so Rand Resources, LLC v. City of Carson By feeds.findlaw.com Published On :: 2019-02-04T08:00:00+00:00 (Supreme Court of California) - In an opinion that clarifies the scope of the anti-SLAPP statute, the California Supreme Court held that only certain causes of action here arose from protected speech. In the underlying dispute, a developer had sued the City of Carson and another developer in connection with negotiations about the possibility of building a National Football League stadium in the city. Full Article Civil Procedure Constitutional Law Construction
so Design Built Systems v. Sorokine By feeds.findlaw.com Published On :: 2019-02-26T08:00:00+00:00 (California Court of Appeal) - In a dispute between a homeowner and building contractors, reversed the trial court's directed verdicts and remanded. Full Article Property Law & Real Estate Construction
so South of Market Community Action Network v. City and County of San Francisco By feeds.findlaw.com Published On :: 2019-03-25T08:00:00+00:00 (California Court of Appeal) - Held that citizen groups could not proceed with their challenge to the environmental review conducted for a proposed mixed-use development project in downtown San Francisco. Affirmed the denial of writ relief. Full Article Environmental Law Construction
so Alonso v. Westcoast Corp. By feeds.findlaw.com Published On :: 2019-04-08T08:00:00+00:00 (United States Fifth Circuit) - Held that a contractor breached its contract with a subcontractor. Affirmed a judgment after a jury trial but remanded for recalculation of damages under the Louisiana Prompt Payment Act, in this case involving an Army Corps of Engineers' project. Full Article Construction Contracts
so Cappetta v. Social Security Administration By feeds.findlaw.com Published On :: 2018-09-14T08:00:00+00:00 (United States Second Circuit) - Held that the Social Security Administration was justified in imposing an assessment and penalty on a recipient of disability benefits who failed to report work activity. The benefit recipient disputed that his failure to report earnings was material. While rejecting his legal challenge, the Second Circuit held that the agency lacked substantial evidence to support the amounts of the assessment and penalty, and therefore vacated and remanded. Full Article Government Benefits
so Independent Living Center of Southern California, Inc. v. Kent By feeds.findlaw.com Published On :: 2018-11-21T08:00:00+00:00 (United States Ninth Circuit) - Reversed the denial of the plaintiffs' request for attorney fees following the settlement of litigation challenging California's attempt to reduce the rate of Medi-Cal reimbursement for healthcare providers by 10 percent. Remanded for further proceedings on the attorney fee request. Full Article Government Benefits Health Law Attorney's Fees
so Consolidation Coal Co. v. Office of Workers' Compensation Programs By feeds.findlaw.com Published On :: 2018-12-21T08:00:00+00:00 (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. Full Article Labor & Employment Law Government Benefits
so Culbertson v. Berryhill By feeds.findlaw.com Published On :: 2019-01-08T08:00:00+00:00 (United States Supreme Court) - Held that the Social Security Act's 25 percent cap on attorney fees applies only to fees for court representation. The lower court erroneously applied the cap to the aggregate fees awarded for representation before both the agency and the court. Justice Thomas wrote the unanimous opinion, which resolved a circuit split regarding the fees that attorneys may charge Social Security claimants for representation. The decision relied on the plain meaning of the statute. Full Article Attorney's Fees Government Benefits
so Lockwood v. Commissioner of Social Security Administration By feeds.findlaw.com Published On :: 2019-01-23T08:00:00+00:00 (United States Second Circuit) - Held that the Social Security Administration erred in denying an individual's disability insurance benefits application. Reversed the district court and remanded for further proceedings. Full Article Government Benefits
so Texas Tech Physicians Associates v. US Department of Health and Human Services By feeds.findlaw.com Published On :: 2019-03-07T08:00:00+00:00 (United States Fifth Circuit) - Held that a university-affiliated medical practice must return $8 million to the federal agency that administers Medicare. The medical practice's test of a new care management model (a Medicare demonstration project) did not achieve the expected cost savings. Upheld an administrative order. Full Article Health Law Government Benefits
