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Boyd v. Freeman

(California Court of Appeal) - Reversing and remanding a claim of wrongful foreclosure in a case arising out of a contentious set of circumstances in which an attorney initiated foreclosure proceedings against a former client who filed a prior action alleging legal malpractice and other wrongdoing, characterizing the loan securing the property as usurious because prior demurrers did not bar the action and did not contravene the rule against splitting a cause of action.



  • Property Law & Real Estate
  • Civil Procedure
  • Ethics & Professional Responsibility

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Fluidmaster v. Fireman's Fund Ins. Co.

(California Court of Appeal) - Reversed an order disqualifying a law firm from an insurance coverage case based on a newly hired associate's conflict of interest. While the disqualification ruling was pending on appeal, the discovery associate left the 500-plus attorney firm. Based on this development, the Fourth Appellate District reversed the disqualification order and returned the case to the trial court with directions to reweigh the competing disqualification considerations in light of Kirk v. First American Title Ins. Co., 183 Cal. App. 4th 776 (2010).



  • Ethics & Professional Responsibility

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Eil v. US Drug Enforcement Administration

(United States First Circuit) - Reversing a district court decision relating to the release of private individuals' medical documents under the Freedom of Information Act in a case brought by a journalist conducting research because the balancing of public interest in disclosure and the relevant privacy interests was flawed due to the court's application of the wrong standard because the release of the documents was unlikely to advance a valid public interest and substantial privacy interests implicated by the records outweighed the interest in disclosure.




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BMG Rights Management LLC v. Round Hill Music LP

(United States Fourth Circuit) - Affirming in part, reversing in part, and remanding a case alleging copyright infringement seeking to hold a high-speed internet provider contributorily responsible for infringement of a music publisher's copyrights, affirming the trial court's determination that the defense was not entitled to a safe harbor defense, but reversing, vacating, and remanding on account of errors in jury instructions.




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Lemelson v. Bloomberg L.P.

(United States First Circuit) - Affirmed the dismissal of a defamation suit brought by a hedge fund manager who claimed Bloomberg News falsely reported that he was being investigated by the Securities and Exchange Commission. The plaintiff brought suit against Bloomberg, as well as the reporter and editor of the story, alleging that they had defamed him and committed other common-law torts. Agreeing with the district court, the First Circuit held that the plaintiff was required to plausibly allege actual malice because he was at least a limited-purpose public figure and that he had failed to allege such facts.




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Heller Ehrman LLP v. Davis Wright Tremaine LLP

(Supreme Court of California) - Holding that under California law, a dissolved law firm has no property interest in legal matters handled on an hourly basis and therefore no interest in profits generated by a former partners' work on hourly fee matters pending at the time of dissolution.




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The Police Retirement System of St. Louis v. Page

(California Court of Appeal) - Affirming the grant of summary judgment to Google executives in a suit brought by three shareholders bringing derivative suits alleging the corporation was harmed by executives who agreed to refrain from actively recruiting employees working for competitors, an arrangement that had been previously abandoned when it gave rise to antitrust issues with the Department of Justice, because the claim was barred by the three-year statute of limitations.




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SolarCity Corp. v. Salt River Agricultural Improvement and Power Dist.

(United States Ninth Circuit) - In an antitrust lawsuit alleging a power district had attempted to entrench its monopoly by setting prices that disfavored solar-power providers, defendant's appeal of the district court order denying its motion to dismiss the suit based on the state-action immunity doctrine, is dismissed for lack of jurisdiction where the collateral order doctrine does not allow an immediate appeal of an order denying a dismissal motion based on state-action immunity.




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World Business Academy v. California State Lands Commission

(California Court of Appeal) - Affirming the denial of an administrative writ and declaratory relief in the case of a Pacific Gas and Electric Company lease extension on two long term leases on land used for water intake and discharge for a nuclear power plant because the lease replacement was subject to the existing facilities categorical exemption to the California Environmental Quality Act's environmental impact report requirement and the unusual circumstances exception did not apply.




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Financial Oversight and Management Board for Puerto Rico v. Ad Hoc Group of PREPA Bondholders

(United States First Circuit) - Vacated an order denying a request by Puerto Rico Electric Power Authority (PREPA) bondholders for relief from an automatic stay. The bondholders argued that a statute enacted by Congress to address Puerto Rico's financial crisis did not preclude them from obtaining relief so that they could petition another court to place PREPA into receivership. Agreeing, the First Circuit held that the district court erred in concluding otherwise.




