rt Halliburton Energy Services, Inc. v. Ironshore Specialty Insurance Co. By feeds.findlaw.com Published On :: 2019-04-17T08:00:00+00:00 (United States Fifth Circuit) - In an insurance dispute following an explosion and fire on an oil rig in Ohio, addressed arbitrability and personal jurisdiction issues. Affirmed in part and reversed in part the decision below. Full Article Oil and Gas Law Insurance Law
rt Center for Biological Diversity v. California Department of Conservation By feeds.findlaw.com Published On :: 2019-06-14T08:00:00+00:00 (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. Full Article Environmental Law Oil and Gas Law Water Law
rt Crump v. Superior Court By feeds.findlaw.com Published On :: 2019-07-09T08:00:00+00:00 (California Court of Appeal) - Petition for writ of mandate is denied. Remanded to consider restitution. Los Angeles County filed a misdemeanor criminal complaint against SoCalGas for a natural gas leak that continued for months and caused damage to residents. The criminal charges were resolved by a plea agreement, where a no contest plea was entered to the charge of failure to immediately report gas leak. Plaintiffs sought to set aside plea agreement and seek restitution under the California Constitution. The appeals court held that victims do not have a right to appeal a criminal case judgment, but they do have a right to restitution. However, restitution is only available for crimes where there is an actual conviction. Full Article Oil and Gas Law Injury & Tort Law
rt Duarte Nursery v. Cal. Grape Rootstock Improvement Comm. By feeds.findlaw.com Published On :: 2015-08-25T08:00:00+00:00 (California Court of Appeal) - In a grape rootstock seller's challenge to the mandatory assessments it must pay to the California Grape Rootstock Improvement Commission to help fund research for pest-resistant and drought-resistant rootstock, Food & Agr. Code sections 74701-74796, alleging it is an unconstitutional exercise of the state's police power in violation of plaintiff's liberty interests and due process rights under the federal and state Constitutions, the trial court's judgment in favor of defendants is affirmed where the Commission Law has a reasonable relation to a legitimate purpose and its delegation to nursery owners does not invalide the law. Full Article Administrative Law Agriculture
rt 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
rt US v. Cortes-Medina By feeds.findlaw.com Published On :: 2016-05-12T08:00:00+00:00 (United States First Circuit) - Sentence for conviction of conspiracy to possess with intent to distribute controlled substances within 1,000 feet of a protected location, 21 U.S.C. sections 841(a)(1), 846 and 860, is affirmed over defendant's claims that the sentence is both procedurally flawed and substantively unreasonable where, in the absence of exceptional circumstances, such as the applicability of a statutory mandatory minimum sentence, the starting point for a court's sentencing determination is the guideline range, not the parties' recommendations. Full Article Sentencing Criminal Law & Procedure
rt Moore v. LA Department of Public Safety By feeds.findlaw.com Published On :: 2019-08-19T08:00:00+00:00 (United States Fifth Circuit) - Reversed. The substitution of the guardians of the children of a deceased man discovered a year after the filing of a wrongful death action by his mother was proper despite the substitution occurring after the statutory limitations period. The substitution relates back to the date of the initial complaint. Full Article Civil Procedure Injury & Tort Law
rt Municipal Employees' Retirement System of MI v. Pier 1 Imports By feeds.findlaw.com Published On :: 2019-08-19T08:00:00+00:00 (United States Fifth Circuit) - Affirmed. Investors who alleged that Pier 1 Imports was a trend-based fashion retailer with inventory that carried a significant markdown risk they failed to disclose were unable to adequately plead scienter. Full Article Securities Law Civil Procedure
