ay

Advanced Building and Fabrication Inc. v. Ayers

(United States Ninth Circuit) - Held that an employee of the California State Board of Equalization violated clearly established law by participating in law enforcement's execution of a search warrant at the business premises of a man with whom he had a recent altercation. Affirmed the denial of his motion seeking qualified immunity in this lawsuit alleging civil rights and tort claims.




ay

Gaylor v. Peecher

(United States Seventh Circuit) - Upheld an Internal Revenue Code provision that excludes housing allowances from ministers' taxable federal income. An advocacy group contended that the tax provision violates the First Amendment's Establishment Clause. Disagreeing, the Seventh Circuit held that the longstanding tax code exemption for religious housing is constitutional, reversing the district court.




ay

Howard Jarvis Taxpayers Assn. v. Newsom

(California Court of Appeal) - Affirmed. The court found that Senate Bill No. 1107 directly conflicts with Political Reform Act of 1974 and does not further the purposes of the Act.




ay

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.




ay

National Lawyers Guild v. City of Hayward

(California Court of Appeal) - Held that a city was entitled to invoice the National Lawyers Guild for certain costs incurred in complying with the Guild’s requests for production of documents under the California Public Records Act, including billing for the time that city employees spent redacting police body camera videos.




ay

Boschetti v. Pacific Bay Investments Inc.

(California Court of Appeal) - Held that the trial court lacked authority to order dissolution of certain out-of-state business entities, in a dispute between partners in a general partnership that owned those entities. Affirmed the trial court's orders.



  • Corporation & Enterprise Law

ay

Holloway v. Showcase Realty Agents, Inc.

(California Court of Appeal) - Reversing the dismissal of a claim relating to the alleged conflict of interest in the acquisition of property by the San Lorenzo Valley Water District's acquisition of property where one of the District's directors had partial ownership of the agency facilitating the sale of the property and whose wife was its listing agent because the former owner had standing under the Government Code to bring the action and that the action was not subject to validation statutes because it was a conflict of interest rather than a contracts claim.




ay

Save Lafayette Trees v. City of Lafayette

(California Court of Appeal) - In an amended opinion, revived a citizen group's claim that a city violated the California Environmental Quality Act when it authorized a utility company to remove numerous trees within its local natural gas pipeline rights-of-way. Reversed a demurrer ruling, in relevant part.




ay

Churchman v. Bay Area Rapid Transit Dist

(California Court of Appeal) - Affirmed. Plaintiff sued Defendant for a slip and fall accident in the BART station on the theory that the train operator owed a heightened duty of care under Civil Code section 2100. The trial court dismissed the action on the grounds that Defendant had no liability for accidents that did not occur on the train. The appeals court agreed also holding that section 2100 does not apply to minor commonplace hazards in a train station.




ay

Pleasure-Way Industries, Inc. v. US

(United States Federal Circuit) - Pleasure-Way purchased vans in the US and converted them into motorhomes at a manufacturing facility in Canada. When they sought to import the motorhomes back into the United States they contested the denial of a favorable tariff rate for goods reentering the US after repair or alteration in Canada or Mexico. However, repair or alteration was held to be less drastic than the remaking of a product into a new or different article, and the court affirmed the judgment of the Court of International Trade imposing the higher rate.




ay

Jayone Foods v. Aekyung Industrial Co. Ltd.

(California Court of Appeal) - Held that a Korean manufacturer/distributor of household products was subject to specific personal jurisdiction in California. The company was being sued in connection with a consumer's death allegedly from long-term use of a humidifier cleaning agent. Reversed an order quashing service of summons.




ay

GATEWAY INC. v. COMPANION PRODS.

(United States Eighth Circuit) - Defendant's product infringed plaintiff-Gateway's black and white cow and spots trademark where the spots have acquired distinctiveness through secondary meaning, is not functional, and is entitled to protection.




ay

Sangaray v. West River Associates

(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.



  • Property Law & Real Estate
  • Injury & Tort Law

ay

People v. Gray

(Court of Appeals of New York) - Conviction for second-degree intentional murder is affirmed where defendant's attorney did not render ineffective assistance of counsel by failing to move to reopen the suppression hearing following a detective's trial testimony about his interview with defendant.



  • Criminal Law & Procedure

ay

Bay Point Properties, Inc. v. MS Transportation Co.

(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.




ay

Gemmink v. Jay Peak Inc.