so Kisor v Wilkie By feeds.findlaw.com Published On :: 2019-06-26T08:00:00+00:00 (United States Supreme Court) - Vacated and remanded. Plaintiff is a Vietnam veteran who sought disability benefits from the Veterans Administration for post-traumatic stress. The VA eventually granted benefits but only from the motion to re-open his case and not from the date of the original application. Court of Appeals affirmed the ruling citing the deference doctrine. The US Supreme Court vacated the judgment and remanded to have the lower court determine if the deference doctrine applied in this case. Full Article Government Law Administrative Law Government Benefits
so D.C. Association of Chartered Public Schools v. District of Columbia By feeds.findlaw.com Published On :: 2019-07-19T08:00:00+00:00 (United States DC Circuit) - Vacated and remanded. The district court dismissed claims by a group of chartered schools complaining about school funding practices but the case was vacated and remanded for dismissal because they lacked jurisdiction to hear the claims in the first instance. Full Article Civil Procedure Education Law Government Benefits
so Johnson v. Housing Authority of City of Oakland By feeds.findlaw.com Published On :: 2019-08-09T08:00:00+00:00 (California Court of Appeal) - Reversed. Defendant, housing authority, terminated Plaintiff’s federally funded subsidized housing program. The trial court ordered Defendant to vacate its order. The appeals court found that there was nothing in the Defendant’s hearing of termination that indicated an abuse of discretion and reversed the trial court’s ruling. Full Article Administrative Law Government Benefits
so CREDIBLE BEHAVIORAL HEALTH INC v. JOHNSON By feeds.findlaw.com Published On :: -November 20, 2019-T08:00:00+00:00 (MD Court of Appeals) - No. 19, Sept. Term, 2019 Full Article
so Loan Offer Scam - Arnold Wilson Chambers By feedproxy.google.com Published On :: Fri, 04 Apr 2014 01:19:49 +0200 Quick an easy loans... um... scams. Full Article
so South of Market Community Action Network v. City and County of San Francisco By feeds.findlaw.com Published On :: 2019-03-25T08:00:00+00:00 (California Court of Appeal) - Held that citizen groups could not proceed with their challenge to the environmental review conducted for a proposed mixed-use development project in downtown San Francisco. Affirmed the denial of writ relief. Full Article Environmental Law Construction
so Southwestern Electric Power Co. v. EPA By feeds.findlaw.com Published On :: 2019-04-12T08:00:00+00:00 (United States Fifth Circuit) - Invalidated portions of an Environment Protection Agency final rule regarding waste streams from steam-electric power plants. Remanded to the agency for reconsideration in regard to legacy wastewater and combustion residual leachate, in this challenge brought by environmentalists, utilities and others. Full Article Environmental Law Water Law
so Sustainability, Parks, Recycling and Wildlife Defense Fund v. Department of Resources Recycling and Recovery By feeds.findlaw.com Published On :: 2019-04-22T08:00:00+00:00 (California Court of Appeal) - Rejected an environmental group's challenge to the issuance of a revised permit for a landfill. Affirmed the denial of writ relief. Full Article Environmental Law
so Oregon Natural Desert Association v. Rose By feeds.findlaw.com Published On :: 2019-04-25T08:00:00+00:00 (United States Ninth Circuit) - Addressed an environmental group's challenge to the Bureau of Land Management's decisions about the route network for motorized vehicles on certain lands. Affirmed in part and reversed in part. Full Article Environmental Law
so Winding Creek Solar LLC v. Peterman By feeds.findlaw.com Published On :: 2019-07-29T08:00:00+00:00 (United States Ninth Circuit) - Affirmed. Plaintiff filed suit against the Commissioners of the California Public Utilities commission alleging that the California Renewable Market Adjust Tariff (Re-MAT) program violated the Public Utility Regulatory Policies Act (PURPA). The district court granted summary judgment in favor of the Plaintiff, but declined to grant Plaintiff a contract with PG&E at a specified price. The Ninth Circuit held that the Re-MAT program violated the PURPA and therefore is preempted by PURPA, but the Ninth Circuit would not grant the contract because PG&E was not a party to the suit. Full Article Environmental Law Public Utilities Contracts
so John Wiley and Sons, Inc. v. DRK Photo By feeds.findlaw.com Published On :: 2018-02-16T08:00:00+00:00 (United States Second Circuit) - Affirming the district court's grant of summary judgment to the defense in a copyright case where the assignee of certain photographs tried to sue the owner for infringement for exceeding its licensed use of certain photographs taken by photographers who had a non-exclusive licensing agreement with them because the Copyright Act doesn't permit prosecution of infringement suits by assignees that have never been the legal or beneficial owner of an exclusive right to the intellectual property. Full Article Copyright Civil Procedure Intellectual Property