rt Whole Woman's Health Alliance v. Curtis T. Hill, Jr. By feeds.findlaw.com Published On :: 2019-08-22T08:00:00+00:00 (United States Seventh Circuit) - Plaintiff, an abortion care provider, sought a license from the State of Indiana to operate a clinic. Plaintiff made two unsuccessful license applications over a two-year period before resorting to the federal courts. The district court granted Plaintiff preliminary relief based on the likelihood that it would be successful at trial. Indiana appealed seeking a stay on the relief. Appellate ordered that Indiana should treat Plaintiff as though it were provisionally licensed while the litigation proceeds. Full Article Civil Procedure Constitutional Law
rt Williams v. Ortiz By feeds.findlaw.com Published On :: 2019-08-26T08:00:00+00:00 (United States Seventh Circuit) - Affirmed. The district court's grant of summary judgment to defendant correctional employees in a suit brought by a prisoner was proper because the plaintiff failed to exhaust his administrative remedies and the defendant's didn't provide objectively unreasonable medical care. Full Article Civil Procedure Administrative Law
rt Bay Point Properties, Inc. v. MS Transportation Co. By feeds.findlaw.com Published On :: 2019-08-27T08:00:00+00:00 (United States Fifth Circuit) - Affirmed. The district court properly dismissed a suit brought by a man whose state court award in a Takings Clause suit against state officials was unsatisfying to him. The State was entitled to sovereign immunity. Full Article Civil Procedure Constitutional Law
rt Crescent/Mach I Partners L.P. v. Dr. Pepper Bottling Co. of Texas By feeds.findlaw.com Published On :: 2008-12-01T08:00:00+00:00 (Supreme Court of Delaware) - In a statutory appraisal action arising from an acquisition by merger, an order modifying the appraisal opinion is reversed where the dispute had become moot by operation of a settlement agreement, and the purported modification of the appraisal opinion therefore had no legal effect. Full Article Contracts Corporation & Enterprise Law M&A
rt IDX Capital, LLC v. Phoenix Partners Group LLC By feeds.findlaw.com Published On :: 2012-05-31T08:00:00+00:00 (Court of Appeals of New York) - In a suit for tortious interference with prospective business relations and aiding and abetting breach of fiduciary duty, arising from the defendants' alleged participation in derailing the plaintiff company's acquisition by a third party, the Appellate Division's dismissal of the complaint is affirmed by memorandum, where the plaintiffs failed to produce evidentiary proof as to whether: 1) individual defendants participated in a co-defendant's admitted campaign to interfere with the proposed acquisition; 2) defendant entities should be held vicariously liable for the interference; or 3) an individual plaintiff was entitled to injunctive relief. Full Article Injury & Tort Law M&A
rt 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
rt North Valley Mall LLC v. Longs Drug Stores California LLC By feeds.findlaw.com Published On :: 2018-09-25T08:00:00+00:00 (California Court of Appeal) - Affirmed summary judgment in favor of two drug store chains in a dispute with a shopping mall over common area maintenance fees. The case raised questions about real property rights and reverse triangular mergers. Full Article M&A Property Law & Real Estate
rt ProgStock Festival, The American Northeast's Only Progressive Rock Music Festival, Returns To The Union County Performing Arts Center, Rahway, NJ, October 11-13, 2019 By feedproxy.google.com Published On :: ProgStock Festival Was Founded To Give Artists And Fans In The Genre Of Progressive Rock A Place To Play Full Article
rt Xprnc Media Announces The 'Rise Above - ON TOUR' Marketing Program Empowering Artists To Directly Connect With Fans In-store At Media Retail By feedproxy.google.com Published On :: The 'Rise Above - ON TOUR' Marketing Program Is An Innovative, Unique And Low Cost Opportunity To Place Your Local Performance In Front Of Committed Music Fans And Store Staff Across All Your Markets Full Article
rt Nat Jay Releases First Single "Sleep" Off Forthcoming Full-length Album By feedproxy.google.com Published On :: Vancouver-based Singer-songwriter And Recording Artist Nat Jay Releases Electro Pop Song "Sleep" Full Article
