our Contour Design, Inc. v. Chance Mold Steel Co., Ltd. By feeds.findlaw.com Published On :: 2012-09-04T08:00:00+00:00 (United States First Circuit) - In an action for trade secret misappropriation and breach of contract, involving certain ergonomic computer mouse products, district court's judgment is: 1) reversed where the it erred in extending the injunction to defendant's ErgoRoller product because the record does not support the finding that defendant breached the NDA in producing this product; 2) affirmed where it did not err in the duration of the injunction as applied to the other enjoined products; and 3) affirmed where it did not err in jury instructions on lost profits, as but for the breach, plaintiff could have recovered the lost profits by employing another company to manufacture the products and selling them. Full Article Contracts Intellectual Property Trade Secrets Remedies
our Crump v. Superior Court By feeds.findlaw.com Published On :: 2019-07-09T08:00:00+00:00 (California Court of Appeal) - Petition for writ of mandate is denied. Remanded to consider restitution. Los Angeles County filed a misdemeanor criminal complaint against SoCalGas for a natural gas leak that continued for months and caused damage to residents. The criminal charges were resolved by a plea agreement, where a no contest plea was entered to the charge of failure to immediately report gas leak. Plaintiffs sought to set aside plea agreement and seek restitution under the California Constitution. The appeals court held that victims do not have a right to appeal a criminal case judgment, but they do have a right to restitution. However, restitution is only available for crimes where there is an actual conviction. Full Article Oil and Gas Law Injury & Tort Law
our Hollingsworth v. Superior Court By feeds.findlaw.com Published On :: 2019-07-24T08:00:00+00:00 (California Court of Appeal) - Vacated. Plaintiff, the heir of an employee who was killed in a work place accident, filed a complaint alleging that the employer did not have workers compensation insurance. The employer filed a demurrer and sought adjudication with the Workers Compensation Board. The trial court stayed the civil case to allow the WCAB to decide the issue. The Appeals court held that when a civil action and a workers’ compensation proceeding are concurrently pending, the tribunal first assuming jurisdiction should have exclusive jurisdiction. The trial court erred by staying the civil case and the WCAB erred by proceeding without deference to the trial court. Order staying civil case is vacated and WCAB proceedings stayed. Full Article Injury & Tort Law Workers' Compensation
our People v. Superior Court By feeds.findlaw.com Published On :: 2019-08-05T08:00:00+00:00 (California Court of Appeal) - Denied District Attorney’s writ of mandate to declare Senate Bill No. 1391 unconstitutional. Juvenile offender, T.D., shot and killed someone when he was 14. The DA filed charges against T.D. directly as an adult. While the case was pending, Proposition 57 was passed to eliminate the DA’s ability to charge minors 14 or younger as adults. Later, SB No. 1391 was passed that prohibited transfers of 14 -15 year-olds to criminal court. The Appeals court found that SB No. 1391 was not unconstitutional and that it was consistent with the intent of Prop 57. Full Article Injury & Tort Law Banking Law
our Whyenlee Industries Ltd. v. Superior Court (Huang) By feeds.findlaw.com Published On :: 2019-03-22T08:00:00+00:00 (California Court of Appeal) - Refused to quash service of a summons on a company in Hong Kong. The company contended that the service did not adhere to proper Hong Kong procedures and was invalid under international law. Disagreeing, the California Court of Appeal denied writ relief. Full Article International Law Civil Procedure
our 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
our Agricultural Labor Relations Bd. v. Superior Court By feeds.findlaw.com Published On :: 2016-10-25T08:00:00+00:00 (California Court of Appeal) - In an administrative law action challenging the trial court's order that communications between the Agricultural Labor Relations Board and its general counsel, concerning whether to seek injunctive relief against Gerawan Farming, Inc. over complaints of unfair labor practices, must be disclosed under the Public Records Act, Government Code section 6251, the order is reversed where the Board's internal communications concerning its prosecution of Gerawan Farming are protected by attorney-client privilege. Full Article Labor & Employment Law Ethics & Professional Responsibility Administrative Law Government Law
our Bundy v. U.S. District Court for the District of Nevada By feeds.findlaw.com Published On :: 2016-10-28T08:00:00+00:00 (United States Ninth Circuit) - In a petition for a writ of mandamus to force the district court to admit an attorney it had previously denied admission pro hac vice in the high-profile criminal trial of Cliven Bundy, the District Court's denial is affirmed where it did not abuse its discretion, as there are a litany of reasons for denying the attorney's pro hac vice status. Full Article Ethics & Professional Responsibility Judges & Judiciary
