ba Revision Military, Inc. v. Balboa Mfg. Co. By feeds.findlaw.com Published On :: 2012-11-27T08:00:00+00:00 (United States Federal Circuit) - In a suit for infringement of patents directed to a design for protective goggles used by military establishments, law enforcement agencies, hunters and shooters, district court's denial of plaintiff's request for a preliminary injunction is vacated and remanded where the district court erred in applying the Second Circuit's heightened standard of proof of likelihood of success on the merits, instead of the Federal Circuit standard for consideration of whether to impose such relief. Full Article Intellectual Property Patent Trade Dress Remedies
ba Stone Basket Innovations, LLC v. Cook Medical, LLC By feeds.findlaw.com Published On :: 2018-06-11T08:00:00+00:00 (United States Federal Circuit) - Affirming a district court order denying a motion for attorney fees following the dismissal of a patent infringement suit with prejudice because attorney fees are only available in exceptional circumstances and the court decision was not an abuse of discretion. Full Article Attorney's Fees Intellectual Property Patent
ba 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
ba ABS Global, Inc. v. Inguran, LLC By feeds.findlaw.com Published On :: 2019-01-29T08:00:00+00:00 (United States Seventh Circuit) - In a dispute between two companies in the agriculture-related biotechnology field, affirmed in part and reversed in part a judgment after a jury trial. The case involved antitrust claims, patent infringement claims and an alleged breach of a confidentiality agreement. Full Article Agriculture Antitrust & Trade Regulation Patent
ba People v. Badalamenti By feeds.findlaw.com Published On :: 2016-04-05T08:00:00+00:00 (Court of Appeals of New York) - Conviction for assaults and related offenses is affirmed where a parent or guardian can vicariously consent on behalf of a child to create an audio or video recording of a conversation to which the child is a party, pursuant to Penal Code section 250.00 (2), provided that the parent or guardian has a good faith, objectively reasonable basis to believe that it is necessary in order to serve the best interests of his or her minor child. Full Article Criminal Law & Procedure
ba Stonehill Capital Management v. Bank of the West By feeds.findlaw.com Published On :: 2016-12-20T08:00:00+00:00 (Court of Appeals of New York) - In a contracts action arising from a dispute over the auction sale of a syndicated loan, the Appellate Division's grant of defendant's motion for summary judgment is reversed where the lack of a written sales agreement and plaintiffs' failure to submit a timely cash deposit were not conditions precedent to the formation of the parties' contract and do not render their agreement unenforceable. Full Article Commercial Law Contracts
ba Baughman v. Hickman By feeds.findlaw.com Published On :: 2019-08-15T08:00:00+00:00 (United States Fifth Circuit) - Affirmed. In the case of a man who alleged a constitutional violation related to his injuries while in custody, the dismissal of all federal claims for failure to state a claim affirmed, as was the decision not to exercise supplemental jurisdiction over a Texas law claim. Full Article Constitutional Law Civil Procedure Injury & Tort Law
ba Bay Point Properties, Inc. v. MS Transportation Co. By feeds.findlaw.com Published On :: 2019-08-27T08:00:00+00:00 (United States Fifth Circuit) - Affirmed. The district court properly dismissed a suit brought by a man whose state court award in a Takings Clause suit against state officials was unsatisfying to him. The State was entitled to sovereign immunity. Full Article Civil Procedure Constitutional Law
ba O'Bannon, Jr. v. NCAA By feeds.findlaw.com Published On :: 2015-09-30T08:00:00+00:00 (United States Ninth Circuit) - In an action challenging NCAA rules prohibiting student-athletes from being paid for the use of their names, images, and likenesses, the district court's judgment for plaintiffs is affirmed in part and reversed in part where: 1) the NCAA's rules are not exempt from the Sherman Antitrust Act, 15 U.S.C. section 1, and are subject to the Rule of Reason; and 2) the district court's permanent injunction ordering the NCAA to allow members schools to pay students up to $5,000 a year in deferred compensation was erroneous. Full Article Antitrust & Trade Regulation Sports Law
