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(United States Second Circuit) - Held that an arbitration clause in an online consumer contract was unenforceable because the consumer did not have reasonable notice of and manifest his assent to it. The consumer was suing a company that sells protection plans for consumer products. Affirmed the denial of the company's motion to compel arbitration.

(California Court of Appeal) - Reversed most of a judgment against a mobile home park. The residents contended that the park breached their contracts and violated various laws, and a jury rendered a verdict in their favor. However, the California Court of Appeal held that the award of damages could not be sustained under any of the theories of liability presented to the jury.

(United States Fifth Circuit) - Certified. The state Supreme Court was asked how they would interpret the subrogation waiver in common form contracting agreements, a question that has split courts nationwide.

(United States Seventh Circuit) - Affirmed. Claims of breach of contract, emotional distress, negligence, and promissory estoppel arising from disciplinary action taken by a school against a student accused of sexual assault after extensive proceedings were defective and the case was properly dismissed.

(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.

(Supreme Court of California) - Remanded. The Plaintiff purchased an insurance policy from Defendant that covered pollution conditions. The policy required notice of any pollution condition and written consent before incurring obligations. Defendant denied coverage for pollution conditions that were found at a dormitory construction site because the policy notice and consent provisions were violated. The Court held that the notice-prejudice rule, which allows insureds to proceed against their insurer even if notice is late as long as it does not substantially prejudice the insurer, is a fundamental public policy of California and applies to consent provisions in first-party liability coverage and not third-party coverage. Remanded to the Ninth Circuit to determine type of policy involved.

With an aim to expand the way they deliver their news to the community, the Bermuda Broadcasting Company is continuing to live stream their evening...

(United States Seventh Circuit) - Affirmed the dismissal of a consumer's proposed class action, which alleged that a debt-collection letter violated the Fair Debt Collection Practices Act. The letter allegedly stated that important information was on the back of its first page, but the information was on the front of its second page.

(United States Ninth Circuit) - Held that Fannie Mae is not a consumer reporting agency and thus could not be sued over a false credit report. Consumers alleged that the government-sponsored mortgage market entity had provided false information about their credit history via a software tool it provides for mortgage lenders to use. In a 2-1 decision, the Ninth Circuit concluded that Fannie Mae was entitled to summary judgment because it did not fall within the definition of a consumer reporting agency under the Fair Credit Reporting Act.

(United States Second Circuit) - Held that an arbitration clause in an online consumer contract was unenforceable because the consumer did not have reasonable notice of and manifest his assent to it. The consumer was suing a company that sells protection plans for consumer products. Affirmed the denial of the company's motion to compel arbitration.

(United States Seventh Circuit) - Held that a debt collector did not violate the Fair Debt Collection Practices Act by reporting to a credit bureau that a debtor had nine unpaid bills of $60, rather than simply indicating an aggregate debt of $540. Reversed the district court, in this case involving co-pays for physical therapy sessions.

(California Court of Appeal) - Reversed most of a judgment against a mobile home park. The residents contended that the park breached their contracts and violated various laws, and a jury rendered a verdict in their favor. However, the California Court of Appeal held that the award of damages could not be sustained under any of the theories of liability presented to the jury.

Video Archive Of The 2019 Texas LoopFest Is Now Posted

(United States Second Circuit) - Held that an arbitration clause in an online consumer contract was unenforceable because the consumer did not have reasonable notice of and manifest his assent to it. The consumer was suing a company that sells protection plans for consumer products. Affirmed the denial of the company's motion to compel arbitration.

(California Court of Appeal) - Affirmed order denying petition to compel arbitration. Plaintiffs attempted to enforce arbitration in an action for elder abuse and wrongful death at a skilled nursing facility. The trial court determined that the successor in interest was bound by the agreement to arbitrate, but the children of the decedent were not so bound. The trial court denied the petition to arbitrate to prevent inconsistent findings if both arbitration and litigation proceeded concurrently. The appeals court agreed.

Video Archive Of The 2019 Texas LoopFest Is Now Posted

#3 Billboard Chart Debut As National Coverage Continues To Grow: People Magazine, Elmore Embrace Killer New CD; Tour Dates Confirmed Through The End Of Year

(United States Ninth Circuit) - Affirmed. The panel affirmed the district court’s grant of summary judgment in an ERISA action challenging the denial of plaintiff’s request for early retirement benefits, holding that any procedural irregularities in the actions of the board were minor.

(United States Ninth Circuit) - Affirmed in part, reversed in part. Minor league baseball players seeking class status in an action under the Fair Labor Standards Act appeal the denial of class certification in Arizona and Florida. The panel held certification is appropriate and consistent with “the great public policy” embodied by the FLSA.

(United States Ninth Circuit) - Affirmed in part, vacated in part. Finding the area where Tribe members received traffic citations was within the boundaries of the reservation, the panel held that San Bernardino County did not have jurisdiction to enforce California regulatory traffic laws within that area.

(United States Ninth Circuit) - Reversed & remanded. The panel held that a party need not satisfy the good cause or extraordinary circumstances standard provided in 28 U.S.C. Section 636(c)(4) in order to withdraw magistrate judge consent before all parties have consented.

Greg Zanis, known by many as the “Cross Man,” died Monday after spending 23 years building wooden crosses for thousands of mass-shooting victims across the United States, including the 13 victims killed in the 1999 Columbine High School massacre.

When the first murmur of a new virus issued forth we were celebrating the end of a decade and the arrival of a new year. One hundred days later, millions were locked down in an eerily still world, and we were left wondering what hit us, our heads spinning with disbelief.

