ex Malibu Textiles, Inc. v. Label Lane International, Inc. By feeds.findlaw.com Published On :: 2019-04-24T08:00:00+00:00 (United States Ninth Circuit) - Revived a textile company's copyright infringement claims accusing certain competitors of illegally copying its floral lace designs. Reversed dismissals. Full Article Intellectual Property Copyright
ex 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
ex Eskimos hire Milanovich as next HC By www.thescore.com Published On :: Thu, 12 Dec 2019 20:26:44 +0000 Full Article
ex Report: Ex-Stamps DB Roberson to sign with Bears By www.thescore.com Published On :: Wed, 29 Jan 2020 04:16:11 +0000 Full Article
ex Cardinals sign ex-CFL quarterback Streveler By www.thescore.com Published On :: Tue, 04 Feb 2020 21:31:12 +0000 Full Article
ex Jefferson agrees to 2-year extension with Blue Bombers By www.thescore.com Published On :: Mon, 10 Feb 2020 21:57:31 +0000 Full Article
ex Kifle-Thompson v. State Board of Chiropractic Examiners By feeds.findlaw.com Published On :: 2012-08-14T08:00:00+00:00 (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. Full Article Administrative Law Ethics & Disciplinary Code Ethics & Professional Responsibility Health Law Professional Malpractice
ex 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
ex Texas Advanced Optoelectronic Solutions v. Renesas Electronics America By feeds.findlaw.com Published On :: 2018-05-01T08:00:00+00:00 (United States Federal Circuit) - In a patent infringement action, arising after two manufacturers of ambient light sensors shared technical and financial information during negotiations for a possible merger, the jury verdict for plaintiff is affirmed in part, reversed in part, and vacated in part where: 1) defendant’s liability for trade secret misappropriation regarding a photodiode array structure is affirmed; 2) four patent infringement claims are reversed and four are affirmed; and 3) monetary damage awards are vacated and remanded for further consideration. Full Article Trade Secrets Intellectual Property Remedies Patent
ex Experian Information Solutions v. Nationwide Marketing Ser. By feeds.findlaw.com Published On :: 2018-06-27T08:00:00+00:00 (United States Ninth Circuit) - Affirmed in part and reversed in part the summary judgment in favor of defendant in a copyright case. Plaintiff compiled a listing of individual consumer names with their addresses and sought copyright protection. The District Court found in favor of the defendant and against the copyright claims. The 9th Circuit held that the compilation of names and addresses is copyrightable, but plaintiff had failed to establish that its copyright had been infringed. Affirmed as to the infringement claim for the defendant, but reversed as to the state law trade secret claim. Full Article Trade Secrets Intellectual Property Copyright
ex Texas Advanced Optoelectronic Solutions, Inc. v. Renesas Electronics America, Inc. By feeds.findlaw.com Published On :: 2018-07-09T08:00:00+00:00 (United States Federal Circuit) - In a patent infringement action, arising after two manufacturers of ambient light sensors shared technical and financial information during negotiations for a possible merger, the appeals court affirmed in part, reversed in part, and vacated in part a jury verdict for plaintiff as follows: 1) defendant's liability for trade secret misappropriation regarding a photodiode array structure was affirmed; 2) several patent infringement claims were reversed and several were affirmed; and 3) monetary damage awards were vacated and remanded for further consideration. Full Article Trade Secrets Patent
ex 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
ex 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
ex Garry Young is a gun destined to excel By www.dailytelegraph.com.au Published On :: Sun, 10 Jul 2016 23:53:00 GMT Versatile athlete Garry Young may only be 10, but his love of sport has been a lifelong commitment. Full Article
ex Maritime expert warns over ‘death trap’ boat By www.dailytelegraph.com.au Published On :: Thu, 14 Jul 2016 02:54:00 GMT A MARINE Rescue vessel which sank on its maiden voyage on the Central Coast was a potential death trap for its crew and community members, an expert says. Full Article
