and Barclay Hollander Corp. v. Cal. Regional Water Quality Control By feeds.findlaw.com Published On :: 2019-08-07T08:00:00+00:00 (California Court of Appeal) - Affirmed the judgment upholding the Defendant, Water Board’s, determination that Plaintiff was jointly and severally responsible for the cleanup and abatement of petroleum residue or waste. Plaintiff sought a reversal of order denying petition to overturn that determination. Full Article Environmental Law Administrative Law
and United Keetoowah Band of Cherokee Indians in Oklahoma v. FCC By feeds.findlaw.com Published On :: 2019-08-09T08:00:00+00:00 (United States DC Circuit) - Granted in part. In a petition to review an order loosening regulations to allow microcell transmission towers supporting cell phone reception to be built on or near Native American cultural sites, the FCC's determination that it wasn't in the public interest to review small cell deployment was arbitrary and capricious. Full Article Communications Law Environmental Law Indian Law
and Folkens v. Wyland Worldwide, LLC By feeds.findlaw.com Published On :: 2018-02-02T08:00:00+00:00 (United States Ninth Circuit) - Affirming the district court's summary judgment to the defense in a Copyright Act infringement case centered on a pen and ink depiction of two dolphins whose creator claimed a painting of two dolphins was copied because the panel found that the idea was simply drawn from nature and that expressing ideas that nature has already expressed for all cannot result in copyright. Full Article Intellectual Property Copyright
and 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
and Great Minds v. FedEx Office and Print Services, Inc. By feeds.findlaw.com Published On :: 2018-03-21T08:00:00+00:00 (United States Second Circuit) - Affirming a district court judgment dismissing a copyright infringement suit brought by a producer of educational materials against FedEx for their duplication of the products on behalf of school districts, whose use was licensed as noncommercial, because the distinction between their use and FedEx's facilitation of their use should have been explicitly laid out in the license they gave the schools. Full Article Intellectual Property Copyright
and More Ozzy TV- Arctic Monkeys 'Four Out Of Five' Video, Muse Concert Film Preview, Cliff Burton Documentary, Sevendust, Free Volbeat Show and more By feedproxy.google.com Published On :: More Ozzy TV- Arctic Monkeys 'Four Out Of Five' Video, Muse Concert Film Preview, Cliff Burton Documentary, Sevendust, Free Volbeat Show and more Full Article
and Arandell Corp. v. CenterPoint Energy Services, Inc. By feeds.findlaw.com Published On :: 2018-08-06T08:00:00+00:00 (United States Ninth Circuit) - Reinstated an antitrust claim against a wholly owned natural gas subsidiary that said it had no knowledge of its parent company's alleged price-fixing scheme that had pumped up the price of gas. The subsidiary argued that it could not be held liable for violating Wisconsin antitrust law because it was not involved in anything unlawful that its parent company may have done. Unpersuaded, the Ninth Circuit emphasized that a parent and a wholly owned subsidiary always act as a single enterprise whenever they engage in coordinated activity, and thus reversed the grant of summary judgment to the subsidiary. Full Article Oil and Gas Law Antitrust & Trade Regulation
and American Fuel and Petrochemical Manufacturers v. O'Keeffe By feeds.findlaw.com Published On :: 2018-09-07T08:00:00+00:00 (United States Ninth Circuit) - Affirmed the dismissal of a complaint challenging Oregon's Clean Fuels Program, which regulates the production and sale of transportation fuels based on greenhouse gas emissions. Industry trade groups filed this suit alleging that the Oregon program violates the Commerce Clause and is preempted by the Clean Air Act. Finding the allegations not plausible, the Ninth Circuit affirmed dismissal of the trade groups' complaint. Full Article Constitutional Law Environmental Law Oil and Gas Law
and BP Exploration and Production, Inc. v. Claimant ID 100094497 By feeds.findlaw.com Published On :: 2018-12-10T08:00:00+00:00 (United States Fifth Circuit) - In a case arising out of the 2010 Deepwater Horizon oil spill, held that a detrimentally impacted seafood business's monetary award under a court supervised settlement program was not properly calculated. Vacated and remanded. Full Article Injury & Tort Law Oil and Gas Law Water Law