(United States Second Circuit) - In an injury action arising from a skiing accident, the district court's grant of summary judgment to defendant ski resort is affirmed where plaintiff failed to offer sufficient evidence of the link between his injuries and the assumed negligence of the defendant.




ay

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.




ay

National Football League Management Council v. National Football League Players Association

(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.



  • Labor & Employment Law
  • Sports Law
  • Dispute Resolution & Arbitration

ay

Mission Bay Alliance v. Office of Community Investment and Infrastructure

(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.




ay

Jackson v. Mayweather

(California Court of Appeal) - In a suit brought following the break up of plaintiff's relationship with a former boxing champion, alleging invasion of privacy (both public disclosure of private facts and false light portrayal), defamation and intentional and negligent infliction of emotional distress, based on defendant's social media postings about the termination of plaintiff's pregnancy and its relationship to the couple's separation and his comments during a radio interview concerning the extent to which plaintiff had undergone cosmetic surgery procedures, the trial court's denial of defendant's special motion to strike those causes of action pursuant to Code of Civil Procedure section 425.16 is reversed as to with respect to plaintiff's claims for defamation and false light portrayal, as well as her cause of action for public disclosure of private facts based on defendant's comments about plaintiff's cosmetic surgery. In all other respects, the judgment is affirmed.




ay

Solomon v. Bert Bell/Pete Rozelle NFL Player Retirement

(United States Fourth Circuit) - An award of Employee Retirement Income Security Act (ERISA) benefits to a former NFL player displaying symptoms of chronic traumatic encephalopathy (CTE) is affirmed where the board of the NFL Player Supplemental Disability Plan failed to follow a reasoned process or explain the basis of its determination to deny benefits.




ay

Dilley v. Holiday Acres Properties, Inc.

(United States Seventh Circuit) - Held that two riders seriously injured while horseback riding in Wisconsin could not pursue negligence claims against trail and stable operators, because their causes of action were barred by Wisconsin's equine-immunity statute, which blocks recovery for most injuries that result from an inherent risk of equine activities. Affirmed summary judgment and judgment on the pleadings against the riders, respectively.




ay

Mayall v. USA Water Polo, Inc.

(United States Ninth Circuit) - Held that a child who suffered head injuries while playing in a youth water polo league stated a claim that USA Water Polo acted negligently and unlawfully by failing to implement concussion-management and return-to-play protocols. Reversed the dismissal of a proposed class action brought by her parent on her behalf.




ay

Balfour Beatty Infrastructure, Inc. v. Mayor and City Council of Baltimore

(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.




ay

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.




ay

Russell City Energy Company, LLC v. City of Hayward

(California Court of Appeal) - Reversing an order sustaining a city's demurrer without leave to amend and dismissing a complaint to the extent that the order denied the plaintiff leave to amend in an action relating to an agreement between an energy company and a city whose terms may have violated the California Constitution because a quasi-contractual restitution claim would be permitted even if the Payments Clause at issue is unconstitutional.




ay

Hayes v. Harvey

(United States Third Circuit) - Reinstated a lawsuit brought by a family receiving governmental housing assistance seeking to enjoin their landlord from evicting them. The landlord argued that he was permitted to evict a family that received enhanced vouchers from the federal government once their lease expired. Rejecting the landlord's position, the Third Circuit held en banc that enhanced voucher holders may not be evicted absent good cause, even at the end of a lease term. The panel reversed summary judgment for the landlord and remanded.




ay

Ray v. Berryhill

(United States Seventh Circuit) - Held that the Social Security Administration made errors in evaluating a man's eligibility for disability insurance benefits and supplemental security income. The issue had to do with whether he could perform his former job as a school bus monitor. Vacated the district court's judgment and remanded to the agency for further proceedings.




ay

Reed v. Taylor

(United States Fifth Circuit) - Held that a civilly committed sexually violent predator could be required to pay for GPS monitoring or else face criminal prosecution, even though his sole income was Social Security. Affirmed a summary judgment ruling in a case involving a now-repealed Texas law.




ay

Mick Martin's Blues Party, May 2, 2020




ay

Paypal Phishing Scam - Attention! Your PayPal Account Could Be Suspended!

