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GRK Canada, LTD. v. US

(United States Federal Circuit) - Affirming the final judgment of the US Court of International Trade granting a Canadian company's motion for summary judgment in a suit where they argued that the screws they were importing to the US were properly classified as self-tapping screws under the Harmonized Tariff Schedule of the United States.




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Adidas America, Inc. v. Sketchers USA, Inc.

(United States Ninth Circuit) - Affirming in part and reversing in part a preliminary injunction prohibiting Sketchers from selling shoes that allegedly infringe and dilute Adidas's Stan Smith trade dress and three stripe mark, affirming that the district court did not abuse its discretion in issuing the preliminary injunction and reversing the portion issuing an injunction as to the Stan Smith trade dress, but reversing the portion relating to the three stripe mark because Adidas failed to establish the irreparable harm element of this particular claim.




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Adidas AG v. Nike, Inc.

(United States Federal Circuit) - Granted plaintiff's motion to remand. In light of the US Supreme Court decision, SAS Institute, Inc. v. Iancu, 138 S.Ct. 1348, plaintiff moved to remand to the Patent Trial and Appeal Board for further proceedings. The Federal Circuit reasoned that the decision in SAS established a process where the petitioner gets to define the proceeding and that all challenges raised in the petitions are to receive review by the Board.




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Acorda Therapeutics, Inc. v. Roxane Laboratories, Inc.

(United States Federal Circuit) - Affirmed that a pharmaceutical company's patent claims in a multiple sclerosis drug were invalid for obviousness. Several competitors seeking to market a generic version of the same drug raised the issue of obviousness when the company sued them for infringement. In a 2-1 decision, the Federal Circuit affirmed that the patent claims in question were invalid.




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People v. Badalamenti

(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.



  • Criminal Law & Procedure

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Wozniak v. Adesida

(United States Seventh Circuit) - Affirmed. A tenured teacher who waged an extended campaign against students who did not give him an award and sued the school when the Board of Trustees took action against him lost his appeal of the grant of summary judgment to the school. The First Amendment didn't protect his firing for intentionally causing harm to students and failing to follow the dean's instructions.




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People v. Ovieda

(Supreme Court of California) - At issue is whether police officers could enter a private residence without a warrant under a community care taking exception, as articulated in People v Ray (1999) 21 Cal.4th 464. The Court concluded any entry that falls short of a perceived emergency or other exigent circumstances does not satisfy the Fourth Amendment and that People v. Ray is disapproved.




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People v McDaniel

(California Court of Appeal) - Reversed. Defendant appealed from multiple convictions for robbery. He challenged the trial court’s admission of police interrogation statements, text exchange with his mother, and books and documents found in his car. The appeals court found that the police interrogation was properly admitted, but the text messages and the books and documents were not. This error by the trial court was prejudicial and therefore required reversal and remand.




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Planned Parenthood of Indiana v. Adams

(United States Seventh Circuit) - Affirmed. A preliminary injunction against enforcement of state laws requiring parental notification in the case of pregnant unemancipated minors seeking abortions was upheld.




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Miranda v. Selig

(United States Ninth Circuit) - In an antitrust suit brought by professional minor league baseball players, the district court's dismissal of the suit is affirmed because professional minor league baseball is exempt from federal antitrust laws.




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Gold Medal LLC v. USA Track and Field

(United States Ninth Circuit) - Affirmed that the U.S. Olympic Committee and USA Track and Field did not violate antitrust law by imposing advertising restrictions during the Olympic Trials. A chewing gum company that wished to pay to display its logo on athletes' apparel brought this suit to challenge the advertising restrictions. Rejecting the company's arguments, the Ninth Circuit held that the defendant organizations were entitled to implied antitrust immunity on the basis that their advertising restrictions were integral to performance of their duties under the Ted Stevens Olympic and Amateur Sports Act.




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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.




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Daniels v. FanDuel, Inc.

