el Dondlinger v. Los Angeles County Regional Park and Open Space District By feeds.findlaw.com Published On :: 2019-01-31T08:00:00+00:00 (California Court of Appeal) - Held that a taxpayer could not proceed with a lawsuit seeking to invalidate a voter-approved special property tax imposed by Los Angeles County. Affirmed a judgment on the pleadings. Full Article Tax Law
el Scheer v. Kelly By feeds.findlaw.com Published On :: 2016-04-04T08:00:00+00:00 (United States Ninth Circuit) - In a 42 U.S.C. section 1983 action, brought by plaintiff attorney challenging California's procedures for attorney discipline, the district court's dismissal of the complaint is affirmed where: 1) plaintiff's as-applied challenge is barred by the Rooker-Feldman doctrine; 2) plaintiff's facial claims were not time-barred because the State Bar misread the relevant circuit precedent concerning the statute-of-limitations; 3) plaintiff's facial claims have already been rejected by the Supreme Court of California and plaintiff received adequate notice and opportunity for a hearing; and 4) California's decision to regulate lawyers principally through the State Bar of California is constitutional. Full Article Civil Rights Ethics & Professional Responsibility Constitutional Law
el Schoenefeld v. Schneiderman By feeds.findlaw.com Published On :: 2016-04-22T08:00:00+00:00 (United States Second Circuit) - In a challenge to a N.Y. Judiciary Law section 470, which requires nonresident attorneys to maintain an 'office for the transaction of law business' within New York State in order to practice law in that state's courts, the District Court's judgment declaring section 470 unconstitutional under the Privileges and Immunities Clause, is reversed where the law does not violate the Privileges and Immunities Clause because it was enacted not for a protectionist purpose to favor New York resident attorneys but, rather, to provide a means whereby nonresidents could establish a physical presence in the state akin to that of residents, thereby resolving a service concern while allowing nonresidents to practice law in the state's courts. Full Article Ethics & Professional Responsibility Constitutional Law Judges & Judiciary
el Agricultural Labor Relations Bd. v. Superior Court By feeds.findlaw.com Published On :: 2016-10-25T08:00:00+00:00 (California Court of Appeal) - In an administrative law action challenging the trial court's order that communications between the Agricultural Labor Relations Board and its general counsel, concerning whether to seek injunctive relief against Gerawan Farming, Inc. over complaints of unfair labor practices, must be disclosed under the Public Records Act, Government Code section 6251, the order is reversed where the Board's internal communications concerning its prosecution of Gerawan Farming are protected by attorney-client privilege. Full Article Labor & Employment Law Ethics & Professional Responsibility Administrative Law Government Law
el Los Angeles County Board of Supervisors v. The Superior Court of Los Angeles County By feeds.findlaw.com Published On :: 2016-12-29T08:00:00+00:00 (Supreme Court of California) - In an action that implicates the public‘s interest in transparency and a public agency‘s interest in confidential communications with its legal counsel, the Court of Appeal’s judgment concerning whether billing invoices are privileged is reversed where invoices for work in pending and active legal matters are so closely related to attorney-client communications that they implicate the heart of the privilege rule. Full Article Evidence Ethics & Professional Responsibility
el The Urban Wildlands Group v. City of Los Angeles By feeds.findlaw.com Published On :: 2017-04-13T08:00:00+00:00 (California Court of Appeal) - In an environmental action, challenging defendant city's finding that a project was exempt from formal environmental review, the trial court's grant of mandatory relief to plaintiff under Code of Civil Procedure section 473(b) is reversed where: 1) such relief is limited to default, default judgments, and dismissal; and 2) the trial court's grant of judgment to defendant after plaintiff counsel failed to prepare and lodge the administrative record as stipulated does not fall within either category. Full Article Civil Procedure Ethics & Professional Responsibility Environmental Law
el Tucker Ellis v. Evan Nelson By feeds.findlaw.com Published On :: 2017-06-21T08:00:00+00:00 (California Court of Appeal) - In a writ proceeding to determine whether attorney work conduct privilege attaches to documents created by an attorney employee during their employment with an employer law firm, the lower court's judgment is vacated where the privilege attaches to the firm, rather than the employee. Full Article Legal Malpractice Evidence Ethics & Professional Responsibility
