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Contractors' State Licensing Board v. Superior Court (Black Diamond Electric, Inc.)

(California Court of Appeal) - Held that an electrical contractor could not proceed with its lawsuit challenging a state licensing board's disciplinary decision, because the contractor was required to exhaust its administrative remedies before filing suit. Granted the licensing board's petition for a writ of mandate.




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Hart v. Keenan Properties

(California Court of Appeal) - Reversed a $1.6 million jury verdict in an individual's asbestos-related personal injury lawsuit. Held that there was no admissible evidence that the defendant company supplied asbestos-cement pipes to a worksite in the 1970s; the only evidence was hearsay.




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Travelers Property Casualty Co. v. Engel Insulation, Inc.

(California Court of Appeal) - Held that insurers could not sue a construction subcontractor to recover attorney fees and costs incurred in defending developers in a prior construction defect action, under the facts here. Affirmed a judgment on the pleadings.




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Yu v. Liberty Surplus Insurance Corp.

(California Court of Appeal) - Affirmed an order voiding a default judgment on procedural grounds. Held that the complaint did not provide adequate notice to sustain a default because it failed to specify the amount of damages that the plaintiff was seeking, and instead merely prayed for "damages according to proof," in this lawsuit related to the construction of a hotel.




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Los Angeles County Metropolitan Transportation Authority v. Yum Yum Donut Shops Inc.

(California Court of Appeal) - Held that a donut shop that was condemned through eminent domain because it was in the path of a proposed rail line was entitled to compensation for its lost goodwill. Reversed and remanded.




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Culbertson v. Berryhill

(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.




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Texas Tech Physicians Associates v. US Department of Health and Human Services

(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.




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In Re: Devan Dennis and Tyeane Halbert

(United States Seventh Circuit) - Affirmed. The Illinois Child Care Assistance Program could not collect overpayments made to debtors under the Supplemental Nutrition Assistance Program who filed for bankruptcy.




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D.C. Association of Chartered Public Schools v. District of Columbia

(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.




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Omlansky v. Save Mart Supermarkets

(California Court of Appeal) - Affirmed. Plaintiff brought a qui tam action alleging that Defendant violated the False Claims Act in its billings to Medi-Cal. The trial court sustained a demurrer and entered a judgment of dismissal of the complaint. The appeals court held that Defendant did not violate any requirement under law as to its billings to Medi-Cal.




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Mick Martin's Blues Party, February 22, 2020




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Mick Martin's Blues Party, February 29, 2020




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Mick Martin's Blues Party, March 7, 2020




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Mick Martin's Blues Party, March 14, 2020




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Mick Martin's Blues Party, March 28, 2020




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Mick Martin's Blues Party, April 4, 2020




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Mick Martin's Blues Party, April 11, 2020




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Mick Martin's Blues Party, April 18, 2020




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Mick Martin's Blues Party, April 25, 2020




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Mick Martin's Blues Party, May 2, 2020




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SARS eFiling Phishing Scam - Support Center

Another lame attempt at defrauding honest tax-paying South Africans. These phishing scammers could have at least used a better logo in their e-mail.




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Parcel Delivery Malware Spam - UPS Shipping service report Q76WQCOQBV

Poorly formatted, fake UPS Shipping service report, including malware.




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Inheritance Fund Scam - Partnership Request by David Tanguay

This is not an e-mail from David Tanguay, it is from oldest-trick-in-the-book-419-scammer.




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Inheritance Fund Scam - Mrs. Martha Moran Sanz

An inheritance fund scammer that requires you to eat the documents to get the funds.




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Banking Phishing Scam - ABSA Global business customers certificate update

Malware phishing scammers targeting ABSA customers with the ZBot Trojan.




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Charity Scam - Further Information :

A response from Fang Wengen, the lawyer of Mrs Yang Huiyan




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Parcel Delivery Malware Spam - DHL delivery failure report

Malware delivered via a link in a fake DHL Notification e-mail.




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Banking Phishing Scam - Chase Alert(SM): Notice for your Account

A fake Chase e-mail that has PHISHING written all over it.




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Amazon.com Malware Spam - Order report

A fake Amazon order report, with a touch of false anti-virus peace of mind...




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Paypal Phishing Scam - Important Message

The most confusing Paypal phishing scam ever!




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Liebhart v. SPX Corp.

(United States Seventh Circuit) - Revived property owners' claim that toxic dust and debris from the demolition of an abandoned factory migrated onto their properties, jeopardizing their health and the health of their tenants. Vacated a summary judgment ruling, in a lawsuit brought under federal statutes authorizing private rights of action for environmental contamination, and also under state law.




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WildEarth Guardians v. Provencio

(United States Ninth Circuit) - Held that environmental advocacy groups could not proceed with their challenge to the U.S. Forest Service's decision to permit the limited use of motor vehicles off-road in a national forest in Arizona for certain purposes. Affirmed summary judgment against the environmental groups' claims.




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Sustainability, Parks, Recycling and Wildlife Defense Fund v. Department of Resources Recycling and Recovery

(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.




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Oregon Natural Desert Association v. Rose

(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.




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WildEarth Guardians v. Provencio

(United States Ninth Circuit) - In an amended opinion, held that environmental advocacy groups could not proceed with their challenge to the U.S. Forest Service's decision to permit limited motorized big game retrieval in a national forest in Arizona. Affirmed summary judgment against the environmental groups' claims.