(United States Seventh Circuit) - Affirmed the dismissal of a lawsuit in which three former college football players contended that online fantasy-sports games violated their statutory right of publicity under Indiana law by using their names, pictures, and statistics without compensation. Relied on an answer to a question that had been certified to the Indiana Supreme Court.




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Autoridad de Energia Electrica v. Vitol SA Services, LLC

(United States First Circuit) - In a suit brought under a Puerto Rico 'Law 458', which prohibits government instrumentalities and public corporations from awarding bids or contracts to persons (including juridical persons) who have been convicted of 'crimes that constitute fraud, embezzlement or misappropriation of public funds listed in section 928b of this title,' P.R. Laws Ann. tit. 3, section 928, the district court's judgment remanding the case to the Commonwealth Puerto Rico Court of First Instance is affirmed where the forum selection clauses at issue were enforceable, and that the unanimity requirement of 28 U.S.C. section 1446(b)(2)(A) therefore could not be satisfied.




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Moda Health Plan, Inc. v. US

(United States Federal Circuit) - In this insurance law claim a health insurer contends that the US failed to satisfy its payment obligation under a federal health insurance pool program. The Court of Federal Claims entered judgement for the insurer. The Court of Appeals reversed the judgment stating that Congress suspended the governments obligation and that subsequent regulation did not create a contract promising full payment.




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Boatworks, LLC v. City of Alameda

(California Court of Appeal) - Struck down a portion of a city ordinance authorizing development impact fees for parks and recreation. Affirmed the lower court in relevant part, in this case involving California's Mitigation Fee Act.




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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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Changelog Malware Spam - Re: Changelog 2011 update

No, you did not request a changelog and yes you will get malware if you click on the link!




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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.




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Banking Phishing Scam - ABSA Global business customers certificate update

Malware phishing scammers targeting ABSA customers with the ZBot Trojan.




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Yahoo! Phishing Scam - ACCOUNT UPDATE

A very lame attempt at defrauding Yahoo! users.




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Canadian Pharmacy, Medications and Drug Spam - Image has been damaged

The Canadian Pharmacy Spammers are at it again, or should we say still at it again.




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Standard Bank Phishing Scam - Debit Order Authorization

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.




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Banking Phishing Scam - Your StandardBank Cash Rewards Programme

Phishing scammers using UCount awards as bait to steal your Standard Bank Internet Banking login details.




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Idaho Conservation League v. Wheeler

(United States DC Circuit) - Petition denied. The Environmental Protection Agency's decision not to issue financial responsibility requirements for the hardrock mining industry was permitted because the agency's interpretation of "risk" received deference and their decision not to regulate was authorized.




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Douglas Jordan--Benel v. Universal City Studios, Inc.

(United States Ninth Circuit) - In the appeal of a breach of contract and copyright infringement case involving the movie 'The Purge,' the district court's denial of defendant's anti-SLAPP motion to strike a state law claim for breach of implied-in-fact contract, is affirmed where the breach of contract claim did not arise from an act in furtherance of the right of free speech since the claim was based on defendants' failure to pay for the plaintiff's idea, not the creation, production, distribution, or content of the films.




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Disney Enterprises, Inc. v. Vidangel, Inc.

(United States Ninth Circuit) - Affirming a preliminary injunction against a company whose business involved purchasing physical copies of copyrighted movie and television shows, censoring objectionable content, and then ripping digital copies of their edited versions to stream to customers because the Family Movie Act and the anti-circumvention provision of the Digital Millennium Copyright Act did not permit the defendant's activities.




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Cobbler Nevada, LLC v. Gonzales

(United States Ninth Circuit) - Affirmed the dismissal of a copyright infringement action brought against an individual who allegedly downloaded and distributed (i.e., pirated) a movie through peer-to-peer BitTorrent networks. The individual argued that he was not liable for infringement even if the infringing Internet Protocol (IP) address was his, because multiple individuals could connect via his IP address. Agreeing with him and noting that he operated an adult foster care home, the Ninth Circuit held that the complaint failed to state a claim of either direct or contributory infringement.