ba National Football League Management Council v. National Football League Players Association By feeds.findlaw.com Published On :: 2016-04-25T08:00:00+00:00 (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. Full Article Labor & Employment Law Sports Law Dispute Resolution & Arbitration
ba Mission Bay Alliance v. Office of Community Investment and Infrastructure By feeds.findlaw.com Published On :: 2016-11-29T08:00:00+00:00 (California Court of Appeal) - In an appeal from the trial court's denial of two consolidated petitions to set aside the certification of the environmental impact report and related permits for the construction of an arena to house the Golden State Warriors basketball team, as well as other events, and the construction of adjacent facilities, in the Mission Bay South redevelopment plan area of San Francisco, the trial court's judgment is affirmed where there is no merit to plaintiffs' objections to the sufficiency of the city's environmental analysis and its approval of the proposed project. Full Article Sports Law Environmental Law Government Law
ba Finkelman v. National Football League By feeds.findlaw.com Published On :: 2017-12-15T08:00:00+00:00 (United States Third Circuit) - Reversing a district court determination that a man complaining that the NFL's policies relating to the sale of SuperBowl tickets violated New Jersey law lacked subject matter jurisdiction and deferring action on the merits of the appeal pending a decision by the Supreme Court of New Jersey on a petition for certification of questions of state law, retaining jurisdiction over the appeal pending resolution of the certification. Full Article Sports Law Entertainment Law Civil Procedure Commercial Law
ba Dent v. National Football League By feeds.findlaw.com Published On :: 2018-09-06T08:00:00+00:00 (United States Ninth Circuit) - Held that federal labor law did not preempt retired football players' claims that the National Football League encouraged them to take pain-masking medications without warning them of the drugs' risks. The NFL contended that the players' claims were preempted by sections 301 of the Labor Management Relations Act. Rejecting the league's argument, the Ninth Circuit concluded that, as pleaded, the players' negligence and other state law claims did not arise from collective bargaining agreements or require their interpretation. The panel therefore reversed dismissal of the proposed class action suit. Full Article Labor & Employment Law Sports Law Injury & Tort Law
ba Spinelli v. National Football League By feeds.findlaw.com Published On :: 2018-09-11T08:00:00+00:00 (United States Second Circuit) - Reinstated sports photographers' copyright infringement claims against the National Football League and the Associated Press. Seven photographers who make a living taking photos of NFL events alleged that thousands of their photos were exploited without a license and without compensating them in any way. Vacating in part and remanding, the Second Circuit held that some of the photographers' claims were plausibly pleaded. Full Article Copyright Media Law Sports Law
ba Long v. Forty Niners Football Co. LLC By feeds.findlaw.com Published On :: 2019-03-26T08:00:00+00:00 (California Court of Appeal) - Held that a man who was shot in the parking lot after a professional football game could not proceed with his personal injury claims. His lawsuit against the football team was barred by the statute of limitations. Affirmed a dismissal. Full Article Sports Law Civil Procedure Injury & Tort Law
ba Balfour Beatty Infrastructure, Inc. v. Mayor and City Council of Baltimore By feeds.findlaw.com Published On :: 2017-04-25T08:00:00+00:00 (United States Fourth Circuit) - In a construction company's suit against a city for breach of contract, alleging that the city unlawfully assessed liquidated damages against the company for failure to complete a construction project on time, the district court’s dismissal for lack of subject matter jurisdiction is affirmed where plaintiff is not excused from the normal requirement of administrative exhaustion under Maryland law. Full Article Government Contracts Construction Contracts