our Los Angeles County Board of Supervisors v. The Superior Court of Los Angeles County By feeds.findlaw.com Published On :: 2016-12-29T08:00:00+00:00 (Supreme Court of California) - In an action that implicates the public‘s interest in transparency and a public agency‘s interest in confidential communications with its legal counsel, the Court of Appeal’s judgment concerning whether billing invoices are privileged is reversed where invoices for work in pending and active legal matters are so closely related to attorney-client communications that they implicate the heart of the privilege rule. Full Article Evidence Ethics & Professional Responsibility
our Medical Board of California v. The Superior Court of the City and County of San Francisco By feeds.findlaw.com Published On :: 2018-01-08T08:00:00+00:00 (California Court of Appeal) - Granting a writ petition in the case of a doctor who contested the introduction of arrest records relating to his conviction for possession of cocaine in professional misconduct proceedings and the tension between the Penal Code section stating that successful completion of a diversion program should not be used in a way that could result in the loss of a license and the Business and Professions Code section stating that the successful completion of diversion does not prohibit the agency from taking disciplinary action, holding that the latter statute was controlling. Full Article Evidence Ethics & Professional Responsibility Administrative Law
our Magana v. The Superior Court of San Mateo County By feeds.findlaw.com Published On :: 2018-04-27T08:00:00+00:00 (California Court of Appeal) - Denying a petition for writ of mandate or prohibition challenging a trial judge's refusal to disqualify himself and for the attorney's removal as defense counsel in a case where the defense attorney engaged in a series of procedural delays in his defense of a man charged with two counts of rape that the court eventually held was denying the victim, defendant, and government their right to a speedy trial because the court correctly found that his motion to disqualify was untimely and the trial court had the authority to remove defense counsel to ensure adequate representation is provided and to avoid the substantial impairment of court proceedings... a rarely exercised authority that was held to be appropriate in this instance. Full Article Ethics & Professional Responsibility Professional Malpractice Constitutional Law Criminal Law & Procedure
our City of San Diego v. Superior Court (Hoover) By feeds.findlaw.com Published On :: 2018-12-19T08:00:00+00:00 (California Court of Appeal) - Held that there was no need to disqualify a city attorney's office from representing the city in a police officer's employment lawsuit. The officer argued that disqualification was necessary because she had been forced to answer questions about her lawsuit during a police internal affairs interview about another matter. Ordered the trial court to vacate its order disqualifying the city attorney's office. Full Article Ethics & Professional Responsibility Labor & Employment Law
our Doe v. Superior Court (Southwestern Community College District) By feeds.findlaw.com Published On :: 2019-06-13T08:00:00+00:00 (California Court of Appeal) - Held that a lawyer should not have been disqualified from representing a student-employee at a community college in a sexual harassment case. He did not violate California State Bar Rules of Professional Conduct concerning communications with represented parties when he contacted another student-employee seeking a witness statement. Granted writ relief. Full Article Ethics & Professional Responsibility Labor & Employment Law
our Yelp, Inc. v. Superior Court of Orange County By feeds.findlaw.com Published On :: 2017-11-13T08:00:00+00:00 (California Court of Appeal) - Affirming the trial court's ruling that Yelp lacked standing to assert the First Amendment rights of an anonymous reviewer whose identity was sought in connection with a defamation claim, finding no error in the determination that the plaintiff made a prima facie showing that the comments made by this person were defamatory, and concluding that this finding was sufficient to support the court order compelling the production of subpeonaed documents, for which reason the petition for writ of mandate was denied, but also finding the opposition to the motion to compel was substantially justified and reversing the order of sanctions against Yelp. Full Article Civil Procedure Sanctions Constitutional Law Media Law
our Courthouse News Service v. Brown By feeds.findlaw.com Published On :: 2018-11-13T08:00:00+00:00 (United States Seventh Circuit) - Held that the district court should have abstained from exercising jurisdiction over a lawsuit contending that the First Amendment required the Clerk of the Circuit Court of Cook County, Illinois, to release newly filed complaints to the press at the moment of receipt by her office -- not after processing. Ordered the case dismissed without prejudice. Full Article Media Law Constitutional Law