and BP Exploration and Production Inc. v. Claimant ID 100217946 By feeds.findlaw.com Published On :: 2019-03-18T08:00:00+00:00 (United States Fifth Circuit) - Affirmed that a nonprofit organization was entitled to compensation under a settlement program that oil company BP established following the Deepwater Horizon oil spill. Upheld the claims administrator's decision. Full Article Environmental Law Oil and Gas Law Water Law
and BP Exploration and Production Inc. v. Claimant ID 100281817 By feeds.findlaw.com Published On :: 2019-03-20T08:00:00+00:00 (United States Fifth Circuit) - Held that a professional basketball player was not entitled to compensation for his alleged lost earnings resulting from the Deepwater Horizon oil spill. A player for the New Orleans Hornets (now known as the New Orleans Pelicans) claimed that the spill indirectly impacted his earnings under a previously negotiated contract. On BP's appeal, the Fifth Circuit overturned the award approved by a settlement claims administrator. Full Article Sports Law Environmental Law Oil and Gas Law
and BP Exploration and Production, Inc. v. Claimant ID 100141850 By feeds.findlaw.com Published On :: 2019-03-26T08:00:00+00:00 (United States Fifth Circuit) - Held that a manufacturer was entitled to millions of dollars in compensation for losses attributable to the Deepwater Horizon oil spill. Upheld the decision of a settlement program administrator, which was challenged by oil company BP. Full Article Environmental Law Oil and Gas Law
and Farmers and Merchants Trust Co. v. Vanetik By feeds.findlaw.com Published On :: 2019-03-27T08:00:00+00:00 (California Court of Appeal) - Upheld a jury's finding that an investor was defrauded by an oil exploration company, which used his investment only to pay off preexisting debts. Affirmed the judgment, in relevant part. Full Article Securities Law Oil and Gas Law
and In re Andry By feeds.findlaw.com Published On :: 2019-03-27T08:00:00+00:00 (United States Fifth Circuit) - Held that an attorney was entitled to another hearing on whether he should be suspended from appearing before the district court. The case arose from alleged improprieties in a court-supervised settlement program established following the Deepwater Horizon oil spill. Full Article Oil and Gas Law Ethics & Disciplinary Code
and BP Exploration and Production, Inc. v. Claimant ID 100261922 By feeds.findlaw.com Published On :: 2019-03-28T08:00:00+00:00 (United States Fifth Circuit) - Held that an Alabama-based manufacturer of commercial signs was entitled to compensation for losses attributable to the Deepwater Horizon oil spill. Upheld the decision of a settlement program administrator, which was challenged by oil company BP. Full Article Environmental Law Oil and Gas Law
and BP Exploration and Production, Inc. v. Claimant ID 100166533 By feeds.findlaw.com Published On :: 2019-04-08T08:00:00+00:00 (United States Fifth Circuit) - Held that an electrical contractor was entitled to compensation for losses attributable to the Deepwater Horizon oil spill. Upheld the decision of a settlement program administrator, which was challenged by oil company BP. Full Article Environmental Law Oil and Gas Law
and Claimant ID 100081155 v. BP Exploration and Production, Inc. By feeds.findlaw.com Published On :: 2019-04-09T08:00:00+00:00 (United States Fifth Circuit) - Held that a short-term vacation rental business was improperly denied compensation for losses attributable to BP's 2010 oil spill. The settlement program administrator, and the district court, misinterpreted the settlement agreement's definition of a failed business. Vacated and remanded. Full Article Environmental Law Oil and Gas Law
and Glassell Non-Operated Interests Ltd. v. Enerquest Oil and Gas LLC By feeds.findlaw.com Published On :: 2019-06-12T08:00:00+00:00 (United States Fifth Circuit) - Held that an oil company did not breach its contract with several other oil companies. The dispute arose out of a joint agreement to cooperatively develop oil prospects in Texas. Reversed the judgment below. Full Article Oil and Gas Law Contracts
and Andrews v. America's Living Centers, LLC By feeds.findlaw.com Published On :: 2016-06-28T08:00:00+00:00 (United States Fourth Circuit) - In an attorney's fees action, the district court's dismissal of plaintiff's action is reversed where: 1) an award of attorneys' fees are permissible under F.R.C.P. 41(d) ; but 2) the Fair Labor Standards Act does not permit an award of attorneys' fees for defendants and plaintiff's conduct was not undertaken in bad faith, vexatiously, wantonly, or for oppressive reasons. Full Article Attorney's Fees