el Apelt v. Ryan By feeds.findlaw.com Published On :: 2017-12-28T08:00:00+00:00 (United States Ninth Circuit) - Vacating a district court judgment granting a writ of habeas corpus on the claim of ineffective assistance of counsel at sentencing and affirming the denial of other forms of relief challenging the conviction and death sentence for first degree murder because although there were representation issues relating to sentencing the deficiencies were not prejudicial. Full Article Habeas Corpus Ethics & Professional Responsibility Criminal Law & Procedure
el Hernandez v. Chappell By feeds.findlaw.com Published On :: 2017-12-29T08:00:00+00:00 (United States Ninth Circuit) - Reversing the district court's denial of a writ of habeas corpus as to the guilt phase claims relating to first degree murder, vacating the convictions and remanding because if counsel had performed effectively by investigating and presenting evidence of the defendant's diminished mental capacity defense based on mental impairment there was a reasonable probability at least one juror would have had a reasonable doubt about his ability to form the requisite mental state for first degree murder. Full Article Evidence Sentencing Ethics & Professional Responsibility Criminal Law & Procedure
el Ellis v. Harrison By feeds.findlaw.com Published On :: 2018-06-07T08:00:00+00:00 (United States Ninth Circuit) - Affirming the district court's denial of a California inmate's habeas corpus petition alleging the denial of his Sixth Amendment right to effective assistance of counsel because his trial attorney held deeply racist beliefs about African Americans in general and him in particular because he conceded he was unaware of his attorney's racism until years after the conviction was final and couldn't identify any acts or admissions by his attorney that fell below an objective standard of reasonableness. Full Article Habeas Corpus Ethics & Professional Responsibility Criminal Law & Procedure
el Antelope Valley Groundwater Cases By feeds.findlaw.com Published On :: 2018-12-20T08:00:00+00:00 (California Court of Appeal) - Affirmed the denial of a motion to disqualify another party's counsel in longstanding litigation over groundwater rights. Stressed the movant's long delay in seeking disqualification, in this case where counsel allegedly had a conflict of interest. Full Article Water Law Ethics & Professional Responsibility
el Connelly v. Bornstein By feeds.findlaw.com Published On :: 2019-03-28T08:00:00+00:00 (California Court of Appeal) - Held that the statute of limitations for malicious prosecution claims against attorneys is one year. Accordingly, the present lawsuit was time-barred. Affirmed the decision below. Full Article Ethics & Professional Responsibility Legal Malpractice
el Diesel eBooks, LLC v. Simon & Schuster, Inc. By feeds.findlaw.com Published On :: 2017-07-17T08:00:00+00:00 (United States Second Circuit) - Affirming the district court's grant of summary judgment that although Apple and a group of major publishers committed an unlawful antitrust conspiracy there was no antitrust injury that resulted. Full Article Media Law Antitrust & Trade Regulation
el Disney Enterprises, Inc. v. Vidangel, Inc. By feeds.findlaw.com Published On :: 2017-08-24T08:00:00+00:00 (United States Ninth Circuit) - Affirming a preliminary injunction against a company whose business involved purchasing physical copies of copyrighted movie and television shows, censoring objectionable content, and then ripping digital copies of their edited versions to stream to customers because the Family Movie Act and the anti-circumvention provision of the Digital Millennium Copyright Act did not permit the defendant's activities. Full Article Intellectual Property Copyright Civil Procedure Media Law
el Yelp, Inc. v. Superior Court of Orange County By feeds.findlaw.com Published On :: 2017-11-13T08:00:00+00:00 (California Court of Appeal) - Affirming the trial court's ruling that Yelp lacked standing to assert the First Amendment rights of an anonymous reviewer whose identity was sought in connection with a defamation claim, finding no error in the determination that the plaintiff made a prima facie showing that the comments made by this person were defamatory, and concluding that this finding was sufficient to support the court order compelling the production of subpeonaed documents, for which reason the petition for writ of mandate was denied, but also finding the opposition to the motion to compel was substantially justified and reversing the order of sanctions against Yelp. Full Article Civil Procedure Sanctions Constitutional Law Media Law
