ea Sean R. v. BMW of North America By feeds.findlaw.com Published On :: 2016-02-11T08:00:00+00:00 (Court of Appeals of New York) - In an injury case, alleging that plaintiff suffered severe mental and physical disabilities from in utero exposure to unleaded gasoline vapor caused by a defective fuel hose, the trial court’s exclusion of plaintiff’s expert witnesses from testifying at trial is affirmed where the experts did not rely on generally accepted principles and methodologies to reach their conclusions. Full Article Evidence Injury & Tort Law
ea Yaniveth R. v. LTD Realty Co. By feeds.findlaw.com Published On :: 2016-04-05T08:00:00+00:00 (Court of Appeals of New York) - In a personal injury action, arising after plaintiff, a minor child, was exposed to lead at her grandmother's apartment where she was cared for during the day, the Supreme Court's dismissal of the complaint is affirmed where plaintiff child' did not 'reside' at her grandmother's apartment for the purposes of section 27-2013[h][1] of the Administrative Code of the City of NY, which requires landlords to remove lead-based paint in any dwelling in which a child six year of age and under resides. Full Article Injury & Tort Law Entertainment Law Landlord Tenant Law
ea 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
ea League of United Latin American Citizens v. Edwards Aquifer Authority By feeds.findlaw.com Published On :: 2019-08-28T08:00:00+00:00 (United States Fifth Circuit) - Affirmed. A conservation and reclamation district regulating groundwater was not subject to the one person, one vote principle of the Equal Protection Clause because they are a special purpose unit of the government. Its apportionment scheme had a rational basis. Full Article Government Law Constitutional Law
ea Spady v. Bethlehem Area School Dist. By feeds.findlaw.com Published On :: 2015-09-01T08:00:00+00:00 (United States Third Circuit) - In an action stemming from the death of plaintiff's 15-year old son from a rare form of asphyxiation known as "dry drowning" or "secondary drowning" shortly after his participation in a mandatory swimming class run by his physical education teacher, claiming violations of her son's civil rights under 42 U.S.C. section 1983, the district court's denial of defendant's motion for summary judgment, on the basis of qualified immunity, is reversed where defendant's conduct did not violate a clearly established constitutional right. Full Article Civil Rights Constitutional Law Education Law Sports Law
ea Gemmink v. Jay Peak Inc. By feeds.findlaw.com Published On :: 2015-11-30T08:00:00+00:00 (United States Second Circuit) - In an injury action arising from a skiing accident, the district court's grant of summary judgment to defendant ski resort is affirmed where plaintiff failed to offer sufficient evidence of the link between his injuries and the assumed negligence of the defendant. Full Article Sports Law Injury & Tort Law
ea National Football League Management Council v. National Football League Players Association By feeds.findlaw.com Published On :: 2016-04-25T08:00:00+00:00 (United States Second Circuit) - In a dispute arising out of the alleged improper use of deflated footballs by professional football athlete Tom Brady, the District Court's vacation of the NFL Commissioner's award confirming the discipline of Brady, based upon the court's finding of fundamental unfairness and lack of notice, is reversed where: 1) the Commissioner properly exercised his broad discretion under the collective bargaining agreement; and 2) his procedural rulings were properly grounded in that agreement and did not deprive Brady of fundamental fairness. Full Article Labor & Employment Law Sports Law Dispute Resolution & Arbitration
ea Jackson v. Mayweather By feeds.findlaw.com Published On :: 2017-04-19T08:00:00+00:00 (California Court of Appeal) - In a suit brought following the break up of plaintiff's relationship with a former boxing champion, alleging invasion of privacy (both public disclosure of private facts and false light portrayal), defamation and intentional and negligent infliction of emotional distress, based on defendant's social media postings about the termination of plaintiff's pregnancy and its relationship to the couple's separation and his comments during a radio interview concerning the extent to which plaintiff had undergone cosmetic surgery procedures, the trial court's denial of defendant's special motion to strike those causes of action pursuant to Code of Civil Procedure section 425.16 is reversed as to with respect to plaintiff's claims for defamation and false light portrayal, as well as her cause of action for public disclosure of private facts based on defendant's comments about plaintiff's cosmetic surgery. In all other respects, the judgment is affirmed. Full Article Civil Procedure Sports Law Injury & Tort Law
