mo Abbey House Media, Inc. v. Simon & Schuster, Inc. By feeds.findlaw.com Published On :: 2017-07-17T08:00:00+00:00 (United States Second Circuit) - Affirming the district court's grant of summary judgment that although Apple and a group of major publishers committed an unlawful antitrust conspiracy there was no antitrust injury that resulted. Full Article Media Law Antitrust & Trade Regulation
mo Diesel eBooks, LLC v. Simon & Schuster, Inc. By feeds.findlaw.com Published On :: 2017-07-17T08:00:00+00:00 (United States Second Circuit) - Affirming the district court's grant of summary judgment that although Apple and a group of major publishers committed an unlawful antitrust conspiracy there was no antitrust injury that resulted. Full Article Media Law Antitrust & Trade Regulation
mo Santiago-Ramos v. Autoridad de Energia Electrica de Puerto Rico By feeds.findlaw.com Published On :: 2016-08-24T08:00:00+00:00 (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. Full Article Public Utilities Class Actions Constitutional Law
mo Plantier v. Ramona Municipal Water Dist. By feeds.findlaw.com Published On :: 2017-06-13T08:00:00+00:00 (California Court of Appeal) - In a class action against a Water District challenging the method used by District to calculate wastewater service 'fees or charges' between about 2012 and 2014, the trial court's judgment in favor of defendant, holding that plaintiffs failed to exhaust their administrative remedies under article XIII D of the California Constitution, is reversed where: 1) plaintiffs' class action is not barred by their failure to exhaust the administrative remedies set forth in section 6 because plaintiffs' substantive challenge involving the method used by District to calculate its wastewater service fees or charges is outside the scope of the administrative remedies; and 2) under the facts of this case, those remedies are, in any event, inadequate. Full Article Public Utilities Water Law Class Actions Constitutional Law Administrative Law
mo Diamond Sawblades Manufacturers Coalition v. US By feeds.findlaw.com Published On :: 2017-08-07T08:00:00+00:00 (United States Federal Circuit) - Affirming the Court of International Trade's decision affirming a Department of Commerce ruling in the administrative review of an earlier anti-dumping order, the court held that no error occurred in the determination that a Chinese saw blade manufacturer was seeking to sell their products at less than fair market value in the United States. Full Article Commercial Law Administrative Law Antitrust & Trade Regulation International Trade International Law
mo Glycine and More, Inc. v. US By feeds.findlaw.com Published On :: 2018-01-23T08:00:00+00:00 (United States Federal Circuit) - Affirming decisions by the Court of International Trade affirming a decision by the US Department of Commerce extending the deadline for the plaintiff to withdraw a request for an administrative review of an antidumping order. Full Article International Trade Civil Procedure Administrative Law
mo Liberty Woods International, Inc. v. Motor Vessel Ocean Quartz By feeds.findlaw.com Published On :: 2018-05-04T08:00:00+00:00 (United States Third Circuit) - Affirming the dismissal of an in rem suit filed against a ship for cargo damage sustained in transit because liability for the damage was covered by the carrier's bill of lading, which included a forum selection clause requiring suit be brought in South Korea because although South Korean courts would not allow an in rem suit, the plaintiff could have brought an in personam suit and chose not to do so for strategic reasons and the foreign forum selection clause did not violate the Carriage of Goods by Sea Act. Full Article Admiralty International Trade Injury & Tort Law
mo Harmoni International Spice, Inc. v. Hume By feeds.findlaw.com Published On :: 2019-01-23T08:00:00+00:00 (United States Ninth Circuit) - Revived a RICO lawsuit brought by importers of garlic who alleged that rival importers had conspired to harm their businesses. Reversed a dismissal in relevant part and remanded. Full Article International Trade Antitrust & Trade Regulation
