bar Barrington Music Products, Inc. v. Music and Arts Center By feeds.findlaw.com Published On :: 2019-05-22T08:00:00+00:00 (United States Seventh Circuit) - Addressed a damages issue in a case where a jury found that a musical instrument retailer infringed another retailer's trademark. Affirmed the denial of the plaintiff's motion amend the judgment. Full Article Trademark Intellectual Property
bar Nieves v. Bartlett By feeds.findlaw.com Published On :: 2019-05-28T08:00:00+00:00 (United States Supreme Court) - Held that probable cause to make an arrest defeats a claim that the arrest was in retaliation for protected speech. A man arrested at a winter sports festival claimed that the reason was his speech. However, because there was probable cause to arrest him for disorderly conduct, his First Amendment retaliatory arrest claim failed as a matter of law. Chief Justice Roberts delivered the U.S. Supreme Court's opinion. There were several concurring and dissenting opinions. Full Article Constitutional Law Criminal Law & Procedure
bar Honcharov v. Barr By feeds.findlaw.com Published On :: 2019-05-29T08:00:00+00:00 (United States Ninth Circuit) - Approved the Board of Immigration Appeals' practice of refusing to address arguments raised for the first time on appeal. Accordingly, denied a petition for review filed by an asylum seeker who had presented a new argument regarding particular social groups to the Board, which refused to consider it. Full Article Immigration Law
bar Guan v. Barr By feeds.findlaw.com Published On :: 2019-05-30T08:00:00+00:00 (United States Ninth Circuit) - Revived a Chinese citizen's claim for relief under the Convention Against Torture based on evidence that he is a practicing Christian and reports that Christians are persecuted and tortured in China. Granted his petition for review in relevant part and remanded to the Board of Immigration Appeals for further proceedings. Full Article Immigration Law
bar Najera-Rodriguez v. Barr By feeds.findlaw.com Published On :: 2019-06-04T08:00:00+00:00 (United States Seventh Circuit) - Granted a lawful permanent resident's petition for review of a Board of Immigration Appeals decision. Held that his Illinois conviction for unlawful possession of several Xanax pills without a prescription did not render him removable. Full Article Immigration Law
bar Toure v. Barr By feeds.findlaw.com Published On :: 2019-06-07T08:00:00+00:00 (United States Seventh Circuit) - Held that an immigration judge did not abuse her discretion by denying a continuance. The immigrant wanted to delay his removal hearing in order to seek lawful permanent residence status based on a brief marriage to a U.S. citizen that immigration authorities had already found to be a sham. Full Article Immigration Law
bar W.M.V.C. v. Barr By feeds.findlaw.com Published On :: 2019-06-07T08:00:00+00:00 (United States Fifth Circuit) - In an immigration matter, held that a Honduran woman who prevailed on a petition for review was not entitled to recover attorney fees under the Equal Access to Justice Act. The government's position was substantially justified, in this case involving a perceived-homosexuality asylum claim. Full Article Immigration Law Attorney's Fees
bar Torres v. Barr By feeds.findlaw.com Published On :: 2019-06-12T08:00:00+00:00 (United States Ninth Circuit) - Denied an immigrant's petition for review of a removal decision, in a case involving specific immigration provisions affecting the Commonwealth of the Northern Mariana Islands, which is a U.S. territory. The Philippines citizen had arrived there as a lawful guest worker. Full Article Immigration Law
bar Perez-Cruz v. Barr By feeds.findlaw.com Published On :: 2019-06-13T08:00:00+00:00 (United States Ninth Circuit) - Granted an alien's petition for review of a removal decision. Held that Immigration and Customs Enforcement agents were not permitted to carry out preplanned mass detentions, interrogations and arrests at a factory without individualized reasonable suspicion. Remanded to the Board of Immigration Appeals with instructions to dismiss the Mexican citizen's removal proceeding without prejudice. Full Article Immigration Law
bar Matthews v. Barr By feeds.findlaw.com Published On :: 2019-06-18T08:00:00+00:00 (United States Second Circuit) - Upheld a Board of Immigration Appeals decision that a lawful permanent resident was ineligible for cancellation of removal. He had been found removable based on his New York convictions for endangering the welfare of a child. Denied the Irish citizen's petition for review. Full Article Immigration Law