el Gold Medal LLC v. USA Track and Field By feeds.findlaw.com Published On :: 2018-08-07T08:00:00+00:00 (United States Ninth Circuit) - Affirmed that the U.S. Olympic Committee and USA Track and Field did not violate antitrust law by imposing advertising restrictions during the Olympic Trials. A chewing gum company that wished to pay to display its logo on athletes' apparel brought this suit to challenge the advertising restrictions. Rejecting the company's arguments, the Ninth Circuit held that the defendant organizations were entitled to implied antitrust immunity on the basis that their advertising restrictions were integral to performance of their duties under the Ted Stevens Olympic and Amateur Sports Act. Full Article Antitrust & Trade Regulation Media Law Sports Law
el Lemelson v. Bloomberg L.P. By feeds.findlaw.com Published On :: 2018-08-30T08:00:00+00:00 (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. Full Article Injury & Tort Law Securities Law Media Law
el Spinelli v. National Football League By feeds.findlaw.com Published On :: 2018-09-11T08:00:00+00:00 (United States Second Circuit) - Reinstated sports photographers' copyright infringement claims against the National Football League and the Associated Press. Seven photographers who make a living taking photos of NFL events alleged that thousands of their photos were exploited without a license and without compensating them in any way. Vacating in part and remanding, the Second Circuit held that some of the photographers' claims were plausibly pleaded. Full Article Copyright Media Law Sports Law
el Brown v. Maxwell; Dershowitz v. Giuffre By feeds.findlaw.com Published On :: 2019-07-03T08:00:00+00:00 (United States Second Circuit) - Vacate and order the unsealing of summary judgment record and remand. Intervenors, Dershowitz and the Miami Herald, appeal from an order denying motion to unseal filings in a defamation suit stemming from a suit brought as a result of the conviction of Jeffrey Epstein. Appeals court held the district court failed to conduct appropriate review when it ordered records sealed. Appeals court ordered the unsealing of summary judgment materials as there was no privacy interest sufficient to justify continued sealing. The remaining documents require additional review by the district court applying appropriate standards. Full Article Media Law Injury & Tort Law Constitutional Law
el US ex rel. Bunk v. Government Logistics N.V. By feeds.findlaw.com Published On :: 2016-11-15T08:00:00+00:00 (United States Fourth Circuit) - In a complex matter which began more than fifteen years ago as a bid-rigging scheme conjured up by shipping businesses to defraud the United States, the District Court's grant of summary judgment in favor of defendant is vacated where the court erred by: 1) deciding that the successor corporation liability claims against defendant should be dismissed because they had been inadequately pleaded; and 2) ruling that there was insufficient evidence to justify a trial. Full Article Corporation & Enterprise Law Injury & Tort Law
el Sheley v. Harrop By feeds.findlaw.com Published On :: 2017-03-20T08:00:00+00:00 (California Court of Appeal) - In a dispute involving the control of a pest control company started by decedent, asserting causes of action to recover damages for conversion, breach of fiduciary duty, and aiding and abetting breach of fiduciary duty based on actions taken by defendant (decedent's wife) in cooperation with the decedent, the trial court granted of defendant's anti-SLAPP motion as to plaintiff's intentional infliction of emotional distress claim is: 1) modified by granting defendants' motion to strike the specific claims founded on allegations of protected activity in each remaining cause of action in the cross-complaint; and 2) otherwise affirmed as modified. Full Article Civil Procedure Injury & Tort Law Corporation & Enterprise Law Corp. Governance
el Norman v. Elkin By feeds.findlaw.com Published On :: 2017-06-13T08:00:00+00:00 (United States Third Circuit) - In a communications company's partnership dispute, arising out of the transfer of partnership assets without compensation, the district court's judgment is: 1) affirmed on alternative grounds the decision to enter summary judgment in defendant's favor on the claim of fraud; and 2) vacated as to judgment in defendant's favor on plaintiff's remaining claims where the District Court erred in concluding that tolling of the statute of limitations is categorically inappropriate when a plaintiff has inquiry notice before initiating a books and records action in the Delaware courts. Full Article Contracts Contracts Injury & Tort Law Corporation & Enterprise Law