so 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
so Wilson v. Dynatone Publishing Company By feeds.findlaw.com Published On :: 2018-06-06T08:00:00+00:00 (United States Second Circuit) - Affirming the dismissal of a state law accounting claim and otherwise vacating and remanding the case of a musical group called Sly Slick & Wicked who challenged the collection of royalties during the renewal period of the copyright of their song, entitled Sho' Nuff, which had been sampled by Justin Timberlake and J. Cole because their repudiation of the original terms of the copyright many years earlier did not also constitute a repudiation of the renewal terms, resulting in a time-bar to their claims. Full Article Intellectual Property Copyright
so Experian Information Solutions v. Nationwide Marketing Ser. By feeds.findlaw.com Published On :: 2018-06-27T08:00:00+00:00 (United States Ninth Circuit) - Affirmed in part and reversed in part the summary judgment in favor of defendant in a copyright case. Plaintiff compiled a listing of individual consumer names with their addresses and sought copyright protection. The District Court found in favor of the defendant and against the copyright claims. The 9th Circuit held that the compilation of names and addresses is copyrightable, but plaintiff had failed to establish that its copyright had been infringed. Affirmed as to the infringement claim for the defendant, but reversed as to the state law trade secret claim. Full Article Trade Secrets Intellectual Property Copyright
so Close v. Sotheby's, Inc. By feeds.findlaw.com Published On :: 2018-07-06T08:00:00+00:00 (United States Ninth Circuit) - Affirmed in relevant part, finding that federal copyright law largely preempts California's Resale Royalties Act, Cal. Civ. Code section 986, which grants artists a right to five percent of the proceeds on any resale of their artwork under specified circumstances. Full Article Intellectual Property Copyright
so Wilson v. Dynatone Publishing Co. By feeds.findlaw.com Published On :: 2018-11-14T08:00:00+00:00 (United States Second Circuit) - Held that a copyright ownership claim was timely filed. The statute of limitations was not triggered by the defendants' act of registering their competing claim of ownership in the Copyright Office. Denied a petition for rehearing, in a dispute over ownership of renewal term copyrights in certain musical compositions and sound records. Full Article Entertainment Law Intellectual Property Copyright
so Erickson Productions, Inc. v. Kast By feeds.findlaw.com Published On :: 2019-04-16T08:00:00+00:00 (United States Ninth Circuit) - Affirmed that a business owner contributorily infringed copyrighted photographs by displaying them on his website. However, remanded for further proceedings on whether the infringement was willful. Full Article Cyberspace Law Copyright
so Media Rights Technologies, Inc. v. Microsoft Corp. By feeds.findlaw.com Published On :: 2019-05-02T08:00:00+00:00 (United States Ninth Circuit) - Revived a tech company's copyright infringement claims against a competitor. Held that claim preclusion did not bar the company from asserting copyright infringement claims that had accrued after its earlier patent infringement suit against the competitor. Full Article Civil Procedure Intellectual Property Copyright
so Mid-Continent Casualty Co. v. Petroleum Solutions Inc. By feeds.findlaw.com Published On :: 2019-02-26T08:00:00+00:00 (United States Fifth Circuit) - In an insurance coverage dispute arising from a leak in an underground fuel storage tank, affirmed in part and reversed in part. The insurer sought a declaratory judgment that it did not owe coverage because the insured had breached the Cooperation Clause in its policy, among other things. Full Article Oil and Gas Law Insurance Law
so Eni US Operating Co., Inc. v. Transocean Offshore Deepwater Drilling, Inc By feeds.findlaw.com Published On :: 2019-03-28T08:00:00+00:00 (United States Fifth Circuit) - In a contractual dispute between two companies in the oil-drilling business, vacated a bench trial judgment, in part. The contract related to exploratory drilling for offshore oil. Full Article Oil and Gas Law Contracts