our Fourth Estate Public Benefit Corp. v. Wall-Street.com By feeds.findlaw.com Published On :: 2019-03-04T08:00:00+00:00 (United States Supreme Court) - Held that a copyright claimant may not commence an infringement suit until the Copyright Office registers the copyright. The plaintiff, a news organization that sued a news website for infringement, argued that the relevant date should be when the Copyright Office receives a completed application for registration, even if the Register of Copyrights has not yet acted on that application. The U.S. Supreme Court disagreed, in a unanimous opinion delivered by Justice Ginsburg. Full Article Media Law Intellectual Property Copyright
our Sonoma Media Investments, LLC v. Superior Court (Flater) By feeds.findlaw.com Published On :: 2019-04-08T08:00:00+00:00 (California Court of Appeal) - Held that a newspaper's anti-SLAPP motion should have been granted to block a libel suit. The plaintiffs failed to make a prima-facie showing that statements regarding them in a series of articles about campaign contributions were false. Reversed in relevant part. Full Article Media Law Civil Procedure Elections
our 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
our Duke v. The Superior Court of Kern County By feeds.findlaw.com Published On :: 2017-12-14T08:00:00+00:00 (California Court of Appeal) - Granting a petition for writ of mandate and directing the superior court to modify an order sustaining real parties' demurrer to a plaintiff's cause of action and entering a new order overruling a portion of the demurrer because the lower court improperly analyzed the claim of conversion. Full Article Civil Procedure Commercial Law Corporation & Enterprise Law
our Summers v. The Superior Court of San Francisco County By feeds.findlaw.com Published On :: 2018-06-01T08:00:00+00:00 (California Court of Appeal) - Construing the appeal of a trial court order requiring a party whose ownership interests were contested to be a petition for writ of mandate and holding that partition statutes don't allow a court to order the manner of a property's partition before determining the ownership interests of the property at stake, reversing the court's order. Full Article Civil Procedure Property Law & Real Estate Corporation & Enterprise Law
our GameStop, Inc. v. Superior Court By feeds.findlaw.com Published On :: 2018-08-22T08:00:00+00:00 (California Court of Appeal) - Petition for writ of mandate denied in a case where The People of California filed suit to enjoin the plaintiff from noncompliance with the Unfair Competition law. Plaintiff sought the writ of mandate after its motion to remove the action from Riverside County was denied by the trial court. Full Article Corporation & Enterprise Law Commercial Law Consumer Protection Law
our California Public Utilities Comm. v. Superior Court By feeds.findlaw.com Published On :: 2016-08-31T08:00:00+00:00 (California Court of Appeal) - In a petition for writ of mandamus and complaint for injunctive and declaratory relief against the California Public Utilities Commission (CPUC) for failing to comply with the the Public Records Act (PRA), Government Code sections 6250-6276.48, the petition is granted where Public Utilities Code section 1759 bars the superior court from exercising jurisdiction over such a lawsuit. Full Article Public Utilities Government Law
our City of Oroville v. Superior Court By feeds.findlaw.com Published On :: 2019-08-15T08:00:00+00:00 (Supreme Court of California) - Reversed. A dental practice contended that the City of Oroville was liable under an inverse condemnation claim because of damage suffered when raw sewage began overflowing from toilets, sinks, and building drains. The lower court found that the city was liable. The Supreme Court disagreed, stating that the dentist could not prove that the damage was substantially caused by the design, construction or maintenance of the sewer system and that the damage could have been prevented if dentists had installed a legally required backwater valve. Full Article Public Utilities Government Law Property Law & Real Estate
our GoPro, Inc. v. Contour IP Holding, LLC By feeds.findlaw.com Published On :: 2018-07-27T08:00:00+00:00 (United States Federal Circuit) - Vacated and remanded the Patent Board's prior ruling against plaintiff which had filed suit to challenge the defendant’s proposed patent. In vacating and remanding, the Appellate court ruled that plaintiff’s printed catalog was prior art and that the defendant’s proposed patent could have been based on information in that catalog and that the trial court had not properly considered the catalog in making its finding. Full Article Intellectual Property Patent
our Assn. for L.A. Deputy Sheriffs v. Superior Court By feeds.findlaw.com Published On :: 2019-08-26T08:00:00+00:00 (Supreme Court of California) - A prosecutor in a criminal case has a duty to disclose to the defense information that they personally know and information that they can learn about that is favorable to the accused. This obligation to disclose even includes restricted information about law enforcement officers. A law enforcement agency may disclose to the prosecution identifying information about an office and relevant exonerating or impeaching material in a confidential personnel file. Full Article Constitutional Law Criminal Law & Procedure