el Heller Ehrman LLP v. Davis Wright Tremaine LLP By feeds.findlaw.com Published On :: 2018-03-05T08:00:00+00:00 (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. Full Article Property Law & Real Estate Corporation & Enterprise Law Attorney's Fees
el IIG Wireless, Inc. v. Yi By feeds.findlaw.com Published On :: 2018-04-23T08:00:00+00:00 (California Court of Appeal) - Affirming a judgment after jury trial and the denial of the defendant's motion for judgment notwithstanding the verdict in the cases of a business dispute, but also affirming the grant of nonsuit to the defendant's fiance and the denial of a motion to amend the complaint and the refusal to admit the plaintiff's expert testimony in a suit relating to the breakdown in the business relationship of the dealers for MetroPCS stores in California. Full Article Evidence Corporation & Enterprise Law Civil Procedure Commercial Law
el Heavenly Hana LLC v. Hotel Union & Hotel Industry of Hawaii Pension Plan By feeds.findlaw.com Published On :: 2018-06-01T08:00:00+00:00 (United States Ninth Circuit) - Reversing a district court judgment to the plaintiffs following a bench trail in an action under the Multiemployer Pension Plan Amendment Act because the plaintiffs were required to assume the unpaid withdrawal liability of their predecessor to a multiemployer pension plan, a constructive notice standard applied and a reasonable purchaser would have been aware of the liability. Full Article Civil Procedure Labor & Employment Law Corporation & Enterprise Law
el Panoche Energy Center, LLC v. Pacific Gas and Electric Co. By feeds.findlaw.com Published On :: 2016-07-01T08:00:00+00:00 (California Court of Appeal) - In an arbitration action, arising from a dispute between plaintiff electricity producer and defendant utility over which party bears the cost of complying with laws to reduce greenhouse gas emissions under the Global Warming Solutions Act of 2006, the trial court's vacating of the arbitration award to PG&E is reversed where the question of contact interpretation was ripe for arbitration and plaintiff failed to show sufficient cause for postponing the arbitration process. Full Article Public Utilities Dispute Resolution & Arbitration Environmental Law Oil and Gas Law Contracts
el Santiago-Ramos v. Autoridad de Energia Electrica de Puerto Rico By feeds.findlaw.com Published On :: 2016-08-24T08:00:00+00:00 (United States First Circuit) - In a public utilities class action, contending that defendant power company (PREPA)'s subsidized municipalities' private use of power in violation of Puerto Rico law, the district court's grant of summary judgment to defendant is affirmed where plaintiffs' lack of a valid protected interest in the electricity consumed by the municipalities or the funds paid to PREPA deprive them of standing to bring takings or due process claims. Full Article Public Utilities Class Actions Constitutional Law
el Pacific Gas and Electric Co. v. US By feeds.findlaw.com Published On :: 2016-10-03T08:00:00+00:00 (United States Federal Circuit) - In a brought suit against the U.S. claiming that two federal government agencies selling electricity over-charged appellants for electricity, the Federal Claims Court dismissal for lack of standing is affirmed where plaintiffs lack privity of contract or any other relationship with the government that would confer standing. Full Article Public Utilities Contracts
el Hensley v. San Diego Gas & Electric Co. By feeds.findlaw.com Published On :: 2017-01-31T08:00:00+00:00 (California Court of Appeal) - In a case in which the Court of Appeals previously dismissed the appeal of plaintiffs from a nonappealable stipulated judgment pursuant to a settlement agreement, and the parties entered into an amended stipulated judgment, the trial court's decision is reversed where: 1) the amended stipulated judgment is final and appealable and the court's opinion, with respect to the trespass and nuisance claims only, is not advisory; 2) on the merits, plaintiffs were legally entitled to present evidence of plaintiff's emotional distress on their claims for trespass and nuisance as annoyance and discomfort damages recoverable for such torts; and 3) the trial court excluded evidence of emotional distress damages in their entirety. Full Article Public Utilities Evidence Injury & Tort Law