so Southern California Gas Leak Cases By feeds.findlaw.com Published On :: 2019-05-30T08:00:00+00:00 (Supreme Court of California) - Held that businesses may not recover compensation for purely economic losses suffered from mere proximity to an industrial accident (a massive, months-long leak from a natural gas storage facility). Negligence law did not provide them a remedy for income lost because of the leak, in this case where they alleged no property damage or personal injury. Full Article Oil and Gas Law Injury & Tort Law
so Colon-Lorenzana v. South American Restaurants Corp. By feeds.findlaw.com Published On :: 2015-08-21T08:00:00+00:00 (United States First Circuit) - In a lawsuit over the trademarking and continued sale of a chicken sandwich, alleging violations of the Lanham Act and Copyright Act, the district court's order dismissing the federal claims and declination of jurisdiction over the supplemental Puerto Rico law claims is affirmed where: 1) there was no violation of the Copyright Act because neither the name "Pechu Sandwich" nor the recipe are eligible for copyright protection; and 2) the complaint fails to sufficiently plead that defendant committed fraud in the procurement of a federal trademark for the sandwich. Full Article Intellectual Property Copyright Trademark
so Fed. Treasury Ent. Sojuzplodoimport, OAO Moscow Distillery Cristall v. Spirits Int'l B.V. By feeds.findlaw.com Published On :: 2016-01-05T08:00:00+00:00 (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. Full Article Trademark International Law Intellectual Property
so Tyson Foods, Inc. v. Bouaphakeo By feeds.findlaw.com Published On :: 2016-03-22T08:00:00+00:00 (United States Supreme Court) - In a putative employment class action brought by meat processors, alleging that the donning and doffing of safety gear were integral and indispensable to their hazardous work and that employer's policy not to pay for those activities denied them overtime compensation required by the Fair Labor Standards Act of 1938 (FLSA) and violated Iowa wage law, the Eight Circuit's affirmation of the District Court's judgment in worker's favor is affirmed where District Court did not err in certifying and maintaining the class because common questions, such as whether donning and doffing protective gear was compensable under the FLSA, were susceptible to classwide resolution even if not all of the workers wore the same gear. Full Article Labor & Employment Law Class Actions Constitutional Law
so Fredrickson v. Starbucks Corp. By feeds.findlaw.com Published On :: 2016-11-03T08:00:00+00:00 (United States Ninth Circuit) - In a class action brought by three former baristas at Starbucks, challenging defendant's practice of withholding state and federal taxes from baristas' paychecks based on cash tips received, the district court's dismissal with prejudice is reversed and the case remanded to state court where: 1) the Tax Injunction Act and the Anti-Injunction Act deprives the district court of subject matter jurisdiction over plaintiffs' claims for declaratory and injunctive relief; and 2) the federal-state comity doctrine bars the district court from awarding statutory damages on the state-tax component of the plaintiffs' claims. Full Article Labor & Employment Law Class Actions Tax Law
so Parks LLC v. Tyson Foods, Inc. By feeds.findlaw.com Published On :: 2017-07-17T08:00:00+00:00 (United States Third Circuit) - Affirming a summary judgment to the defendant Tyson Foods in a dispute involving their use of the word 'Parks' in reference to hotdogs where the plaintiff once held trademark on this word's use to sell hotdogs until it failed to renew the trademark in the early 2000's. Full Article Intellectual Property False Advertising Trademark Consumer Protection Law
so American Bankers Association v. National Credit Union Administration By feeds.findlaw.com Published On :: 2019-08-20T08:00:00+00:00 (United States DC Circuit) - Remanded. A final rule issued by the National Credit Union Administration intended to make it easier for community credit unions to expand their coverage that was opposed by bankers was largely affirmed, but remanded to consider a portion that might impact poor and minority urban residents. Full Article Administrative Law Civil Procedure Banking Law
so Rozumalski v. W.F. Baird & Associates, Ltd By feeds.findlaw.com Published On :: 2019-08-22T08:00:00+00:00 (United States Seventh Circuit) - Affirmed. The district court dismissal of a workplace harassment suit was affirmed because after harassment was reported the company swiftly investigated and fired the harasser. No evidence was presented to support allegations of harassment in the victim's subsequent dismissal. Full Article Civil Procedure Labor & Employment Law