Phishing scammers need a little help scamming you!




ay

British Airways Phishing Scam - British Airways E-ticket receipts

Britis Airways E-ticket Phishing scam




ay

Tesla Generator Spam - PayAdvance.com Application for Membership

A "buy two for the price of one" type of spammer.




ay

SARS Phishing Scam - SARS eFiling Payment Adjudicated

The shortest phishing scam e-mail ever!




ay

Inheritance Fund Scam - Partnership Request by David Tanguay

This is not an e-mail from David Tanguay, it is from oldest-trick-in-the-book-419-scammer.




ay

Paypal Phishing Scam - Take Action

A very convincing Paypal Phishing scam. No matter how hard they try, to the trained eye, it will always be obvious that this is a scam.




ay

eBay Phishing Scam - Question about Item #622356725421 - Respond Now

An eBay phishing scammer trying to pique your curiosity.




ay

Paypal Phishing Scam - Important Message

The most confusing Paypal phishing scam ever!




ay

Save Lafayette Trees v. City of Lafayette

(California Court of Appeal) - In an amended opinion, revived a citizen group's claim that a city violated the California Environmental Quality Act when it authorized a utility company to remove numerous trees within its local natural gas pipeline rights-of-way. Reversed a demurrer ruling, in relevant part.




ay

Vermont Railway Inc. v. Town of Shelburne

(United States Second Circuit) - Held that a town could not enforce a hazardous substances ordinance against a railroad company that was building a road salt transloading facility. The ordinance was preempted by the Interstate Commerce Commission Termination Act. Affirmed a permanent injunction against the town.




ay

Barclay Hollander Corp. v. Cal. Regional Water Quality Control

(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.




ay

Murray Energy Corp. v. EPA

(United States DC Circuit) - Denied, remanded, and vacated. Challenges to the Environmental Protection Agency's 2015 revisions to the primary and secondary national ambient air quality standards for ozone were denied except with respect to secondary ozone, which was remanded for reconsideration and the grandfathering provision, which was vacated.




ay

Williams v. Gaye

(United States Ninth Circuit) - Largely affirming the decision against Pharrell Williams and Robin Thicke in a suit brought by the estate of Marvin Gaye over copyright infringement in the song Blurred Lines, but reversing the district court's decision to overturn the jury's general verdict in favor of certain parties because the defendants had waived any challenge to the consistency of the jury's general verdicts.




ay

Fahmy v. Jay-Z

(United States Ninth Circuit) - Affirming the district court's grant of judgment as a matter of law in favor of rapper Jay-Z and other defendants in the case of copyright infringement claims brought by the heir to an Egyptian composer's copyright on the arrangement of a song used as a sample in the hit single 'Big Pimpin' because the heri lacked standing to bring copyright claims. The rights had been transferred by an earlier agreement and Egyptian law recognizes a transferable right of adaptation.




ay

Williams v. Gaye

(United States Ninth Circuit) - Affirmed a judgment of copyright infringement. In an amended opinion, the Ninth Circuit largely affirmed the decision after a jury trial that musician Pharrell Williams, Robin Thicke, and Clifford Harris Jr.'s song Blurred Lines, the world's best-selling single in 2013, infringed the copyright in a 1977 Marvin Gaye song, Got To Give It Up. The panel also held that the award of actual damages and infringers' profits and its running royalty were proper.




ay

Fahmy v. Jay-Z

(United States Ninth Circuit) - In an amended opinion, held that an Egyptian musical composer's heir could not sue the rapper Jay-Z and other defendants for copyright infringement. Jay- Z had sampled the composer's 1957 musical arrangement in one of his hit songs. Affirmed judgment as a matter of law for the defendants, concluding that the composer's heir lacked standing.




ay

Today's Full Day in Pop Report

All of today's top pop music news stories




ay

US v. Nature's Way Marine LLC

(United States Fifth Circuit) - Held that the owner of a tugboat was also considered to be operating an oil barge that the tugboat was moving at the time the barge collided with a bridge, resulting in an oil spill in the Mississippi River. Affirmed partial summary judgment for the federal government in its lawsuit seeking to recover cleanup costs under the Oil Pollution Act.




ay

Save Lafayette Trees v. City of Lafayette

(California Court of Appeal) - Revived a citizen group's claim that a city failed to comply with the California Environmental Quality Act when it authorized a utility company to remove more than 250 trees within its local natural gas pipeline rights-of-way. Reversed an order sustaining the city's demurrer, in relevant part.




ay

Hawkins v. Community Bank of Raymore

(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.