el Schoshinksi v. City of Los Angeles By feeds.findlaw.com Published On :: 2017-03-14T08:00:00+00:00 (California Court of Appeal) - In a class action alleging the City unlawfully charged plaintiffs and others an unauthorized trash disposal fee, the trial court's grant of summary judgment to defendant, on grounds that the City had already reimbursed the plaintiffs for all improper charges, is affirmed where: 1) plaintiffs' individual claims are moot because a court could grant them no further relief beyond what they have already received; and 2) unlike other cases in which the 'pick off' exception has been applied, here, the injunctive relief provisions in the Chakhalyan v. City of Los Angeles stipulated settlement and judgment required the City to reimburse plaintiffs and other putative class members, and the City complied with this obligation before plaintiffs filed the second amended complaint naming them as parties; and thus 2) under these particular circumstances, the 'pick off' exception does not apply. Full Article Public Utilities Class Actions Government Law
el Jameson v. Pacific Gas and Electric By feeds.findlaw.com Published On :: 2017-10-05T08:00:00+00:00 (California Court of Appeal) - In a labor and employment action, arising after plaintiff was allegedly terminated by his employer, PG&E, for retaliating against a safety inspector who raised issues about his project, the trial court's grant of summary judgment to defendant is affirmed where regardless of whether plaintiff was an at-will employee, PG&E established good cause for terminating him. Full Article Labor & Employment Law Contracts Public Utilities
el Puerto Rico Telephone Co. v. San Juan Cable By feeds.findlaw.com Published On :: 2017-10-31T08:00:00+00:00 (United States First Circuit) - In an antitrust action, alleging that defendant's petitioning of the Puerto Rico Telecommunications Regulatory Board, government officials and tribunals, and commonwealth and federal courts to prevent plaintiff's application to provide internet protocol television service violated the Sherman Act, the district court's grant of summary judgment to defendant is affirmed where the facts of the case don't subject defendant to the sham exception of the Noerr-Pennington doctrine protecting the right to petition the government. Full Article Public Utilities Antitrust & Trade Regulation Government Law
el Allco Renewable Energy Ltd. v. Massachusetts Electric Company By feeds.findlaw.com Published On :: 2017-11-13T08:00:00+00:00 (United States First Circuit) - Affirming the dismissal of an action by a private energy company against the utility companies because the Public Utility Regulatory Policies Act does not provide a private right of action against utility companies and affirming the denial of a motion for additional relief against various Massachusetts Department of Public Utilities officials because the court did not abuse its discretion in doing so. Full Article Public Utilities Civil Procedure
el Pacific Gas & Electric v. Sup. Ct. By feeds.findlaw.com Published On :: 2018-07-02T08:00:00+00:00 (California Court of Appeal) - Reversed an order denying summary judgment to plaintiff as to punitive damages. A devastating wildfire started when a tree came into contact with overhead powerlines. The real parties in interest claimed that plaintiff (PG&E) was responsible and sought punitive damages. PG&E had sought summary judgment as to the punitive damages claim which was denied by the trial court. Full Article Remedies Civil Procedure Public Utilities
el Augustin v. City of Philadelphia By feeds.findlaw.com Published On :: 2018-07-18T08:00:00+00:00 (United States Third Circuit) - Reversed a ruling that the City of Philadelphia unconstitutionally uses liens as a means to collect unpaid gas bills. In this lawsuit brought by a group of landlords, the City appealed from a ruling that it had violated the landlords' rights under the Due Process Clause by using a system of liens to collect unpaid gas bills. On appeal, the Third Circuit upheld the constitutionality of the City's procedures for collecting gas debts, and thus reversed the trial court's grant of summary judgment to the landlords. Full Article Landlord Tenant Law Property Law & Real Estate Public Utilities