mo Gen. Motors Corp. v. Lanard Toys, Inc. By feeds.findlaw.com Published On :: 2006-10-25T08:00:00+00:00 (United States Sixth Circuit) - In a trademark and trade dress infringement suit filed against a toy company by GMC involving a series of toy vehicles resembling GMC's Hummer, summary judgment for GMC is affirmed where: 1) despite the district court's failure to adequately discuss the Frisch factors, summary judgment was appropriate on the trademark infringement claim due to the weight of the factors in favor of a finding a likelihood of confusion; 2) GMC established that there were no material issues of fact as to any of the three elements of trade dress infringement; and 3) denial of summary judgment on laches and estoppel defenses was proper. Full Article Civil Procedure Intellectual Property Trade Dress Trademark
mo General Motors Corp. v. Urban Gorilla, LLC By feeds.findlaw.com Published On :: 2007-09-13T08:00:00+00:00 (United States Tenth Circuit) - In trademark dispute over steel "body kits" designed to make a truck look like a military-style vehicle, denial of plaintiff GM's motion for preliminary injunction is affirmed where the district court did not abuse its discretion in finding that GM failed to make a strong showing of a likelihood of success on the merits that the "body kits" infringe upon and dilute GM's trade dress rights in its Hummer line of vehicles. Full Article Intellectual Property Trade Dress Trademark Transportation
mo Philip Morris USA, Inc. v. King Mtn. Tobacco Co. By feeds.findlaw.com Published On :: 2009-06-11T08:00:00+00:00 (United States Ninth Circuit) - In a trademark infringement action based on allegedly infringing cigarette packaging being sold on the Internet, an Indian reservation and elsewhere, the District Court's order staying the action in favor of proceedings before a tribal court is reversed where the tribal court did not have colorable jurisdiction over a nonmember's claims for trademark infringement on the Internet and beyond the Indian reservation. (Amended opinion) Full Article Civil Procedure Cyberspace Law Indian Law Intellectual Property Trade Dress Trademark
mo Philip Morris USA, Inc. v. King Mtn. Tobacco Co. By feeds.findlaw.com Published On :: 2009-06-11T08:00:00+00:00 (United States Ninth Circuit) - In a trademark infringement action based on allegedly infringing cigarette packaging being sold on the Internet, an Indian reservation and elsewhere, the District Court's order staying the action in favor of proceedings before a tribal court is reversed where the tribal court did not have colorable jurisdiction over a nonmember's claims for trademark infringement on the Internet and beyond the Indian reservation. Full Article Civil Procedure Cyberspace Law Indian Law Intellectual Property Trade Dress Trademark
mo Moldex-Metric, Inc. v. McKeon Products, Inc. By feeds.findlaw.com Published On :: 2018-06-05T08:00:00+00:00 (United States Ninth Circuit) - Reversing the district court's summary judgment in favor of the defendant in a suit for trademark infringement relating to foam earplugs in a specific bright green color used by the plaintiffs in their earplugs because the district court's conclusion that the green color mark was functional and therefore not protectable as trade dress was in error. The existence or nonexistence of alternative designs is probative of functionality or nonfunctionality and a genuine issue of fact regarding whether the color was functional remained. Full Article Trademark Intellectual Property Trade Dress
mo Saint Regis Mohawk Tribe v. Mylan Pharmaceuticals Inc. By feeds.findlaw.com Published On :: 2018-07-20T08:00:00+00:00 (United States Federal Circuit) - Affirmed that tribal sovereign immunity could not be asserted in a patent proceeding. A pharmaceutical company involved in a dispute over an eye medication patent transferred the title of its patent to a Native American tribe, which then moved to terminate the patent proceeding on the basis of sovereign immunity. Concluding that tribal sovereign immunity cannot be asserted in inter partes review, the Federal Circuit affirmed the denial of the Tribe's motion to terminate the proceeding. Full Article Drugs & Biotech Patent Indian Law Intellectual Property