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Varlen Corp. v. Liberty Mutual Insurance Co.

(United States Seventh Circuit) - Held that an insurance company did not have to indemnify an insured for the cost of cleaning up groundwater contamination at its industrial sites. Affirmed summary judgment in favor of the insurer, in this case involving the policy's pollution exclusion clause.




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Center for Biological Diversity v. California Department of Conservation

(California Court of Appeal) - Rejected an environmental advocacy group's challenge to an environmental impact report prepared by the California Department of Conservation addressing the effects of hydraulic fracturing and other well stimulation treatments. Affirmed the denial of writ relief.




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SelectSun GmbH v. Porter, Inc.

(United States Seventh Circuit) - Held that a yacht buyer may not proceed with a contract and warranty lawsuit against a yacht manufacturer. Affirmed a judgment after a bench trial, in a dispute involving the exhaust system's compliance with European Union regulatory requirements.




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Cortes-Ramos v. Sony Corporation of America

(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.




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Robert Stevens v. Corelogic, Inc.

(United States Ninth Circuit) - Affirmed. In this copyright law case, the 9th Circuit affirmed the district court’s grant of summary judgment in favor of the defendant. Plaintiffs, professional photographers, alleged that defendants removed copyright information metadata from their photographs in violation of 17 USC section 1202(b)(1)-(3). Section 1202 requires defendants to have known the prohibited act would induce, enable, facilitate or conceal infringement. Plaintiffs were unable to offer evidence to satisfy this requirement.




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Cortes-Ramos v. Martin-Morales

(United States First Circuit) - Reversed the order to dismiss the plaintiff's copyright and trademark claims stemming from a songwriting contest. Plaintiff entered a songwriting competition and agreed to the terms of the contest rules including an arbitration provision. Plaintiff did not win the contest, but alleges that the song he submitted was used by defendant for a music video. The court held that defendant was not a party to the arbitration agreement and could not invoke its provisions.




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ABS Entertainment, Inc. v. CBS Corp.

(United States Ninth Circuit) - Reinstated claims for violation of California law copyrights possessed in certain musical performance sound recordings. The plaintiff copyright holders argued that their decision to remaster their pre-1972 analog sound recordings onto digital formats did not bring the remastered sound recordings exclusively under the ambit of federal law. Agreeing with the plaintiffs that their state law copyright claims were not preempted, the Ninth Circuit reversed the entry of summary judgment for the defendant radio broadcasters.




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ABS Entertainment Inc. v. CBS Corp.

(United States Ninth Circuit) - In an amended opinion, reinstated musical recording owners' claims that radio broadcasters violated their state law copyrights in pre-1972 analog sound recordings that were later remastered onto digital formats. Reversed the entry of summary judgment for the broadcasters and also reversed the striking of the plaintiffs' class certification motion.




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Fourth Estate Public Benefit Corp. v. Wall-Street.com

(United States Supreme Court) - Held that a copyright claimant may not commence an infringement suit until the Copyright Office registers the copyright. The plaintiff, a news organization that sued a news website for infringement, argued that the relevant date should be when the Copyright Office receives a completed application for registration, even if the Register of Copyrights has not yet acted on that application. The U.S. Supreme Court disagreed, in a unanimous opinion delivered by Justice Ginsburg.




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More Ozzy TV- Arctic Monkeys 'Four Out Of Five' Video, Muse Concert Film Preview, Cliff Burton Documentary, Sevendust, Free Volbeat Show and more

More Ozzy TV- Arctic Monkeys 'Four Out Of Five' Video, Muse Concert Film Preview, Cliff Burton Documentary, Sevendust, Free Volbeat Show and more




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Today's Full Day in Pop Report

All of today's top pop music news stories




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U.S. v. U.S. District Court for the District of Oregon

(United States Ninth Circuit) - Denied the federal government's petition for mandamus to stop a lawsuit alleging that the government is ignoring the dangers of climate change. This lawsuit was brought by a number of children and young adults who accuse federal officials of violating their due process rights by failing to take action to address climate change. Having previously denied the government's first mandamus petition, the panel concluded that no new circumstances justify this second mandamus petition and the case is currently set for trial.




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Center for Biological Diversity v. Department of Conservation

(California Court of Appeal) - Affirmed that an environmental group was not entitled to a writ of mandate directing the California Department of Conservation to order the immediate closure of oil and gas wells injecting fluids into certain underground aquifers. The environmental group argued that the department had violated its duty under the federal Safe Drinking Water Act to protect the aquifers. Unpersuaded, the First Appellate District held that the trial court properly denied the petition for a writ of mandate.




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Delaware Riverkeeper Network v. Pennsylvania Department of Environmental Protection

(United States Third Circuit) - Denied a petition for review of a Pennsylvania state regulators' decision to grant a Clean Water Act certification to a natural gas pipeline project. An environmental organization raised various procedural and substantive arguments against the environmental regulators' issuance of a water quality certification. On judicial review, the Third Circuit held that the environmentalists' challenge failed on the merits. Prior to reaching the merits, the panel discussed in detail questions regarding its jurisdiction under the Natural Gas Act.




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Curtis v. Irwin Industries, Inc.

(United States Ninth Circuit) - Held that a worker on an offshore oil platform could not proceed with his California law claim that he was denied overtime pay. The claim was preempted under section 301 of the Labor Management Relations Act. Affirmed the dismissal, in relevant part, of his proposed class action.



  • Oil and Gas Law
  • Labor & Employment Law