bar W. M. V. C., et al v. William Barr, U.S. Atty Gen By feeds.findlaw.com Published On :: 2019-06-28T08:00:00+00:00 (United States Fifth Circuit) - Deny petition for review. Plaintiff appealed dismissal of application for asylum and withholding of removal. Petition for stay of removal was granted, but denied the award of attorney fees. Plaintiff appealed the denial of attorney fees. Appeals court ruled that Plaintiff was not entitled to attorney fees under the Equal Access to Justice Act because the government’s actions were substantially justified. Full Article Immigration Law Attorney's Fees
bar Yan Yang v. Barr By feeds.findlaw.com Published On :: 2019-07-02T08:00:00+00:00 (United States Second Circuit) - Granted. Petition for review of Board of Immigration Appeals decision denying Plaintiff application for asylum. Plaintiff demonstrated changed circumstances and BIA was required to consider entire application. Remand application to BIA for limited purpose of granting application. Full Article Immigration Law Administrative Law
bar Betansos v. Barr By feeds.findlaw.com Published On :: 2019-07-05T08:00:00+00:00 (United States Ninth Circuit) - Denied petition for review of Board of Immigration Appeals (BIA) decision to remove Plaintiff from the United States. The appeals court held that Plaintiff's conviction for indecent exposure was a crime involving moral turpitude and held that the BIA decision in Matter of Cortes Medina applied retroactively to Plaintiff making him ineligible for cancellation of removal. Full Article Administrative Law Immigration Law Sentencing
bar Gurung v. Barr By feeds.findlaw.com Published On :: 2019-07-08T08:00:00+00:00 (United States Second Circuit) - Granted petition. Vacated removal order. Remanded. Plaintiff challenged denial of application for asylum. The immigration Judge denied application stating that it was not credible finding that there were inconsistencies in Plaintiff’s testimony. The Appeals court held that two of the purported inconsistent statements were not inconsistent at all and the third inconsistency did not justify an adverse ruling. Full Article Immigration Law Administrative Law
bar Vyloha v. Barr By feeds.findlaw.com Published On :: 2019-07-10T08:00:00+00:00 (United States Seventh Circuit) - Consolidated petition for review. Motion to reconsider denied. Board of Immigration Appeals did not abuse its discretion in finding an immigration judge’s in absentia removal order appropriate, where defendant waited 10 years before filing the motion to reopen his proceedings and did not meet the standard for equitable tolling based on limited English proficiency, nor meet the requirements for a sua sponte request based on lack of notice and ineffective counsel. Full Article Immigration Law
bar Menendez-Gonzalez v. Barr By feeds.findlaw.com Published On :: 2019-07-11T08:00:00+00:00 (United States Ninth Circuit) - Petition for review of Board of Immigration decision denied, where Defendant could not show legal or constitutional reasons to provide court the jurisdiction to review the BIA’s denial of sua sponte reopening. Full Article Immigration Law
bar Marinelarena v. Barr By feeds.findlaw.com Published On :: 2019-07-18T08:00:00+00:00 (United States Ninth Circuit) - Reversed and remanded. An ambiguous record regarding a state law conviction does not constitute a predicate offense that would bar eligibility for a cancellation of removal, overruling Young v. Holder, where Petitioner argued previous conviction for conspiracy to commit a felony did not reference a specific controlled substance. Full Article Immigration Law
bar Pierre-Paul v. Barr By feeds.findlaw.com Published On :: 2019-07-18T08:00:00+00:00 (United States Fifth Circuit) - Denied in part, dismissed in part. A Haitian national's petition for review of a Board of Immigration Appeals denial of asylum and cancellation of removal was dismissed for lack of jurisdiction. His arguments that the court lacked jurisdiction and violated due process were denied. Full Article Immigration Law Administrative Law
bar Flores v. Barr By feeds.findlaw.com Published On :: 2019-07-18T08:00:00+00:00 (United States Ninth Circuit) - Petition for review of Board of Immigration Appeals’ denial of a motion to reopen removal proceedings based on ineffective counsel granted in part and denied in part. BIA applied a “clear probability” standard, rather than a “more likely than not” standard, when considering protection under the Convention Against Torture Act. Remanded to district court. Full Article Immigration Law
