ed ACCO Engineered Systems, Inc. v. Contractors' State License Board By feeds.findlaw.com Published On :: 2018-12-15T08:00:00+00:00 (California Court of Appeal) - Upheld a decision of the Contractors' State License Board finding that a large contracting company violated California law by failing to obtain a building permit before replacing a boiler. Affirmed the denial of the company's writ petition. Full Article Construction
ed Berkeley Hills Watershed Coalition v. City of Berkeley By feeds.findlaw.com Published On :: 2019-01-30T08:00:00+00:00 (California Court of Appeal) - Held that a neighborhood organization could not stop the construction of three new single-family homes in a certain location, despite alleged violations of zoning and environmental laws. Affirmed the denial of a writ petition. Full Article Environmental Law Construction
ed Boatworks, LLC v. City of Alameda By feeds.findlaw.com Published On :: 2019-05-15T08:00:00+00:00 (California Court of Appeal) - Struck down a portion of a city ordinance authorizing development impact fees for parks and recreation. Affirmed the lower court in relevant part, in this case involving California's Mitigation Fee Act. Full Article Property Law & Real Estate Construction
ed Fidelity and Deposit Co. v. Edward E. Gillen Co. By feeds.findlaw.com Published On :: 2019-06-03T08:00:00+00:00 (United States Seventh Circuit) - Held that a construction company's surety (an insurance company) may not augment its contractual indemnification rights with the ancient doctrine of quia timet -- equitable protection from probable future harm. The construction company allegedly had gone belly up on a government project. Affirmed summary judgment against the surety's claim. Full Article Insurance Law Construction Contracts
ed Planned Parenthood of Greater Texas v. Smith By feeds.findlaw.com Published On :: 2019-01-17T08:00:00+00:00 (United States Fifth Circuit) - Held that the State of Texas should not have been enjoined from terminating Medicaid funding to Planned Parenthood facilities. Concluded that the district court applied an incorrect standard of review, in this case involving the facilities' alleged noncompliance with accepted medical and ethical standards. Vacated a preliminary injunction and remanded. Full Article Health Law Government Benefits
ed Winsted v. Berryhill By feeds.findlaw.com Published On :: 2019-02-08T08:00:00+00:00 (United States Seventh Circuit) - Held that the Social Security Administration did not adequately explain why it denied a man's application for disability insurance benefits and supplemental security income. The issue had to do with residual function capacity. Reversed the district court's judgment and remanded to the federal agency. Full Article Administrative Law Government Benefits
ed Winsted v. Berryhill By feeds.findlaw.com Published On :: 2019-04-03T08:00:00+00:00 (United States Seventh Circuit) - In an amended opinion, held that the Social Security Administration did not adequately explain why it denied a man's application for disability insurance benefits and supplemental security income. The issue had to do with residual function capacity. Reversed the district court's judgment and remanded to the federal agency. Full Article Government Benefits
ed Reed v. Taylor By feeds.findlaw.com Published On :: 2019-05-02T08:00:00+00:00 (United States Fifth Circuit) - Held that a civilly committed sexually violent predator could be required to pay for GPS monitoring or else face criminal prosecution, even though his sole income was Social Security. Affirmed a summary judgment ruling in a case involving a now-repealed Texas law. Full Article Government Benefits Criminal Law & Procedure
ed D.C. Association of Chartered Public Schools v. District of Columbia By feeds.findlaw.com Published On :: 2019-07-19T08:00:00+00:00 (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. Full Article Civil Procedure Education Law Government Benefits
ed CREDIBLE BEHAVIORAL HEALTH INC v. JOHNSON By feeds.findlaw.com Published On :: -November 20, 2019-T08:00:00+00:00 (MD Court of Appeals) - No. 19, Sept. Term, 2019 Full Article
ed Paypal Phishing Scam - Attention! Your PayPal Account Could Be Suspended! By feedproxy.google.com Published On :: Fri, 17 Jan 2014 20:23:18 +0200 Phishing scammers need a little help scamming you! Full Article
ed SARS Phishing Scam - SARS eFiling Payment Adjudicated By feedproxy.google.com Published On :: Sat, 18 Jan 2014 14:30:57 +0200 The shortest phishing scam e-mail ever! Full Article
ed NatWest Credit Card Services Banking Phishing Scam By feedproxy.google.com Published On :: Sat, 05 Apr 2014 22:12:47 +0200 An extremely legitimate looking phishing scam aimed at NatWest credit card holders. Full Article
ed Unclaimed Funds Scam - Re: Mail From Thailand By feedproxy.google.com Published On :: Mon, 07 Apr 2014 20:55:11 +0200 The 419 scammers are afraid that they are going to pay your fake fund into the wrong bank account, so they want to make sure if they have the correct banking details... how considerate of them. Full Article
