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Springboards to Education, Inc. v. Houston Independent School District

(United States Fifth Circuit) - Held that an education services company could not proceed with its Lanham Act lawsuit against a school district for using its marks in the course of operating a summer reading program. Affirmed summary judgment for the school district, finding that the allegedly infringing marks created no likelihood of confusion as a matter of law.




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Express Oil Change, L.L.C. v. Mississippi Board of Licensure for Professional Engineers and Surveyors

(United States Fifth Circuit) - Held that the First Amendment's commercial speech protections entitled a company to operate automotive service centers under the name "Tire Engineers," even though a state board that licenses engineers objected to the use of the profession's occupational title. Reversed and rendered summary judgment in favor of the company, in this declaratory judgment action.




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Franchise Tax Board of California v. Hyatt

(United States Supreme Court) - Held that a private citizen cannot sue one State in the courts of another. Overruled Nevada v. Hall, 440 U.S. 410 (1979), which had held that a State may grant or deny its sister States sovereign immunity as it chooses. The plaintiff here sought to bring a tort suit against a California state agency in Nevada state court. The U.S. Supreme Court concluded that the Constitution barred the suit. Justice Thomas delivered the opinion of the 5-4 Court.




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Little Richard nie żyje. Muzyk, znany z przeboju "Tutti Frutti", miał 87 lat - TVN24

Najnowsze wiadomości - TVN24 Little Richard, znany między innymi z przeboju "Tutti Frutti", zmarł w sobotę w wieku 87 lat - poinformował na swojej stronie internetowej magazyn "Rolling Stone". Piosenkarz, pianista i pastor jest uważany za jednego z pionierów rock and rolla. https://ift.tt/37OsBj9




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Government Orders Alone Didn’t Close the Economy. They Probably Can’t Reopen It. - The New York Times




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Opinion | We Are a New Board at Facebook. Here’s What We’ll Decide. - The New York Times




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Bayesian Data Analysis, 3rd Edition [pdf]

https://news.ycombinator.com/item?id=23091359




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Winners of Tickets to Miss Fisher’s Murder Mysteries Costume Exhibition

You’re in luck if you love Miss Phryne Fisher, TV’s elegant lady detective.




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Blackbird Tech LLC v. ELB Electronics Inc.

(United States Federal Circuit) - Vacated a patent noninfringement judgment based on an erroneous construction of the patent's language. The sole issue on appeal concerned a patent pertaining to energy efficient lighting apparatuses and what precisely was meant by the words attachment surface. Because the district court had adopted an erroneous construction of those words, the Federal Circuit vacated the judgment of noninfringement and remanded for further proceedings.




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Gordon v. US

(United States Federal Circuit) - Held that two female physicians working at Veterans Administration healthcare facilities failed to establish a prima facie case of an Equal Pay Act violation. The government argued that the physicians failed to raise a fact issue that the difference in pay was presently or historically based on sex. On appeal, the Federal Circuit affirmed summary judgment in favor of the government.




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Acorda Therapeutics, Inc. v. Roxane Laboratories, Inc.

(United States Federal Circuit) - Affirmed that a pharmaceutical company's patent claims in a multiple sclerosis drug were invalid for obviousness. Several competitors seeking to market a generic version of the same drug raised the issue of obviousness when the company sued them for infringement. In a 2-1 decision, the Federal Circuit affirmed that the patent claims in question were invalid.




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US v. Burden

(United States DC Circuit) - Vacated and remanded. The district court erred in admitting deposition testimony by a witness who was deported before trial because they failed to make reasonable efforts to procure his presence.




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US v. Lillard

(United States Ninth Circuit) - Reversed. The panel held that, in the context of the restitution statute, “period of incarceration” does not include pretrial detention. The district court’s order to seize funds in the defendant’s inmate trust account is reversed.



  • Criminal Law & Procedure

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Transfer Gossip: Sancho becomes Barca backup plan, Lampard rings Mertens




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German league slams ex-Chelsea forward Kalou for flouting distancing rules




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Ranking every goal that's won the Puskas Award




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Watford chairman opposed to playing at neutral venues




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Solskjaer casts doubt over Rashford's Euro 2020 involvement




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Belgium boss Martinez: Hazard sidelined 'for at least 3 months'




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Gordon v. Drape Creative, Inc.

(United States Ninth Circuit) - Held that greeting-card companies were not entitled to summary judgment against a trademark infringement suit. The companies insisted that they did not violate the Lanham Act by producing greeting cards that contained phrases similar to one trademarked by a comedy writer who had posted a popular YouTube video known for its catchphrase Honey Badger Don't Care. However, the Ninth Circuit found genuine issues of material fact, and thus reversed and remanded for further proceedings on the comedy writer's claims.




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Acorda Therapeutics, Inc. v. Roxane Laboratories, Inc.

