrator, and the district court, misinterpreted the settlement agreement's definition of a failed business. Vacated and remanded. Full Article Environmental Law Oil and Gas Law
cl 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
cl Sierra Club, Inc. v. US Fish and Wildlife Service By feeds.findlaw.com Published On :: 2019-05-30T08:00:00+00:00 (United States Ninth Circuit) - In an amended opinion in a Freedom of Information Act case, held that the Sierra Club was entitled to certain records generated during the Environmental Protection Agency's rule-making process concerning cooling water intake structures. However, other records were protected from public release by the deliberative process privilege. Reversed in part and remanded. Full Article Government Law Environmental Law
cl Sierra Club v. Trump By feeds.findlaw.com Published On :: 2019-07-03T08:00:00+00:00 (United States Ninth Circuit) - Stay of the district court order granting Plaintiffs injunction is not warranted. Plaintiffs sued Defendants to enjoining them from reprogramming funds from the Department of Defense toward building a barrier along our country’s southern border. The appeals court concluded that Plaintiffs have a strong likelihood that they will prevail in this litigation. Full Article Government Law Environmental Law Civil Procedure
cl Barclay Hollander Corp. v. Cal. Regional Water Quality Control By feeds.findlaw.com Published On :: 2019-08-07T08:00:00+00:00 (California Court of Appeal) - Affirmed the judgment upholding the Defendant, Water Board’s, determination that Plaintiff was jointly and severally responsible for the cleanup and abatement of petroleum residue or waste. Plaintiff sought a reversal of order denying petition to overturn that determination. Full Article Environmental Law Administrative Law
cl Oracle USA, Inc. v. Rimini Street, Inc. By feeds.findlaw.com Published On :: 2018-01-08T08:00:00+00:00 (United States Ninth Circuit) - Partially affirming, partially reversing, and vacating the district court's judgment after jury trial in favor of Oracle on its copyright claims against a provider of third party support, affirming judgments of infringement, but reversing judgment as to California and Nevada statutes that weren't violated by use of automated tools, reducing damages accordingly, and vacating the permanent injunction and reversing the award of attorney's fees. Full Article Intellectual Property Copyright
cl Oracle America, Inc. v. Google LLC By feeds.findlaw.com Published On :: 2018-03-27T08:00:00+00:00 (United States Federal Circuit) - Reversing a district court determination that Google's use of Oracle's Java Standard Edition platform programming interface in its Android operating system was fair use and decisions denying Oracle's motion for judgment as a matter of law and remanding for a determination of damages. Full Article Copyright Intellectual Property
cl Close v. Sotheby's, Inc. By feeds.findlaw.com Published On :: 2018-07-06T08:00:00+00:00 (United States Ninth Circuit) - Affirmed in relevant part, finding that federal copyright law largely preempts California's Resale Royalties Act, Cal. Civ. Code section 986, which grants artists a right to five percent of the proceeds on any resale of their artwork under specified circumstances. Full Article Intellectual Property Copyright
cl Rimini Street, Inc. v. Oracle USA, Inc. By feeds.findlaw.com Published On :: 2019-03-04T08:00:00+00:00 (United States Supreme Court) - Held that the Copyright Act authorizes federal district courts to award a prevailing party only the six categories of costs specified in the general costs statute. A software manufacturer that obtained an infringement judgment against another company argued that the Act's reference to "full costs" meant that a court could award it costs beyond the six categories. The U.S. Supreme Court unanimously rejected this argument for additional costs in an opinion delivered by Justice Kavanaugh. Full Article Attorney's Fees Intellectual Property Copyright
cl Gold Value International Textile Inc. v. Sanctuary Clothing, LLC By feeds.findlaw.com Published On :: 2019-06-04T08:00:00+00:00 (United States Ninth Circuit) - Held that a clothing manufacturer could not proceed with a copyright infringement lawsuit against a competitor that allegedly copied a fabric design because the copyright registration was invalid due to knowingly inaccurate paperwork. Affirmed summary judgment for the defendants. Full Article Intellectual Property Copyright
cl More Ozzy TV- Arctic Monkeys 'Four Out Of Five' Video, Muse Concert Film Preview, Cliff Burton Documentary, Sevendust, Free Volbeat Show and more By feedproxy.google.com Published On :: More Ozzy TV- Arctic Monkeys 'Four Out Of Five' Video, Muse Concert Film Preview, Cliff Burton Documentary, Sevendust, Free Volbeat Show and more Full Article