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Cisco Systems, Inc. v. Int'l Trade Comm.

(United States Federal Circuit) - In a patent action, the International Trade Commission's limited exclusion order for the import of certain network devices by Artista Networks, Inc., for infringing 3 patents belonging to Cisco Systems while finding no infringement on 2 other patents, is affirmed where the Commission's findings were supported by substantial evidence.




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BAE Systems Technology Solution and Services, Inc. v. Republic of Korea's Defense Acquisition Program Administration

(United States Fourth Circuit) - Affirming the district court's grant of a declaratory judgment to the plaintiff that it hadn't breached any contractual agreement with Korea, but refusing a permanent injunction barring Korea from suing them in Korean courts in a contract suit between a US defense contractor and Korea in a complex set of exchanges involved in upgrading the country's fighter planes.




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Sunpreme Inc v. US

(United States Federal Circuit) - Defendant appealed from a judgement of the US Court of International Trade in favor of plaintiff. The Court of Appeals held that the Court of International Trade lacked jurisdiction to hear plaintiffs claims and reversed the judgement. The Appeals court concluded that jurisdiction under 28 USC section 1581 may not be invoked until administrative remedies are exhausted.




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InfoSpan, Inc. v. Emirates NBD Bank PJSC

(United States Ninth Circuit) - Held that there was no basis for personal jurisdiction over a United Arab Emirates bank in a commercial dispute with a technology firm. The firm argued that the bank had waived its personal-jurisdiction defense through its litigation conduct. Disagreeing, the Ninth Circuit reversed and remanded with directions to dismiss the case because the bank lacked sufficient minimum contacts with the U.S.




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Stemcor USA Inc. v. Cia Siderurgica do Para Cosipar

(United States Fifth Circuit) - On rehearing of a dispute between two creditors, held that Louisiana's non-resident attachment statute allows for attachment in aid of arbitration. Further held that subject matter jurisdiction existed here under the Convention on the Recognition and Enforcement of Foreign Arbitral Awards. Vacated and remanded.




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Fair Wind Sailing Inc v. H. Dempster

(United States Third Circuit) - In this action alleging that defendants infringed upon plaintiff's trade dress in violation of the Lanham Act and unjustly enriched themselves by copying plaintiff's business, dismissal of plaintiff's trade dress and unjust enrichment claims and subsequent award of attorneys' fees to defendants is: 1) affirmed as to the trade dress and unjust enrichment claims, where plaintiff failed to adequately explain what "dress" it sought to protect, and plaintiff did not plead with sufficient particularity in what manner defendants had been unjustly enriched; and 2) vacated and remanded as to the award of attorneys' fees, where the award of reasonable fees would have been appropriate only to the extent that this was an "exceptional" case under section 35(a) of the Lanham Act.




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Power Integrations v. Fairchild Semiconductor

(United States Federal Circuit) - Affirmed in part and vacated in part where a jury found that defendant had infringed on plaintiff's patents and had awarded damages based on the entire market value rule. The Federal Circuit court affirmed the infringement judgment, but vacated the damages award stating that the entire market value rule could not be used in this case.




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In Re Rembrandt Techs. LP Patent Litig.

(United States Federal Circuit) - Affirmed in part and vacated in part. Rembrandt filed numerous patent infringement actions against dozens of cable companies. After years of litigation, the district entered final judgment against Rembrandt for all claims. Cable company defendants filed a motion for attorney fees. The district court issued an order declaring the case exceptional and granting more than $51 million in fees. Rembrandt appealed the award. The Federal Circuit affirmed the exceptional case determination, but vacated and remanded the fees award for further analysis of the connection between the fees and the plaintiff’s misconduct.




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Gov't Employees Ins. v. Avanguard Med. Group

(Court of Appeals of New York) - In an insurance action, brought by plaintiff insurance companies seeking declaratory relief, the Appellate Division's order is affirmed where Insurance Law section 5102 does not require no-fault insurance carriers to pay a facility fee to reimburse New York State-accredited office-based surgery centers for the use of their facilities and related support services.