rt Gonzalez v Department of Health Care Services By feeds.findlaw.com Published On :: 2019-06-24T08:00:00+00:00 (California Court of Appeal) - Affirmed. Plaintiff appealed from order of the probate court denying their request that special needs trust be distributed to them rather than Department of Health Care Services. Appeals court found Department was entitled to reimbursement for Medi-Cal expenses. Full Article Government Law Probate Trusts & Estates Asset Forfeiture
rt Tweed-New Haven Airport Authority v. Tong By feeds.findlaw.com Published On :: 2019-07-09T08:00:00+00:00 (United States Second Circuit) - Reversed and Remanded. Plaintiff sued seeking to expand its primary runway. The district court ruled that Plaintiff lacked standing to invalidate a Connecticut statute prohibiting the expansion, but even if it had standing the Federal Aviation Act did not preempt the statute. The appeals court disagreed and reversed and remanded for an entry of judgment in Plaintiff’s favor. Full Article Government Law Transportation
rt City of Oroville v. Superior Court By feeds.findlaw.com Published On :: 2019-08-15T08:00:00+00:00 (Supreme Court of California) - Reversed. A dental practice contended that the City of Oroville was liable under an inverse condemnation claim because of damage suffered when raw sewage began overflowing from toilets, sinks, and building drains. The lower court found that the city was liable. The Supreme Court disagreed, stating that the dentist could not prove that the damage was substantially caused by the design, construction or maintenance of the sewer system and that the damage could have been prevented if dentists had installed a legally required backwater valve. Full Article Public Utilities Government Law Property Law & Real Estate
rt Wal-Mart Stores, Inc. v. TX Alcohol By feeds.findlaw.com Published On :: 2019-08-15T08:00:00+00:00 (United States Fifth Circuit) - Partially affirmed, remanded. A Texas ban on public corporations obtaining package store permits did not violate Equal Protection rights, but the district court erred in finding a discriminatory nature and burden imposed by the public corporation ban. Full Article Constitutional Law Government Law Civil Procedure
rt Fuller v. Department of Transportation By feeds.findlaw.com Published On :: 2019-08-20T08:00:00+00:00 (California Court of Appeal) - Affirmed. Plaintiff was injured in a head-on traffic accident that he alleged was partially caused by a dangerous road condition. The jury found that a dangerous condition existed but it was not a reasonably foreseeable risk that this kind of incident would occur. The appeals court agreed and affirmed the judgment in favor of the Defendant. Full Article Government Law Injury & Tort Law
rt Huerta v. City of Santa Ana By feeds.findlaw.com Published On :: 2019-08-23T08:00:00+00:00 (California Court of Appeal) - Affirmed. Plaintiffs are the parents of three girls who were killed by a speeding motorist while they crossed the street in a marked crosswalk. Plaintiff brought an action against the City of Santa Ana claiming that the crosswalk qualified as a dangerous condition on public property. The appeals court did not find a dangerous condition or any peculiar condition that would trigger an obligation by the City. Full Article Government Law Injury & Tort Law
rt Scottish EDM Producer Readies 4th Quarter Releases With AWAL By feedproxy.google.com Published On :: Aberdeen-based Chris Burke Will Release 12 Singles With Exclusive Distributor AWAL. A Summer 2020 European Tour Is Being Planned. Full Article
rt Lambert v. Nutraceutical Corp By feeds.findlaw.com Published On :: 2017-09-15T08:00:00+00:00 (United States Ninth Circuit) - Reversing a district court order decertifying a class action relating to an alleged aphrodisiac called 'Cobra Sexual Energy' because the district court abused its discretion in decertifying the class on the basis of the plaintiff's inability to prove restitution damages through the full refund model because plaintiff's damages model matched his theory of liability and because his damages model was supportable on evidence that could be introduced on trial and whether plaintiff could provide damages to a reasonable certainty on the basis of his full refund model was a question of fact to be decided at trial. Full Article Drugs & Biotech Civil Procedure Class Actions
