(United States Ninth Circuit) - Held that an African American-owned operator of television networks sufficiently pleaded a claim that a cable television operator refused to enter into a carriage contract based on racial bias, in violation of 42 U.S.C. section 1981. Also, the section 1981 claim was not barred by the First Amendment. On interlocutory appeal, affirmed denial of a motion to dismiss.

(United States Second Circuit) - Affirming the district court's determination that New York law allows for derivative litigation rights in a suit on Lanham Act claims and a motion for preliminary injunction under the first-filed rule, but vacating the dismissal of the complaint and injunction motion in favor of a first-filed Georgia action because the Georgia suit was transferred to New York, so the reasoning behind the first-filed ruling no longer pertains, and affirming the district court's award of costs, including attorney fees incurred in the Georgia state action.

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(NY Court of Appeals) - No. 85

(United States Federal Circuit) - Held that a teacher working for the U.S. Department of Defense Domestic Dependent Elementary and Secondary Schools failed to file a timely petition for review of a decision removing her from the federal service. The teacher, who argued that her procedural due process rights were violated when she was fired from her job teaching on a military base, petitioned for review of an arbitrator's decision. However, the Federal Circuit concluded that her petition for review was not timely filed and thus dismissed it.

(United States Federal Circuit) - Vacated and remanded a decision of the U.S. Patent and Trademark Office Appeals Board (PTO Board) that certain claims relating to a wireless communications system are not patentable. In vacating and remanding, the Federal Circuit reasoned that the PTO Board did not consider portions of plaintiff’s reply.

WHILE most players his age have jumped two or three clubs, Mitch Aubusson has stayed loyal to the Roosters and joined some exclusive company in the process.

(United States Federal Circuit) - Vacated and remanded a decision of the U.S. Patent and Trademark Office Appeals Board (PTO Board) that certain claims relating to a wireless communications system are not patentable. In vacating and remanding, the Federal Circuit reasoned that the PTO Board did not consider portions of plaintiff’s reply.

(Court of Appeals of New York) - In disciplinary proceeding against an attorney for various misconduct, including allegations that he failed to properly supervise the firm's bookkeeper resulting in misappropriation of client funds and that he breached his fiduciary duty by failing to safeguard those funds, the order of the Appellate Division is modified to dismiss the charge for failing to timely comply with the Grievance Committee's lawful demands for information where the imposition of this separate charge is unsupported by the record.

(United States Second Circuit) - Judgment dismissing this qui tam action alleging that defendants engaged in a scheme of kickbacks, bribes, or rebates designed to induce referrals of Medicare and Medicaid business, is affirmed, where: 1) defendant's former general counsel, through his conduct in this qui tam action, violated his ethical obligations under New York Rules of Professional Conduct 1.9(c) which, in relevant part, prohibits lawyers from using confidential information of a former client protected by Rule 1.6 to the disadvantage of the former client, except to the extent that the lawyer reasonably believes necessary to prevent the client from committing a crime; and 2) the district court did not err by dismissing the complaint as to all defendants, and disqualifying plaintiff, its general partners, and its outside counsel on the basis that such measures were necessary to avoid prejudicing defendants in any subsequent litigation on these facts.

(United States Fifth Circuit) - Petition for rehearing granted. A lawsuit by a police officer hit by a thrown object during a protest against Black Lives Matter was properly dismissed, but his suit against the protest organizer should have been permitted to proceed.

(United States Fourth Circuit) - Summary judgment in favor of defendants on plaintiff's claims that he was unlawfully terminated from his employment in retaliation for protected activity under the Sarbanes-Oxley Act of 2002 is affirmed, where plaintiff failed to sufficiently establish that his alleged protected activities were a contributing factor to his termination.

(NY Supreme Court) - 2017–04429 2018–04808 Index No. 4054/13

(United States Second Circuit) - Held that an insurance company may not proceed with a negligence lawsuit against an adjuster for allegedly botching a claim for hurricane damage. The lawsuit was not filed within the statute of limitations.