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Stonehill Capital Management v. Bank of the West

(Court of Appeals of New York) - In a contracts action arising from a dispute over the auction sale of a syndicated loan, the Appellate Division's grant of defendant's motion for summary judgment is reversed where the lack of a written sales agreement and plaintiffs' failure to submit a timely cash deposit were not conditions precedent to the formation of the parties' contract and do not render their agreement unenforceable.




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Hardeman v. Wathen

(United States Seventh Circuit) - Affirmed. A correctional facility was not entitled to qualified immunity in a putative class action suit by pretrial detainees that were denied running water and claimed Fourteenth Amendment violations.




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Spady v. Bethlehem Area School Dist.

(United States Third Circuit) - In an action stemming from the death of plaintiff's 15-year old son from a rare form of asphyxiation known as "dry drowning" or "secondary drowning" shortly after his participation in a mandatory swimming class run by his physical education teacher, claiming violations of her son's civil rights under 42 U.S.C. section 1983, the district court's denial of defendant's motion for summary judgment, on the basis of qualified immunity, is reversed where defendant's conduct did not violate a clearly established constitutional right.




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Gemmink v. Jay Peak Inc.

(United States Second Circuit) - In an injury action arising from a skiing accident, the district court's grant of summary judgment to defendant ski resort is affirmed where plaintiff failed to offer sufficient evidence of the link between his injuries and the assumed negligence of the defendant.




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National Football League Management Council v. National Football League Players Association

(United States Second Circuit) - In a dispute arising out of the alleged improper use of deflated footballs by professional football athlete Tom Brady, the District Court's vacation of the NFL Commissioner's award confirming the discipline of Brady, based upon the court's finding of fundamental unfairness and lack of notice, is reversed where: 1) the Commissioner properly exercised his broad discretion under the collective bargaining agreement; and 2) his procedural rulings were properly grounded in that agreement and did not deprive Brady of fundamental fairness.



  • Labor & Employment Law
  • Sports Law
  • Dispute Resolution & Arbitration

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Sanchez v. Kern Emergency Medical Trans.

(California Court of Appeal) - In an action arising out of injuries plaintiff sustained during a high school football game, alleging ambulance crew was grossly negligent in not properly assessing plaintiff's condition and immediately transporting him to the hospital in the standby ambulance, the trial court's grant of summary judgment to ambulance service provider defendant is affirmed where the court did not err in finding that there was no triable issue of material fact regarding causation.




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Solomon v. Bert Bell/Pete Rozelle NFL Player Retirement

(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.




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Kennedy v. Bremerton School District

(United States Ninth Circuit) - Affirming the denial of preliminary injunctive relief in an action brought by a high school coach who alleged First Amendment violations when he was suspended for kneeling and praying in the middle of a football field immediately after football games because while coaching he was a public employee, not a private citizen.




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Webster v. Claremont Yoga

(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.




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Cinema West, LLC v. Baker

(California Court of Appeal) - Affirming the superior court's determination that a movie theater being constructed using a loan from the city government and receiving city grant funds was subject to California's prevailing wage laws as they apply to 'public works.'




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Chugach Management Services Zurich American Insurance Co. v. Jetnil

(United States Ninth Circuit) - Denying the petition for review of the award of disability benefits under the Defense Base Act and the application of a judicially-created 'zone of special danger' doctrine to a local national injured while employed by a government contractor overseas.




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U.S. ex rel. Lemon v. Nurses To Go, Inc.

(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.




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Alarm Detection Systems, Inc. v. Orlando Fire Protection District

(United States Seventh Circuit) - District court's granting of summary judgment and bench verdict for Defendant affirmed. Sherman Act claim fails where the only current feasible way to comply with Chicagoland area city commercial fire safety ordinances was to use an exclusive provider. Under Fisher v. City of Berkeley, government restraints on trade imposed unilaterally do not form the basis of a Section 1 or Section 2 claim.




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ACCO Engineered Systems, Inc. v. Contractors' State License Board

(California Court of Appeal) - Upheld a decision of the Contractors' State License Board finding that a large contracting company violated California law by failing to obtain a building permit before replacing a boiler. Affirmed the denial of the company's writ petition.




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Berkeley Cement, Inc. v. Regents of the University of California

(California Court of Appeal) - Held that mediation costs fall within the category of costs that may be awarded in the trial court’s discretion. Affirmed an award to the prevailing party in this construction dispute.