so Humane Society of the US v. Perdue By feeds.findlaw.com Published On :: 2019-08-23T08:00:00+00:00 (United States DC Circuit) - Vacated and remanded. A pork farmer's suit alleging that the government unlawfully permitted funds for promoting the pork industry to be used for lobbying instead lacked constitutional standing. There was no evidence of misuse of funds that resulted in an injury in fact. Full Article Constitutional Law Government Law Civil Procedure
so 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
so Wilson v. City of Southlake By feeds.findlaw.com Published On :: 2019-08-28T08:00:00+00:00 (United States Fifth Circuit) - Vacated and remanded. An Americans with Disabilities Act claim should not have been dismissed at the summary judgment phase because there were issues of material fact. Full Article Civil Rights Civil Procedure
so Lockett v. Bonson By feeds.findlaw.com Published On :: 2019-08-28T08:00:00+00:00 (United States Seventh Circuit) - Affirmed. The grant of a defense motion for summary judgement in an Eighth Amendment claim brought by a prisoner against prison nurses he says were deliberately indifferent to his needs as a sickle cell disease sufferer was proper because he failed to exhaust his administrative remedies against one nurse and the record wouldn't support a jury finding on his claim against the other. Full Article Civil Procedure Constitutional Law Administrative Law
so Wilson v. Cook County By feeds.findlaw.com Published On :: 2019-08-29T08:00:00+00:00 (United States Seventh Circuit) - Affirmed. The district court properly dismissed complaint by Cook County residents raising Second Amendment claims challenging a ban on assault rifles because the issue had already been addressed by the court. Full Article Civil Procedure Constitutional Law
so Johnson v. Rimmer By feeds.findlaw.com Published On :: 2019-08-30T08:00:00+00:00 (United States Seventh Circuit) - Affirmed. The district court's grant of summary judgment in favor of two individual defendants in a Fourteenth Amendment case arising from the self-mutilation of a man held at a medical health complex was upheld. There was insufficient evidence of their culpability. Full Article Constitutional Law Civil Procedure Evidence
so Superior Seafoods, Inc. v. Tyson Foods, Inc. By feeds.findlaw.com Published On :: 2010-09-03T08:00:00+00:00 (United States Eighth Circuit) - District court's denial of plaintiff's Rule 60(d)(3) motion to vacate an underlying consent judgment involving a series of trademark-related actions stemming from plaintiff's sale of a seafood-products business to defendant is affirmed as, given the facts, and given the equitable requirement that the party seeking relief be free from negligence and fault, the district court clearly did not abuse its discretion in finding equitable relief inappropriate in this case. Full Article Civil Procedure Commercial Law Corporation & Enterprise Law Copyright Trademark M&A
so VRG Linhas Aereas S.A. v. MatlinPatterson Global Opportunities Partners II By feeds.findlaw.com Published On :: 2013-06-03T08:00:00+00:00 (United States Second Circuit) - The district court's judgment denying the petition to confirm a Brazilian arbitral award is vacated and remanded, where the district court decided that the parties' dispute was beyond the scope of their arbitration agreement, without first determining whether the parties had agreed to an arbitration clause that clearly and unmistakably assigned to an arbitral panel, rather than to the court, any questions about the scope of their arbitration agreement. Full Article Commercial Law Contracts Dispute Resolution & Arbitration International Law M&A
so Latido Music Announces Advisory Board - Notable Execs From Univision, Warner Bros., Cinedigm By feedproxy.google.com Published On :: Latido Music, The Premiere 24-hour Digital Television Network Dedicated To Latin Music, Has Announced The Formation Of Its Advisory Board Full Article
so Emotional Debris Release New Singles 'Hey Roman' & 'California Song' By feedproxy.google.com Published On :: 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' Full Article
so In re US Office of Personnel Management Data Security Breach Litigation By feeds.findlaw.com Published On :: 2019-06-21T08:00:00+00:00 (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. Full Article Government Law Cyberspace Law Injury & Tort Law
so County of Sonoma v Gustely By feeds.findlaw.com Published On :: 2019-06-24T08:00:00+00:00 (California Court of Appeal) - Affirmed as modified. Defendant failed to comply with an administrative order for various violations of county codes on his property. County filed suit and was awarded penalties, costs and attorney fees, but at a lower rate than amount ordered by administrative court. Appeals court modified assessment of penalties to the higher rate. Full Article Government Law Administrative Law