rt T.H. v. Novartis Pharmaceuticals Corporation By feeds.findlaw.com Published On :: 2017-12-21T08:00:00+00:00 (Supreme Court of California) - Affirming the Court of Appeals determination that the manufacturer of a name brand drug whose labeling directs the warnings provided on its generic bioequivalent's packaging owes a duty of reasonable care to the consumers of the generic drug and that the liability for potential negligence doesn't automatically terminate upon transfer of the company's rights in the name brand drug to a successor manufacturer. Full Article Injury & Tort Law Drugs & Biotech Product Liability
rt Abbott Laboratories v. The Superior Court of Orange County By feeds.findlaw.com Published On :: 2018-05-31T08:00:00+00:00 (California Court of Appeal) - Granting a petition for writ of mandate in a case where a group of pharmaceutical companies had been sued by the District Attorney under California's Unfair Competition Law for allegations that they had engaged in a scheme to keep generic versions of a prescription drug off the market, but the suit was based on conduct outside of the county where the DA served and allowing them to proceed with the suit without written consent would permit the DA to usurp the Attorney General's statewide authority and impermissibly bind other DAs, precluding them from pursuing their own relief. Full Article Drugs & Biotech Consumer Protection Law Criminal Law & Procedure
rt United Food and Commercial Workers Unions v. Novartis Pharmaceutical Corp. By feeds.findlaw.com Published On :: 2018-08-21T08:00:00+00:00 (United States First Circuit) - Affirmed the dismissal of two putative antitrust class actions alleging that a pharmaceutical company took steps to block the entry of generic versions of its leukemia-treatment drug into the U.S. market. The plaintiffs, including several labor union benefit funds, claimed that the drugmaker engaged in anticompetitive conduct by bringing sham infringement lawsuits against manufacturers trying to enter the market with generic versions of that drug. Dismissing the complaints, the district court held that the plaintiffs had not plausibly alleged their claims, and the First Circuit affirmed. Full Article Antitrust & Trade Regulation Health Law Drugs & Biotech
rt 4 formules voor een pakkende inleiding van je blog of artikel By feedproxy.google.com Published On :: Tue, 05 May 2020 06:00:00 +0000 In dit artikel leer je een pakkende inleiding voor jouw blogartikelen te schrijven. Ik deel vier van mijn favoriete technieken, leg ze allemaal beknopt uit en geef bij elke techniek een praktisch voorbeeld. Als SEO-specialist heb ik al honderden blogartikelen geschreven en gebruik ik deze technieken dagelijks! Waarom is een pakkende inleiding belangrijk? Bij het […] Full Article Alle artikelen Content Schrijven Bloggen blogtips Contentmarketing Copywriting SEO copywriting
rt De YouTube Video Builder: korte, professionele video’s in 5 stappen By feedproxy.google.com Published On :: Wed, 06 May 2020 12:00:00 +0000 Met de huidige omstandigheden verandert de manier waarop we communiceren met klanten. Video gaat steeds meer een rol spelen. Google speelt hier goed op in en komt met de YouTube Video Builder. Hierdoor wordt het voor ieder midden- en kleinbedrijf mogelijk om zonder kennis van videobewerking of dure videoproductie aan de slag te gaan. Scheelt […] Full Article Alle artikelen Content Advertentiecampagnes Apps Video Builder Videomarketing YouTube YouTube Advertising Youtube Video Builder
rt U.S. Faces Meat Shortages as Pork, Other Protein Exports to China Soar By feedproxy.google.com Published On :: Sat, 09 May 2020 01:03:41 +0000 As the United States faces meat shortages in the wake of the coronavirus, exports of pork and other proteins to China have soared. Full Article Health Politics beef China coronavirus Donald Trump food supply chain Pork Robert Lighthizer Steven Mnuchin trade
