(California Court of Appeal) - In a defamation suit brought by an attorney for Paul Ceglia throughout Ceglia's lawsuit against Facebook, Inc. and its founder, Mark Zuckerberg, the trial court's grant of defendants' motion to strike plaintiff's complaint under the anti-Strategic Lawsuit Against Public Participation (SLAPP) statute, Code Civ. Proc. section 425.16, is affirmed where: 1) although the statement underlying plaintiff's defamation claim was not subject to the litigation privilege of Civil Code section 47(b), it was subject to the fair and true reporting privilege of Civil Code section 47(d); and, thus 2) plaintiff has no probability of prevailing on his claim.

(United States Fourth Circuit) - In a class action complaint against the developer of a mobile video game entitled 'Game of War: Fire Age', pursuant to Federal Rule of Civil Procedure 23(b)(3), asserting a claim under Maryland's gambling loss recovery statute (Loss Recovery Statute), Md. Code Ann., Crim. Law section 12-110, alleging plaintiffs lost money participating in an unlawful 'gaming device,' a component of Game of War that allows players to 'spin' a virtual wheel to win virtual prizes for use within that video game, and seeking recovery of gambling losses that players incurred as a result of 'spinning' the virtual wheel, the district court's dismissal of the complaint is affirmed where the district court correctly concluded that plaintiff did not 'lose money' within the meaning of the Loss Recovery Statute as a result of her participation in the Game of War casino, and thus she failed to state a claim under Maryland's Loss Recovery Statute.

(United States Third Circuit) - Affirmed a brother's and sister's convictions and life sentences for conspiracy to commit interstate stalking and cyberstalking resulting in death. The two siblings were indicted after their father shot and killed the brother's ex-wife and himself. On appeal, the siblings both disputed the constitutionality of the statutes under which they were convicted and also brought numerous other challenges to their convictions and sentences. However, the Third Circuit affirmed the district court's decision in all respects, in a case that the appellate panel said involved numerous issues of first impression.

(United States Ninth Circuit) - Revived a lawsuit alleging that Domino's Pizza's website and mobile application were not fully accessible to blind or visually impaired persons. The plaintiff, a blind man, alleged that he had no way to order pizzas or other food online. Reversed the dismissal of his claims under the Americans with Disabilities Act and California law.

(United States Seventh Circuit) - Held that homeowners could not proceed with a lawsuit against the real estate website Zillow, which allegedly estimated their homes to have inaccurately low values, thus making it difficult for them to obtain favorable sales prices. Affirmed a dismissal of their unfair trade practice and other claims.

(United States Ninth Circuit) - In a copyright infringement lawsuit against the real estate website Zillow, reversed a judgment after a jury trial, in part. A photography studio claimed that Zillow violated its copyrights in photographs of homes.

UK Singer/songwriter Ben Hobbs Teams Up With Grammy Nominees Catherine Duc And Gene Grimaldi On His Latest Remix

(United States Ninth Circuit) - Reversed a ruling that the amount in controversy in an employee class action was too low for federal jurisdiction under the Class Action Fairness Act (CAFA). An employer that had been sued for allegedly violating wage-hour laws, and that removed the case to federal court under CAFA, argued that the district court erred in remanding the case to state court. On appeal, the Ninth Circuit agreed with the employer that, in assessing the amount in controversy, the district court should have included future attorney fees recoverable by statute or contract. The panel therefore reversed and remanded.

(United States Second Circuit) - Revived a proposed class action alleging that a company violated the Telephone Consumer Protection Act by sending doctors unsolicited fax advertisements. The company attempted to moot the case by paying the named plaintiff's claim in full. Vacated a dismissal and remanded for further proceedings.

(California Court of Appeal) - Held that the trial court erred in denying class certification to truck drivers bringing wage and hour claims against their employer. Reversed and remanded for further proceedings, explaining that errors were made in analyzing whether predominantly common issues existed.

(United States Second Circuit) - Questions on appeal concern cross-jurisdictional tolling of a class action. Because the appeal presents state law questions that New York’s courts have yet to address, the court certifies the case to the New York Court of Appeals.

(United States Fifth Circuit) - Affirmed. The magistrate judge and district court properly denied the claims of a group of fishermen to a portion of the punitive damages settlement granted to a class of claimants alleging harm as a result of the Deepwater Horizon oil spill because the court was bound to precedent, the plain language of the settlement, and a deferential standard of review.

(United States Seventh Circuit) - Reversed. The court reversed the dismissal of a class action consumer fraud and deceptive business case involving cat food labeled prescription cat food that was not materially different from regular cat food. The fraud claim was sufficiently pled and the Food, Drug and Cosmetic Act's safe harbor didn't apply.

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(Supreme Court of California) - Held that baseball stadium security guards did not need to submit their wage claims to arbitration. The issue involved whether the claims turned on the meaning of their collective-bargaining agreement. Answering no, the California Supreme Court held that the security guards could proceed in state court.

(Supreme Court of California) - On an automatic appeal, affirmed a man's capital murder conviction for killing a woman and her daughter.

(Supreme Court of California) - Addressed the effect of Proposition 47 on a conviction for street terrorism. Held that once the defendant's conviction for grand theft (stealing a bicycle) was reduced to a misdemeanor under the new law, his conviction for the gang crime of street terrorism must be dismissed, because there was no longer a felony predicate for it.

