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Man killed by garbage truck driven by 'close friend' in San Remo

A man is hit and killed by a garbage truck on the NSW Central Coast, with the driver left "significantly traumatised" as the men had become good friends over the years.



  • ABC Radio Central Coast
  • centralcoast
  • Disasters and Accidents:Accidents:All
  • Australia:NSW:San Remo 2262

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Two injured, thousands evacuated after barge carrying fireworks catches fire off Terrigal beach

Two men are injured and thousands forced to evacuate after a barge catches fire during a New Year's Eve fireworks display at Terrigal Beach, on the New South Wales central coast.





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Bupa's ninth aged care home sanctioned in 12 months over 'severe risk' to residents

Another Bupa aged care home is sanctioned over what the Department of Health identified as a "severe risk to the health, safety and wellbeing of care recipients".




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Kindness calls reach thousands of Ohio State students

Heading into finals week, departments and units across The Ohio State University made kindness calls to our students, checking in on them during these stressful times. <a href="https://news.osu...




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4-star center Sanogo reclassifies to 2020, verbally commits to UConn




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MMA Podcast: Adesanya, Miocic, others join the show




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CSUN sets its sights on San Diego in 2010

This year, after more than two decades in Los Angeles, the world's largest conference on technology and people with disabilities is pulling up stakes and taking the show south to the Manchester Grand Hyatt Hotel in San Diego, California.




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County of San Diego Department of Child Support Services v. C.P.

(California Court of Appeal) - Held that a father was not entitled to an adjustment in the child support arrears that accrued during his incarceration in federal prison. Vacated the decision below and remanded for further proceedings in this family court matter.




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Diocese of San Joaquin v. Gunner

(California Court of Appeal) - In a case concerning the ownership of property that belonged to the Dioceses before the disaffiliation of a majority of members from the Episcopal Church in the U.S., the trial court's judgment in favor of plaintiffs is affirmed where, although the trial court made certain errors, applying neutral principles of law, the property belongs to plaintiffs.



  • Tax-exempt Organizations
  • Property Law & Real Estate
  • Corporation & Enterprise Law

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Smith v. Barnesandnoble.com, LLC

(United States Second Circuit) - In a suit alleging direct and contributory copyright infringement by defendant Barnesandnoble.com, which, under license, uploads books and book samples to digital 'lockers' that the defendant maintains for its individual customers, and when the license granted by plaintiff was terminated, defendant did not delete a sample of plaintiff's book, the District Court's dismissal of the complaint at summary judgment is affirmed where the allegedly infringing conduct was authorized by the contracts at issue.




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Santopietero v. Howell

(United States Ninth Circuit) - In an action in which a street performer-plaintiff and her friend, both dressed in 'sexy cop' costumes, posed with pedestrians on the Las Vegas Strip and accepted tips in exchange for photos, alleging plaintiff was unlawfully arrested for conducting business without a license, in violation of her First Amendment rights, the district court's summary judgment in favor of Las Vegas Metropolitan Police Department officers is reversed in part where: 1) the full First Amendment protections accorded to plaintiff's own activities did not lapse because of what her friend said or did without plaintiff's direct participation; and 2) plaintiff associated with her friend only for expressive activity protected under Berger v. City of Seattle, 569 F. 3d 1029 (9th Cir. 2009) (en banc), and the district court erred by deciding that the officers had probable cause to arrest plaintiff despite the First Amendment protections afforded to her expressive association.




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Cleveland Nat. Forest v. San Diego Assn. of Governments

(Supreme Court of California) - Reversing the judgment of the Court of Appeal insofar as it determined that a 2011 analysis of greenhouse gas emission impacts prepared as part of a project for the development of transportation infrastructure in San Diego was inadequate and required revision.




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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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Sanchez v. Davis

(United States Fifth Circuit) - Affirmed. Even if an attorney's failure to object to a question about his immigration status during a murder trial had been ineffectual assistance it was not prejudicial.




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Scunthorpe Sans

A s*** font that f***ing censors swearing automatically




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Sanchez v. Davis

(United States Fifth Circuit) - Affirmed. Even if an attorney's failure to object to a question about his immigration status during a murder trial had been ineffectual assistance it was not prejudicial.