cl Sierra Club, Inc. v. U.S. Forest Service By feeds.findlaw.com Published On :: 2018-07-27T08:00:00+00:00 (United States Fourth Circuit) - Vacated federal agency decisions approving construction of a natural gas pipeline through a national forest. Several environmental groups challenged the Bureau of Land Management's and U.S. Forest Service's rulings allowing the pipeline to be built. On a petition for review, the Fourth Circuit agreed with the environmental groups that the federal agencies failed to fully comply with the National Environmental Policy Act, the Mineral Leasing Act, and the National Forest Management Act, and therefore the appeals court vacated and remanded to the agencies for further proceedings. Full Article Oil and Gas Law Government Law Environmental Law
cl Sierra Club v. State Water Control Board By feeds.findlaw.com Published On :: 2018-08-01T08:00:00+00:00 (United States Fourth Circuit) - Denied a legal challenge filed by environmental groups seeking to prevent the construction of a natural gas pipeline across part of Virginia. The environmental groups argued that the Commonwealth of Virginia had improperly certified that the pipeline project would not degrade the state's water. Unpersuaded, the Fourth Circuit, which had jurisdiction over the case by federal statute, concluded that Virginia's issuance of a Clean Water Act certification was not arbitrary and capricious, and thus denied the environmental groups' petition for review. Full Article Water Law Environmental Law Oil and Gas Law
cl Sierra Club v. National Park Service By feeds.findlaw.com Published On :: 2018-08-06T08:00:00+00:00 (United States Fourth Circuit) - Vacated actions taken by two federal agencies that provided necessary approvals for the Atlantic Coast Pipeline. When the Fish and Wildlife Service and the National Park Service granted certain environmental authorizations that were needed to construct the 600-mile pipeline, which is designed to transport natural gas from West Virginia to the eastern portions of Virginia and North Carolina, environmental groups filed a petition for review of the agencies' actions. Agreeing with the environmental groups that both agency decisions were arbitrary and capricious, the Fourth Circuit vacated both administrative rulings. Full Article Administrative Law Environmental Law Oil and Gas Law
cl BP Exploration and Production, Inc. v. Claimant ID 100094497 By feeds.findlaw.com Published On :: 2018-12-10T08:00:00+00:00 (United States Fifth Circuit) - In a case arising out of the 2010 Deepwater Horizon oil spill, held that a detrimentally impacted seafood business's monetary award under a court supervised settlement program was not properly calculated. Vacated and remanded. Full Article Injury & Tort Law Oil and Gas Law Water Law
cl 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
cl BP Exploration and Production Inc. v. Claimant ID 100217946 By feeds.findlaw.com Published On :: 2019-03-18T08:00:00+00:00 (United States Fifth Circuit) - Affirmed that a nonprofit organization was entitled to compensation under a settlement program that oil company BP established following the Deepwater Horizon oil spill. Upheld the claims administrator's decision. Full Article Environmental Law Oil and Gas Law Water Law
cl BP Exploration and Production Inc. v. Claimant ID 100281817 By feeds.findlaw.com Published On :: 2019-03-20T08:00:00+00:00 (United States Fifth Circuit) - Held that a professional basketball player was not entitled to compensation for his alleged lost earnings resulting from the Deepwater Horizon oil spill. A player for the New Orleans Hornets (now known as the New Orleans Pelicans) claimed that the spill indirectly impacted his earnings under a previously negotiated contract. On BP's appeal, the Fifth Circuit overturned the award approved by a settlement claims administrator. Full Article Sports Law Environmental Law Oil and Gas Law
cl BP Exploration and Production, Inc. v. Claimant ID 100141850 By feeds.findlaw.com Published On :: 2019-03-26T08:00:00+00:00 (United States Fifth Circuit) - Held that a manufacturer was entitled to millions of dollars in compensation for losses attributable to the Deepwater Horizon oil spill. Upheld the decision of a settlement program administrator, which was challenged by oil company BP. Full Article Environmental Law Oil and Gas Law
cl BP Exploration and Production, Inc. v. Claimant ID 100261922 By feeds.findlaw.com Published On :: 2019-03-28T08:00:00+00:00 (United States Fifth Circuit) - Held that an Alabama-based manufacturer of commercial signs was entitled to compensation for losses attributable to the Deepwater Horizon oil spill. Upheld the decision of a settlement program administrator, which was challenged by oil company BP. Full Article Environmental Law Oil and Gas Law