(Supreme Court of California) - Reversed as to attempted murder conviction. Defendant was tried and convicted of first degree murder and two attempted murders. The trial court instructed the jury on the attempted murder using the kill zone theory, which allows for the conviction of attempted murder of an individual who was not the primary target. California Supreme Court held that the jury was not properly instructed and reversed the attempted murder conviction.

(Supreme Court of California) - Automatic appeal of death penalty conviction and sentence. Affirmed conviction and sentence.

(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.

(Supreme Court of California) - Remanded. The Plaintiff purchased an insurance policy from Defendant that covered pollution conditions. The policy required notice of any pollution condition and written consent before incurring obligations. Defendant denied coverage for pollution conditions that were found at a dormitory construction site because the policy notice and consent provisions were violated. The Court held that the notice-prejudice rule, which allows insureds to proceed against their insurer even if notice is late as long as it does not substantially prejudice the insurer, is a fundamental public policy of California and applies to consent provisions in first-party liability coverage and not third-party coverage. Remanded to the Ninth Circuit to determine type of policy involved.

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(California Court of Appeal) - Revived a film producer's claim that he had an enforceable oral contract entitling him to an executive-producer credit for a film that was a sequel to a film he had developed. Held that the trial court erred in analyzing a statute-of-frauds issue. Reversed a dismissal in relevant part.

(California Court of Appeal) - Held that an employer was entitled to enforce an employment contract's forum selection clause that required any lawsuits to be brought in Indiana. Granted writ relief to prevent an employee from proceeding with a wrongful-termination lawsuit in a California court.

(California Court of Appeal) - Held that a restaurant offering gourmet hot dogs was entitled to prevail in its tort lawsuit against a shopping center for intentionally concealing a crucial fact, which was that another hot dog restaurant would be one of the other lessees. Affirmed in part and reversed in part after a trial.

(Supreme Court of California) - Remanded. The Plaintiff purchased an insurance policy from Defendant that covered pollution conditions. The policy required notice of any pollution condition and written consent before incurring obligations. Defendant denied coverage for pollution conditions that were found at a dormitory construction site because the policy notice and consent provisions were violated. The Court held that the notice-prejudice rule, which allows insureds to proceed against their insurer even if notice is late as long as it does not substantially prejudice the insurer, is a fundamental public policy of California and applies to consent provisions in first-party liability coverage and not third-party coverage. Remanded to the Ninth Circuit to determine type of policy involved.

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(United States Second Circuit) - Revived a proposed class action alleging that a company violated the Telephone Consumer Protection Act by sending doctors unsolicited fax advertisements. The company attempted to moot the case by paying the named plaintiff's claim in full. Vacated a dismissal and remanded for further proceedings.

(United States Ninth Circuit) - Held that Fannie Mae is not a consumer reporting agency and thus could not be sued over a false credit report. Consumers alleged that the government-sponsored mortgage market entity had provided false information about their credit history via a software tool it provides for mortgage lenders to use. In a 2-1 decision, the Ninth Circuit concluded that Fannie Mae was entitled to summary judgment because it did not fall within the definition of a consumer reporting agency under the Fair Credit Reporting Act.

(California Court of Appeal) - Revived an automobile lessee's lawsuit against a car dealership. Held that the dealership did not make a timely and appropriate offer to correct the alleged issue, for purposes of California's Consumer Legal Remedies Act. Reversed a summary judgment ruling.

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

(United States Seventh Circuit) - Reversed. The court reversed the dismissal of a class action consumer fraud and deceptive business case involving cat food labeled prescription cat food that was not materially different from regular cat food. The fraud claim was sufficiently pled and the Food, Drug and Cosmetic Act's safe harbor didn't apply.

CLOUZINE Contemporary Music Magazin #17 Published Today

Dave Whitehead, Master Of Audio For Sound Design

Tonight we will feature music from two great musicians born on this day, Blossom Dearie and Steve Khan! We also have new music by Joey Alexander and Kandace Springs, as well a CapRadio Jazz Classic from Duke Pearson.

Sir Duke! Duke Ellington was born on this day in 1899, and we are going to celebrate accordingly. Numerous Ellington performances and compositions will be heard throughout the evening. We also have a CapRadio Jazz Classic from Freddie Hubbard.

Happy International Jazz Day! Tonight's show will feature music from Stan Getz, John Coltrane, Wayne Shorter, as well as a CapRadio Classic from bassist Gary Peacock!

Tonight's program will feature music from Keith Jarrett, Dizzy Gillespie, John Coltrane and Kenny Garrett, as well as a CapRadio Jazz Classic from Charles Lloyd!

Remembering Richie Cole.

Tonight we celebrate Ron Carter, who was born on this day in 1937! We've also got new music from Wayne Escoffrey and Sinne Eeg, as well as a CapRadio Jazz Classic by Woody Shaw.

Tonight's show features music from Chet Baker, Wes Montgomery and Wayne Shorter. We also celebrate the birthday of Stanley Cowell - who was born on this day in 1941 - with a CapRadio Jazz Classic.

Tonight we feature music by Catherine Russell and Many Katche, as well as a CapRadio Jazz Classic from Wayne Shorter!