ea Mann v. Palmerton Area School District By feeds.findlaw.com Published On :: 2017-09-21T08:00:00+00:00 (California Court of Appeal) - Affirming the district court's grant of summary judgment in the case of a student football player who took some hard hits and ended up diagnosed with traumatic brain injury because the coach was entitled to qualified immunity and there wasn't enough evidence to warrant a jury trail against the town. Full Article Civil Procedure Sports Law
ea Olson v. Manhattan Beach Unified School District By feeds.findlaw.com Published On :: 2017-11-29T08:00:00+00:00 (California Court of Appeal) - Affirming the trial court's dismissal of a second amended complaint in a lawsuit alleging defamation and deceit related to parents' complaints about a baseball team coach because the grievance, filed pursuant to a collective bargaining agreement, failed to satisfy the claim filing requirements of the Government Claims Act. Full Article Civil Procedure Sports Law Injury & Tort Law
ea Finkelman v. National Football League By feeds.findlaw.com Published On :: 2017-12-15T08:00:00+00:00 (United States Third Circuit) - Reversing a district court determination that a man complaining that the NFL's policies relating to the sale of SuperBowl tickets violated New Jersey law lacked subject matter jurisdiction and deferring action on the merits of the appeal pending a decision by the Supreme Court of New Jersey on a petition for certification of questions of state law, retaining jurisdiction over the appeal pending resolution of the certification. Full Article Sports Law Entertainment Law Civil Procedure Commercial Law
ea North American Soccer League, LLC v. United States Soccer Federation, Inc. By feeds.findlaw.com Published On :: 2018-02-23T08:00:00+00:00 (United States Second Circuit) - Affirming the denial of the North American Soccer League's motion for preliminary injunction seeking Division II designation pending the resolution of its antitrust case against the United States Soccer Federation because they had failed to demonstrate a clear likelihood of success on the merits of their claim. Full Article Civil Procedure Sports Law Antitrust & Trade Regulation
ea Willhide-Michiulis v. Mammoth Mountain Ski Area LLC By feeds.findlaw.com Published On :: 2018-07-18T08:00:00+00:00 (California Court of Appeal) - Affirmed that a ski area was not liable for injuries that a snowboarder suffered when she collided with a snowcat and snow-grooming tiller. The snowboarder, who was seriously hurt, argued that the ski resort was grossly negligent and thus liable for her injuries despite the liability waiver she had signed as part of her season-pass agreement. However, the Third Appellate District concluded that the operation of snow-grooming equipment on a snow run is an inherent risk of snowboarding and that there was no gross negligence, affirming summary judgment against her claims. Full Article Sports Law Injury & Tort Law
ea Tripplett v. Workers' Compensation Appeals Bd. By feeds.findlaw.com Published On :: 2018-07-24T08:00:00+00:00 (California Court of Appeal) - Affirmed the denial of a former professional football player's claim for workers' compensation benefits as former defensive tackle, Larry Tripplett, sought workers' compensation for cumulative injuries he suffered during his playing career. He argued that he was eligible for benefits in California, but the Fourth Appellate District disagreed, finding that he was ineligible because he was outside the state when he signed his employment contract with the Indianapolis Colts. Full Article Sports Law Workers' Compensation
ea Dent v. National Football League By feeds.findlaw.com Published On :: 2018-09-06T08:00:00+00:00 (United States Ninth Circuit) - Held that federal labor law did not preempt retired football players' claims that the National Football League encouraged them to take pain-masking medications without warning them of the drugs' risks. The NFL contended that the players' claims were preempted by sections 301 of the Labor Management Relations Act. Rejecting the league's argument, the Ninth Circuit concluded that, as pleaded, the players' negligence and other state law claims did not arise from collective bargaining agreements or require their interpretation. The panel therefore reversed dismissal of the proposed class action suit. Full Article Labor & Employment Law Sports Law Injury & Tort Law