and JL Beverage Co, LLC v. Jim Beam Brands Co. By feeds.findlaw.com Published On :: 2016-07-14T08:00:00+00:00 (United States Ninth Circuit) - In an action claiming of trademark infringement, false designation of origin, and unfair competition brought under the Lanham Act and Nevada state law by a beverage company-plaintiff, which sells a competing line of flavored vodkas, the District Court's grant of summary judgment to defendant is reversed where the district court erred in: 1) failing to place the burden of proof on defendant, the moving party; 2) failing to view the evidence in the light most favorable to plaintiff; and 3) never analyzing whether a genuine dispute of material fact existed. Full Article Intellectual Property Trademark
and S&H Packing and Sasles Co., Inc. v. Tanimura Distributing, Inc. By feeds.findlaw.com Published On :: 2017-02-27T08:00:00+00:00 (United States Ninth Circuit) - In an action brought by produce growers under the Perishable Agricultural Commodities Act (PACA), brought by growers who sold their perishable agricultural products on credit to a distributor, thereby making the distributor a trustee over a PACA trust holding the perishable products and any resulting proceeds for the growers as PACA-trust beneficiaries, the district court's summary judgment in favor of the defendant is affirmed where pursuant to Boulder Fruit Express & Heger Organic Farm Sales v. Transp. Factoring, Inc., 251 F.3d 128 (9th Cir.2001), a commercially reasonable factoring agreement removes accounts receivable from the PACA trust without a trustee's breach of trust, thus defeating the growers' claims. Full Article Agriculture
and MultiPlan, Inc. v. Holland By feeds.findlaw.com Published On :: 2019-08-28T08:00:00+00:00 (United States Fifth Circuit) - Partially vacated, otherwise affirmed, and remanded. The dismissal of breach of contract claims were vacated, but judgments dismissing civil conspiracy claims and refusal to submit punitive damages claims to a jury were affirmed in a case involving disputes over discounts to charges for physical therapy patients covered by workers' compensation insurance. Full Article Health Law Civil Procedure Contracts
and ARC Welding Supply Co., Inc. v. American Welding and Gas, Inc. By feeds.findlaw.com Published On :: 2019-02-14T08:00:00+00:00 (United States Seventh Circuit) - Affirmed a judgment after trial in a contractual dispute between two industrial supply companies. The case involved the alleged breach of their asset purchase agreement. Full Article M&A Contracts
and East Rutherford Metal Band Harvest Falls Debuts New Single And Charity Drive By feedproxy.google.com Published On :: NJ Rock Band Harvest Falls Debuts Video, Single, Charity Drive For New Song "MOMENT OF CONSEQUENCE" Full Article
and Between Vintage And Electronic: Speakeasy, The New Album By Luke & The Belleville Orchestra By feedproxy.google.com Published On :: Lemon Slice Records Has Released Speakeasy, The New Album By Luke & The Belleville, A Masterly Integration Between The Swing Of The 1930s And The Most Modern Rhythms And Sounds Of Electronic Music. Full Article
and New Jersey Rock Band Scores Endorsement And Big Shows By feedproxy.google.com Published On :: NJ Rock Band Triple Addiction Scores A Guitar Endorsement And Books Some Big Shows. Full Article
and Electronic Privacy Information Center v. US Dept. of Commerce and Bureau of the Census By feeds.findlaw.com Published On :: 2019-06-28T08:00:00+00:00 (United States DC Circuit) - Remanded for dismissal. The Electronic Privacy Information Center sued following a US Department of Commerce announcement that citizenship would be among the questions included in the 2020 census. EPIC sought to enjoin the question because they claim their members were entitled to a Privacy Impact Assessment. However, EPIC lacked standing to proceed with the suit. Full Article Government Law Civil Procedure
and People v. Hernandez By feeds.findlaw.com Published On :: 2019-08-01T08:00:00+00:00 (California Court of Appeal) - Reversed. Defendant was convicted in 1995 of shoplifting $18 worth of beer. In 2014, Proposition 47 was passed that allowed prior felony charges to be re-characterized as misdemeanors, Defendant filed a petition to make that request. The trial court denied the petition. The appeals court reversed stating that the trial court incorrectly interpreted the statute. Full Article Government Law Criminal Law & Procedure
and Merzbow Joins Forces With Haino And Pandi On Blisteringly Intense Improv 'Become The Discovered, Not The Discoverer' On RareNoiseRecords By feedproxy.google.com Published On :: Kindred Spirits Met When Japanese Noise Legend Merzbow Got Together In The Studio With Fellow Countryman Keiji Haino And Drummer Balazs Pandi For A New Recording On RareNoiseRecords Full Article