our Balfour Beatty Infrastructure, Inc. v. Mayor and City Council of Baltimore By feeds.findlaw.com Published On :: 2017-04-25T08:00:00+00:00 (United States Fourth Circuit) - In a construction company's suit against a city for breach of contract, alleging that the city unlawfully assessed liquidated damages against the company for failure to complete a construction project on time, the district court’s dismissal for lack of subject matter jurisdiction is affirmed where plaintiff is not excused from the normal requirement of administrative exhaustion under Maryland law. Full Article Government Contracts Construction Contracts
our http://caselaw.findlaw.com/ca-court-of-appeal/1872588.html By feeds.findlaw.com Published On :: 2017-08-30T08:00:00+00:00 (California Court of Appeal) - Reversing the trial court's denial of a writ petition and declaratory and injunctive relief in the case of a city project because the trial court's dismantling of agreements entered into by an earlier administration and agency unconstitutionally impaired a private developer's contractual rights. Full Article Civil Procedure Government Contracts Contracts
our Save Our Heritage Organization v. City of San Diego By feeds.findlaw.com Published On :: 2018-10-24T08:00:00+00:00 (California Court of Appeal) - Upheld the City of San Diego's decision to approve an environmental impact report addendum for an urban park project. Affirmed the denial of a citizen group's petition for writ of mandamus. Full Article Environmental Law Construction
our Contractors' State Licensing Board v. Superior Court (Black Diamond Electric, Inc.) By feeds.findlaw.com Published On :: 2018-10-29T08:00:00+00:00 (California Court of Appeal) - Held that an electrical contractor could not proceed with its lawsuit challenging a state licensing board's disciplinary decision, because the contractor was required to exhaust its administrative remedies before filing suit. Granted the licensing board's petition for a writ of mandate. Full Article Government Law Construction
our 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
our Paypal Phishing Scam - Attention! Your PayPal Account Could Be Suspended! By feedproxy.google.com Published On :: Fri, 17 Jan 2014 20:23:18 +0200 Phishing scammers need a little help scamming you! Full Article
our 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
our Flipora Spam - iyaloo27@gmail.com is waiting for your reply. Respond? By feedproxy.google.com Published On :: Sat, 18 Jan 2014 14:10:12 +0200 We have a friend from Flipora, which we did not know we had... Oh sorry our mistake, iyaloo27@gmail.com is not our friend, he/she is a spammer and spammers are our enemy. Full Article
our Same Last Name Next of Kin Scam - Larry Smith Expecting your reply By feedproxy.google.com Published On :: Wed, 09 Apr 2014 22:08:56 +0200 Mr Larry Smith's rely to our questions. Full Article
our Banking Phishing Scam - Chase Alert(SM): Notice for your Account By feedproxy.google.com Published On :: Mon, 14 Jul 2014 21:28:50 +0200 A fake Chase e-mail that has PHISHING written all over it. Full Article
our Charity Scam - YOUR DONATION FUND(REPLY) By feedproxy.google.com Published On :: Tue, 09 Sep 2014 22:56:51 +0200 Margaret Loughrey wants to give you some of her winnings... not really... 419 scammers are piggybacking on her story, which is already OLD news. Full Article
our Stock Market Spam - Our Opening Bell Breakout Pick Is Inside (IRMGF) By feedproxy.google.com Published On :: Tue, 09 Sep 2014 23:08:09 +0200 IRMGF (Inspiration Mining Corporation) pump and dump stock spam Full Article
our Banking Phishing Scam - Your StandardBank Cash Rewards Programme By feedproxy.google.com Published On :: Sat, 13 Sep 2014 09:25:42 +0200 Phishing scammers using UCount awards as bait to steal your Standard Bank Internet Banking login details. Full Article
our 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
our Mavrix Photographs, LLC. v LiveJournal, Inc. By feeds.findlaw.com Published On :: 2017-04-07T08:00:00+00:00 (United States Ninth Circuit) - In a copyright dispute arising out of photographs posted online on defendant's social media website, the district court's summary judgment that defendant was entitled protected by the safe harbor of the Digital Millennium Copyright Act is reversed where: 1) the safe harbor set forth in 17 U.S.C. section 512(c) would apply if the photographs were posted at the direction of users; 2) defendant posted the photographs after a team of volunteer moderators, led by an employee of the defendant, reviewed and approved them; 3) the common law of agency applied to the defendant's safe harbor defense; and 4) there were genuine factual disputes regarding whether the moderators were the defendant's agents. Full Article Intellectual Property Copyright Cyberspace Law