ba Cinema West, LLC v. Baker By feeds.findlaw.com Published On :: 2017-06-30T08:00:00+00:00 (California Court of Appeal) - Affirming the superior court's determination that a movie theater being constructed using a loan from the city government and receiving city grant funds was subject to California's prevailing wage laws as they apply to 'public works.' Full Article Labor & Employment Law Government Contracts Commercial Law Construction
ba 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
ba Allied Concrete and Supply Co. v. Baker By feeds.findlaw.com Published On :: 2018-09-20T08:00:00+00:00 (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. Full Article Construction Transportation Labor & Employment Law
ba Findleton v. Coyote Valley Band of Pomo Indians By feeds.findlaw.com Published On :: 2018-09-25T08:00:00+00:00 (California Court of Appeal) - Affirmed that a construction contractor was entitled to recover attorney fees he incurred in seeking to enforce his right to arbitrate a claim that an Indian tribe failed to pay him for his work. Full Article Construction Indian Law Attorney's Fees
ba Trustees of the Suburban Teamsters v. The E Company By feeds.findlaw.com Published On :: 2019-01-29T08:00:00+00:00 (United States Seventh Circuit) - Held that a construction business that ceased operations and cut off its pension contributions was subject to withdrawal liability under ERISA's Multiemployer Pension Plan Amendments. Affirmed summary judgment in favor of a labor union pension fund. Full Article ERISA Construction
ba 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
ba Barrett v. Berryhill By feeds.findlaw.com Published On :: 2018-10-12T08:00:00+00:00 (United States Fifth Circuit) - Affirmed that a claimant seeking Social Security disability benefits had no absolute right to pose questions to a government-employed medical consultant who reviewed his medical file and assessed his physical limitations. Instead, the right to such questioning depends on a case-by-case assessment of the need for cross-examination. Full Article Government Benefits
ba Bank Draft Scam - CONTACT DR HILARRY NDUBEM NOW By feedproxy.google.com Published On :: Fri, 04 Apr 2014 01:24:27 +0200 BARR. Katie Richardson wants you to contact DR HILARRY NDUBEM. Do not contact any of these swindlers... ever! Full Article
ba NatWest Credit Card Services Banking Phishing Scam By feedproxy.google.com Published On :: Sat, 05 Apr 2014 22:12:47 +0200 An extremely legitimate looking phishing scam aimed at NatWest credit card holders. Full Article
ba Flags and Banners Spam - Assistance please By feedproxy.google.com Published On :: Mon, 07 Apr 2014 21:59:07 +0200 A general spammer that tries to throw in everything he can in one e-mail, from flags and banners and PVC printing to mosquito nets and aluminum fold-away wash lines. This spammer is an electronic convenience store! Full Article
ba Banking Phishing Scam - Nedbank transaction notification #2410-779 By feedproxy.google.com Published On :: Mon, 07 Apr 2014 22:49:02 +0200 Phishing scammers targeting Nedbank customers with malware. Full Article
ba Banking Phishing Scam - ABSA Global business customers certificate update By feedproxy.google.com Published On :: Mon, 07 Apr 2014 23:03:47 +0200 Malware phishing scammers targeting ABSA customers with the ZBot Trojan. Full Article
ba Bank Draft Scam - TREAT AS URGENT By feedproxy.google.com Published On :: Mon, 21 Apr 2014 18:29:57 +0200 Follow-up e-mail from Hillary Ndubem, the new beneficiary of Mrs Ruth Mohammed's funds, as assigned by Barr. Katie Richardson. Full Article
ba Job Offer Scam - Job Bank: Employment, Job Search, Careers, Computer Jobs By feedproxy.google.com Published On :: Mon, 21 Apr 2014 22:44:36 +0200 Cliff is offering you the job of shipping manager assistant. The problem is, there is no job, so there is no salary, only a scammer waiting to take your money. This is the worst type of scammer, taking money from unemployed people. Full Article
ba Standard Bank Phishing Scam - Debit Order Authorization By feedproxy.google.com Published On :: Mon, 21 Apr 2014 23:24:18 +0200 A Liberty Life Debit Order Authorization from Microsoft, via Standard Bank. This is enough to make anyone confused. Clearly these phishing scammers did not think this one through. Full Article
