national

Mount Isa's international didgeridoo sensation William Barton returns to play on home country

William Barton, a Kalkadunga man who grew up in Mount Isa, performs on stages all over the world, from Carnegie Hall to Finland, and even for the likes of the Royal family.




national

Rural patients left for hours with undiagnosed stroke, promoting calls for national telestroke service

The Stroke Foundation says patients with brain clots and haemorrhages are being left for hours untreated in rural hospitals which do not have the equipment or expertise to support them.




national

UK food and drink sector bucks trend as pandemic sees international trade fall in Q1

Food and drink businesses defied an overall drop in UK exports during the first quarter of 2020 as supply chain disruption and international efforts to combat coronavirus hit overseas sales of goods and services, according to the Lloyds Bank International Trade Index.




national

Homeschooled students get wildcard entry for international Lego robotics tournament

A team of homeschooled students will this week travel overseas, most of them for the first time, to compete in an international Lego robotics competition in Denmark.




national

Australia's competitive rabbit hoppers aim for new heights in international competition

The niche sport, which puts leads on rabbits to guide them through horse-jumping-style events, is growing in popularity and it is hoped may soon reach an elite level.




national

NSW Nationals leader John Barilaro says 'green tape' hindering water security amid drought crisis

The NSW Nationals leader John Barilaro says "green tape" is standing in the way of long-term solutions to the drought crisis, and suggests the state could borrow money to reshape water infrastructure.





national

Augusta National donates 2,000 pounds of Masters food to charity




national

NHL, NHLPA announce postponement of 2020 international games




national

Franklin: College football reopening 'needs to be national or not at all'




national

American Constitution Society wins national award

A student group at The Ohio State University Moritz College of Law has been recognized for its outstanding programming by the American Constitution Society for Law and Policy.




national

Speaking of Awards: IBM India Research Lab honored with National Award for Technological Innovation.

The Ministry of Social Justice and Empowerment in India recently presented its National Award for Technological Innovation to the IBM India Research Lab for Project Spoken Web.




national

October is National Disability Employment Awareness Month. IBM honored with award from USBLN

The USBLN 2010 Annual Leadership Awards highlighted employer achievements in seven categories, including supplier diversity and market share. IBM was among those honored, receiving the "Employee Resource Group (ERG) of the Year" award for exemplary strategies to advance disability inclusiveness in the workplace, marketplace and supply chain.




national

Harper felt 'hurt' by Nationals' offer in free agency




national

2020 Augusta National Women's Amateur canceled




national

Behrmann v. National Heritage Foundation, Inc.

(United States Fourth Circuit) - District Court affirmance of bankruptcy court order confirming Chapter 11 reorganization plan of nonprofit public charity is vacated and case remanded where: 1) bankruptcy court did not make specific factual findings explaining why it approved and included certain release, injunction, and exculpation provisions applicable to nondebtors; and 2) appeal was not equitably moot.




national

City of Spokane v. Federal National Mortgage Association

(United States Ninth Circuit) - In this case, the district court's judgment in favor of defendants Federal National Mortgage Association and Federal Home Loan Mortgage Corporation, finding them statutorily exempt from state and local taxation of real property transfers and finding that Congress had the constitutional authority to exempt defendants from such taxation, is affirmed, where: 1) the transfer taxes at issue here are excise taxes, and the statutory carve-outs allowing for taxation of real property encompass only property taxes, not excise taxes; 2) because Congress had power under the Commerce Clause to regulate the secondary mortgage market, it had power under the Necessary and Proper Clause to ensure the preservation of defendant organizations by exempting them from state and local taxes; and 3) the exemptions do not violate the Tenth Amendment.




national

Cohen v. Kabbalah Centre International Inc.

(California Court of Appeal) - Held that a woman who made a sizeable donation to a San Diego spiritual group had no right to obtain her money back. Affirmed a summary adjudication in relevant part, rejecting her fraud and other claims.



  • Tax-exempt Organizations
  • Injury & Tort Law

national

Finkelman v. National Football League

(United States Third Circuit) - Reversing a district court determination that a man complaining that the NFL's policies relating to the sale of SuperBowl tickets violated New Jersey law lacked subject matter jurisdiction and deferring action on the merits of the appeal pending a decision by the Supreme Court of New Jersey on a petition for certification of questions of state law, retaining jurisdiction over the appeal pending resolution of the certification.




national

National Association of African American-Owned Media v. Charter Communications, Inc.