mo JTEKT Corp. v. GKN Automotive Ltd. By feeds.findlaw.com Published On :: 2018-08-03T08:00:00+00:00 (United States Federal Circuit) - Dismissed an appeal from an inter partes review decision on grounds that the patent challenger lacked Article III standing. The challenger asserted that the patentee's claims for a motor vehicle drivetrain were invalid. On appeal, the Federal Circuit held that the challenger lacked standing because it had not established an actual injury; in particular, it had no product on the market or any concrete plans for future activity that would likely cause the patentee to complain of infringement. Full Article Intellectual Property Patent
mo Intellectual Ventures I LLC v. T-Mobile USA, Inc. By feeds.findlaw.com Published On :: 2018-09-04T08:00:00+00:00 (United States Federal Circuit) - Reinstated a patent infringement claim upon finding that the district court's grant of summary judgment resulted from an erroneous claim construction. The patentee accused several telecommunications companies of infringing its patent for an application-aware resource allocator. On appeal, the Federal Circuit agreed with the patentee that the district court construed the patent incorrectly. The panel vacated in relevant part and remanded. Full Article Intellectual Property Patent
mo People v. Morgan By feeds.findlaw.com Published On :: 2016-12-20T08:00:00+00:00 (Court of Appeals of New York) - Conviction for manslaughter and possession of a weapon is affirmed where the trial court's supplemental instruction to the jury to continue deliberating, following the jury's return of a verdict which polling determined not to be unanimous, did not deprive defendant of a fair trial. Full Article Criminal Law & Procedure
mo Cantu v. Moody By feeds.findlaw.com Published On :: 2019-08-05T08:00:00+00:00 (United States Fifth Circuit) - Affirmed. The denial of money damages to a member of the Texas Mexican Mafia in a case alleging constitutional and civil rights violations arising from a drug bust was affirmed. Full Article Civil Rights Constitutional Law
mo Regan v. City of Hammond By feeds.findlaw.com Published On :: 2019-08-19T08:00:00+00:00 (United States Seventh Circuit) - Affirmed. A local ordinance requiring residential property owners to get a license or hired a licensed contractor to make repairs didn't violate the commerce clause. It didn't distinguish between in and out of state owners and imposed no burden on interstate commerce. Full Article Constitutional Law Government Law Property Law & Real Estate
mo USA v. Simon By feeds.findlaw.com Published On :: 2019-08-21T08:00:00+00:00 (United States Seventh Circuit) - Affirmed. Defendant, a prior felon, was pulled over for a traffic stop. A drug-sniffing dog alerted on Defendants car. A search of the vehicle did not find drugs but did find a gun. Defendant was charged with felon-in-possession. Defendant was sentenced to 15 years. Defendant appealed on grounds that search was improper and error by trial court. Appellate court found no reversible error. Full Article Constitutional Law Criminal Law & Procedure
mo Common Cause Indiana v. Lawson By feeds.findlaw.com Published On :: 2019-08-27T08:00:00+00:00 (United States Seventh Circuit) - Affirmed. Injunctions against the state preventing it from implementing a plan to purge voter rolls based on third party information rather than directly contacting voters was affirmed because plaintiff organizations established standing and the decision was not an abuse of discretion. Full Article Constitutional Law Civil Procedure
mo Collins v. Thurmond By feeds.findlaw.com Published On :: 2019-08-28T08:00:00+00:00 (California Court of Appeal) - Affirmed in part. Reversed in part. Plaintiffs sued a number of defendants that included both local and state entities for causes of action alleging racial discrimination in disciplinary actions at a local high school. The appeals court affirmed the dismissal of most of Plaintiffs claims against state-level defendant because such claims cannot be brought against them. The appeals court did find that Plaintiffs have a cause of action under the equal protection clause of the California Constitution and they had standing to pursue the claims. Full Article Civil Rights Constitutional Law Education Law