rt Expert Suggests Alleged Mastermind of Venezuela's Failed Coup Is 'Double Agent' Working for Maduro By feedproxy.google.com Published On :: Fri, 08 May 2020 15:33:09 +0000 The Venezuelan military defector identified as the ringleader of the botched coup attempt in Venezuela was likely working as a "double agent" for the same man he allegedly attempted to overthrow, socialist narco-dictator Nicolás Maduro, Breitbart News has learned. Full Article Latin America National Security Center for a Secure Free Society (SFS) coup Joseph Humire Nicolas Maduro Venezuela
rt Charles Hurt: 'Demand Justice' Fight Back -- Against Judges Who Like the Constitution By feedproxy.google.com Published On :: Sat, 09 May 2020 01:45:22 +0000 Anti-democratic Democrats opened up a new front in their relentless war on an independent judiciary in America. Full Article Politics Demand Justice George W. Bush Mitch McConnell
rt Exclusive--Ken Cuccinelli: 8-in-10 Border Crossers Deported in 2 Hours During Coronavirus By feedproxy.google.com Published On :: Sat, 09 May 2020 02:14:25 +0000 Acting Department of Homeland Security (DHS) Deputy Secretary Ken Cuccinelli says border crossers are being almost immediately returned to Mexico after their crossing into the United States. Full Article Health Immigration Politics border crossers coronavirus Deportation Illegal Aliens illegal immigration Ken Cuccinelli mass immigration Remain in Mexico Southern Border U.S.-Mexico border Wuhan virus
rt Schiff: Trump, Barr 'Can't Gaslight History' -- Flynn Was a 'Prime Counterterrorism Risk' By feedproxy.google.com Published On :: Fri, 08 May 2020 23:45:42 +0000 Friday on MSNBC's "The Beat," House Intelligence Committee chairman Rep. Adam Schiff (D-CA) said Attorney General Bill Barr's Justice Department doing President Donald Trump's "dirty work" by dropping the case against former National Security Advisor Michael Flynn was an attempt to "gaslight history." Full Article Clips Politics Adam Schiff Donald Trump Michael Flynn William Barr
rt Schumer: Vote by Mail 'Will Be a Very Important Part' of Next Coronavirus Bill By feedproxy.google.com Published On :: Sat, 09 May 2020 02:58:53 +0000 On Friday’s broadcast of MSNBC’s “All In,” Senate Minority Leader Chuck Schumer (D-NY) stated that vote by mail provisions “will be a very important part of the legislation that we’re going to put forward, and we are going to fight Full Article 2020 Election Clips Politics Chuck Schumer coronavirus vote by mail
rt Trump Campaign Slams California's Vote-by-Mail Order: 'Wide-Open Opportunity for Fraud' By feedproxy.google.com Published On :: Fri, 08 May 2020 23:27:49 +0000 President Donald Trump's re-election campaign blasted California Gov. Gavin Newsom's (D-CA) executive order allowing registered voters in the state to vote by mail in the November election, calling it a "thinly-veiled political tactic" aimed at undermining election security. Full Article 2020 Election Politics 2020 election California Gavin Newsom Tim Murtaugh Trump Campaign vote by mail voter fraud
rt Maher: Trump Turning America 'Into a Failed State' 'More Important Than Tara Reade Achieving Closure' By feedproxy.google.com Published On :: Sat, 09 May 2020 03:57:15 +0000 On Friday’s broadcast of HBO’s “Real Time,” host Bill Maher discussed the sexual assault allegations made by Tara Reade against 2020 Democratic presidential candidate former Vice President Joe Biden and stated that the matter is a he said, she said, Full Article Clips Entertainment Politics Bill Maher Joe Biden Tara Reade
rt Hawaii Reports No New COVID-19 Cases as Businesses Begin Reopening By feedproxy.google.com Published On :: Fri, 08 May 2020 23:42:57 +0000 For the first time in eight weeks, Hawaii has reported no new statewide cases of COVID-19, leaving the total case count since the beginning of the pandemic at 629. Full Article Health Politics coronavirus COVID-19 Hawaii
rt Despite Reported Under-Counts, Mexico Surpasses 3,100 Coronavirus Fatalities By feedproxy.google.com Published On :: Sat, 09 May 2020 15:44:36 +0000 Mexican health officials admitted to surpassing 3,100 COVID-19 related-deaths as cases continue to rise nationwide. The reports come despite repeated accusations of the government downplaying the true scope of the coronavirus pandemic Full Article Border / Cartel Chronicles Health coronavirus COVID-19 Mexican government pandemic