bar N.Y.C.C. v. Barr By feeds.findlaw.com Published On :: 2019-07-19T08:00:00+00:00 (United States Seventh Circuit) - Petition for review denied. Nothing in N.Y.C.C.’s record required the immigration judge or Board of Immigration Appeals to conclude past persecution or reasonable fear of future persecution, where Petitioner could not show that she was unable to leave her abusive relationship, nor prove that she was the mother of a cartel member’s child. Full Article Immigration Law
bar Luna-Garcia v. Barr By feeds.findlaw.com Published On :: 2019-07-23T08:00:00+00:00 (United States Fifth Circuit) - Petition for review denied. An in absentia order of removal could not be overturned because it was not capricious, without foundation in the evidence, or otherwise so irrational it was arbitrary. Full Article Immigration Law Civil Procedure
bar Diaz-Quirazco v. Barr By feeds.findlaw.com Published On :: 2019-07-23T08:00:00+00:00 (United States Ninth Circuit) - Petition denied. Plaintiff petitioned for review of Board of Immigration Appeals decision for removal based on a judgment for Contempt of Court for violating a restraining order. Full Article Immigration Law Administrative Law
bar Flores-Vega v. Barr By feeds.findlaw.com Published On :: 2019-08-02T08:00:00+00:00 (United States Ninth Circuit) - Petition for review denied. Defendant's conviction for “strangulation” was categorically a crime of violence making him removable and ineligible for asylum; substantial evidence supported the Board of Immigration’s denial of withholding of removal and relief. Full Article Immigration Law
bar Romo v. Barr By feeds.findlaw.com Published On :: 2019-08-14T08:00:00+00:00 (United States Ninth Circuit) - Petition denied. Finding that solicitation of a crime as serious as possession of at least four pounds of marijuana was as turpitudinous as the crime itself, the panel denied Romo’s petition for review of the Board of Immigration Appeals’ determination that she was inadmissible. Full Article Immigration Law
bar Flores v. Barr By feeds.findlaw.com Published On :: 2019-08-15T08:00:00+00:00 (United States Ninth Circuit) - Dismissed. The government appealed the district court’s granting in part of a motion to enforce a 1997 settlement agreement guaranteeing minors in the custody of immigration agencies be held in facilities that are safe and sanitary. The panel dismissed the appeal for lack of jurisdiction because the district court did not modify the agreement. Full Article Immigration Law Juvenile Law
bar Flores-Abarca v. Barr By feeds.findlaw.com Published On :: 2019-08-16T08:00:00+00:00 (United States Fifth Circuit) - Vacated and remanded. The Oklahoma misdemeanor of transporting a loaded firearm in a motor vehicle is not one of the firearms offenses listed in the USC making an alien statutorily ineligible for cancellation of removal. Full Article Immigration Law
bar Zuniga v. Barr By feeds.findlaw.com Published On :: 2019-08-20T08:00:00+00:00 (United States Ninth Circuit) - Remanded. Finding that non-citizens subject to expedited removal under 8 USC Section 1228 have a statutory right to counsel in reasonable fear proceedings, the immigration judge deprived Zuniga of his right to counsel by failing to obtain a knowing and voluntary waiver of that right. Full Article Immigration Law
bar Pleitez-Lopez v. Barr By feeds.findlaw.com Published On :: 2019-08-23T08:00:00+00:00 (United States Ninth Circuit) - Remanded. The panel held that petitioner’s reliance on his lawyer’s erroneous advice that he was not required to update his fingerprints was reasonable and constituted “good cause” to grant a continuance, and remanded. Full Article Immigration Law
bar Singh v. Barr By feeds.findlaw.com Published On :: 2019-08-27T08:00:00+00:00 (United States Ninth Circuit) - Petition denied. Finding the record did not compel the conclusion that police officers did not persecute Singh on account of his imputed political opinions, the panel concluded his asylum claim fails. Full Article Immigration Law
bar US v. Barber By feeds.findlaw.com Published On :: 2019-08-27T08:00:00+00:00 (United States Seventh Circuit) - Affirmed. Facebook evidence and cellphone data were properly admitted in the conviction of a man for stealing firearms from a federally licensed firearms dealer. Full Article Evidence Criminal Law & Procedure
bar US v. Barrett By feeds.findlaw.com Published On :: 2019-08-30T08:00:00+00:00 (United States Second Circuit) - Affirmed in part, vacated in part. Defendant challenged his conviction for using firearms in the commission of violent crimes. Because categorizing crimes of violence cannot be done on a case-by-case basis, the defendant’s charge for using firearms in the commission of a robbery is vacated. Full Article Criminal Law & Procedure