(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.

(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.

(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.

(United States Fourth Circuit) - In a challenge to the conditions placed on the privilege of admission to the Bar of the United States District Court for the District of Maryland in Local Rule 701, the District Court's grant of the Government's motion to dismiss is affirmed where Rule 701 violates neither the Constitution nor federal law.

(United States Ninth Circuit) - Held that an African American-owned operator of television networks sufficiently pleaded a claim that a cable television operator refused to enter into a carriage contract based on racial bias, in violation of 42 U.S.C. section 1981. Also, the section 1981 claim was not barred by the First Amendment. On interlocutory appeal, affirmed denial of a motion to dismiss.

(United States Ninth Circuit) - In an en banc opinion, addressed the constitutionality of a San Francisco ordinance that requires health warnings to be included in advertisements for certain sugar-sweetened beverages. Industry groups challenged the ordinance, contending that it violates freedom of commercial speech. Finding this argument persuasive, the Ninth Circuit held that the district court should have granted a preliminary injunction against the ordinance.

(United States Ninth Circuit) - In an amended opinion, held that an African American-owned operator of television networks sufficiently pleaded that a cable television operator unlawfully refused to enter into a carriage contract based on racial bias, in violation of 42 U.S.C. section 1981. Affirmed denial of a motion to dismiss, on interlocutory appeal.

(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.

(United States Fifth Circuit) - Held that defendant rural power cooperatives were entitled to remove a case from state to federal court. The lawsuit alleged that they had unlawfully failed to provide certain refunds to their members. Reversed a remand order, in these three consolidated cases.

(California Court of Appeal) - In plaintiff's suit against defendant for infringement of jewelry designs, trademarks and copyrights, trial court's decision denying plaintiff's motion to strike defendant's complaint under the anti-SLAPP statute is affirmed as the filing of a lawsuit in a foreign country is not protected activity under the United States or California Constitutions as to implicate the statute.

(United States Federal Circuit) - Vacated and remanded a decision of the U.S. Patent and Trademark Office Appeals Board (PTO Board) that certain claims relating to a wireless communications system are not patentable. In vacating and remanding, the Federal Circuit reasoned that the PTO Board did not consider portions of plaintiff’s reply.

(Court of Appeals of New York) - In a trip and fall action, the trial court’s grant of summary judgment to defendant is reversed where there was dispute as to whether defendant or an adjacent business’s portion of a sidewalk was the proximate cause of plaintiff’s injuries.

(United States Third Circuit) - In a case to determine whether SB 2460, which the New Jersey Legislature enacted in 2014 (2014 Law) to partially repeal certain prohibitions on sports gambling, violates federal law the district court's judgment that the 2014 Law violates the Professional and Amateur Sports Protection Act (PASPA), 28 U.S.C. sections 3701-3704, is affirmed where PASPA, but its terms, prohibits states from authorizing by law sports gambling, and the 2014 Law does exactly that.

(United States Second Circuit) - In a dispute arising out of the alleged improper use of deflated footballs by professional football athlete Tom Brady, the District Court's vacation of the NFL Commissioner's award confirming the discipline of Brady, based upon the court's finding of fundamental unfairness and lack of notice, is reversed where: 1) the Commissioner properly exercised his broad discretion under the collective bargaining agreement; and 2) his procedural rulings were properly grounded in that agreement and did not deprive Brady of fundamental fairness.

(United States Third Circuit) - In an appeal to determine where whether SB 2460, which the New Jersey Legislature enacted in 2014 to partially repeal certain prohibitions on sports gambling, violates federal law, the District Court's holding that the 2014 Law violates the Professional and Amateur Sports Protection Act (PASPA), 28 U.S.C. sections 3701-3704, is affirmed where PASPA by its terms, prohibits states from authorizing by law sports gambling, and the 2014 Law does exactly that.