ed Banking Phishing Scam - Nedbank transaction notification #2410-779 By feedproxy.google.com Published On :: Mon, 07 Apr 2014 22:49:02 +0200 Phishing scammers targeting Nedbank customers with malware. Full Article
ed Super Loan Spam - C_PLUS_PLUS_GENIUS, You are PRE-SELECTED for a Super Loan up to R150,000! - Super-Loan.co.za By feedproxy.google.com Published On :: Tue, 08 Apr 2014 21:15:07 +0200 Super-Loan.co.za are super spammers and when you go to their website you will find that it is super useless, i.e. it only shows the Microsoft IIS7 status page. Super professional. Full Article
ed Canadian Pharmacy, Medications and Drug Spam - Image has been damaged By feedproxy.google.com Published On :: Tue, 08 Apr 2014 21:23:15 +0200 The Canadian Pharmacy Spammers are at it again, or should we say still at it again. Full Article
ed General Malware Spam - You have received a new fax message By feedproxy.google.com Published On :: Wed, 03 Sep 2014 22:08:42 +0200 Fax or malware? This is clearly malware. Full Article
ed Berkeley Hills Watershed Coalition v. City of Berkeley By feeds.findlaw.com Published On :: 2019-01-30T08:00:00+00:00 (California Court of Appeal) - Held that a neighborhood organization could not stop the construction of three new single-family homes in a certain location, despite alleged violations of zoning and environmental laws. Affirmed the denial of a writ petition. Full Article Environmental Law Construction
ed Western Watersheds Project v. Grimm By feeds.findlaw.com Published On :: 2019-04-23T08:00:00+00:00 (United States Ninth Circuit) - Revived conservationist groups' challenge to the federal government's participation in the killing of gray wolves in Idaho. Reversed a dismissal for lack of Article III standing and remanded. Full Article Environmental Law
ed 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
ed Union of Medical Marijuana Patients v. City of San Diego By feeds.findlaw.com Published On :: 2019-08-19T08:00:00+00:00 (Supreme Court of California) - Reversed. The City of San Diego authorized medical marijuana dispensaries. It decided that the dispensaries did not constitute a project for the purposes of the California Environmental Quality Act, so an environmental review was not necessary. Plaintiff challenged the failure to conduct an environmental review. The appeals court agreed with the City’s assessment. The Supreme court ruled that an improper test was applied under Public Resources Code section 21065 to determine whether a review was necessary or not. The case was remanded for further proceedings. Full Article Environmental Law Civil Procedure
ed Refined Metals Corp. v. NL Industries, Inc. By feeds.findlaw.com Published On :: 2019-08-22T08:00:00+00:00 (United States Seventh Circuit) - Affirmed. A lawsuit relating to who should pay for the cleanup of a contaminated site was dismissed because the limitations period had expired by the time the plaintiff filed suit. Full Article Environmental Law Civil Procedure
ed DRK Photo v. McGraw Hill Global Education Holdings, LLC By feeds.findlaw.com Published On :: 2017-09-12T08:00:00+00:00 (United States Ninth Circuit) - Affirming summary judgment to the defendant schoolbook publisher against a stock photography agency complaining of copyright infringement because they were nonexclusive licensing agents for the photos at issue and failed to demonstrate adequate ownership interest to confer standing. Full Article Copyright Civil Procedure Intellectual Property
ed 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
ed Skidmore v. Led Zeppelin By feeds.findlaw.com Published On :: 2018-09-28T08:00:00+00:00 (United States Ninth Circuit) - Granted a new trial in a copyright case involving a claim that Led Zeppelin copied key portions of its hit Stairway to Heaven from a song written by a musician named Randy Wolfe. Held that several jury instructions were erroneous and prejudicial, including the instructions on originality, and thus vacated the jury's verdict of no infringement. Full Article Entertainment Law Intellectual Property Copyright
ed Capitol Records, LLC v. ReDigi Inc. By feeds.findlaw.com Published On :: 2018-12-12T08:00:00+00:00 (United States Second Circuit) - Affirmed a finding of copyright infringement, in a lawsuit that involved copyrighted music recordings resold through an internet platform. The suit was brought by several record companies. Full Article Entertainment Law Intellectual Property Copyright
ed BWP Media USA Inc. v. Polyvore, Inc. By feeds.findlaw.com Published On :: 2019-04-17T08:00:00+00:00 (United States Second Circuit) - Revived a media company's claim that a popular website infringed its copyright in certain photographs of famous celebrities. The website, which enables users to create and share digital photo collages, has a clipper tool that lets users clip images from other websites. Reversed summary judgment in relevant part, in this case involving the Digital Millennium Copyright Act. Full Article Media Law Cyberspace Law Copyright