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Transfer Gossip: Sancho becomes Barca backup plan, Lampard rings Mertens




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Report: City prepared to keep Bayern Munich target Sane this summer




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K League Matchday 1 betting preview: Expect fireworks in Ulsan




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Gold Value International Textile Inc. v. Sanctuary Clothing, LLC

(United States Ninth Circuit) - Held that a clothing manufacturer could not proceed with a copyright infringement lawsuit against a competitor that allegedly copied a fabric design because the copyright registration was invalid due to knowingly inaccurate paperwork. Affirmed summary judgment for the defendants.




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Wilson v. County of San Joaquin

(California Court of Appeal) - Reversed. Plaintiff pled no contest to a felony charge of child abuse for injuries to his infant son, but filed this suit against Defendant, Fire Department, for the emergency medical aid that allegedly led to the death of his infant son. Defendant filed a summary judgment motion that was granted by the trial court on the grounds of government immunity. The appeals court held that government immunity applies to situations where fire fighters are supplying firefighting services, not emergency medical services.




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Huerta v. City of Santa Ana

(California Court of Appeal) - Affirmed. Plaintiffs are the parents of three girls who were killed by a speeding motorist while they crossed the street in a marked crosswalk. Plaintiff brought an action against the City of Santa Ana claiming that the crosswalk qualified as a dangerous condition on public property. The appeals court did not find a dangerous condition or any peculiar condition that would trigger an obligation by the City.




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Karas-Durante v. County of Santa Clara

(California Court of Appeal) - Held that a homeowner was not entitled to a refund of property taxes. County officials correctly determined that there was a change in ownership of a house she co-owned with her sister, which triggered a reassessment of its value. Affirmed a judgment after trial.



  • Tax Law
  • Property Law & Real Estate

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DFS Group, L.P. v. County of San Mateo

(California Court of Appeal) - Held that a county tax assessor incorrectly determined the value, for property tax purposes, of a concessionaire's lease at San Francisco International Airport.




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Wright v. County of San Mateo

(California Court of Appeal) - Held that homeowners were not disqualified from taking a tax break. California has a special tax provision benefitting homeowners over 55 years of age when they relocate to a replacement dwelling in the same county. Reversed the trial court.




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SSL Landlord LLC v. County of San Mateo

(California Court of Appeal) - Held that a plaintiff in a tax refund lawsuit was not entitled to an award of attorney fees. Affirmed the ruling below.




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SSL Landlord LLC v. County of San Mateo

(California Court of Appeal) - Held that a plaintiff in a tax refund lawsuit was not entitled to an award of attorney fees. Affirmed the ruling below.




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City and County of San Francisco v. Regents of the University of California

(Supreme Court of California) - Held that it is constitutional for San Francisco to impose a tax on drivers who park their cars in paid parking lots, even when the parking lot is operated by a state university.




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Nguyen v. Nissan North America, Inc.

(United States Ninth Circuit) - Reversed. District court’s denial of plaintiff’s motion for class certification met the predominance requirement of FRCP 23(b)(3). Plaintiff’s proposed damages model was consistent with his theory of liability, where cost-of-repair damages could be used in claims arising from a defective hydraulic clutch system.




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Medical Board of California v. The Superior Court of the City and County of San Francisco

(California Court of Appeal) - Granting a writ petition in the case of a doctor who contested the introduction of arrest records relating to his conviction for possession of cocaine in professional misconduct proceedings and the tension between the Penal Code section stating that successful completion of a diversion program should not be used in a way that could result in the loss of a license and the Business and Professions Code section stating that the successful completion of diversion does not prohibit the agency from taking disciplinary action, holding that the latter statute was controlling.




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Magana v. The Superior Court of San Mateo County

(California Court of Appeal) - Denying a petition for writ of mandate or prohibition challenging a trial judge's refusal to disqualify himself and for the attorney's removal as defense counsel in a case where the defense attorney engaged in a series of procedural delays in his defense of a man charged with two counts of rape that the court eventually held was denying the victim, defendant, and government their right to a speedy trial because the court correctly found that his motion to disqualify was untimely and the trial court had the authority to remove defense counsel to ensure adequate representation is provided and to avoid the substantial impairment of court proceedings... a rarely exercised authority that was held to be appropriate in this instance.




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City of San Diego v. Superior Court (Hoover)

(California Court of Appeal) - Held that there was no need to disqualify a city attorney's office from representing the city in a police officer's employment lawsuit. The officer argued that disqualification was necessary because she had been forced to answer questions about her lawsuit during a police internal affairs interview about another matter. Ordered the trial court to vacate its order disqualifying the city attorney's office.