mo Solomon v. Bert Bell/Pete Rozelle NFL Player Retirement By feeds.findlaw.com Published On :: 2017-06-26T08:00:00+00:00 (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. Full Article Health Law Labor & Employment Law Sports Law ERISA
mo Willhide-Michiulis v. Mammoth Mountain Ski Area LLC By feeds.findlaw.com Published On :: 2018-07-18T08:00:00+00:00 (California Court of Appeal) - Affirmed that a ski area was not liable for injuries that a snowboarder suffered when she collided with a snowcat and snow-grooming tiller. The snowboarder, who was seriously hurt, argued that the ski resort was grossly negligent and thus liable for her injuries despite the liability waiver she had signed as part of her season-pass agreement. However, the Third Appellate District concluded that the operation of snow-grooming equipment on a snow run is an inherent risk of snowboarding and that there was no gross negligence, affirming summary judgment against her claims. Full Article Sports Law Injury & Tort Law
mo Anselmo v. Grossmont-Cuyamaca Community College District By feeds.findlaw.com Published On :: 2018-08-03T08:00:00+00:00 (California Court of Appeal) - Reversed the dismissal of a suit filed by a student athlete volleyball player against a community college after she was injured during a tournament game when she dove into the sand and her knee struck a rock. The community college argued that it was protected by an immunity covering field trips and excursions, as set forth in section 55220 of title 5 of the California Code of Regulations. Rejecting this argument, the Fourth Appellate District held that this provision did not apply to an injury suffered by a member of a visiting team during an intercollegiate athletic event. The panel therefore reversed an order granting a demurrer and remanded. Full Article Education Law Sports Law Injury & Tort Law
mo Webster v. Claremont Yoga By feeds.findlaw.com Published On :: 2018-08-16T08:00:00+00:00 (California Court of Appeal) - Affirmed summary judgment against a yoga student's claim that her instructor caused her injury while adjusting her posture during a yoga class. According to the student, the instructor harmed her when he moved her leg, lower back, and neck. On appeal, the California Second Appellate District agreed with the yoga instructor that there was no triable issue as to causation, because the student had offered no evidence conflicting with that of the instructor's experts, who opined that the student's medical issues were unrelated to the yoga class. Full Article Sports Law Injury & Tort Law
mo Coventry Health Care of Mo., Inc. v. Nevils By feeds.findlaw.com Published On :: 2017-04-18T08:00:00+00:00 (United States Supreme Court) - In an insurance class action arising in the context of the Federal Employees Health Benefits Act of 1959 (FEHBA) authorization of the Office of Personnel Management (OPM) to contract with private carriers for federal employees' health insurance, 5 U.S.C. section 8902(a) and (d), the Missouri Supreme Court's decision, preventing federal employee insurance carries from seeking subrogation and reimbursement if there is a conflicting state law, is reversed where, because contractual subrogation and reimbursement prescriptions plainly 'relate to . . . payments with respect to benefits,' section 8902(m)(1), they override state laws barring subrogation and reimbursement. Full Article Government Benefits Labor & Employment Law Government Contracts Insurance Law Health Law Injury & Tort Law Constitutional Law
mo 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
mo Moda Health Plan, Inc. v. US By feeds.findlaw.com Published On :: 2018-06-14T08:00:00+00:00 (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. Full Article Insurance Law Administrative Law Government Contracts
mo Citizens for Amending Proposition L v. City of Pomona By feeds.findlaw.com Published On :: 2018-11-07T08:00:00+00:00 (California Court of Appeal) - Held that the City of Pomona violated the terms of a 1993 ballot initiative prohibiting the construction of additional billboards within city limits. A citizen group challenged the city council's decision to extend a pre-existing agreement with an outdoor advertising company when the arrangement expired in 2014. Affirmed the granting of a writ of mandate. Full Article Environmental Law Government Contracts