bar Transfer Gossip: Sancho becomes Barca backup plan, Lampard rings Mertens By www.thescore.com Published On :: Sat, 09 May 2020 16:52:40 +0000 Full Article
bar Julian’s the new kid on the small bar Block By www.dailytelegraph.com.au Published On :: Fri, 24 Jun 2016 01:15:00 GMT TV architect Julian Brenchley’s new small bar venture looks likely to become Sydney’s newest celebrity hangout. Full Article
bar Barrington Music Products, Inc. v. Music and Arts Center By feeds.findlaw.com Published On :: 2019-05-22T08:00:00+00:00 (United States Seventh Circuit) - Addressed a damages issue in a case where a jury found that a musical instrument retailer infringed another retailer's trademark. Affirmed the denial of the plaintiff's motion amend the judgment. Full Article Trademark Intellectual Property
bar Barnes, Crosby, Fitzerald & Zeman, LLP v. Ringler By feeds.findlaw.com Published On :: 2012-12-19T08:00:00+00:00 (California Court of Appeal) - In a law firm's suit to enforce a fee-splitting agreement against another law firm, arising from an underlying class action, trial court's judgment in favor of the defendant-law firm is reversed where an attorney may be equitably estopped from claiming that a fee-sharing contract is unenforceable due to noncompliance with rule 2-200 or rule 3.769, where that attorney is responsible for such noncompliance and has unfairly prevent another lawyer from complying with the rules' mandates. Full Article Attorney's Fees Class Actions Ethics & Disciplinary Code Ethics & Professional Responsibility
bar Barry v. State Bar By feeds.findlaw.com Published On :: 2013-08-21T08:00:00+00:00 (California Court of Appeal) - The trial court's order awarding attorney fees to defendant State Bar as the prevailing party on a special motion to strike plaintiff's complaint which sought to vacate a stipulation she had entered into with the defendant regarding two disciplinary actions against her, is reversed and remanded, where the trial court's lack of subject matter jurisdiction precluded it from awarding attorney fees under California Code of Civil Procedure section 425.16. Full Article Attorney's Fees Civil Procedure Ethics & Disciplinary Code Ethics & Professional Responsibility
bar Barkes v. First Corr Med Inc By feeds.findlaw.com Published On :: 2014-09-08T08:00:00+00:00 (United States Third Circuit) - In this appeal considering whether defendant-prison-administrators are entitled to qualified immunity for an inmate's suicide, the district court's order denying summary judgment in favor of the plaintiffs is affirmed, where defendants are not entitled to qualified immunity from an Eighth Amendment claim that serious deficiencies in the provision of medical care by a private, third-party provider led to the inmate's suicide. Full Article Ethics & Disciplinary Code Constitutional Law Criminal Law & Procedure
bar Williams-Yulee v. Florida Bar By feeds.findlaw.com Published On :: 2015-04-29T08:00:00+00:00 (United States Supreme Court) - Disciplinary sanctions imposed by the state bar, pursuant to Cannon 7(C)(1), on a candidate for judicial office, who mailed and posted online a letter soliciting financial contributions for her campaign, are affirmed over a First Amendment challenge, where Cannon 7(C)(1) is narrowly tailored to serve the State's compelling interest. Full Article Constitutional Law Elections Ethics & Disciplinary Code Sanctions
bar Barry v. Freshour By feeds.findlaw.com Published On :: 2018-10-04T08:00:00+00:00 (United States Fifth Circuit) - Held that the Texas Medical Board did not violate a physician's Fourth Amendment rights when it used its subpoena authority to gain immediate access to his patients' medical records at a health clinic where he worked part-time. Reversed the denial of a motion to dismiss. Full Article Constitutional Law Health Law Ethics & Disciplinary Code
bar Dennis Bargher v. Craig White, et al By feeds.findlaw.com Published On :: 2019-07-01T08:00:00+00:00 (United States Fifth Circuit) - Vacate and remand. Plaintiff, a prisoner, brought suit against prison official alleging that they arranged another inmate to attack him and stood by while he was severely injured. District court granted summary judgment with prejudice to Defendant for failure to exhaust administrative remedies. Appeals court found that Plaintiff had failed to exhaust administrative remedies, but the proper disposition was dismissal without prejudice. Full Article Civil Procedure Injury & Tort Law Administrative Law