and 01100110 Releases Debut EP Seaside Hollows And Launches Record Label Elektroakustische Tanzmusik. By feedproxy.google.com Published On :: The Techno Artist And DJ Known As 01100110 Has Released His Latest EP Album, Seaside Hollows On His New Record Label Elektroakustische Tanzmusik. Full Article
and Merck Sharp and Dohme Corp. v. Hospira, Inc. By feeds.findlaw.com Published On :: 2017-10-26T08:00:00+00:00 (United States Federal Circuit) - Affirming the district court's determination that patents relating to aspects of the production of an antibiotic compound were obvious implementations of disclosures made in other patents that would constitute nothing more than the routine way a skilled artisan would apply the patent's teachings. Full Article Intellectual Property Patent Drugs & Biotech
and Simmons v. Secretary of Health and Human Services By feeds.findlaw.com Published On :: 2017-11-07T08:00:00+00:00 (United States Federal Circuit) - Affirming the denial of attorney fees and costs to a man who sued claiming that he developed Guillain-Barre Syndrome as the result of a flu vaccination because the Court of Federal Claims correctly concluded that there was no reasonable basis for the claim. Full Article Civil Procedure Health Law Injury & Tort Law Drugs & Biotech
and AmGen Inc. v. Sandoz Inc. By feeds.findlaw.com Published On :: 2017-12-14T08:00:00+00:00 (United States Federal Circuit) - Returning once again after climbing and descending the appellate ladder several times, the court held that the defendant had not forfeited its preemption defense and that the Biologics Price Competition and Innovation Act preempts state law remedies for an applicant's failure to comply with aspects of the Act, and affirming the dismissal of the state law claims. Full Article Civil Procedure Drugs & Biotech
and Merck Sharp and Dohme Corp. v. Amneal Pharmaceuticals LLC By feeds.findlaw.com Published On :: 2018-02-09T08:00:00+00:00 (United States Federal Circuit) - Affirming the District Court's determination that a proposed generic nasal spray would not infringe the patents of a company manufacturing the Nasonex nasal product. Full Article Intellectual Property Patent Drugs & Biotech
and Vanda Pharmaceuticals Inc. v. West Ward Pharmaceuticals By feeds.findlaw.com Published On :: 2018-04-13T08:00:00+00:00 (United States Federal Circuit) - Affirming the decision of the district court holding, after a bench trial, that the asserted claims of a patent relating to the treatment of schizophrenia with iloperidone administered based on the genotype of the patient were infringed and not invalid. Full Article Health Law Intellectual Property Drugs & Biotech Patent
and Oliver v. Secretary of Health and Human Services By feeds.findlaw.com Published On :: 2018-08-17T08:00:00+00:00 (United States Federal Circuit) - Affirmed that vaccinations given to an infant did not cause him to develop a seizure condition. The parents of an infant who developed an illness called Dravet syndrome after being vaccinated sued the Secretary of Health and Human Services for compensation under the National Childhood Vaccine Injury Act of 1986. Agreeing with the findings of the U.S. Court of Federal Claims, the Federal Circuit held in a 2-1 decision that the parents failed to show that the infant's injuries were caused by his vaccinations. Full Article Health Law Drugs & Biotech
and 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
and Teamsters Local 404 Health Services and Insurance Plan v. King Pharmaceuticals, Inc. By feeds.findlaw.com Published On :: 2018-10-16T08:00:00+00:00 (United States Second Circuit) - Held that it was proper to remand to New York state court a case in which a labor union health plan sought disclosure of a patent dispute settlement agreement between pharmaceutical companies and the generic manufacturer of the EpiPen. Affirmed the district court's remand order, in this special proceeding under New York law seeking pre‐action disclosure. Full Article Civil Procedure Drugs & Biotech
and Retractable Technologies, Inc. v. Becton Dickinson and Co. By feeds.findlaw.com Published On :: 2019-03-26T08:00:00+00:00 (United States Fifth Circuit) - Held that a manufacturer of medical syringes that falsely advertised its products did not have to disgorge its profits. That remedy would not be equitable under the circumstances here. Affirmed a post-trial ruling, in this lawsuit brought by a competing syringe manufacturer that also involved antitrust claims. Full Article False Advertising Drugs & Biotech Antitrust & Trade Regulation