ed Media Rights Technologies, Inc. v. Microsoft Corp. By feeds.findlaw.com Published On :: 2019-05-02T08:00:00+00:00 (United States Ninth Circuit) - Revived a tech company's copyright infringement claims against a competitor. Held that claim preclusion did not bar the company from asserting copyright infringement claims that had accrued after its earlier patent infringement suit against the competitor. Full Article Civil Procedure Intellectual Property Copyright
ed 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
ed 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
ed Federal Home Loan Bank of Bost v. Moody's Corp. By feeds.findlaw.com Published On :: 2016-05-02T08:00:00+00:00 (United States First Circuit) - In a case arising out of the near-collapse of the mortgage-backed securities market, alleges that various rating agencies falsely gave out triple-A ratings to mortgage-backed securities they knew were far riskier than indicated by their pristine ratings, the District Court's dismissal of plaintiff's claims on jurisdictional grounds is reversed where it erred in finding that it lacks statutory power to transfer this action to another federal court in which personal jurisdiction over certain defending parties may be met. Full Article Civil Procedure Securities Law Banking Law
ed 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
ed Vannoy v. Fed. Reserve Bank of Richmond By feeds.findlaw.com Published On :: 2016-06-28T08:00:00+00:00 (United States Fourth Circuit) - In an employment discrimination action, contending that defendant-employer interfered with and retaliated against plaintiff, a former employee, in violation of the Family and Medical Leave Act (FMLA) and failed to accommodate and discriminatorily discharged plaintiff in violation of the Americans with Disabilities Act (ADA), the district court's grant of summary judgment to defendants is: 1) affirmed as to plaintiff's FMLA retaliation claim and ADA claims; but 2) vacated as to plaintiff's FMLA interference claim where genuine issues of material fact exist. Full Article Civil Rights Labor & Employment Law Health Law
ed Medina & Medina, Inc. v. Hormel Foods Corp. By feeds.findlaw.com Published On :: 2016-10-21T08:00:00+00:00 (United States First Circuit) - In a case involving a dispute over an unwritten and allegedly exclusive distributorship agreement between plaintiff and Hormel Foods Corp. under Puerto Rico's Dealer's Contracts Act (Law 75), P.R. Laws Ann. tit. 10 sections 278-278e, the district court's judgment is: 1) affirmed in part where plaintiff's exclusivity claim as presented is time-barred; and 2) reversed in part where the statute of limitations bar to recovery extends to plaintiff's Costco-related claim as well. Full Article Civil Procedure Commercial Law Contracts
ed Fredrickson v. Starbucks Corp. By feeds.findlaw.com Published On :: 2016-11-03T08:00:00+00:00 (United States Ninth Circuit) - In a class action brought by three former baristas at Starbucks, challenging defendant's practice of withholding state and federal taxes from baristas' paychecks based on cash tips received, the district court's dismissal with prejudice is reversed and the case remanded to state court where: 1) the Tax Injunction Act and the Anti-Injunction Act deprives the district court of subject matter jurisdiction over plaintiffs' claims for declaratory and injunctive relief; and 2) the federal-state comity doctrine bars the district court from awarding statutory damages on the state-tax component of the plaintiffs' claims. Full Article Labor & Employment Law Class Actions Tax Law
ed Biondo v. Kaledia Health By feeds.findlaw.com Published On :: 2019-08-19T08:00:00+00:00 (United States Second Circuit) - Vacated and remanded. Plaintiff, who is profoundly deaf, appeals from dismissal on summary judgment her claim that a hospital violated the Rehabilitation Act by failing to provide an ASL interpreter. The panel concluded that material issues of fact preclude summary judgment. Full Article Civil Procedure
ed Union of Medical Marijuana Patients v. City of San Diego By feeds.findlaw.com Published On :: 2019-08-19T08:00:00+00:00 (Supreme Court of California) - Reversed. The City of San Diego authorized medical marijuana dispensaries. It decided that the dispensaries did not constitute a project for the purposes of the California Environmental Quality Act, so an environmental review was not necessary. Plaintiff challenged the failure to conduct an environmental review. The appeals court agreed with the City’s assessment. The Supreme court ruled that an improper test was applied under Public Resources Code section 21065 to determine whether a review was necessary or not. The case was remanded for further proceedings. Full Article Environmental Law Civil Procedure
ed American Bankers Association v. National Credit Union Administration By feeds.findlaw.com Published On :: 2019-08-20T08:00:00+00:00 (United States DC Circuit) - Remanded. A final rule issued by the National Credit Union Administration intended to make it easier for community credit unions to expand their coverage that was opposed by bankers was largely affirmed, but remanded to consider a portion that might impact poor and minority urban residents. Full Article Administrative Law Civil Procedure Banking Law