el Time Warner Cable Inc. v. County of Los Angeles By feeds.findlaw.com Published On :: 2018-07-19T08:00:00+00:00 (California Court of Appeal) - Reversed in part a ruling addressing how much money Los Angeles County may tax Time Warner Cable. The plaintiff in this lawsuit, Time Warner, argued that the county government was taxing it more than the law allowed for its use of public rights-of-way. On appeal, the Second Appellate District held that the county was not required to value the possessory interests based only on five percent of cable television revenue. In all other respects the panel affirmed the trial court's judgment. Full Article Tax Law Public Utilities
el Coalition for Competitive Electricity v. Zibelman By feeds.findlaw.com Published On :: 2018-09-27T08:00:00+00:00 (United States Second Circuit) - Held that a group of electrical power generators and related trade groups could not proceed with their lawsuit challenging the constitutionality of the New York Public Service Commission's Zero Emissions Credit program, which subsidizes qualifying nuclear power plants by creating state‐issued clean-energy credits. Affirmed a dismissal of the lawsuit for failure to state a claim. Full Article Constitutional Law Public Utilities
el Butler v. Coast Electric Power Association By feeds.findlaw.com Published On :: 2019-06-07T08:00:00+00:00 (United States Fifth Circuit) - Held that defendant rural power cooperatives were entitled to remove a case from state to federal court. The lawsuit alleged that they had unlawfully failed to provide certain refunds to their members. Reversed a remand order, in these three consolidated cases. Full Article Civil Procedure Public Utilities
el San Diego Gas and Electric Co. v. San Diego Regional Water Quality Control Board By feeds.findlaw.com Published On :: 2019-06-18T08:00:00+00:00 (California Court of Appeal) - Upheld a cleanup and abatement order issued to a utility company, which was found to be a responsible party for pollution in San Diego Bay, nearby which it operated a power plant for many years. Affirmed the denial of the company's petition for writ relief. Full Article Environmental Law Public Utilities
el Ponderosa Telephone Co. v. CAPUC By feeds.findlaw.com Published On :: 2019-06-28T08:00:00+00:00 (California Court of Appeal) - Affirmed. Plaintiffs, rural, privately-owned telephone companies, brought suit against Defendant, California Public Utilities Commission, challenging the PUC’s decision establishing “cost of capital” as component in rate making. Plaintiff argued Defendant failed to adequately consider circumstances for rural telephone companies and that the PUC decision was unconstitutional. Appeals court held Plaintiff failed to demonstrate that the PUC decision was arbitrary, capricious, lacking in evidentiary support, or fell short of constitutional standards. Full Article Public Utilities Administrative Law
el Crystallex International Corp. v. Petroleos de Venezuela, S.A. By feeds.findlaw.com Published On :: 2018-01-03T08:00:00+00:00 (United States Third Circuit) - Concluding that a transfer by a non-debtor cannot be a 'fraudulent transfer' under the Delaware Uniform Fraudulent Transfer Act in a complicated case involving Venezuela's nationalization of a gold mine owned by a Canadian company, the debt judgment subsequently issued by the World Bank, and the ensuing financial shuffle among companies related to the original transaction. Full Article Debt Collection International Trade International Law
el Capella Sales and Services Ltd. v. US Aluminum Extrusions Fair Trade Committee By feeds.findlaw.com Published On :: 2018-01-04T08:00:00+00:00 (United States Federal Circuit) - Affirming the US Court of International Trade's dismissal of two separate complaints challenging the countervailing duties on imported goods charged to an importer of aluminum extrusions from China because, regardless of the difference in rates between this importer's charge and a subsequent litigation into a similar matter, the importer was not a party to the other action, and they had failed to state a claim upon which relief could be granted and could not claim the benefit of the rate awarded in separate litigation. Full Article International Trade Tax Law Administrative Law
el Thyssenkrupp Steel North America, Inc. v. US By feeds.findlaw.com Published On :: 2018-03-30T08:00:00+00:00 (United States Federal Circuit) - Reversing the dismissal of a claim relating to the US imposition of antidumping duties on ThyssenKrupp because relief was available and as a result vacating a Court of International Trade ruling in a case relating to the import of steel products. Full Article Civil Procedure Tax Law International Trade