ea 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
ea Martine v. Heavenly Valley L.P. By feeds.findlaw.com Published On :: 2018-09-26T08:00:00+00:00 (California Court of Appeal) - Held that a skier could not proceed to trial on her negligence claims alleging that, after hurting her knee, she was helped down the mountain by a ski patrol when the rescue sled in which she was riding went out of control and hit a tree. Affirmed summary judgment for the ski resort. Full Article Sports Law Injury & Tort Law
ea Roy Allan Slurry Seal, Inc. v. American Asphalt South, Inc. By feeds.findlaw.com Published On :: 2017-02-16T08:00:00+00:00 (Supreme Court of California) - In a government contracts dispute alleging the tort of intentional interference with prospective economic advantage, the Court of Appeals judgment overturning the trial court's judgment sustaining defendants demurrer, is reversed where plaintiffs' allegations -- that they had submitted the second lowest bids on several contracts awarded to defendant, and that their bids would have been accepted but for defendant's wrongful conduct during the bidding process -- are insufficient because: 1) public works contracts are a unique species of commercial dealings; 2) in the contracts at issue here, the public entities retained broad discretion to reject all bids; 3) the bids were sealed, and there were no postsubmission negotiations; 4) in awarding the contracts, the public entities could give no preference to any bidder based on past dealings, and were required to accept the lowest responsible bid; and 5) in these highly regulated circumstances, plaintiffs had 'at most a hope for an economic relationship and a desire for future benefit.' Blank v. Kirwan (1985) 39 Cal.3d 311, 331. Full Article Government Contracts Commercial Law Contracts
ea Coventry Health Care of Mo., Inc. v. Nevils By feeds.findlaw.com Published On :: 2017-04-18T08:00:00+00:00 (United States Supreme Court) - In an insurance class action arising in the context of the Federal Employees Health Benefits Act of 1959 (FEHBA) authorization of the Office of Personnel Management (OPM) to contract with private carriers for federal employees' health insurance, 5 U.S.C. section 8902(a) and (d), the Missouri Supreme Court's decision, preventing federal employee insurance carries from seeking subrogation and reimbursement if there is a conflicting state law, is reversed where, because contractual subrogation and reimbursement prescriptions plainly 'relate to . . . payments with respect to benefits,' section 8902(m)(1), they override state laws barring subrogation and reimbursement. Full Article Government Benefits Labor & Employment Law Government Contracts Insurance Law Health Law Injury & Tort Law Constitutional Law
ea Balfour Beatty Infrastructure, Inc. v. Mayor and City Council of Baltimore By feeds.findlaw.com Published On :: 2017-04-25T08:00:00+00:00 (United States Fourth Circuit) - In a construction company's suit against a city for breach of contract, alleging that the city unlawfully assessed liquidated damages against the company for failure to complete a construction project on time, the district court’s dismissal for lack of subject matter jurisdiction is affirmed where plaintiff is not excused from the normal requirement of administrative exhaustion under Maryland law. Full Article Government Contracts Construction Contracts
ea http://caselaw.findlaw.com/ca-court-of-appeal/1872588.html By feeds.findlaw.com Published On :: 2017-08-30T08:00:00+00:00 (California Court of Appeal) - Reversing the trial court's denial of a writ petition and declaratory and injunctive relief in the case of a city project because the trial court's dismantling of agreements entered into by an earlier administration and agency unconstitutionally impaired a private developer's contractual rights. Full Article Civil Procedure Government Contracts Contracts
ea Moda Health Plan, Inc. v. US By feeds.findlaw.com Published On :: 2018-06-14T08:00:00+00:00 (United States Federal Circuit) - In this insurance law claim a health insurer contends that the US failed to satisfy its payment obligation under a federal health insurance pool program. The Court of Federal Claims entered judgement for the insurer. The Court of Appeals reversed the judgment stating that Congress suspended the governments obligation and that subsequent regulation did not create a contract promising full payment. Full Article Insurance Law Administrative Law Government Contracts
