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Joke about Nadal injury creates confusion during virtual tourney




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Contour Design, Inc. v. Chance Mold Steel Co., Ltd.

(United States First Circuit) - In dispute arising from a district court order preliminarily enjoining defendants from misappropriating plaintiff's trade secrets by selling computer mouse products similar to or derived from those made by plaintiff, order is affirmed where court properly upheld the validity of a non-disclosure agreement between the parties.




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Contour Design, Inc. v. Chance Mold Steel Co., Ltd.

(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.




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uPI Semiconductor Corporation v. ITC

(United States Federal Circuit) - Ruling of the International Trade Commission that respondent-intervenor uPI violated the Consent Order as to the imports known as "formerly accused products" is affirmed, the modified penalty is affirmed, and the ruling of no violation as to the post-Consent Order products is reversed, where: 1) substantial evidence does not support the Commission's conclusion that uPI's post-Consent Order products were independently developed; and 2) the United States sale or importation of downstream products, which incorporate uPI's formerly accused upstream products and infringe the '190 patent, constitutes a violation of the Consent Order's knowingly aiding or abetting provision.




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Cypress Semiconductor Corp. v. Maxim Integrated Products, Inc.

(California Court of Appeal) - Award of attorney fees to defendant in an underlying action for misappropriation of trade secret by seeking to hire away plaintiff's employees, is affirmed where: 1) the trial court's findings are free of procedural error; 2) the finding of plaintiff's bad faith is amply supported by evidence that defendants did no more than attempting to recruit the employees of a competitor, which they are entitled to do under California state law; and 3) defendant prevailed when plaintiff dismissed the suit to avoid an adverse determination on the merits.




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Richtek USA v. uPI Semiconductor Corp.

(California Court of Appeal) - In a trademark secrets and employment case arising out of the formation of defendant uPI Semiconductors by employees of plaintiff Richtek, the sustaining of defendants' demurrer is reversed where the trial court improperly took judicial notice of the substantive allegations contained in two 2007 court complaints filed in Taiwan to resolve factual disputes in the case.




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Cops’ BBQ fires up DV conversation

Police were armed with barbecue tongs this week at Wyoming Caravan Park in a bid to tackle the issue of domestic violence.




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Ontiveros v. Constable

(California Court of Appeal) - In a case in which a minority shareholder sued a majority shareholder, reversed and remanded with directions to reinstitute a special proceeding under Corporations Code section 2000.




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Centex Homes v. R-Help Construction Co., Inc.

(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.




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McMillin Homes Construction Inc. v. National Fire and Marine Insurance Co.

(California Court of Appeal) - Held that an insurance company owed a duty to defend a general contractor who was being sued by homeowners over alleged roofing defects. The case involved a commercial general liability insurance policy issued to a roofing subcontractor. Reversed the decision below.




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Essex Insurance Company v. Blue Moon Lofts Condominium Association

(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.




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Windridge of Naperville Condominium Ass'n v. Philadelphia Indemnity Insurance Co.

(United States Seventh Circuit) - Affirmed. An insurer had to replace the siding on an entire building whose south and west sides were damaged by a storm because the old siding was no longer available and the new siding didn't match.




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Capsco Industries, Inc. v. Ground Control, LLC

(United States Fifth Circuit) - Affirmed. A subcontractor did not owe a duty to indemnify a company for its expenditures in labor and materials in a construction project.




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Landmark American Insurance Co. v. Deerfield Construction, Inc.

(United States Seventh Circuit) - Affirmed. An insurer that did not receive timely notice of an accident could not be compelled to provide coverage.




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Franco v. Greystone Ridge Condominium

(California Court of Appeal) - Reversed. Plaintiffs, employees of Defendant, signed an agreement with Defendant requiring binding arbitration of employment disputes after the complaint was filed. The trial court denied Defendant’s motion to compel arbitration agreeing with Plaintiff that the arbitration agreement referred to future claims not the past ones brought by Plaintiff against Defendant. The appeals court disagreed stating that the agreement to arbitrate was clear and there was no qualifying language as to past or future events.



  • Dispute Resolution & Arbitration
  • Labor & Employment Law

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US v. Conner

(United States Fifth Circuit) - On reconsideration, held that a taxpayer had 60, not 30, days to file his notice of appeal from an order finding him in contempt of court for failure to fully comply with an Internal Revenue Service summons. Withdrew a prior order dismissing his appeal.




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Bridgepoint Construction Services, Inc. v. Newton

(California Court of Appeal) - Affirmed an order disqualifying an attorney from representing a client due to a conflict of interest. The attorney argued that there was no conflict, but the California Second Appellate District concluded otherwise. The panel stated that when an attorney represents more than one client, all of whom seek damages from a pool of money controlled by another party, the conflict is self-evident: there might not be enough money to satisfy each client's claim.



  • Ethics & Professional Responsibility

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Connelly v. Bornstein

(California Court of Appeal) - Held that the statute of limitations for malicious prosecution claims against attorneys is one year. Accordingly, the present lawsuit was time-barred. Affirmed the decision below.