el Bell Supply Company, LLC v. US By feeds.findlaw.com Published On :: 2018-04-25T08:00:00+00:00 (United States Federal Circuit) - Vacating a decision by the US Court of International Trade affirming a US Department of Commerce determination that certain imported oil country tubular goods (OCTG) fabricated as unfinished OCTG in China and finished in other countries were not subject to anti-dumping and countervailing duty orders covering OCTG imported from China because the Trade Court improperly proscribed the use of the substantial transformation analysis to determine the country of origin. Full Article International Trade Antitrust & Trade Regulation Administrative Law
el Liberty Woods International, Inc. v. Motor Vessel Ocean Quartz By feeds.findlaw.com Published On :: 2018-05-04T08:00:00+00:00 (United States Third Circuit) - Affirming the dismissal of an in rem suit filed against a ship for cargo damage sustained in transit because liability for the damage was covered by the carrier's bill of lading, which included a forum selection clause requiring suit be brought in South Korea because although South Korean courts would not allow an in rem suit, the plaintiff could have brought an in personam suit and chose not to do so for strategic reasons and the foreign forum selection clause did not violate the Carriage of Goods by Sea Act. Full Article Admiralty International Trade Injury & Tort Law
el Rockefeller Technology Investments (Asia) VII v. Changzhou Sinotype Technology Co. Ltd. By feeds.findlaw.com Published On :: 2018-06-01T08:00:00+00:00 (California Court of Appeal) - Reversing an arbitration proceeding default award for hundreds of millions of dollars against a Chinese company that did not appear after service by mail in a Los Angeles action brought by an American investment partnership complaining of a breach of contract because the Hague Service Convention does not permit Chinese citizens to be served by mail, nor does it permit parties to set their own terms of service by contract. Full Article International Law International Trade Civil Procedure Dispute Resolution & Arbitration Contracts
el Animal Science Products, Inc. v. Hebei Welcome Pharmaceutical Co. By feeds.findlaw.com Published On :: 2018-06-14T08:00:00+00:00 (United States Supreme Court) - Vacating and remanding the Second Circuit's support of a motion to dismiss a complaint relating to allegations that Chinese sellers of Vitamin C were engaged in price and quantity fixing of exports to the US because although the Ministry of Commerce of the People's Republic of China averred that the alleged price fixing scheme was actually a pricing regime mandated by the Chinese Government the court was not bound to accord conclusive effect to the foreign government's statements. No law or regulation had been cited and a foreign nation's laws must be proven as facts. Full Article International Law International Trade Commercial Law
el SOCIETE DES HOTELS MERIDIEN v. LASALLE HOTEL OPERATING P'SHIP By feeds.findlaw.com Published On :: 2004-08-17T08:00:00+00:00 (United States Second Circuit) - Dismissal of plaintiff's suit under Federal Rule of Civil Procedure 12(b)(6) is reversed where plaintiff's stated claims under the Lanham Act, alleging false advertising and unfair competition, were sufficient for purposes of Rule 12(b)(6). Full Article Civil Procedure Intellectual Property Trade Dress Trademark
el Shelby v. Superformance Int'l, Inc. By feeds.findlaw.com Published On :: 2006-01-18T08:00:00+00:00 (United States First Circuit) - Appeal from a partial summary judgment grant for defendant is dismissed in a trademark and trade-dress case involving a car manufacturer and the manufacturer of replica vehicles where plaintiff's appeal was moot. Full Article Civil Procedure Intellectual Property Trade Dress Trademark Transportation
el Optimum Techs., Inc. v. Henkel Consumer Adhesives, Inc. By feeds.findlaw.com Published On :: 2007-08-22T08:00:00+00:00 (United States Eleventh Circuit) - In dispute arising out of distributorship agreement and competing adhesive products for floor coverings, judgment for defendants is affirmed over claims that the district court erred in granting: 1) partial summary judgment for defendants on plaintiff's claims of trademark infringement and unfair competition; 2) summary judgment in favor of defendants on plaintiff's claims of breach of confidential relationship, breach of fiduciary duty, fraudulent concealment, fraud, and negligent misrepresentation; and 3) granting defendants' renewed motion for judgment as a matter of law on plaintiff's trademark and unfair competition claims, due to a lack of evidence establishing plaintiff's damages. Full Article Antitrust & Trade Regulation Injury & Tort Law Intellectual Property Trade Dress Trademark