rt Gov. Ralph Northam: Virginia to Begin Reopening with Strict Restrictions Next Week By feedproxy.google.com Published On :: Sat, 09 May 2020 14:53:56 +0000 Virginia Gov. Ralph Northam (D) detailed guidelines on Friday for the state to begin reopening next week under strict restrictions. Full Article Economy Health Politics coronavirus lockdown Ralph Northam Reopen America Virginia
rt Packingham v. North Carolina By feeds.findlaw.com Published On :: 2017-06-19T08:00:00+00:00 (United States Supreme Court) - Conviction under a North Carolina law that makes it a felony for a registered sex offender 'to access a commercial social networking Web site where the sex offender knows that the site permits minor children to become members or to create or maintain personal Web pages,' N. C. Gen. Stat. Ann. sections14-202.5(a) and (e), is reversed where the North Carolina statute impermissibly restricts lawful speech in violation of the First Amendment. Full Article Cyberspace Law Constitutional Law Criminal Law & Procedure
rt Calvert v. Binali By feeds.findlaw.com Published On :: 2018-12-04T08:00:00+00:00 (California Court of Appeal) - Reversed a $2 million default judgment entered in favor of a plastic surgeon who sued a former patient for allegedly posting an anonymous review online commenting negatively on her plastic surgery experience. Held that faulty service by publication rendered the judgment void on its face. Full Article Injury & Tort Law Health Law Cyberspace Law
rt Denmark Native Raised In Spain @ChrisWallem Drops Debut EP #Artesano By feedproxy.google.com Published On :: CW Is Also The Founder And DJ Of Mo Money Events At Marbellas Elite Olivia Valere Night Club Since 2015 Full Article
rt Fritsch v. Swift Transportation Co. of Arizona, LLC By feeds.findlaw.com Published On :: 2018-08-08T08:00:00+00:00 (United States Ninth Circuit) - Reversed a ruling that the amount in controversy in an employee class action was too low for federal jurisdiction under the Class Action Fairness Act (CAFA). An employer that had been sued for allegedly violating wage-hour laws, and that removed the case to federal court under CAFA, argued that the district court erred in remanding the case to state court. On appeal, the Ninth Circuit agreed with the employer that, in assessing the amount in controversy, the district court should have included future attorney fees recoverable by statute or contract. The panel therefore reversed and remanded. Full Article Class Actions Labor & Employment Law
rt Kohler Co. v. Superior Court (Park-Kim) By feeds.findlaw.com Published On :: 2018-11-14T08:00:00+00:00 (California Court of Appeal) - Held that homeowners could not bring a class action asserting a claim under California's Right to Repair Act against the manufacturer of an allegedly defective plumbing fixture used in the construction of their homes. The Act does not permit class actions of this type. Granted the defendant's writ petition. Full Article Consumer Protection Law Class Actions Property Law & Real Estate
rt Edwards v. Heartland Payment Systems, Inc. By feeds.findlaw.com Published On :: 2018-11-30T08:00:00+00:00 (California Court of Appeal) - Held that employees who filed a proposed wage-hour class action were not entitled to intervene in an earlier, similar action that was being settled. Affirmed the denial of both mandatory and permissive intervention. Full Article Class Actions Labor & Employment Law
rt Nutraceutical Corp. v. Lambert By feeds.findlaw.com Published On :: 2019-02-26T08:00:00+00:00 (United States Supreme Court) - Held that the federal rule governing appeals from orders granting or denying class certification is not subject to equitable tolling. The plaintiff contended that his failure to comply with the 14-day limit specified in Federal Rule of Civil Procedure 23(f) should be tolled, because he had acted reasonably in the particular circumstances here. Disagreeing, the U.S. Supreme Court declared that the time limit for appealing class certification rulings cannot be equitably tolled. Justice Sotomayor wrote the unanimous opinion. Full Article Class Actions Civil Procedure
rt HAPPY BIRTHDAY! DISKERY TURNS 20! By feedproxy.google.com Published On :: Diskery.com Celebrates 20 Years On-line! Full Article