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Tanksley v. Daniels

(United States Third Circuit) - Affirmed the dismissal of a TV producer's complaint alleging that the popular Fox Television series Empire infringed his copyright in a television pilot he had created a decade earlier. Moving to dismiss, the defendants contended that there was no substantial similarity between the two television shows. Agreeing, the Third Circuit affirmed the dismissal of the complaint.




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Today's Full Day in Pop Report

All of today's top pop music news stories




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Animal Legal Def. Fund v. FDA

(United States Ninth Circuit) - In a Freedom of Information Act (FOIA) case, challenging the FDA's decision to redact certain commercially-sensitive information concerning egg-production farms in Texas, the district court's grant of summary judgment to defendant is affirmed where the FDA properly withheld information under FOIA exemption 4 that was likely to cause substantial competitive harm.




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Planned Parenthood of Indiana v. Adams

(United States Seventh Circuit) - Affirmed. A preliminary injunction against enforcement of state laws requiring parental notification in the case of pregnant unemancipated minors seeking abortions was upheld.




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Daley v. Regents of the Univ. of Cal.

(California Court of Appeal) - Reversed. Plaintiff appealed from judgment that dismissed her medical battery cause of action as time-barred. The appeals court held that the discovery rule applies to medical battery claims under Code of Civil Procedure section 335.1 as a matter of law.




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Fannon v. Guidant Corp.

(United States Seventh Circuit) - In plaintiffs' consolidated securities action against defendants alleging fraud in connection with a merger, the judgment of the district court is affirmed where it did not abuse its discretion: 1) in dismissing the case with prejudice as the plaintiffs had a number of opportunities to craft a complaint that complied with the Private Securities Litigation Reform Act; 2) in denying plaintiffs' motion to vacate the judgment pursuant to Rule 59(e); and 3) in denying the plaintiffs' motion to file an amended complaint.




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Fox v. JAMDAT Mobile, Inc.

(California Court of Appeal) - In a stockholder's suit against a company and individual directors, claiming that both the acquisition process, and the common stock arising from the acquisition were unfair, the judgment of the trial court is affirmed in part, reversed in part and remanded where: 1) the doctrine of shareholder ratification does not bar the intervenor's claims; 2) the intervenor's complaint, which consists of a single cause of action states facts sufficient for a cause of action for breach of fiduciary duties as to the individual directors; and 3) trial court's judgment sustaining the demurrer as to the company is affirmed.




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WE BELONG: Marina V & Dan Navarro Release A Beautiful Rendition Of Pat Benatar's Hit

Award-winning Recording Artist MARINA V Teams Up With Legendary Singer/songwriter, DAN NAVARRO, For Their Artistic Rendition Of PAT BENATAR'S 1984 GRAMMY-nominated Hit, WE BELONG




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Ananya Joins Forces With Sean Kingston For 'Day Goes By'

One Of The First Collaborations Between Major Artists From India And The West




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In re US Office of Personnel Management Data Security Breach Litigation

(United States DC Circuit) - Revived claims that the U.S. Office of Personnel Management's woefully inadequate cybersecurity practices enabled hackers to steal personal data about millions of past and present federal employees. Reversed a dismissal in relevant part, in a lawsuit brought by labor unions and others arising out of a 2014 cyberattack.




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Harmon v. Dallas County, Texas

(United States Fifth Circuit) - Held that a former deputy constable may not proceed with his whistleblower retaliation and equal-protection claims. Some were barred by res judicata and others by qualified immunity. Affirmed a dismissal.




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Cal. Public Records Research, Inc. v. County of Alameda

(California Court of Appeal) - Reversed. Plaintiff brought a petition for writ of mandate claiming the fee charged by Defendant, County of Alameda, for copies of official records violated Government Code section 27366. Trial court granted petition and issued a preliminary injunction against Defendant and awarded attorney fees to Plaintiff. Appeals court found that the County did not abuse its discretion in determining the fee it charged or that section 27366 was violated.