ba eBay Phishing Scam - Question about Item #622356725421 - Respond Now By feedproxy.google.com Published On :: Thu, 24 Apr 2014 21:13:33 +0200 An eBay phishing scammer trying to pique your curiosity. Full Article
ba Banking Phishing Scam - Chase Alert(SM): Notice for your Account By feedproxy.google.com Published On :: Mon, 14 Jul 2014 21:28:50 +0200 A fake Chase e-mail that has PHISHING written all over it. Full Article
ba Banking Phishing Scam - Your StandardBank Cash Rewards Programme By feedproxy.google.com Published On :: Sat, 13 Sep 2014 09:25:42 +0200 Phishing scammers using UCount awards as bait to steal your Standard Bank Internet Banking login details. Full Article
ba Government of the Province of Manitoba v. Bernhardt By feeds.findlaw.com Published On :: 2019-05-03T08:00:00+00:00 (United States DC Circuit) - Held that the State of Missouri lacked legal standing to sue the federal government on behalf of its citizens to challenge a federal water supply project that will divert billions of gallons of Missouri River water. The issue involved so-called parens patriae standing. Affirmed a dismissal. Full Article Environmental Law Civil Procedure
ba Hubbard v. Coastal Commission By feeds.findlaw.com Published On :: 2019-07-31T08:00:00+00:00 (California Court of Appeal) - Affirmed. Plaintiff sought to prevent the rebuilding of an equestrian facility following a fire by filing a petition to have the Coastal Commission to revoke the required coastal development permit on the grounds that the regulation used to make the decision was not interpreted correctly. The appeals court disagreed. Full Article Environmental Law Administrative Law
ba Barclay Hollander Corp. v. Cal. Regional Water Quality Control By feeds.findlaw.com Published On :: 2019-08-07T08:00:00+00:00 (California Court of Appeal) - Affirmed the judgment upholding the Defendant, Water Board’s, determination that Plaintiff was jointly and severally responsible for the cleanup and abatement of petroleum residue or waste. Plaintiff sought a reversal of order denying petition to overturn that determination. Full Article Environmental Law Administrative Law
ba United Keetoowah Band of Cherokee Indians in Oklahoma v. FCC By feeds.findlaw.com Published On :: 2019-08-09T08:00:00+00:00 (United States DC Circuit) - Granted in part. In a petition to review an order loosening regulations to allow microcell transmission towers supporting cell phone reception to be built on or near Native American cultural sites, the FCC's determination that it wasn't in the public interest to review small cell deployment was arbitrary and capricious. Full Article Communications Law Environmental Law Indian Law
ba DRK Photo v. McGraw Hill Global Education Holdings, LLC By feeds.findlaw.com Published On :: 2017-09-12T08:00:00+00:00 (United States Ninth Circuit) - Affirming summary judgment to the defendant schoolbook publisher against a stock photography agency complaining of copyright infringement because they were nonexclusive licensing agents for the photos at issue and failed to demonstrate adequate ownership interest to confer standing. Full Article Copyright Civil Procedure Intellectual Property
ba Shame on You Productions v. Elizabeth Banks By feeds.findlaw.com Published On :: 2018-06-21T08:00:00+00:00 (United States Ninth Circuit) - In this copyright and attorney fees case the 9th Circuit affirmed the Central District Court opinion awarding attorneys fees to defendants under 17 USC section 505. Plaintiff file suit claiming copyright infringement and breach of implied contract alleging that the film, Walk of Shame, was copied from a screenplay given to the defendants seven years before the film was released. The District Court found that there was no substantial similarity between the screen play and the film and dismissed the federal copyright claim with prejudice and dismissed the state law contract claim without prejudice. Defendants filed a motion for attorneys fees and costs which was granted. The 9th Circuit, finding no abuse of discretion affirmed the attorney fee award. Full Article Civil Procedure Copyright Contracts