(United States Federal Circuit) - Appeal to determine meaning of special factor in 28 USC 2412(d)(2)(A), Equal Access to Justice Act. When special factor is found the statutory attorney fee rate is increased. The Claims Court found special factor existed in a bid protest claim where the Department of Health and Human Services (HHS) was stated to have acted arbitrarily and awarded plaintiff attorney fees increased by special factor. The Federal Court of Appeals held that the Claims Court erred and there was no special factor. Egregious misconduct by the HHS does not constitute a special factor.

(California Court of Appeal) - Upheld an attorney fee award to a government contractor that defeated a municipality's claim brought under the California False Claims Act, even though the contractor did not prevail in the action as a whole.

(United States Fifth Circuit) - Held that a university-affiliated medical practice must return $8 million to the federal agency that administers Medicare. The medical practice's test of a new care management model (a Medicare demonstration project) did not achieve the expected cost savings. Upheld an administrative order.

(United States DC Circuit) - Vacated and remanded. The district court dismissed claims by a group of chartered schools complaining about school funding practices but the case was vacated and remanded for dismissal because they lacked jurisdiction to hear the claims in the first instance.

(United States Ninth Circuit) - Addressed an environmental group's challenge to the Bureau of Land Management's decisions about the route network for motorized vehicles on certain lands. Affirmed in part and reversed in part.

(United States DC Circuit) - Remanded. A final rule issued by the National Credit Union Administration intended to make it easier for community credit unions to expand their coverage that was opposed by bankers was largely affirmed, but remanded to consider a portion that might impact poor and minority urban residents.

(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.

(United States Ninth Circuit) - Affirmed. An organization of wireless providers appealed the district court's denial of a preliminary injunction in their challenge of a Berkeley ordinance requiring cell phone retailers to warn potential buyers that carrying a phone could cause them to exceed FCC guidelines for exposure to radio-frequency radiation.

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(United States Ninth Circuit) - Reversed the denial of class certification in an action where a healthcare company was accused of unlawfully sending unsolicited faxed advertisements in violation of the U.S. Telephone Consumer Protection Act. The district court denied the motion for class certification on the ground that individual issues would predominate over issues common to the putative class. On an interlocutory appeal, the Ninth Circuit disagreed and remanded for further proceedings.

(United States Second Circuit) - Rejected an objecting class member's challenge to the amount of attorney fees awarded to a law firm that represented the class in a shareholder lawsuit. Raising what the court described as a novel issue, the objector contended that the lodestar fee must be unenhanced because the action was initiated under a statute with a fee‐shifting provision.

(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.

(United States Second Circuit) - Held that a bank's breach-of-contract lawsuit against another bank should not have been dismissed on timeliness grounds. Also addressed choice‐of‐law issues. Remanded for further proceedings.

(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.

(United States Ninth Circuit) - Reversed the district court’s dismissal of an action based on the forum selection clause in the parties’ contract. Held that the district court abused its discretion in overriding the strong public policy in Idaho Code section 29-110(1).

(United States Second Circuit) - Vacated and remanded. Finding the promise to arbitrate in the franchise application was supported by adequate consideration, the panel vacates the district court’s denial of DAI’s motion to compel arbitration and remands 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.

(United States Ninth Circuit) - Affirmed. An organization of wireless providers appealed the district court's denial of a preliminary injunction in their challenge of a Berkeley ordinance requiring cell phone retailers to warn potential buyers that carrying a phone could cause them to exceed FCC guidelines for exposure to radio-frequency radiation.

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(United States Third Circuit) - Affirmed the dismissal of taxi operators' constitutional challenge to an agreement that the City of Newark entered into with the ride-sharing service Uber. The taxi operators claimed that the City had violated their constitutional and state law rights by subjecting Uber and similar ride-sharing services to less onerous regulations than those imposed on taxi and limousine operators. Unpersuaded by these arguments, the Third Circuit held that the potentially unfair situation created by the City's decision could not be remedied through the plaintiffs' constitutional and state law claims.