mo

Rocky Mountain Farmers Union v. Corey

(United States Ninth Circuit) - Affirmed the dismissal of an industry challenge to California's Low Carbon Fuel Standard. A number of industry trade groups argued that the California regulations designed to reduce the rate of greenhouse gas emissions violate the Commerce Clause or other parts of the federal constitution. However, the Ninth Circuit was not persuaded.




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Alamo Recycling v. Anheuser Busch Inbev Worldwide

(California Court of Appeal) - In a suit brought by operators of recycling centers where beverage containers sold in California may be redeemed for their California Redemption Value, against companies that sell or distribute beverages containers in California, contending that defendants knowingly and "falsely" label beverage containers sold both inside and outside California with "CA CRV," "California Redemption Value," or similar labels when, in fact, under California law, only containers purchased inside California may be redeemed in California, and alleging common law tort claims against defendants for fraud, negligent misrepresentation, strict products liability, interference with prospective economic advantage and business relations, and breach of express warranty, the trial court's judgment of dismissal is affirmed where the injunctive and compensatory relief plaintiffs seek cannot be awarded by a California court because it would violate the "dormant" commerce clause of the federal Constitution.




mo

Fed. Treasury Ent. Sojuzplodoimport, OAO Moscow Distillery Cristall v. Spirits Int'l B.V.

(United States Second Circuit) - In an international trademark action involving rival claims to the "Stolichnaya" trademarks, the district court's dismissal is vacated in part and affirmed in part where: 1) considerations of international comity precluded the district court from determining that the Russian Federation's assignment of trademark rights to plaintiff was invalid under Russian law and dismissing plaintiff's claims under section 32(1) of the Lanham Act for lack of standing; but 2) plaintiff's remaining claims are barred by res judicata and laches.




mo

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.




mo

Federal Home Loan Bank of Bost v. Moody's Corp.

(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.




mo

Vannoy v. Fed. Reserve Bank of Richmond

(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.




mo

Zaloga v. Borough of Moosic

(United States Third Circuit) - In a section 1983 suit against several county entities and individuals, alleging various constitutional violations, including defendant's retaliation against plaintiff for publicly opposing of defendant's reelection as the President of the Moosic, Pennsylvania Borough Council, the district court's decision denying defendant's claim to qualified immunity is reversed where he is entitled to qualified immunity because his conduct, even if plaintiff's allegations are true, did not violate clearly established law.




mo

Moore v. LA Department of Public Safety

(United States Fifth Circuit) - Reversed. The substitution of the guardians of the children of a deceased man discovered a year after the filing of a wrongful death action by his mother was proper despite the substitution occurring after the statutory limitations period. The substitution relates back to the date of the initial complaint.




mo

Gupta v. Morgan Stanley Smith Barney LLC

(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.




mo

Branom v. Diamond

(California Court of Appeal) - Dismissed appeal. Plaintiff and Defendant agreed to an expedited jury trial process pursuant to Code of Civil Procedure section 630.01. As part of the expedited process, the parties agree to waive the right to appeal. Plaintiff sought to appeal the amount of the damages award, but by executing the consent to expedited jury trial she voluntarily waived her right to appeal.




mo

Common Cause Indiana v. Lawson

(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.




mo

Chaidez v. Ford Motor Company

(United States Seventh Circuit) - Vacated and remanded. The district court dismissal of a suit for failure to exhaust remedies was vacated because the claims of discrimination had been exhausted before the Equal Employment Opportunity Commission.




mo

Moore v. Wells Fargo Bank, N.A.

(California Court of Appeal) - Reversed judgment and reinstated jury verdict in favor of Plaintiff. The trial court granted Defendant, Wells Fargo’s motions including a motion for judgment notwithstanding the jury verdict that found Wells Fargo committed fraud in a Home Affordable Mortgage Program case. The appeals court reversed the rulings and the judgment that it found in favor of Wells Fargo and remanded for further proceedings consistent with appeals court ruling.




mo

Vivendi SA v. T-Mobile USA Inc.