ex Longoria v. Hunter Express Ltd. By feeds.findlaw.com Published On :: 2019-08-01T08:00:00+00:00 (United States Fifth Circuit) - Vacated and remanded. A $2.8 million verdict in a car accident and injury case was vacated because there was no evidence to support an award for future mental anguish or future pain and suffering. Full Article Civil Procedure Injury & Tort Law
ex Sexual Minorities Uganda v. Lively By feeds.findlaw.com Published On :: 2018-08-10T08:00:00+00:00 (United States First Circuit) - Held that a defendant who won a summary judgment motion could not appeal to challenge unflattering statements found in the trial judge's opinion. In this tort lawsuit brought by a Ugandan gay-rights organization, the defendant religious leader successfully obtained summary judgment by arguing lack of extraterritorial jurisdiction but then appealed. The First Circuit concluded that a winner cannot appeal a judgment merely because there are passages in the court's opinion that displease him or her. Full Article Civil Procedure Civil Rights International Law
ex Packsys, S.A. de C.V. v. Exportadora De Sal, S.A. de C.V. By feeds.findlaw.com Published On :: 2018-08-15T08:00:00+00:00 (United States Ninth Circuit) - Affirmed dismissal of a breach-of-contract suit against a Mexican-government-owned salt production company (ESSA) on sovereign immunity grounds. The plaintiff corporation alleged that ESSA breached a long-term, multimillion-dollar contract to sell the briny residue of its salt production process. Agreeing with the district court, the Ninth Circuit held that ESSA was immune from suit in the United States because it is a foreign state for purposes of the Foreign Sovereign Immunities Act, and neither the commercial-activity exception nor other exceptions applied here. Full Article Contracts International Law International Trade
ex DeJoria v. Maghreb Petroleum Exploration, S.A. By feeds.findlaw.com Published On :: 2019-08-15T08:00:00+00:00 (United States Fifth Circuit) - Affirmed. The district court was within its discretion to deny recognition to a Moroccan judgment against a haircare and liqour tycoon in a lawsuit relating to a failed energy provision agreement. Full Article International Law Judgement Enforcement Civil Procedure
ex Apex LLC v. Korusfood.com By feeds.findlaw.com Published On :: 2014-01-08T08:00:00+00:00 (California Court of Appeal) - The trial court's order granting plaintiff's motion for attorney fees incurred in a prior appeal is affirmed, where: 1) the order granting plaintiff's motion for attorney fees is directly appealable under the collateral order doctrine; and 2) the trial court did not err by awarding attorney fees against defendant because substantial evidence supported a finding that defendant stepped into the shoes of its predecessors the parties to the credit applications that included the attorney fees provision on which the award of attorney fees was based. Full Article Attorney's Fees Commercial Law Contracts Corp. Governance Corporation & Enterprise Law
ex US Sec. & Exchange Comm'n v. Jensen By feeds.findlaw.com Published On :: 2016-08-31T08:00:00+00:00 (United States Ninth Circuit) - In an enforcement action filed by the Securities and Exchange Commission (SEC) alleging that the defendants participated in a scheme to defraud investors by reporting millions of dollars in revenue that were never realized, the District Court's judgment in favor of defendant-corporate officers is vacated where: 1) Rule 13a-14 of the Securities Exchange Act provided the SEC with a cause of action not only against Chief Executive Officers and Chief Financial Officers who did not file the required certifications, but also against CEOs and CFOs who certified false or misleading statements; and 2) the disgorgement remedy authorized under Section 304 of the Sarbanes-Oxley Act applied regardless of whether a restatement was caused by the personal misconduct of an issuer's CEO and CFO or by other issuer misconduct. Full Article Securities Law Corp. Governance
ex THE PEOPLE OF THE STATE OF NEW YORK v. ALEX PEREZ By feeds.findlaw.com Published On :: -May 7, 2020-T08:00:00+00:00 (NY Supreme Court) - 111110 Full Article
ex The People, etc., ex rel. Matthew Hunter, on behalf of Gabriel Colon, petitioner, v. Cynthia Brann, etc., respondent. By feeds.findlaw.com Published On :: -May 8, 2020-T08:00:00+00:00 (NY Supreme Court) - 2020–03456 Full Article