(United States Ninth Circuit) - Held that an African American-owned operator of television networks sufficiently pleaded a claim that a cable television operator refused to enter into a carriage contract based on racial bias, in violation of 42 U.S.C. section 1981. Also, the section 1981 claim was not barred by the First Amendment. On interlocutory appeal, affirmed denial of a motion to dismiss.




national

Plixer International, Inc. v. Scrutinizer GMBH

(United States First Circuit) - Held that the exercise of specific personal jurisdiction over a German company in a trademark infringement action did not violate due process. The German company, which operated an English-language website, argued that it lacked the requisite minimum contacts with the United States. Disagreeing, the First Circuit affirmed the district court's ruling that the exercise of personal jurisdiction was constitutional.




national

Seventh Avenue, Inc. v. Shaf International, Inc.

(United States Seventh Circuit) - Affirmed that a corporation was in contempt of a consent judgment because its outside counsel failed to respond to a motion alleging a violation of the judgment and to appear at a hearing on the motion, in a trademark infringement case.




national

LUBONTY v. BANK NATIONAL ASSOCIATION

(NY Court of Appeals) - No. 85




national

We Chat, They Watch: How International Users Unwittingly Build up WeChat’s Chinese Censorship Apparatus - The Citizen Lab

Important new CitizenLab report: "We Chat, They Watch: How International Users Unwittingly Build up WeChat’s Chinese Censorship Apparatus"




national

Augusta National donates $2M for local COVID-19 relief




national

UEFA suspends all club, international matches 'until further notice'




national

Plixer International, Inc. v. Scrutinizer GMBH

(United States First Circuit) - Held that the exercise of specific personal jurisdiction over a German company in a trademark infringement action did not violate due process. The German company, which operated an English-language website, argued that it lacked the requisite minimum contacts with the United States. Disagreeing, the First Circuit affirmed the district court's ruling that the exercise of personal jurisdiction was constitutional.




national

Seventh Avenue, Inc. v. Shaf International, Inc.

(United States Seventh Circuit) - Affirmed that a corporation was in contempt of a consent judgment because its outside counsel failed to respond to a motion alleging a violation of the judgment and to appear at a hearing on the motion, in a trademark infringement case.




national

Malibu Textiles, Inc. v. Label Lane International, Inc.

(United States Ninth Circuit) - Revived a textile company's copyright infringement claims accusing certain competitors of illegally copying its floral lace designs. Reversed dismissals.




national

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.




national

Soarus LLC v. Bolson Materials International Corp.

(United States Seventh Circuit) - Held that a company did not violate a nondisclosure agreement by including particular information in a patent application for a 3D printing process. Affirmed summary judgment against a breach-of-contract claim brought by the other party to the nondisclosure agreement, a distributor of specialty polymers.




national

Starr International Co. v. US

(United States DC Circuit) - Held that a Switzerland-based financial firm could proceed with a tax refund claim. The firm sought a $38 million refund under a U.S.-Swiss treaty that deals with the tax on dividends paid by U.S. corporations and received by foreign shareholders. Reversed the district court's ruling that the refund claim raised a nonjusticiable political question.




national

Jam v. International Finance Corp.

(United States Supreme Court) - Held that an international organization did not have as much immunity from lawsuits as it contended it did. The U.S.-headquartered organization was being sued in connection with its financing of a development project in India that allegedly created damaging pollution. The U.S. Supreme Court concluded that the organization's immunity was the same as foreign governments enjoy today under the Foreign Sovereign Immunities Act, in a 7-1 decision interpreting the International Organizations Immunities Act. Chief Justice Roberts delivered the Court's opinion. Justice Kavanaugh took no part in the decision.




national

JPMorgan Chase Bank, National Association, respondent, v. Elida Nellis, appellant, et al., defendants. (Appeal No. 1)

(NY Supreme Court) - 2017–04429 2018–04808 Index No. 4054/13




national

Cooke v. Jackson National Life Insurance Co.

(United States Seventh Circuit) - Held that a policyholder who successfully sued a life insurance company was not entitled to an award of attorney fees. Reversed the fee award, in this diversity jurisdiction case.




national

Ekhlassi v. National Lloyds Insurance Co.

(United States Fifth Circuit) - In an insurance coverage case, held that a homeowner delayed too long before bringing suit over a flood insurance claim. Affirmed summary judgment in favor of the insurer, holding that the suit was time-barred.




national

McMillin Homes Construction Inc. v. National Fire and Marine Insurance Co.

(California Court of Appeal) - Held that an insurance company owed a duty to defend a general contractor who was being sued by homeowners over alleged roofing defects. The case involved a commercial general liability insurance policy issued to a roofing subcontractor. Reversed the decision below.




national

SEC v. Stanford International Bank Ltd.