ed Refined Metals Corp. v. NL Industries, Inc. By feeds.findlaw.com Published On :: 2019-08-22T08:00:00+00:00 (United States Seventh Circuit) - Affirmed. A lawsuit relating to who should pay for the cleanup of a contaminated site was dismissed because the limitations period had expired by the time the plaintiff filed suit. Full Article Environmental Law Civil Procedure
ed Fidelity National Financial, Inc. v. Friedman By feeds.findlaw.com Published On :: 2019-08-22T08:00:00+00:00 (United States Ninth Circuit) - Reversed and remanded. The district court’s order vacating a registered judgement is reversed, holding that a court need not have personal jurisdiction over a judgment debtor in order to “merely register” a previously obtained judgment. Full Article Civil Procedure
ed Planned Parenthood of Indiana v. Adams By feeds.findlaw.com Published On :: 2019-08-27T08:00:00+00:00 (United States Seventh Circuit) - Affirmed. A preliminary injunction against enforcement of state laws requiring parental notification in the case of pregnant unemancipated minors seeking abortions was upheld. Full Article Civil Procedure Constitutional Law
ed Fed. Trade Comm'n v. Whole Foods Market, Inc. By feeds.findlaw.com Published On :: 2008-11-21T08:00:00+00:00 (United States DC Circuit) - Denial of the FTC's request for a preliminary injunction against the merger of the Whole Foods and Wild Oats supermarket chains is reversed and remanded where: 1) the case was not moot despite the merger's having already occurred; 2) the district court did not abuse its discretion by considering the market definition proposed by the FTC, in which Whole Foods and Wild Oats compete in the "premium, natural, and organic supermarkets" (PNOS) market, not against all supermarkets; 3) the FTC met the threshold requirements for obtaining a preliminary injunction by demonstrating a likelihood of success on its claim that the two supermarkets did compete in the PNOS market; and 4) the district court was best positioned to balance the FTC's showing against the equities weighing against an injunction. (Amended and reissued opinion) Full Article Antitrust & Trade Regulation Commercial Law Corporation & Enterprise Law M&A
ed Equitable Res., Inc. v. United Steel, Paper & Forestry, Rubber, Mfg., etc. By feeds.findlaw.com Published On :: 2010-09-16T08:00:00+00:00 (United States Sixth Circuit) - In a company's suit under section 301 of the Labor Management Relations Act (LMRA) to vacate or modify the arbitration award against it, district court's grant of summary judgment in favor of the union is affirmed where: 1) the arbitrator did not exceed his authority by interpreting the CBA in a way that allowed the company to be found liable for a breach; 2) the arbitrator did not exceed the scope of his authority to decide a representational issue in this case because the arbitrator's successor decision was permissible in furtherance of his interpretation of the CBA; 3) the award's remedy does not violate public policy; and 4) the arbitrator did not dispense his own brand of industrial justice. Full Article Contracts Corporation & Enterprise Law Government Law Labor & Employment Law M&A
ed NAF Holdings, LLC v. Li & Fund (Trading) Limited By feeds.findlaw.com Published On :: 2015-09-04T08:00:00+00:00 (United States Second Circuit) - In a dispute arising out of a merger, and in light of Delaware Supreme Court's answer to a certified question that plaintiff was not required to bring its breach of contract claim as a derivative action, the district court's grant of summary judgment in favor defendant is vacated where plaintiff is not barred from pursuing its claim directly. Full Article Contracts Corporation & Enterprise Law M&A
ed Varjabedian v. Emulex Corporation By feeds.findlaw.com Published On :: 2018-04-20T08:00:00+00:00 (United States Ninth Circuit) - Affirming a district court conclusion in a putative securities class action relating to a corporate merger that the Securities Exchange Act does not create a private right of action for shareholders confronted with a tender offer and dismissing the complaint as to one defendant, who was not a proper defendant, holding that the Exchange Act requires a showing of negligence rather than scienter for the claims brought, and remanding for the district court to reconsider the defense motion to dismiss under the negligence standard. Full Article Class Actions Civil Procedure Banking Law M&A Securities Law
ed Latido Music Announces Advisory Board - Notable Execs From Univision, Warner Bros., Cinedigm By feedproxy.google.com Published On :: Latido Music, The Premiere 24-hour Digital Television Network Dedicated To Latin Music, Has Announced The Formation Of Its Advisory Board Full Article
ed PaTRAM Institute To Record Next CD In Saratov, Russia, Accompanied By The Wonderworking Kursk Root Icon Of The Mother Of God By feedproxy.google.com Published On :: Fresh Off Their GRAMMY Nomination For Their CD, Teach Me Thy Statutes,the PaTRAM Institute Will Record Their Next CD In Saratov, Russia This August. Full Article
ed 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
ed 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