(United States Ninth Circuit) - In an action alleging RICO violations in connection with defendants' acquisition of a Polish telecommunications company, the dismissal of the action on forum non conveniens grounds is affirmed where the relevant evidence and witnesses were located in Poland and plaintiff was engaging in forum-shopping.




mo

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.




mo

Villari v. Mozilo

(California Court of Appeal) - In a shareholder derivative action against officers and directors of Countrywide Financial Corporations, alleging that defendants had mismanaged the company's mortgage lending business and other claims, trial court's dismissal of the complaint is affirmed where: 1) pursuant to the continuous ownership rule, plaintiff had no standing to maintain shareholder derivative claims on behalf of Countrywide after its acquisition by Bank of America Corporation and merger into another corporation; and 2) Arkansas Teacher Retirement System v Caiafa cannot be read to support plaintiff's contention that he has adequately alleged a factual basis for application of the fraud exception to the continuous ownership rule based on dicta in that case.




mo

Emotional Debris Release New Singles 'Hey Roman' & 'California Song'

Inspired By The Events Of Los Angeles Summer 1969 Emotional Debris Introduces 2 Catchy Rock Records In Line With Quentin Tarantino's New Epic 'Once Upon A Time In Hollywood'




mo

PaTRAM Institute To Record Next CD In Saratov, Russia, Accompanied By The Wonderworking Kursk Root Icon Of The Mother Of God

Fresh Off Their GRAMMY Nomination For Their CD, Teach Me Thy Statutes,the PaTRAM Institute Will Record Their Next CD In Saratov, Russia This August.




mo

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.




mo

Rucho v Common Cause

(United States Supreme Court) - Vacated and remanded. Plaintiffs as voters in North Carolina and Maryland filed suit challenging congressional districting maps as unconstitutional partisan gerrymanders. The district court ruled in favor of plaintiffs. The US Supreme Court held that partisan gerrymandering claims present political questions that are beyond the reach of the federal courts.




mo

1041 20th Street, LLC v. Santa Monica Rent Control Board

(California Court of Appeal) - Reversed. Plaintiff, a rental property owner, filed suit against Defendant, a rent control board, to prevent certain properties from being subject to rent control. The trial court agreed with Plaintiff, but the appeals court held that the rent board did not have the authority to exempt rental units from rent control under the Santa Monica City Charter.




mo

Regan v. City of Hammond

(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.




mo

Gates v. Blakemore

(California Court of Appeal) - Affirmed. Plaintiff appealed from a pre-election trial court ruling that held that certain initiates were invalid and that the County of San Bernardino was excused from the duty to prepare ballot titles and summaries for them.




mo

Asmo Releases New EP Album 'Consumed'

The Music Artist Known As Asmo Has Released His Latest EP Album, “Consumed.”




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P. v. Mooring

(California Court of Appeal) - Reversing a conviction for dihydorcodeinone/Vicodin because the prosecution didn't establish that it was a controlled substance, but affirming other aspects of an appeal, including affirming the use of information relating to the Ident-A-Drug website because it came within the published exception to the hearsay rule and the challenged hearsay was not testimonial.



  • Evidence
  • Drugs & Biotech
  • Criminal Law & Procedure

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Simmons v. Secretary of Health and Human Services

(United States Federal Circuit) - Affirming the denial of attorney fees and costs to a man who sued claiming that he developed Guillain-Barre Syndrome as the result of a flu vaccination because the Court of Federal Claims correctly concluded that there was no reasonable basis for the claim.




mo

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.




mo

Monsanto Company v. Office of Environmental Health Hazard Assessment

(California Court of Appeal) - Affirming the trial court's conclusion that Monsanto and others failed to state a claim in a suit where they averred that Proposition 65's reliance on the International Agency for Research on Cancer's determinations about which chemicals cause cancer improperly granted a foreign entity authority over domestic affairs.




mo

Saint Regis Mohawk Tribe v. Mylan Pharmaceuticals Inc.

(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.




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SEO & corona: op deze punten moet je focussen

Webshops draaien op volle toeren en het zoekgedrag is enorm veranderd. Het zijn ook vreemde tijden voor SEO-specialisten, iets wat we nog maar weinig meegemaakt hebben. Dit heeft een enorme impact op de manier waarop SEO-specialisten te werk moeten gaan. Samen met Jan-Willem Bobbink, Dieuwerke Antoons en Diantha van Surksum heb ik enkele tips neergetypt […]




mo

Het platform als podium: de voordelen van online ontmoeten

Sectoren die nu nog offline only acteren komen meer en meer onder druk te staan. Na het verdwijnen van hele winkelketens en het op de schop nemen van volledige branches is de digitale revolutie op weg om ook de wereld van zakelijke events en B2B-beurzen te ‘disrupten’. Het stevige podium dat de beursvloer biedt is […]




mo

Alyssa Milano Promotes Debunked Jimmy Kimmel Video Maligning Mike Pence: 'F*ck the GOP and This Administration'

Actress and left-wing activist Alyssa Milano has promoted a deceptively edited video about Vice President Mike Pence that was created by late-night talk show host Jimmy Kimmel -- even though the video has been debunked and Kimmel has publicly apologized for it.