mo International Brotherhood of Teamsters, Local 848 v. City of Monterey Park (First Transit, Inc.) By feeds.findlaw.com Published On :: 2019-01-07T08:00:00+00:00 (California Court of Appeal) - Revived a labor union's claim that a municipality violated a law concerning contract bidding when it hired a new private company to operate its municipal bus system. Reversed a dismissal and remanded, in this case involving a statutory bidding preference tied to labor rights. Full Article Transportation Labor & Employment Law Government Contracts
mo U.S. ex rel. Lemon v. Nurses To Go, Inc. By feeds.findlaw.com Published On :: 2019-05-07T08:00:00+00:00 (United States Fifth Circuit) - Revived a lawsuit brought by several employees of a hospice care provider alleging that their employer had billed Medicare improperly. Reversed the dismissal of their claims under the False Claims Act. Full Article Health Law Government Benefits Government Contracts
mo 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
mo Contractors' State Licensing Board v. Superior Court (Black Diamond Electric, Inc.) By feeds.findlaw.com Published On :: 2018-10-29T08:00:00+00:00 (California Court of Appeal) - Held that an electrical contractor could not proceed with its lawsuit challenging a state licensing board's disciplinary decision, because the contractor was required to exhaust its administrative remedies before filing suit. Granted the licensing board's petition for a writ of mandate. Full Article Government Law Construction
mo JMS Air Conditioning and Appliance, Inc. v. Santa Monica Community College District By feeds.findlaw.com Published On :: 2019-01-03T08:00:00+00:00 (California Court of Appeal) - Upheld an administrative decision by the Santa Monica Community College District to allow a contractor to replace one subcontractor with another subcontractor on a construction project. Affirmed the denial of the plaintiff subcontractor's writ petition. Full Article Construction Education Law
mo U.S. ex rel. Lemon v. Nurses To Go, Inc. By feeds.findlaw.com Published On :: 2019-05-07T08:00:00+00:00 (United States Fifth Circuit) - Revived a lawsuit brought by several employees of a hospice care provider alleging that their employer had billed Medicare improperly. Reversed the dismissal of their claims under the False Claims Act. Full Article Health Law Government Benefits Government Contracts
mo Hoag Memorial Hospital Presbyterian v. Kent By feeds.findlaw.com Published On :: 2019-06-17T08:00:00+00:00 (California Court of Appeal) - Held that a hospital waited too long to file an administrative appeal challenging a reduction in Medi-Cal reimbursements. Affirmed that the filing was untimely. Full Article Health Law Government Benefits
mo Nomorerack Online Shopping Spam - Take a look at this spam By feedproxy.google.com Published On :: Sat, 18 Jan 2014 15:34:12 +0200 This is why it pays to have a mailbox called spam. Full Article
mo Inheritance Fund Scam - Mrs. Martha Moran Sanz By feedproxy.google.com Published On :: Fri, 04 Apr 2014 01:21:08 +0200 An inheritance fund scammer that requires you to eat the documents to get the funds. Full Article
mo Loan Offer Scam - lend money @ 3% By feedproxy.google.com Published On :: Tue, 08 Apr 2014 21:29:30 +0200 Manje wants to lend you a lot of money... only at an interest rate of 3%. That is a bargains scam! Full Article
mo Lottery Scam - WESTERN UNION CUSTOMER REWARD PROMOTION By feedproxy.google.com Published On :: Tue, 08 Apr 2014 21:48:15 +0200 A SCREAMING 419 scammer. Maybe he is frustrated because nobody believes in the $700,000 prize money. Full Article
mo Vermont Railway Inc. v. Town of Shelburne By feeds.findlaw.com Published On :: 2019-03-07T08:00:00+00:00 (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. Full Article Environmental Law Transportation
mo T-Mobile West LLC v. City and County of San Francisco By feeds.findlaw.com Published On :: 2019-04-04T08:00:00+00:00 (Supreme Court of California) - Upheld a San Francisco ordinance that requires wireless phone service companies to obtain permits and conform with aesthetic guidelines when installing lines and equipment on utility poles. The companies sought a declaratory judgment that the ordinance is inconsistent with state law. However, the California Supreme Court was not persuaded by the companies' arguments. Full Article Environmental Law Communications Law