(United States Federal Circuit) - Affirmed that a pharmaceutical company's patent claims in a multiple sclerosis drug were invalid for obviousness. Several competitors seeking to market a generic version of the same drug raised the issue of obviousness when the company sued them for infringement. In a 2-1 decision, the Federal Circuit affirmed that the patent claims in question were invalid.




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Gordon v. Drape Creative, Inc.

(United States Ninth Circuit) - In an amended opinion, held that greeting-card companies were not entitled to summary judgment against a trademark infringement suit. The companies insisted they did not violate the Lanham Act by selling greeting cards that contained phrases similar to one trademarked by a comedy writer. However, the Ninth Circuit found genuine issues of material fact, and thus reversed and remanded for further proceedings on the comedy writer's claims.




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Capitol Records, LLC v. ReDigi Inc.

(United States Second Circuit) - Affirmed a finding of copyright infringement, in a lawsuit that involved copyrighted music recordings resold through an internet platform. The suit was brought by several record companies.




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Springboards to Education, Inc. v. Houston Independent School District

(United States Fifth Circuit) - Held that an education services company could not proceed with its Lanham Act lawsuit against a school district for using its marks in the course of operating a summer reading program. Affirmed summary judgment for the school district, finding that the allegedly infringing marks created no likelihood of confusion as a matter of law.




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2019 CFL Awards: Banks takes MOP, Jefferson named top defender




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Cardinals sign ex-CFL quarterback Streveler




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Pair falls just short of record

NICK Bertus and Will ­Affleck fell just three runs short of a century-old record to lead Parramatta to a two-day win over Western Suburbs.




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Neve eager to get back on board in race for the title

DAYYAN Neve will look to repeat the dose when he competes in the fourth event of the Bacardi Surf Tour this Sunday at Dee Why Beach.




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Kifle-Thompson v. State Board of Chiropractic Examiners

(California Court of Appeal) - The denial of a petition for writ of administrative mandate to review the decision of the State Board of Chiropractic Examiners (Board) revoking petitioner's chiropractic license, is affirmed as the Board's findings are supported by substantial evidence and petitioner's other claims of error are meritless.




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In the Matter of Jill A. Dunn v. Committee on Professional Standards

(Court of Appeals of New York) - In this case, in an underlying federal action, the Securities and Exchange Commission moved for sanctions against appellant Dunn. The Magistrate Judge granted the motion in part. Respondent Committee of Professional Standards thereafter filed a petition alleging that Dunn had "engaged in fraudulent conduct prejudicial to the administration of justice adversely reflecting on her fitness as a lawyer" in violation of Rules of Professional Conduct 8.4(c), (d), and (h). The basis of the complaint was essentially the text of the Magistrate's sanctions opinion. Judgment of the Appellate Division finding Dunn guilty of the charged misconduct and finding that collateral estoppel applied to the Magistrate's sanctions order is reversed and the matter is remitted, where: 1) while the issue of whether Dunn had made false statements in her written declaration, it was not the focus of the hearing on the underlying motion for sanctions; and 2) the cursory nature of the sanctions proceedings itself failed to provide a full and fair opportunity to litigate the case.




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In re Peter S. Gordon

(United States Second Circuit) - For Attorney Gordon's misconduct in this Court, this Court's Committee on Admissions and Grievances recommended that Gordon be disciplined. This Court adopts the Committee's findings of fact and recommendations, with certain exceptions, publicly reprimands Gordon, and suspends him from practice before this Court for two months, where the Committee found clear and convincing evidence that Gordon engaged in misconduct warranting the imposition of discipline, including but not limited to delayed filings, a lack of candor at the Committee's hearing, and causing unnecessary expense to the public.




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Shenouda v. Veterinary Medical Board

(California Court of Appeal) - Upheld a Veterinary Medical Board decision to take disciplinary action against a veterinarian for improperly treating four animal patients. Affirmed the denial of the veterinarian's petition for a writ of administrative mandate.




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Moustafa v. Board of Registered Nursing

(California Court of Appeal) - Held that the California Board of Registered Nursing could restrict a registered nurse's license (by making it probationary) based on her past misdemeanor petty theft convictions that were later dismissed. Reversed the issuance of a writ of administrative mandate.




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ASDI, Inc. v. Beard Research, Inc.

(Supreme Court of Delaware) - In an action for misappropriation of trade secrets, judgment for plaintiff is affirmed where a lawful termination of a contract is not fatal to a claim of tortious interference with contractual relations, because the focus of the claim is on the defendant's wrongful conduct that induces the termination of the contract, irrespective of whether the termination is lawful.




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Watkins v. US Bureau of Customs and Border

(United States Ninth Circuit) - In a Freedom of Information Act, 5 U.S.C. section 552, dispute arising from requests for Notices of Seizure of Infringing Merchandise pursuant to 19 C.F.R. section 133.21(c), judgment of the district court is affirmed in part and vacated in part where court properly held that plaintiff's requests fall within Exemption 4 but erred in finding that 19 C.F.R. section 103 fees had been invalidated.