ba Spinelli v. National Football League By feeds.findlaw.com Published On :: 2018-09-11T08:00:00+00:00 (United States Second Circuit) - Reinstated sports photographers' copyright infringement claims against the National Football League and the Associated Press. Seven photographers who make a living taking photos of NFL events alleged that thousands of their photos were exploited without a license and without compensating them in any way. Vacating in part and remanding, the Second Circuit held that some of the photographers' claims were plausibly pleaded. Full Article Copyright Media Law Sports Law
ba Hawkins v. Community Bank of Raymore By feeds.findlaw.com Published On :: 2016-03-22T08:00:00+00:00 (United States Supreme Court) - In a case involving personal guaranties to secure real estate development loans, the judgment of the Eighth Circuit in favor of the lender is affirmed by an equally divided court. Full Article Property Law & Real Estate Constitutional Law Banking Law
ba Federal Home Loan Bank of Bost v. Moody's Corp. By feeds.findlaw.com Published On :: 2016-05-02T08:00:00+00:00 (United States First Circuit) - In a case arising out of the near-collapse of the mortgage-backed securities market, alleges that various rating agencies falsely gave out triple-A ratings to mortgage-backed securities they knew were far riskier than indicated by their pristine ratings, the District Court's dismissal of plaintiff's claims on jurisdictional grounds is reversed where it erred in finding that it lacks statutory power to transfer this action to another federal court in which personal jurisdiction over certain defending parties may be met. Full Article Civil Procedure Securities Law Banking Law
ba Trafon Group, Inc. v. Butterball LLC By feeds.findlaw.com Published On :: 2016-05-03T08:00:00+00:00 (United States First Circuit) - In a suit alleging defendant breached an exclusive distribution agreement in violation of Puerto Rico's Law 75 of June 24, 1964, P.R. Laws Ann. tit. 10 section 278, the District Court's denial of a preliminary injunction against defendant and dismissal of the complaint is affirmed where plaintiff's claim was barred under Law 75's three-year statute of limitations and properly under Federal Rule of Civil Procedure 56(f). Full Article Civil Procedure Contracts
ba Vannoy v. Fed. Reserve Bank of Richmond By feeds.findlaw.com Published On :: 2016-06-28T08:00:00+00:00 (United States Fourth Circuit) - In an employment discrimination action, contending that defendant-employer interfered with and retaliated against plaintiff, a former employee, in violation of the Family and Medical Leave Act (FMLA) and failed to accommodate and discriminatorily discharged plaintiff in violation of the Americans with Disabilities Act (ADA), the district court's grant of summary judgment to defendants is: 1) affirmed as to plaintiff's FMLA retaliation claim and ADA claims; but 2) vacated as to plaintiff's FMLA interference claim where genuine issues of material fact exist. Full Article Civil Rights Labor & Employment Law Health Law
ba Crupar-Weinmann v. Paris Baguette America, Inc. By feeds.findlaw.com Published On :: 2017-06-26T08:00:00+00:00 (United States Second Circuit) - Dismissal of a class-action suit alleging a willful violation of the Fair and Accurate Credit Transactions Act (FACTA) is affirmed because subsequent legislation clarified that receipts with credit card expiration dates do not raise a material risk of identity theft and no specific harm was alleged. Full Article Class Actions Commercial Law Consumer Protection Law
ba 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
ba American Bankers Association v. National Credit Union Administration By feeds.findlaw.com Published On :: 2019-08-20T08:00:00+00:00 (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. Full Article Administrative Law Civil Procedure Banking Law
ba Rozumalski v. W.F. Baird & Associates, Ltd By feeds.findlaw.com Published On :: 2019-08-22T08:00:00+00:00 (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. Full Article Civil Procedure Labor & Employment Law
ba Bay Point Properties, Inc. v. MS Transportation Co. By feeds.findlaw.com Published On :: 2019-08-27T08:00:00+00:00 (United States Fifth Circuit) - Affirmed. The district court properly dismissed a suit brought by a man whose state court award in a Takings Clause suit against state officials was unsatisfying to him. The State was entitled to sovereign immunity. Full Article Civil Procedure Constitutional Law