ex Centex Homes v. R-Help Construction Co., Inc. By feeds.findlaw.com Published On :: 2019-03-11T08:00:00+00:00 (California Court of Appeal) - Held that a subcontractor hired to install utility boxes in a residential subdivision had a contractual duty to defend the developer from a personal injury claim alleging that the plaintiff fell into a defectively constructed utility box. Reversed and remanded. Full Article Injury & Tort Law Insurance Law Construction
ex Komorsky v. Farmers Insurance Exchange By feeds.findlaw.com Published On :: 2019-03-29T08:00:00+00:00 (California Court of Appeal) - In an insurance coverage dispute, addressed whether the daughter of an insured car crash victim was entitled to benefits under an uninsured motorist policy. Affirmed a judgment on the pleadings. Full Article Insurance Law
ex Essex Insurance Company v. Blue Moon Lofts Condominium Association By feeds.findlaw.com Published On :: 2019-06-27T08:00:00+00:00 (United States Seventh Circuit) - Affirmed. The subject of a legal judgment sought to pursue the doctrine of estoppel to compel their insurer to pay out on the judgment against them from a decade before the policy's active date. They suffered no prejudice from the insurer's action and their case was dismissed. Full Article Insurance Law Contracts
ex State of Texas v. EEOC By feeds.findlaw.com Published On :: 2019-08-06T08:00:00+00:00 (United States Fifth Circuit) - Affirmed. A lawsuit in which Texas complained that EEOC regulations relating to the use of criminal records in hiring was an unlawfully promulgated substantive rule properly dismissed the suit but enjoined EEOC enforcement until the agency complies with notice and comment rulemaking requirements under the Administrative Procedure Act. Full Article Labor & Employment Law Administrative Law Government Law Constitutional Law
ex Exelon Corp. v. Commissioner of Internal Revenue By feeds.findlaw.com Published On :: 2018-10-03T08:00:00+00:00 (United States Seventh Circuit) - Affirmed the U.S. Tax Court's ruling that an energy company was liable for a deficiency of more than $400 million for certain previous tax years, and also for $87 million in accuracy-related penalties. Full Article Tax Law
ex Next Century Associates, LLC v. County of Los Angeles By feeds.findlaw.com Published On :: 2018-11-30T08:00:00+00:00 (California Court of Appeal) - Held that a county appeals board erred in denying a hotel's request for a property tax refund. The hotel contended that the property valuation was incorrect. Reversed and remanded to the board for a new hearing. Full Article Tax Law Property Law & Real Estate
ex 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
ex Board of Forensic Document Examiners, Inc. v. American Bar Association By feeds.findlaw.com Published On :: 2019-05-01T08:00:00+00:00 (United States Seventh Circuit) - Held that an organization may not proceed with its defamation action alleging reputational harm from an article published in an American Bar Association law journal. The author's statements were non-actionable expressions of opinion. Affirmed a dismissal. Full Article Media Law Injury & Tort Law
ex US ex rel. Bunk v. Government Logistics N.V. By feeds.findlaw.com Published On :: 2016-11-15T08:00:00+00:00 (United States Fourth Circuit) - In a complex matter which began more than fifteen years ago as a bid-rigging scheme conjured up by shipping businesses to defraud the United States, the District Court's grant of summary judgment in favor of defendant is vacated where the court erred by: 1) deciding that the successor corporation liability claims against defendant should be dismissed because they had been inadequately pleaded; and 2) ruling that there was insufficient evidence to justify a trial. Full Article Corporation & Enterprise Law Injury & Tort Law
ex Ohio v American Express Co. By feeds.findlaw.com Published On :: 2018-06-25T08:00:00+00:00 (United States Supreme Court) - The US Supreme Court held that American Express (Amex) anti-steering provisions, in its agreement with merchants to prohibit merchants who take Amex cards from discouraging customers from using their cards in order for the merchant to avoid paying Amex a fee, do not violate the Sherman Antitrust Act. Full Article Antitrust & Trade Regulation Corporation & Enterprise Law