  • Ethics & Professional Responsibility
  • Labor & Employment Law

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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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Sander v. State Bar of California

(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.




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American Beverage Association v. City and County of San Francisco

(United States Ninth Circuit) - In an en banc opinion, addressed the constitutionality of a San Francisco ordinance that requires health warnings to be included in advertisements for certain sugar-sweetened beverages. Industry groups challenged the ordinance, contending that it violates freedom of commercial speech. Finding this argument persuasive, the Ninth Circuit held that the district court should have granted a preliminary injunction against the ordinance.




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Apple Inc. v. The Superior Court of Santa Clara County

(California Court of Appeal) - Issuing a peremptory writ of mandate and vacating the superior court's refusal to apply the Braddock rule, requiring that the court assess demand futility as to the board in place when an amended complaint is filed in a corporate action, because the rule is consistent with relevant aspects of California law.




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Summers v. The Superior Court of San Francisco County

(California Court of Appeal) - Construing the appeal of a trial court order requiring a party whose ownership interests were contested to be a petition for writ of mandate and holding that partition statutes don't allow a court to order the manner of a property's partition before determining the ownership interests of the property at stake, reversing the court's order.




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City of Santa Maria v. Adam

(California Court of Appeal) - In a water law action, arising from a dispute between landowners and public water producers over rights to groundwater contained in the Santa Maria Valley Groundwater Basin, the trial court's amended judgment is affirmed where: 1) the trial court properly quieted title even though it did not quantify the proportionate prescriptive loss attributed to specified parcels; 2) the trial court did not err in its prevailing party determination for the purposes of determining costs.




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Santa Clarita Org. etc. v. Castaic Lake Water Agency

(California Court of Appeal) - In a lawsuit to unwind a public water agency's acquisition of all of the stock of a retail water purveyor within its territory, the trial court's order refusing to unwind the transaction is affirmed where: 1) the streamlined procedures available for validating certain acts of public agencies, Code Civ. Proc.section 860 et seq., are inapplicable; 2) substantial evidence supports the trial court's factual finding that the purveyor did not become the agency's alter ego in this case; and 3) the agency did not violate article XVI, section 17.




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Santiago-Ramos v. Autoridad de Energia Electrica de Puerto Rico

(United States First Circuit) - In a public utilities class action, contending that defendant power company (PREPA)'s subsidized municipalities' private use of power in violation of Puerto Rico law, the district court's grant of summary judgment to defendant is affirmed where plaintiffs' lack of a valid protected interest in the electricity consumed by the municipalities or the funds paid to PREPA deprive them of standing to bring takings or due process claims.




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Hensley v. San Diego Gas &amp; Electric Co.

(California Court of Appeal) - In a case in which the Court of Appeals previously dismissed the appeal of plaintiffs from a nonappealable stipulated judgment pursuant to a settlement agreement, and the parties entered into an amended stipulated judgment, the trial court's decision is reversed where: 1) the amended stipulated judgment is final and appealable and the court's opinion, with respect to the trespass and nuisance claims only, is not advisory; 2) on the merits, plaintiffs were legally entitled to present evidence of plaintiff's emotional distress on their claims for trespass and nuisance as annoyance and discomfort damages recoverable for such torts; and 3) the trial court excluded evidence of emotional distress damages in their entirety.




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Jacks v. City of Santa Barbara

(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.




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Puerto Rico Telephone Co. v. San Juan Cable

(United States First Circuit) - In an antitrust action, alleging that defendant's petitioning of the Puerto Rico Telecommunications Regulatory Board, government officials and tribunals, and commonwealth and federal courts to prevent plaintiff's application to provide internet protocol television service violated the Sherman Act, the district court's grant of summary judgment to defendant is affirmed where the facts of the case don't subject defendant to the sham exception of the Noerr-Pennington doctrine protecting the right to petition the government.




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City and County of San Francisco v. Uber Technologies Inc.

(California Court of Appeal) - Held that ride-sharing company Uber must comply with administrative subpoenas issued by San Francisco's City Attorney seeking data submitted to the California Public Utility Commission. Affirmed the decision below, rejecting Uber's confidentiality arguments.




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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.