Canadian Musician Ed Roman Is Raising Funds For Dyslexia Through Amazon Prime Video Sales And Rentals Of His Award-winning Animated Music Video, “Red Omen.”

(US 4th Circuit) - No. 19-1369

(United States Third Circuit) - Held that unpaid highway tolls are not the type of debt that can support a claim under the federal Fair Debt Collection Practices Act (FDCPA). A driver who failed to pay tolls on the New Jersey Turnpike because his electronic payment account was in arrears filed a class-action complaint alleging that a debt collection agency used impermissible means to collect the debt. Affirming dismissal of his complaint, the Third Circuit held that highway tolls are a legal obligation in the nature of a tax that falls outside the scope of the FDCPA.

(United States Third Circuit) - Held that a police officer did not have qualified immunity to a suit alleging that he inappropriately touched a woman who reported a sexual assault and that he used his personal cellphone to photograph her intimate areas. The officer argued that he was immune from suit because the right at issue was not clearly established at the time of his alleged conduct. Rejecting his argument, the Third Circuit reversed the entry of summary judgment for the officer and remanded for further proceedings in this suit alleging infringement of the Fourteenth Amendment right to bodily integrity.

(United States Third Circuit) - Held that a pastor could not sue his church for breach of an employment contract. The church contended that adjudication of the pastor's contract claim would impermissibly entangle the court in religious doctrine in violation of the First Amendment's Establishment Clause. Agreeing, the Third Circuit affirmed summary judgment in favor of the church.

(United States Fifth Circuit) - Held that a bankruptcy trustee could conduct a public auction of certain real estate owned by a Chapter 7 debtor, even though one of the tracts of land was already under contract. Affirmed the decisions below.

(United States Second Circuit) - Held that judicial estoppel did not bar a Sarbanes-Oxley Act whistleblower retaliation claim. The issue centered on whether the plaintiff employee had attempted to conceal his whistleblower lawsuit from the court in his bankruptcy proceeding. Vacated a dismissal in relevant part.

(United States Fourth Circuit) - Affirmed. In this defamation action, plaintiff appealed from a judgment against her. Defendant, a television news agency, ran a news story about a county in Virginia hiring a plaintiff, a convicted felon and implying that she lied on her job application. Although plaintiff had a prior conviction she disclosed that on her application and was hired anyway. Plaintiff sued the news organization. The trial court ruled that plaintiff was a public figure and as such she would need to prove actual malice. The trial court granted defendants motion for directed verdict, concluding that plaintiff had failed to show actual malice. The appellate court agreed and affirmed the judgment.

(United States Fourth Circuit) - Affirming in part the dismissal of an African-American police officer's discrimination and retaliation claims against a state prosecutor for reading aloud criminal suspects' letters containing racial epithets at a trial preparation meeting that the officer attended. The Fourth Circuit held that the police officer did not state a claim for racial harassment or retaliation as no reasonable employee could believe that the prosecutor's conduct violated civil rights law and because the prosecutor was protected by absolute prosecutorial immunity.

It's basically an audio-only film.

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(US 8th Circuit) - No. 18-3574

Our leaders are making difficult, life-and-death decisions without a complete picture of the severity of this threat or a timeline for how long it could last. It’s easy to second-guess the new rules, suggestions and regulations coming.

(United States Second Circuit) - Partially affirmed, partially reversed. New York's Taxi and Limousine Commission's procedures to suspend taxi driver licenses failed to provide meaningful hearings to those whose licenses were suspended following criminal proceedings.

(United States Second Circuit) - Affirmed. Plaintiffs appealed a dismissal of their claims that Facebook unlawfully assisted Hamas in terrorist attacks in Israel. The court affirmed the claims were barred by a federal law that prohibits treating one provider of an interactive computer service as the publisher of information provided by another.

Of Glendale's roughly 5,000 residents, 16 voted in this month's city election, which was held amid a global pandemic and statewide stay-at-home order.

(United States Federal Circuit) - Reversing and remanding the final judgment of the United States Court of International Trade case granting summary judgment to the government because the subject modular storage unit imports were improperly classified as mountings and fittings rather than as parts of unit furniture.

(California Court of Appeal) - Held that the trial court lacked subject matter jurisdiction to hear the People's claim alleging that the owner of a tobacco smoke shop on Indian lands was liable under California's Unfair Competition Law for violating various laws applicable to cigarette sales and marketing. Reverse an order granting summary adjudication to the People on this claim.

(California Court of Appeal) - Affirmed the denial of an anti-SLAPP motion, in a lawsuit accusing certain organizations and individuals of attempting to restrain trade and monopolize a city's medical marijuana market.

(United States First Circuit) - Affirmed the dismissal of an Indian tribe's complaint against federal and Rhode Island agencies concerning a highway bridge reconstruction. The tribe argued, at base, that the state of Rhode Island broke a promise to give the tribe three parcels of land as mitigation for the expected negative impact on historic tribal land of an I-95 bridge replacement project. Agreeing with the district court, the First Circuit held that the tribe's claims were barred by federal sovereign immunity and lack of subject matter jurisdiction.

(United States First Circuit) - Reinstated a lawsuit alleging that a health insurance company improperly denied coverage for in-patient mental health services. After several unsuccessful administrative appeals, the insured sued the insurance company under ERISA, claiming that all of her time spent at a mental health residential treatment facility was medically necessary and thus should have been covered under an employer-provided healthcare plan. On appeal, the First Circuit vacated an order granting summary judgment for the insurance company, holding that the district court should have allowed the insured to supplement the administrative record.

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