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Maher: Trump Turning America 'Into a Failed State' 'More Important Than Tara Reade Achieving Closure'

On Friday’s broadcast of HBO’s “Real Time,” host Bill Maher discussed the sexual assault allegations made by Tara Reade against 2020 Democratic presidential candidate former Vice President Joe Biden and stated that the matter is a he said, she said,




mo

Delingpole: Michael Moore Has Become a 'Hero' to 'Climate Deniers', Complains Guardian

"How did Michael Moore become a hero to climate deniers and the far right?" asks a disturbed and tearful George Monbiot in the Guardian. Simple: by speaking the truth, for a change.




mo

Pressure Mounts on Pennsylvania Gov. Tom Wolf as Even Democrats Now Question Coronavirus Shutdown

Pressure is increasing on Gov. Tom Wolf (D) to reopen Pennsylvania, even among Democrats, as it is revealed that the vast majority of recent coronavirus deaths in the state occurred at nursing homes or personal care facilities, the Morning Call revealed this week.





mo

Modisette v. Apple Inc.

(California Court of Appeal) - Held that Apple Inc. was not liable for a five-year-old girl's death and injuries to her family members that occurred when a driver using the FaceTime application on his iPhone crashed into her parents' car on a Texas highway. Affirmed dismissal of the complaint, concluding that Apple did not owe a duty of care and that the iPhone's design was not a proximate cause.




mo

Moss v. Princip

(United States Fifth Circuit) - In a dispute over ownership of a lucrative YouTube channel, held that the district court had subject-matter jurisdiction and did not err in dismissing a nondiverse partnership as dispensable. Also affirmed a judgment entered on a jury verdict.




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HomeAway.com, Inc. v. City of Santa Monica

(United States Ninth Circuit) - Upheld a beach town's ordinance imposing restrictions on companies, such as Airbnb Inc., that host online platforms for short-term vacation rentals. The internet companies claimed that the ordinance impermissibly infringed their First Amendment rights or was preempted by federal law. Disagreeing, the Ninth Circuit affirmed the dismissal of their lawsuit seeking to enjoin the ordinance.




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People v. Moses

(California Court of Appeal) - Reversed for human trafficking of a minor but affirmed in all other respects. Defendant was convicted of pimping a minor and human trafficking. Defendant argued that the human trafficking count should be reversed because the alleged minor was actually an undercover police officer. The appeals court agreed and remanded for re-sentencing.




mo

The Ramona Flowers Release Captivating Single “Out Of Focus”

UK Band Unveils Music Video Ahead Of “Strangers” Album Release




mo

French Singer And Songwriter Ned Has Released Her Debut UK Single 'Give Me More'

French Native Songstress Ned Released Her Debut UK Single ‘Give Me More’ On 6th April 2018




mo

French Singer Ned Has Released The Video For Her Single 'Give Me More'

The Video Was Released On April 25th




mo

The Ramona Flowers Release New Album Strangers

UK Band Unveils Highly Anticipated Album And Partnership With Menswear Brand, By Robert James




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Moen v. Regents of the University of California

(California Court of Appeal) - Reversed decertification of a class of retired University of California employees who claimed they were denied promised health insurance benefits. The retirees, who had worked at Lawrence Livermore National Laboratory, appealed the trial court's ruling that decertified the class for lack of commonality. On appeal, the First Appellate District held that the trial court's decertification ruling had relied on erroneous legal standards.




mo

Red Barn Motors, Inc. v. NextGear Capital, Inc.

(United States Seventh Circuit) - Held that the district court did not adequately explain its reason for rescinding certification of a class in a business dispute between numerous used-car dealerships and a financing company. Vacated the class certification ruling and remanded for further proceedings.




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In re JPMorgan Chase and Co.

(United States Fifth Circuit) - Held that the district court "appears to have erred" in ordering that thousands of current and former employees be notified of a pending Fair Labor Standards Act collective action, because most of them had signed binding arbitration agreements and would be unable to join the action. However, the district court's apparent error in directing the notice did not justify granting the employer's petition for mandamus relief -- but the district court was advised to reconsider its ruling.




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Rel v. Pacific Bell Mobile Services

(California Court of Appeal) - Affirmed the dismissal of a proposed consumer class action lawsuit because the plaintiffs had failed to bring the case to trial within five years, as required by the California Code of Civil Procedure. It did not matter that the class claims had been dismissed within five years.




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HAWKWIND Collaborator MICHAEL MOORCOCK & THE DEEP FIX Release Third Studio Album

British Author/Musician MICHAEL MOORCOCK Releases Live At The Terminal Café.




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Los Angeles Artist Betty Moon Up For GRAMMY Nomination

The Multi-talented Recording Artist Is Up For Nominations With Her Album Hellucination And Singles “Save My Soul” And “Crazy (What You Make Me)”