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ATO green light for Gosford waterfront

THE controversial ATO building proposed for the Gosford waterfront has received the green light, but not without major criticism of the city’s former council for failing to deliver a performing arts precinct.




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Severson & Werson v. Sephery-Fard

(California Court of Appeal) - Reversed. Plaintiff filed a petition for a workplace violence restraining order against Defendant using the mandatory Judicial Council form. The trial court granted the workplace violence restraining order. Appeals court reversed concluding that Defendant was not afforded the required notice under Code of Civil Procedure 527.8 and reversed the ruling.




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Tauscher v. Phoenix Board of Realtors, Inc.

(United States Ninth Circuit) - Reversed summary judgment in favor of the Defendant. Plaintiff brought suit against Defendant under the Americans with Disabilities Act. Plaintiff, who is deaf, requested an American Sign Language interpreter at Defendants' continuing educations courses. Held that while a public accommodation must furnish appropriate assistance to individuals with disabilities, specific aid is not required, but there was an issue of material fact as to whether effective communication was offered to Plaintiff even if different than that requested.




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In Re: App of George W. Schlich v. Board Institute

(United States First Circuit) - Affirmed. Plaintiff appealed from a decision to deny his petition for discovery under 28 USC section 1782, which allows a party t petition for discovery for use in a foreign proceeding. Plaintiff sought certain materials to be used in opposition proceedings before the European Patent Office. The district court held that under Intel Corp v. Advanced Micro Devices, 542 US 241 that the material sought was irrelevant and would not be used by the EPO. The appellate court affirmed.




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In re Picard

(United States Second Circuit) - Held that a bankruptcy trustee may attempt to obtain property that Bernard Madoff's investment firm transferred to foreign entities that subsequently transferred it to other foreign entities. The transferees contended that the Bankruptcy Code's provisions did not extend extraterritorially in this manner. Disagreeing, the Second Circuit held that neither the presumption against extraterritoriality nor international comity principles barred the trustee from recovering in these consolidated actions. The panel vacated the bankruptcy court judgments and remanded.




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Howard v. Goldbloom

(California Court of Appeal) - Held that a former company president did not have to arbitrate his claims that the CEO and others wrongfully diluted his interest in the high-tech company's stock. His employment contract's arbitration clause did not cover this situation. Affirmed the denial of a motion to compel arbitration.




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Fidelity and Deposit Co. v. Edward E. Gillen Co.

(United States Seventh Circuit) - Held that a construction company's surety (an insurance company) may not augment its contractual indemnification rights with the ancient doctrine of quia timet -- equitable protection from probable future harm. The construction company allegedly had gone belly up on a government project. Affirmed summary judgment against the surety's claim.




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SEC v. Stanford International Bank Ltd.

(United States Fifth Circuit) - Addressed insurance coverage issues in a securities fraud case. Held that the district court abused its discretion in approving a settlement agreement and so-called bar orders. Vacated and remanded for further proceedings, in this case involving a financial firm's massive Ponzi scheme.




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National Labor Relations Board v. Ingredion Inc.

(United States DC Circuit) - Petition denied. The petition for review of a National Labor Relations Board decision was supported by substantial evidence and contentions that the Board violated due process and improperly imposed a notice-reading remedy were without merit.




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L'Chaim House, Inc. v. Div. of Labor Standards Enforcement

(California Court of Appeal) - Affirmed. Plaintiff was cited for wage and hour violations. Plaintiff contended that it could require its employees to work “on-duty” meal periods less than 30 minutes. The appeals court found that an employer must provide meal periods of at least 30 minutes regardless of whether they are on-duty or off-duty.




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Clifford v. Quest Software Inc.

(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.



  • Dispute Resolution & Arbitration
  • Labor & Employment Law
  • Consumer Protection Law

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Rozumalski v. W.F. Baird & Associates, Ltd

(United States Seventh Circuit) - Affirmed. The district court dismissal of a workplace harassment suit was affirmed because after harassment was reported the company swiftly investigated and fired the harasser. No evidence was presented to support allegations of harassment in the victim's subsequent dismissal.




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Chaidez v. Ford Motor Company

(United States Seventh Circuit) - Vacated and remanded. The district court dismissal of a suit for failure to exhaust remedies was vacated because the claims of discrimination had been exhausted before the Equal Employment Opportunity Commission.




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SSL Landlord LLC v. County of San Mateo

(California Court of Appeal) - Held that a plaintiff in a tax refund lawsuit was not entitled to an award of attorney fees. Affirmed the ruling below.




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SSL Landlord LLC v. County of San Mateo

(California Court of Appeal) - Held that a plaintiff in a tax refund lawsuit was not entitled to an award of attorney fees. Affirmed the ruling below.