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ALDF v. USDA

(United States Ninth Circuit) - Reversed in part, affirmed in part. Plaintiffs have standing for a Freedom of Information Act claim because the removal of compliance and enforcement records from the USDA website harmed them in real-world ways, differently from the injuries sustained by other Americans.




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HOLMESWOOD RELEASES SUPERSONIC COVER OF THE BEE GEES “YOU SHOULD BE DANCING”

Holmeswood Transports The Carefree Euphoria Of The Saturday Night Fever Disco Era Into The Future Fueled With Electro-techno-dubstep Vibes Up To Planet Holmeswood




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Vanda Pharmaceuticals Inc. v. West Ward Pharmaceuticals

(United States Federal Circuit) - Affirming the decision of the district court holding, after a bench trial, that the asserted claims of a patent relating to the treatment of schizophrenia with iloperidone administered based on the genotype of the patient were infringed and not invalid.




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Sumitomo Dainippon Pharma Co. Ltd. v. Emcure Pharmaceuticals Ltd.

(United States Federal Circuit) - Affirming that a chemical compound that mirrored a patented chemical compound was encompassed by the description that only portrayed one of the arrangements in the claim.




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AIDS Healthcare Foundation, Inc. v. Gilead Sciences, Inc.

(United States Federal Circuit) - Affirming the dismissal of a declaratory judgment action filed against the producer of several antiviral drugs used in the treatment of AIDS by an organization providing medical care to AIDS sufferers seeking to have patents declared invalid because the action failed to meet the requirements of the Declaratory Judgment Act.




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Minder inhoud & meer meta-communicatie door het coronavirus. Is dat erg?

Het is de maand van de meta-communicatie. Door het coronavirus vertellen we niet meer wat we doen, maar hoe we dat doen. Hoe moeten we thuiswerken met kinderen? Hoe kunnen we een online teammeeting inplannen? Hoe blijven we effectief in deze tijd? Deze vorm van communicatie heeft een naam: meta-communicatie. Wat is meta-communicatie precies? Wat […]




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Wordt AI nooit slimmer dan mensen?

Gaan we in de toekomst machines uitvinden die zichzelf verbeteren, waardoor we geen controle meer hebben over de technologische groei? Dit omslagpunt wordt ook wel singulariteit genoemd. In dit stuk ga ik verder in wat hiermee bedoeld wordt én waarom we dit misschien nooit zullen bereiken. Optimisme versus pessimisme Er heerst zowel optimisme als pessimisme […]




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Bedrijfsupdates tijdens corona: zo blijf je zichtbaar in Google

Nu we middenin de coronacrisis zitten en we voorlopig ook nog steeds met de beperkende maatregelen hebben te maken, hebben veel bedrijven het moeilijk. We weten niet hoe lang de situatie nog zo blijft. Als er op een bepaald moment nieuwe ontwikkelingen zijn, zoals een versoepeling van de maatregelen, dan wil je natuurlijk zo snel […]




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11 tips voor een productievere werkdag [infographic]

To-do-lijstjes die groter worden in plaats van kleiner, deadlines die zich opstapelen en een bomvolle agenda met afspraken. Het kan frustrerend zijn als je na een lange werkdag niet alles afgerond hebt wat je graag af wilde hebben. Zeker in deze periode waarin thuiswerken de normaalste zaak ter wereld is en alles op afstand moet. […]




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Ousted BARDA 'Whistleblower' Rick Bright: I Am Not Disgruntled -- 'I Am Frustrated at a Lack of Leadership'

Rick Bright, the former head of the Biomedical Advanced Research and Development Authority (BARDA), proclaimed by some in the media to be a "whistleblower" against the Trump administration, told CBS News that he was not a disgruntled employee.