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Dan Farr Productions v. San Diego Comic Convention

(United States Ninth Circuit) - Ordering the district court to vacate orders prohibiting the petitioner from expressing their views on litigation or republishing public documents over social media platforms, and requiring them to post a disclaimer prohibiting comment on the litigation because this amounted to prior restraint on their First Amendment rights.




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National Conference of Black Mayors v. Chico Community Publishing, Inc.

(California Court of Appeal) - Affirmed an order denying attorney's fees to a newspaper that had been forced to litigate over its request for public records. The newspaper argued that it was entitled to reasonable attorney's fees under the California Public Records Act. However, the Third Appellate District disagreed, holding that the Act does not allow for an award of attorney fees when the requester litigates against an officer of a public agency in a mandamus action that the officer initiated to keep the public agency from disclosing records it agreed to disclose.




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Ontiveros v. Constable

(California Court of Appeal) - In a case in which a minority shareholder sued a majority shareholder, reversed and remanded with directions to reinstitute a special proceeding under Corporations Code section 2000.




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New York State Department of Environmental Conservation v. Federal Energy Regulatory Commission

(United States Second Circuit) - Denying a petition for review by the New York State Department of Environmental Conservation seeking to vacate two orders of the Federal Energy Regulatory Commission authorizing a company to construct a natural gas pipeline in New York and determining that the Department waived its authority to provide a water quality certification for the pipeline project under Section 401 of the Clean Water Act.




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San Diego Gas and Electric Co. v. San Diego Regional Water Quality Control Board

(California Court of Appeal) - Upheld a cleanup and abatement order issued to a utility company, which was found to be a responsible party for pollution in San Diego Bay, nearby which it operated a power plant for many years. Affirmed the denial of the company's petition for writ relief.




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The Container Store v. US

(United States Federal Circuit) - Reversing and remanding the final judgment of the United States Court of International Trade case granting summary judgment to the government because the subject modular storage unit imports were improperly classified as mountings and fittings rather than as parts of unit furniture.




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THE BEACON MUT. INS. CO. v. ONEBEACON INS.

(United States First Circuit) - The court reversed summary judgment in favor of defendants where a factfinder could have reasonably inferred that actual confusion injured the plaintiff's goodwill and business reputation, and no further showing of injury is necessary to survive summary judgment.




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Optimum Techs., Inc. v. Henkel Consumer Adhesives, Inc.

(United States Eleventh Circuit) - In dispute arising out of distributorship agreement and competing adhesive products for floor coverings, judgment for defendants is affirmed over claims that the district court erred in granting: 1) partial summary judgment for defendants on plaintiff's claims of trademark infringement and unfair competition; 2) summary judgment in favor of defendants on plaintiff's claims of breach of confidential relationship, breach of fiduciary duty, fraudulent concealment, fraud, and negligent misrepresentation; and 3) granting defendants' renewed motion for judgment as a matter of law on plaintiff's trademark and unfair competition claims, due to a lack of evidence establishing plaintiff's damages.




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Secalt, S.A. v. Wuxi Shenxi Construction Machinery Co., Ltd.

(United States Ninth Circuit) - In a suit claiming that the defendant's traction hoists infringed the trade dress of the plaintiffs' traction hoist, the district court’s grant of summary judgment, its finding of exceptionality, and its award of attorney’s fees under the Lanham Act are affirmed, where the plaintiffs did not present evidence sufficient to create a triable issue as to the nonfunctionality of its claimed trade dress, but the district court's award of non-taxable costs and certain taxable costs is reversed.




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Power Integrations v. Fairchild Semiconductor

(United States Federal Circuit) - Affirmed in part and vacated in part where a jury found that defendant had infringed on plaintiff's patents and had awarded damages based on the entire market value rule. The Federal Circuit court affirmed the infringement judgment, but vacated the damages award stating that the entire market value rule could not be used in this case.




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GoPro, Inc. v. Contour IP Holding, LLC

(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.




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In re: NFL Players Concussion Injury Litigation

(United States Third Circuit) - In a class action suit against the National Football League (NFL), brought by former players who alleged that the NFL failed to inform them of and protect them from the risks of concussions in football, the District Court's judgment is affirmed where the District Court was right to certify the class and approve the settlement.




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Alpha Painting & Construction v. Delaware River Port Auth.

(United States Third Circuit) - In a case arising from a bitter bidding dispute for a contract to strip and repaint the Commodore Barry Bridge, in which the contracting agency rejected the lowest bidder-plaintiff because it determined that plaintiff was not a 'responsible' contractor, the district court's judgment in favor of plaintiff is: 1) affirmed in part where the district court did not err in ruling that defendant acted arbitrarily and capriciously; but 2) vacated in part where the district court abused its discretion in directing defendant to award the contract to plaintiff.