(United States Fifth Circuit) - Addressed insurance coverage issues in a securities fraud case. Held that the district court abused its discretion in approving a settlement agreement and so-called bar orders. Vacated and remanded for further proceedings, in this case involving a financial firm's massive Ponzi scheme.




national

Emmis Communications Corporation v. Illinois National Insurance Company

(United States Seventh Circuit) - Reversed and remanded. The district court's entry of summary judgment for a company on a claim of breach of contract against an insurer was overturned because of the court's interpretation of the clause "as reported" to mean a report had been made, rather than referencing events that had already occurred at the time of the drafting.




national

National Labor Relations Board v. Ingredion Inc.

(United States DC Circuit) - Petition denied. The petition for review of a National Labor Relations Board decision was supported by substantial evidence and contentions that the Board violated due process and improperly imposed a notice-reading remedy were without merit.




national

Starr International Co. v. US

(United States DC Circuit) - Held that a Switzerland-based financial firm could proceed with a tax refund claim. The firm sought a $38 million refund under a U.S.-Swiss treaty that deals with the tax on dividends paid by U.S. corporations and received by foreign shareholders. Reversed the district court's ruling that the refund claim raised a nonjusticiable political question.




national

National Association for the Advancement of Multijurisdictional Practice v. Lynch

(United States Fourth Circuit) - In a challenge to the conditions placed on the privilege of admission to the Bar of the United States District Court for the District of Maryland in Local Rule 701, the District Court's grant of the Government's motion to dismiss is affirmed where Rule 701 violates neither the Constitution nor federal law.



  • Ethics & Professional Responsibility
  • Judges & Judiciary

national

National Conference of Black Mayors v. Chico Community Publishing, Inc.

(California Court of Appeal) - Affirmed an order denying attorney's fees to a newspaper that had been forced to litigate over its request for public records. The newspaper argued that it was entitled to reasonable attorney's fees under the California Public Records Act. However, the Third Appellate District disagreed, holding that the Act does not allow for an award of attorney fees when the requester litigates against an officer of a public agency in a mandamus action that the officer initiated to keep the public agency from disclosing records it agreed to disclose.




national

Spinelli v. National Football League

(United States Second Circuit) - Reinstated sports photographers' copyright infringement claims against the National Football League and the Associated Press. Seven photographers who make a living taking photos of NFL events alleged that thousands of their photos were exploited without a license and without compensating them in any way. Vacating in part and remanding, the Second Circuit held that some of the photographers' claims were plausibly pleaded.




national

National Lawyers Guild v. City of Hayward

(California Court of Appeal) - Held that a city was entitled to invoice the National Lawyers Guild for certain costs incurred in complying with the Guild’s requests for production of documents under the California Public Records Act, including billing for the time that city employees spent redacting police body camera videos.




national

National Association of African American-Owned Media v. Charter Communications, Inc.

(United States Ninth Circuit) - Held that an African American-owned operator of television networks sufficiently pleaded a claim that a cable television operator refused to enter into a carriage contract based on racial bias, in violation of 42 U.S.C. section 1981. Also, the section 1981 claim was not barred by the First Amendment. On interlocutory appeal, affirmed denial of a motion to dismiss.




national

National Association of African American-Owned Media v. Charter Communications, Inc.

(United States Ninth Circuit) - In an amended opinion, held that an African American-owned operator of television networks sufficiently pleaded that a cable television operator unlawfully refused to enter into a carriage contract based on racial bias, in violation of 42 U.S.C. section 1981. Affirmed denial of a motion to dismiss, on interlocutory appeal.




national

Pneuma International Inc v. Cho

(California Court of Appeal) - Affirmed. Plaintiff sued former employee alleging several business torts including unfair competition and trespass to chattel. Appeals court held that trespass to chattel in business does not establish that the party engaged in an unlawful business practice under California’s Unfair Competition Law. Affirmed in favor of Defendant.



  • Labor & Employment Law
  • Corporation & Enterprise Law

national

Crystallex International Corp. v. Petroleos de Venezuela, S.A.

(United States Third Circuit) - Concluding that a transfer by a non-debtor cannot be a 'fraudulent transfer' under the Delaware Uniform Fraudulent Transfer Act in a complicated case involving Venezuela's nationalization of a gold mine owned by a Canadian company, the debt judgment subsequently issued by the World Bank, and the ensuing financial shuffle among companies related to the original transaction.




national

Changzhou Trina Solar Energy Co., Ltd. v. US International Trade Commission

(United States Federal Circuit) - Affirming the US Court of International Trade's decision sustaining the International Trade Commission's finding that Chinese imports of crystalline silicon photovoltaic cells and modules were being dumped on the US market, damaging domestic industry, because these determinations were supported by substantial evidence on the record.