our Fourth Estate Public Benefit Corp. v. Wall-Street.com By feeds.findlaw.com Published On :: 2019-03-04T08:00:00+00:00 (United States Supreme Court) - Held that a copyright claimant may not commence an infringement suit until the Copyright Office registers the copyright. The plaintiff, a news organization that sued a news website for infringement, argued that the relevant date should be when the Copyright Office receives a completed application for registration, even if the Register of Copyrights has not yet acted on that application. The U.S. Supreme Court disagreed, in a unanimous opinion delivered by Justice Ginsburg. Full Article Media Law Intellectual Property Copyright
our 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
our U.S. v. U.S. District Court for the District of Oregon By feeds.findlaw.com Published On :: 2018-07-20T08:00:00+00:00 (United States Ninth Circuit) - Denied the federal government's petition for mandamus to stop a lawsuit alleging that the government is ignoring the dangers of climate change. This lawsuit was brought by a number of children and young adults who accuse federal officials of violating their due process rights by failing to take action to address climate change. Having previously denied the government's first mandamus petition, the panel concluded that no new circumstances justify this second mandamus petition and the case is currently set for trial. Full Article Environmental Law Oil and Gas Law
our Crump v. Superior Court By feeds.findlaw.com Published On :: 2019-07-09T08:00:00+00:00 (California Court of Appeal) - Petition for writ of mandate is denied. Remanded to consider restitution. Los Angeles County filed a misdemeanor criminal complaint against SoCalGas for a natural gas leak that continued for months and caused damage to residents. The criminal charges were resolved by a plea agreement, where a no contest plea was entered to the charge of failure to immediately report gas leak. Plaintiffs sought to set aside plea agreement and seek restitution under the California Constitution. The appeals court held that victims do not have a right to appeal a criminal case judgment, but they do have a right to restitution. However, restitution is only available for crimes where there is an actual conviction. Full Article Oil and Gas Law Injury & Tort Law
our Xprnc Media Announces The 'Rise Above - ON TOUR' Marketing Program Empowering Artists To Directly Connect With Fans In-store At Media Retail By feedproxy.google.com Published On :: The 'Rise Above - ON TOUR' Marketing Program Is An Innovative, Unique And Low Cost Opportunity To Place Your Local Performance In Front Of Committed Music Fans And Store Staff Across All Your Markets Full Article
our Stoetzl v. Dept. of Human Resources By feeds.findlaw.com Published On :: 2019-07-01T08:00:00+00:00 (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. Full Article Government Law Labor & Employment Law
our Christensen v. Lightbourne By feeds.findlaw.com Published On :: 2019-07-08T08:00:00+00:00 (Supreme Court of California) - Affirmed. The Appeals court held that the current policy of the California Department of Social Services treating court-ordered child support as income and using the same funds twice as income for both the paying household and the receiving household does not violate the Welfare and Institutions Code section 11005.5. Full Article Government Law Family Law
our City of Oroville v. Superior Court By feeds.findlaw.com Published On :: 2019-08-15T08:00:00+00:00 (Supreme Court of California) - Reversed. A dental practice contended that the City of Oroville was liable under an inverse condemnation claim because of damage suffered when raw sewage began overflowing from toilets, sinks, and building drains. The lower court found that the city was liable. The Supreme Court disagreed, stating that the dentist could not prove that the damage was substantially caused by the design, construction or maintenance of the sewer system and that the damage could have been prevented if dentists had installed a legally required backwater valve. Full Article Public Utilities Government Law Property Law & Real Estate
our New Happy Song "Your Turn Me All Around" By CHICAGOBOY Out Now By feedproxy.google.com Published On :: New Happy Song "Your Turn Me All Around" By CHICAGOBOY Out Now Full Article
our Abbott Laboratories v. The Superior Court of Orange County By feeds.findlaw.com Published On :: 2018-05-31T08:00:00+00:00 (California Court of Appeal) - Granting a petition for writ of mandate in a case where a group of pharmaceutical companies had been sued by the District Attorney under California's Unfair Competition Law for allegations that they had engaged in a scheme to keep generic versions of a prescription drug off the market, but the suit was based on conduct outside of the county where the DA served and allowing them to proceed with the suit without written consent would permit the DA to usurp the Attorney General's statewide authority and impermissibly bind other DAs, precluding them from pursuing their own relief. Full Article Drugs & Biotech Consumer Protection Law Criminal Law & Procedure