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Design Built Systems v. Sorokine

(California Court of Appeal) - In a dispute between a homeowner and building contractors, reversed the trial court's directed verdicts and remanded.




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Synergy Project Management, Inc. v. City and County of San Francisco

(California Court of Appeal) - Upheld San Francisco's decision to order a prime contractor on a public works project to replace a subcontractor. Reversed the trial court.




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Precision Framing Systems Inc. v. Luzuriaga

(California Court of Appeal) - Affirmed. Plaintiff performed framing work on a commercial building owned by Defendant. Plaintiff was not paid for his work and filed a mechanic’s lien. Defendant complained of problems with some of the framing and Plaintiff performed repair work. Plaintiff filed this action to foreclose on its mechanic’s lien. The trial court granted Defendant summary judgment ruling that the mechanic’s lien was filed prematurely, before Plaintiff had ceased work. The appeals court agreed.




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Goldstein v. California Unemployment Insurance Appeals Board

(California Court of Appeal) - Upheld the denial of a man's application for unemployment insurance benefits. Affirmed the denial of writ relief.




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U.S. ex rel. Lemon v. Nurses To Go, Inc.

(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.




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Hoag Memorial Hospital Presbyterian v. Kent

(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.




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Blaser v. State Teachers' Retirement System

(California Court of Appeal) - Reversed. Plaintiff, a retired teacher, sought relief to prevent Defendant from reducing retirement benefits and to restore monies wrongfully withheld. The trial court held that Defendant was time-barred to reduce benefits and collect over payment, thus concluding that continuous accrual theory did not apply. Appeals court held the continuous accrual theory did apply, but Defendant was time barred as to over payments made more than three years before the action was filed and may adjust future monthly payments to recoup those prior over payments.




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Robles v. Employment Development Dept

(California Court of Appeal) - Affirmed in part, reversed in part, and remanded. Plaintiff sued for the wrongful denial of unemployment benefits. On appeal, Plaintiff was granted unemployment benefits. On this, Plaintiff's third appeal over this controversy, the appeals court affirmed the award of attorney’s fees, but reversed and remanded because the trial court improperly limited the scope of the fees.




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Tesla Generator Spam - PayAdvance.com Application for Membership

A "buy two for the price of one" type of spammer.




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Senseless phishing scam attempt

This phishing scammer decided to skip the normal mumbo jumbo and just send the phishing link.




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Bank Draft Scam - CONTACT DR HILARRY NDUBEM NOW

BARR. Katie Richardson wants you to contact DR HILARRY NDUBEM. Do not contact any of these swindlers... ever!




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Job Offer Scam - Job Bank: Employment, Job Search, Careers, Computer Jobs

Cliff is offering you the job of shipping manager assistant. The problem is, there is no job, so there is no salary, only a scammer waiting to take your money. This is the worst type of scammer, taking money from unemployed people.




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eBay Phishing Scam - Question about Item #622356725421 - Respond Now

An eBay phishing scammer trying to pique your curiosity.




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Stopthemillenniumhollywood.com v. City of Los Angeles

(California Court of Appeal) - Affirmed. Plaintiff challenged a trial court ruling that a proposed development failed to comply with the California Environmental Quality Act. The appeals court found that the trial court did not err in concluding that that the project failed to comply with the CEQA requirement of an accurate, stable, and finite project description.




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Axiom Foods, Inc. v. Acerchem Int'l

(United States Ninth Circuit) - In a civil procedure action, arising from a copyright infringement action brought by plaintiffs, American companies in the natural foods industry, against defendant, a UK limited company, after defendant sent an email newsletter containing plaintiffs' logos to 343 email addresses, the district court's dismissal for lack of personal jurisdiction is affirmed where defendant's suit-related conduct did not create a substantial connection with California.




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BMG Rights Management LLC v. Round Hill Music LP

(United States Fourth Circuit) - Affirming in part, reversing in part, and remanding a case alleging copyright infringement seeking to hold a high-speed internet provider contributorily responsible for infringement of a music publisher's copyrights, affirming the trial court's determination that the defense was not entitled to a safe harbor defense, but reversing, vacating, and remanding on account of errors in jury instructions.