ex Apex Frozen Foods Private LTD. v. US By feeds.findlaw.com Published On :: 2017-07-12T08:00:00+00:00 (United States Federal Circuit) - Affirming the Court of International Trade's affirmation of the US Department of Commerce's findings following a review of the antidumping duty order on certain frozen warmwater shrimp from India. Full Article Antitrust & Trade Regulation International Trade International Law
ex Crystallex International Corp. v. Petroleos de Venezuela, S.A. By feeds.findlaw.com Published On :: 2018-01-03T08:00:00+00:00 (United States Third Circuit) - Concluding that a transfer by a non-debtor cannot be a 'fraudulent transfer' under the Delaware Uniform Fraudulent Transfer Act in a complicated case involving Venezuela's nationalization of a gold mine owned by a Canadian company, the debt judgment subsequently issued by the World Bank, and the ensuing financial shuffle among companies related to the original transaction. Full Article Debt Collection International Trade International Law
ex 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
ex Packsys, S.A. de C.V. v. Exportadora De Sal, S.A. de C.V. By feeds.findlaw.com Published On :: 2018-08-15T08:00:00+00:00 (United States Ninth Circuit) - Affirmed dismissal of a breach-of-contract suit against a Mexican-government-owned salt production company (ESSA) on sovereign immunity grounds. The plaintiff corporation alleged that ESSA breached a long-term, multimillion-dollar contract to sell the briny residue of its salt production process. Agreeing with the district court, the Ninth Circuit held that ESSA was immune from suit in the United States because it is a foreign state for purposes of the Foreign Sovereign Immunities Act, and neither the commercial-activity exception nor other exceptions applied here. Full Article Contracts International Law International Trade
ex Moldex-Metric, Inc. v. McKeon Products, Inc. By feeds.findlaw.com Published On :: 2018-06-05T08:00:00+00:00 (United States Ninth Circuit) - Reversing the district court's summary judgment in favor of the defendant in a suit for trademark infringement relating to foam earplugs in a specific bright green color used by the plaintiffs in their earplugs because the district court's conclusion that the green color mark was functional and therefore not protectable as trade dress was in error. The existence or nonexistence of alternative designs is probative of functionality or nonfunctionality and a genuine issue of fact regarding whether the color was functional remained. Full Article Trademark Intellectual Property Trade Dress
ex Texas Advanced Optoelectronic Solutions, Inc. v. Renesas Electronics America, Inc. By feeds.findlaw.com Published On :: 2018-07-09T08:00:00+00:00 (United States Federal Circuit) - In a patent infringement action, arising after two manufacturers of ambient light sensors shared technical and financial information during negotiations for a possible merger, the appeals court affirmed in part, reversed in part, and vacated in part a jury verdict for plaintiff as follows: 1) defendant's liability for trade secret misappropriation regarding a photodiode array structure was affirmed; 2) several patent infringement claims were reversed and several were affirmed; and 3) monetary damage awards were vacated and remanded for further consideration. Full Article Trade Secrets Patent
ex Orexo AB v. Actavis Elizabeth LLC By feeds.findlaw.com Published On :: 2018-09-10T08:00:00+00:00 (United States Federal Circuit) - Reversed a judgment that a patent for a pharmaceutical product was invalid on the ground of obviousness. The Federal Circuit concluded that obviousness was not proved by clear and convincing evidence. Full Article Intellectual Property Patent
ex State of Texas v. EEOC By feeds.findlaw.com Published On :: 2019-08-06T08:00:00+00:00 (United States Fifth Circuit) - Affirmed. A lawsuit in which Texas complained that EEOC regulations relating to the use of criminal records in hiring was an unlawfully promulgated substantive rule properly dismissed the suit but enjoined EEOC enforcement until the agency complies with notice and comment rulemaking requirements under the Administrative Procedure Act. Full Article Labor & Employment Law Administrative Law Government Law Constitutional Law
ex 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