and Merck Sharp and Dohme Corp. v. Albrecht By feeds.findlaw.com Published On :: 2019-05-20T08:00:00+00:00 (United States Supreme Court) - Clarified when federal law will preempt a state law claim that a drug manufacturer failed to warn consumers of a drug's risks. Held that this preemption question is one for a judge to decide, not a jury. Also spelled out the "clear evidence" standard that applies in this context. Justice Breyer, joined by five justices, delivered the U.S. Supreme Court's majority opinion in this product liability lawsuit against a drugmaker. Full Article Product Liability Drugs & Biotech
and Nooit meer braaf: waarom je als personal brand met een rauw randje meer succes hebt By feedproxy.google.com Published On :: Thu, 30 Apr 2020 13:00:00 +0000 Als je als personal brand, als zelfstandig ondernemer online wil groeien, dan weet je vast al dat je elke dag weer moeten werken aan dat mensen je gaan kennen, dat ze je leuk gaan vinden en dat ze je gaan vertrouwen. Precies: know, like en trust. Je doet dit via je blogs, je webteksten, je […] Full Article Alle artikelen Branding Authenticiteit Copywriting Netflix Personal branding Televisieseries
and De beste tools voor een design sprint op afstand By feedproxy.google.com Published On :: Fri, 01 May 2020 11:00:00 +0000 Het coronavirus (COVID-19) heeft impact op alle industrieën en zorgt voor een hoop uitdagingen en kansen voor organisaties. Remote werk kreeg een boost die we nooit voor mogelijk hadden gehouden. In dit artikel delen we de inzichten die we kregen tijdens onze remote design sprints, met een focus op handige tools, plus enkele tips en […] Full Article Alle artikelen Design Digital business Collaboration tools Communicatietools Coronavirus Design sprints Interview Prototyping Sprints Thuiswerken Tooltips Video-interview
and 10x populair: videobellen via Zoom, purpose tijdens pandemie & SEO-teksten By feedproxy.google.com Published On :: Sat, 02 May 2020 07:00:00 +0000 Welke whiteboard-tools kun je online gebruiken, hoe kun je veilig videobellen via Zoom, en wat is de beste bedrijfsstrategie tijdens de coronacrisis? Dit – en meer – zijn de best gelezen artikelen op Frankwatching in de maand april. 1. Zoom & privacy: zo kun je veilig videobellen [how to] Zoom stond de afgelopen weken vol […] Full Article Alle artikelen Content Top 10
and Alyssa Milano Promotes Debunked Jimmy Kimmel Video Maligning Mike Pence: 'F*ck the GOP and This Administration' By feedproxy.google.com Published On :: Fri, 08 May 2020 22:38:01 +0000 Actress and left-wing activist Alyssa Milano has promoted a deceptively edited video about Vice President Mike Pence that was created by late-night talk show host Jimmy Kimmel -- even though the video has been debunked and Kimmel has publicly apologized for it. Full Article Entertainment Health Politics Alyssa Milano Jimmy Kimmel Mike Pence
and 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
and Sanders: 'It Would Be an Economic Disaster' if Trump Didn't Fund Postal Service and It 'Went Under' By feedproxy.google.com Published On :: Sat, 09 May 2020 01:07:20 +0000 On Friday’s broadcast of MSNBC’s “All In,” Sen. Bernie Sanders (I-VT) discussed what kind of economic stimulus should be passed to respond to the coronavirus and stated that it would be “an economic disaster” if President Trump didn’t fund the Full Article Clips Politics Bernie Sanders Donald Trump post office Postal Service
and Physician and Rep. Greg Murphy on Coronavirus Lockdown: Time to Get Americans Safely Back to Work By feedproxy.google.com Published On :: Sat, 09 May 2020 16:32:23 +0000 Physician and Rep. Gregory Murphy said on SiriusXM’s Breitbart News Daily that “draconian” lockdowns are no longer needed in many places. Full Article Health Politics Radio Breitbart News Daily coronavirus Greg Murphy herd immunity lockdown Small Businesses Vaccine
and Nick Heyward Announces His 2018 UK Tour Following The Release Of His New Album 'Woodland Echoes' By feedproxy.google.com Published On :: Following The Release Of His Critically Acclaimed New Album Woodland Echoes That Entered At No. 4 In The Independent Album Charts, Nick Heyward Has Announced A UK Tour For 2018. Full Article
and Album/Documentary Release By UK Band The Charmers By feedproxy.google.com Published On :: It Is An Album Full Of Edgy Pop Songs, With Insightful Lyrics And Lush Strings Full Article
and French Singer And Songwriter Ned Has Released Her Debut UK Single 'Give Me More' By feedproxy.google.com Published On :: French Native Songstress Ned Released Her Debut UK Single Give Me More On 6th April 2018 Full Article