bar Lopez v. Bartlett Care Center, LLC By feeds.findlaw.com Published On :: 2019-08-28T08:00:00+00:00 (California Court of Appeal) - Affirmed. Defendant, a skilled nursing facility, appealed an order denying its petition to compel arbitration for claims of negligent, elder abuse and wrongful death. The trial court found that the claims were not arbitratable because there was no arbitration agreement between Defendant and the decedent. Full Article Injury & Tort Law Dispute Resolution & Arbitration
bar Dogan v. Barak By feeds.findlaw.com Published On :: 2019-08-02T08:00:00+00:00 (United States Ninth Circuit) - Affirmed. The panel affirmed the district court’s dismissal, on the basis of foreign official immunity, of a wrongful death action brought under the Torture Victim Protection Act. Full Article International Law
bar Gupta v. Morgan Stanley Smith Barney LLC By feeds.findlaw.com Published On :: 2019-08-19T08:00:00+00:00 (United States Seventh Circuit) - Affirmed. A former employee alleging discrimination could be compelled to arbitrate his claims because he didn't opt out of the company's arbitration agreement. Full Article Dispute Resolution & Arbitration Labor & Employment Law Civil Rights Civil Procedure
bar Bartholomew v. Youtube, LLC. By feeds.findlaw.com Published On :: 2017-12-01T08:00:00+00:00 (California Court of Appeal) - Affirming the trial court's dismissal for failure to state a claim in the case of a musician whose video was taken down from YouTube, which posted a statement that the video had violated their terms of service, because using violence and profanity as examples of things that could result in the removal of a video did not amount to libel. Full Article Civil Procedure Injury & Tort Law Media Law
bar Sander v. State Bar of California By feeds.findlaw.com Published On :: 2018-08-23T08:00:00+00:00 (California Court of Appeal) - Held that the State Bar of California did not have to disclose information from its database. For social science research purposes, the petitioners sought anonymized data about all individuals who took the California bar examination from 1972 to 2008, including their race or ethnicity, law school and undergraduate grade point averages, LSAT scores, and performance on the bar examination. Affirming the denial of a writ of mandate, the California First Appellate District held that such a request was beyond the purview of the California Public Records Act because it would compel the State Bar to create new records. Full Article Media Law Government Law
bar 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
bar Jacks v. City of Santa Barbara By feeds.findlaw.com Published On :: 2017-06-29T08:00:00+00:00 (Supreme Court of California) - In a case relating to a surcharge added to energy bills that the city claimed was a fee for the use of public services which taxpayers characterized as a tax imposed without voter approval the court affirmed the appellate decision reversing the trial court's grant of motion for judgment on the pleadings, but reversed the appellate court's order granting summary adjudication to the plaintiffs. Full Article Public Utilities Tax Law
bar Medtronic, Inc. v. Barry By feeds.findlaw.com Published On :: 2018-06-11T08:00:00+00:00 (United States Federal Circuit) - Affirming in part and vacating in part the US Patent and Trademark Office's Patent Trial and Appeals Board inter partes review determination that a medical device company had not proven that the challenged patent claims were unpatentable in a suit relating to thoracic pedicle screws for scoliosis surgery. Full Article Intellectual Property Patent
bar Kaanaana v. Barrett Business Services, Inc. By feeds.findlaw.com Published On :: 2018-11-30T08:00:00+00:00 (California Court of Appeal) - Held that the prevailing wage law applied here because the contractors (belt sorters at county recycling facilities) were engaged in public work. On a separate issue, addressed the statutory remedy for improperly shortening their meal periods by three to five minutes. Full Article Labor & Employment Law Government Contracts
bar Barrett v. Berryhill By feeds.findlaw.com Published On :: 2018-09-25T08:00:00+00:00 (United States Seventh Circuit) - Affirmed that an individual who applied for Social Security disability insurance benefits and supplemental security income was not entitled to them because he was not disabled by bipolar disorder and alcohol addiction. Full Article Government Benefits