ex US ex rel. Palmer v. C&D Technologies Inc. By feeds.findlaw.com Published On :: 2018-07-17T08:00:00+00:00 (United States Third Circuit) - Affirmed, in large part, an attorney fee award in a False Claims Act action that had been resolved by settlement. After the defendant agreed to settle the case, the plaintiff (qui tam relator) was entitled to recover his reasonable attorney fees as a prevailing party. He appealed arguing that the district court's fee award was too low. The Third Circuit rejected his arguments and affirmed the award except in one narrow respect: on remand the trial court must decide how much to award him in fees for the time spent litigating his fee petition. Full Article Attorney's Fees Government Contracts
ex US ex rel. Wood v. Allergan, Inc. By feeds.findlaw.com Published On :: 2018-08-09T08:00:00+00:00 (United States Second Circuit) - Held that a False Claims Act lawsuit had to be dismissed because it was not the first-filed case accusing the defendant pharmaceutical company of certain improper Medicare and Medicaid billing practices. The plaintiff (relator) argued that his action should be allowed to proceed because the earlier action was no longer pending. Disagreeing, the Second Circuit held that a violation of the first‐to‐file bar, which prohibits a person from bringing a related qui tam action when one is already pending, cannot be remedied by amending or supplementing the complaint. The panel reversed and remanded. Full Article Drugs & Biotech Government Contracts
ex US ex rel. Silver v. PharMerica Corp. By feeds.findlaw.com Published On :: 2018-09-04T08:00:00+00:00 (United States Third Circuit) - Reinstated a False Claims Act lawsuit alleging fraud in connection with the sale of pharmaceutical drugs to nursing homes. The defendant company, which owns and operates institutional pharmacies, argued for dismissal of the qui tam action on the ground that the allegation was already known to the public, and the district court agreed. Reversing and remanding, the Third Circuit held that the relator's allegation had not previously been publicly disclosed. Full Article Health Law Government Contracts
ex US ex rel. Vaughn v. United Biologics LLC By feeds.findlaw.com Published On :: 2018-10-17T08:00:00+00:00 (United States Fifth Circuit) - Affirmed the voluntary dismissal of a qui tam action that a group of physicians brought against a company operating allergy treatment clinics. Over the company's objection, the physicians sought to voluntarily dismiss their lawsuit with prejudice as to themselves only, so that their decision to quit would not hamstring the government's efforts against the company elsewhere. The district court granted the dismissal motion, and the Fifth Circuit affirmed. Full Article Health Law Government Contracts
ex U.S. ex rel. Lemon v. Nurses To Go, Inc. By feeds.findlaw.com Published On :: 2019-05-07T08:00:00+00:00 (United States Fifth Circuit) - Revived a lawsuit brought by several employees of a hospice care provider alleging that their employer had billed Medicare improperly. Reversed the dismissal of their claims under the False Claims Act. Full Article Health Law Government Benefits Government Contracts
ex Cochise Consultancy, Inc. v. US ex rel. Hunt By feeds.findlaw.com Published On :: 2019-05-13T08:00:00+00:00 (United States Supreme Court) - Clarified the statute of limitations in qui tam lawsuits. Justice Thomas delivered the Court's unanimous opinion in this case involving the False Claims Act. Full Article Civil Procedure Government Contracts
ex Centex Homes v. R-Help Construction Co., Inc. By feeds.findlaw.com Published On :: 2019-03-11T08:00:00+00:00 (California Court of Appeal) - Held that a subcontractor hired to install utility boxes in a residential subdivision had a contractual duty to defend the developer from a personal injury claim alleging that the plaintiff fell into a defectively constructed utility box. Reversed and remanded. Full Article Injury & Tort Law Insurance Law Construction
ex Planned Parenthood of Greater Texas v. Smith By feeds.findlaw.com Published On :: 2019-01-17T08:00:00+00:00 (United States Fifth Circuit) - Held that the State of Texas should not have been enjoined from terminating Medicaid funding to Planned Parenthood facilities. Concluded that the district court applied an incorrect standard of review, in this case involving the facilities' alleged noncompliance with accepted medical and ethical standards. Vacated a preliminary injunction and remanded. Full Article Health Law Government Benefits