mo Ventura Content, Ltd. v. Motherless, Inc. By feeds.findlaw.com Published On :: 2018-03-14T08:00:00+00:00 (United States Ninth Circuit) - Affirming a district court summary judgment in favor of the defense and denying attorney fees in a copyright case involving a pornographer who alleged that infringing clips were stored and displayed on the defendant's website because the Digital Millennium Copyright Act provides a safe harbor for material stored by users without the knowledge or input of the owner, who expeditiously removed infringing material when notified and did not receive a financial benefit directly attributable to infringing activity they had the right and ability to control. Full Article Copyright Attorney's Fees Intellectual Property
mo Cortes-Ramos v. Sony Corporation of America By feeds.findlaw.com Published On :: 2018-05-04T08:00:00+00:00 (United States First Circuit) - Reversing an order granting a motion for attorney fees under the Copyright Act in a case involving a songwriting contest Sony co-sponsored that had been dismissed with prejudice because it was subject to a mandatory arbitration agreement signed when the plaintiff entered the contest because the removal to arbitration did not quality the defendants as having been the prevailing party. Full Article Attorney's Fees Dispute Resolution & Arbitration Intellectual Property Copyright Civil Procedure
mo Cortes-Ramos v. Martin-Morales By feeds.findlaw.com Published On :: 2018-06-28T08:00:00+00:00 (United States First Circuit) - Reversed the order to dismiss the plaintiff's copyright and trademark claims stemming from a songwriting contest. Plaintiff entered a songwriting competition and agreed to the terms of the contest rules including an arbitration provision. Plaintiff did not win the contest, but alleges that the song he submitted was used by defendant for a music video. The court held that defendant was not a party to the arbitration agreement and could not invoke its provisions. Full Article Copyright Trademark Dispute Resolution & Arbitration
mo Skidmore v. Led Zeppelin By feeds.findlaw.com Published On :: 2018-09-28T08:00:00+00:00 (United States Ninth Circuit) - Granted a new trial in a copyright case involving a claim that Led Zeppelin copied key portions of its hit Stairway to Heaven from a song written by a musician named Randy Wolfe. Held that several jury instructions were erroneous and prejudicial, including the instructions on originality, and thus vacated the jury's verdict of no infringement. Full Article Entertainment Law Intellectual Property Copyright
mo Ennio Morricone Music v. Bixio Music Group By feeds.findlaw.com Published On :: 2019-08-21T08:00:00+00:00 (United States Second Circuit) - Reversed. Concluding the musical works at issue were not works made for hire, the panel reverses the district court’s grant of summary judgement in favor of the defendant. Full Article Copyright
mo More Ozzy TV- Arctic Monkeys 'Four Out Of Five' Video, Muse Concert Film Preview, Cliff Burton Documentary, Sevendust, Free Volbeat Show and more By feedproxy.google.com Published On :: More Ozzy TV- Arctic Monkeys 'Four Out Of Five' Video, Muse Concert Film Preview, Cliff Burton Documentary, Sevendust, Free Volbeat Show and more Full Article
mo Berkley v. Mountain Valley Pipeline, LLC By feeds.findlaw.com Published On :: 2018-07-25T08:00:00+00:00 (United States Fourth Circuit) - Affirmed that the district court lacked subject-matter jurisdiction over a constitutional challenge to the Natural Gas Act. Landowners along the path of a proposed natural gas pipeline brought this action disputing the constitutionality of various provisions of the Natural Gas Act. Agreeing with the district court, the Fourth Circuit held that the suit must be dismissed for lack of subject-matter jurisdiction on the grounds that the landowners ought to have brought their claims through the agency review process laid out in the Natural Gas Act. Full Article Oil and Gas Law Property Law & Real Estate