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Garco Const. Inc. v. Sec'y of the Army

(United States Federal Circuit) - In an appeal of a decision of the Armed Services Board of Contract Appeals denying plaintiff's damages claim arising out of its contract with the U.S. Army Corps of Engineers to build housing units on Malmstrom Air Force Base, the Board's decision is affirmed where there was no change to the base access policy that forced additional costs.




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Cal. Taxpayers Action Network v. Taber Construction

(California Court of Appeal) - In a reverse validation action under Code Civ. Proc. section 863 challenging the propriety of school districts' use of lease-leaseback agreements in contracting for construction or improvement of school facilities, the trial court's judgment sustaining defendants' demurrer is: 1) reversed in part as to the conflict of interest claim where plaintiff has stated a claim of conflict of interest against the construction company-defendant sufficient to withstand a demurrer; but 2) otherwise affirmed.




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Cochise Consultancy, Inc. v. US ex rel. Hunt

(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.




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Allied Concrete and Supply Co. v. Baker

(United States Ninth Circuit) - Held that California did not violate the Equal Protection Clause when it adopted a 2015 amendment that conferred prevailing-wage protections on delivery drivers of ready-mix concrete. Reversed a summary judgment decision in this case involving a law that guarantees a special minimum wage to workers employed on public-works projects.




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Raam Construction, Inc. v. Occupational Safety and Health Appeals Board

(California Court of Appeal) - Held that a general building contractor did not file a timely court challenge to a citation issued by government inspectors who found a safety violation at a job site. Affirmed dismissal of the contractor's petition for a writ of mandate.




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Contractors' State Licensing Board v. Superior Court (Black Diamond Electric, Inc.)

(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.




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Acosta v. Hensel Phelps Construction Co.

(United States Fifth Circuit) - Held that the U.S. Secretary of Labor has authority under the OSHA statute to issue a citation to a general contractor at a multi-employer construction worksite who controls a hazardous condition at that worksite, even if the condition affects another employer's employees. Criticized a circuit precedent, Melerine v. Avondale Shipyards, Inc., 659 F.2d 706 (5th Cir. 1981), which had held that the Act protects only an employer's employees.




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ACCO Engineered Systems, Inc. v. Contractors' State License Board

(California Court of Appeal) - Upheld a decision of the Contractors' State License Board finding that a large contracting company violated California law by failing to obtain a building permit before replacing a boiler. Affirmed the denial of the company's writ petition.




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JMS Air Conditioning and Appliance, Inc. v. Santa Monica Community College District

(California Court of Appeal) - Upheld an administrative decision by the Santa Monica Community College District to allow a contractor to replace one subcontractor with another subcontractor on a construction project. Affirmed the denial of the plaintiff subcontractor's writ petition.




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84 Lumber Co. v. Continental Casualty Co.

(United States Fifth Circuit) - Held that a subcontractor could not proceed with its lawsuit against a general contractor seeking payment for work on a project to build public schools. The subcontractor did not properly comply with the notice requirements of the Louisiana Public Works Act.




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Aspic Engineering and Construction Co. v. ECC Centcom Constructors, LLC

(United States Ninth Circuit) - Held that an arbitrator made an "irrational" decision in a contract dispute between two government contractors. Affirmed the district court's vacatur of the arbitration award, in this case involving contracts to construct buildings and facilities in Afghanistan.




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Centex Homes v. R-Help Construction Co., Inc.

(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.




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McMillin Homes Construction Inc. v. National Fire and Marine Insurance Co.

(California Court of Appeal) - Held that an insurance company owed a duty to defend a general contractor who was being sued by homeowners over alleged roofing defects. The case involved a commercial general liability insurance policy issued to a roofing subcontractor. Reversed the decision below.




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Hoyt v. Lane Construction Corp.

(United States Fifth Circuit) - In a wrongful death lawsuit, revived a claim that a construction company's faulty road repairs resulted in icing that led to a fatal motor vehicle crash. Reversed a summary judgment ruling. Also, addressed a dispute regarding the existence of removal jurisdiction.




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Capsco Industries, Inc. v. Ground Control, LLC

(United States Fifth Circuit) - Affirmed. A subcontractor did not owe a duty to indemnify a company for its expenditures in labor and materials in a construction project.




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Consolidation Coal Co. v. Office of Workers' Compensation Programs

(United States Seventh Circuit) - Upheld a federal agency's decision that a former coal miner was entitled to benefits under the Black Lung Benefits Act. His former employer, a coal company, had challenged the benefits award.




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General Malware Spam - PURCHASE ORDER ENQUIRY..PLEASE CONFIRM

An unknown purchase order inquiry from Captain Fabri. You can smell the virus a mile away.




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Bank Draft Scam - CONTACT DR HILARRY NDUBEM NOW

BARR. Katie Richardson wants you to contact DR HILARRY NDUBEM. Do not contact any of these swindlers... ever!




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Inheritance Fund Scam a.k.a. Next of Kin Scam - Please Contact Me

Larry the 419 scammer is sorry for invading your privacy.