ea International Brotherhood of Teamsters, Local 848 v. City of Monterey Park (First Transit, Inc.) By feeds.findlaw.com Published On :: 2019-01-07T08:00:00+00:00 (California Court of Appeal) - Revived a labor union's claim that a municipality violated a law concerning contract bidding when it hired a new private company to operate its municipal bus system. Reversed a dismissal and remanded, in this case involving a statutory bidding preference tied to labor rights. Full Article Transportation Labor & Employment Law Government Contracts
ea Board of Trustees of Glazing Health and Welfare Trust v. Chambers By feeds.findlaw.com Published On :: 2018-09-04T08:00:00+00:00 (United States Ninth Circuit) - Held that a 2015 Nevada statute designed to protect construction general contractors from certain claims was not preempted by ERISA. A group of labor unions brought this action seeking a declaratory judgment that Nevada's SB 223, limiting general contractors' vicarious liability for their subcontractors' unpaid labor debts, was preempted by ERISA. Finding no preemption, the Ninth Circuit vacated the entry of summary judgment for the unions. Full Article Construction ERISA Labor & Employment Law
ea Raam Construction, Inc. v. Occupational Safety and Health Appeals Board By feeds.findlaw.com Published On :: 2018-10-25T08:00:00+00:00 (California Court of Appeal) - Held that a general building contractor did not file a timely court challenge to a citation issued by government inspectors who found a safety violation at a job site. Affirmed dismissal of the contractor's petition for a writ of mandate. Full Article Construction
ea McCorkle Eastside Neighborhood Group v. City of St. Helena By feeds.findlaw.com Published On :: 2019-01-10T08:00:00+00:00 (California Court of Appeal) - Held that citizen groups lacked a valid basis to challenge a city council's decision to approve the construction of an eight-unit multifamily residential building. Affirmed denial of a writ petition, in a case involving compliance with the California Environmental Quality Act. Full Article Environmental Law Construction
ea Trustees of the Suburban Teamsters v. The E Company By feeds.findlaw.com Published On :: 2019-01-29T08:00:00+00:00 (United States Seventh Circuit) - Held that a construction business that ceased operations and cut off its pension contributions was subject to withdrawal liability under ERISA's Multiemployer Pension Plan Amendments. Affirmed summary judgment in favor of a labor union pension fund. Full Article ERISA Construction
ea 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
ea Texas Tech Physicians Associates v. US Department of Health and Human Services By feeds.findlaw.com Published On :: 2019-03-07T08:00:00+00:00 (United States Fifth Circuit) - Held that a university-affiliated medical practice must return $8 million to the federal agency that administers Medicare. The medical practice's test of a new care management model (a Medicare demonstration project) did not achieve the expected cost savings. Upheld an administrative order. Full Article Health Law Government Benefits
ea Goldstein v. California Unemployment Insurance Appeals Board By feeds.findlaw.com Published On :: 2019-04-30T08:00:00+00:00 (California Court of Appeal) - Upheld the denial of a man's application for unemployment insurance benefits. Affirmed the denial of writ relief. Full Article Government Benefits
ea Azar v. Allina Health Services By feeds.findlaw.com Published On :: 2019-06-03T08:00:00+00:00 (United States Supreme Court) - Held that the U.S. Department of Health and Human Services neglected its statutory notice-and-comment obligations when it revealed a new policy that dramatically -- and retroactively -- reduced Medicare payments to hospitals serving low-income patients. Concluded that the new policy must be vacated. Justice Gorsuch delivered the opinion of the 7-1 Court (Justice Kavanaugh did not participate). Full Article Health Law Administrative Law Government Benefits
ea Lomeli v. State Dept. of Health Care Services By feeds.findlaw.com Published On :: 2019-06-25T08:00:00+00:00 (California Court of Appeal) - Affirmed. Plaintiff sued medical providers for birth injuries that were paid for through Medi-Cal. The Department of Health Care Services put a lien on the monies recovered from the medical providers. Plaintiff sought to remove lien. Court held that Medi-Cal was entitled to repayment and upheld the lien. Full Article Injury & Tort Law Government Benefits
ea In Re: Devan Dennis and Tyeane Halbert By feeds.findlaw.com Published On :: 2019-06-27T08:00:00+00:00 (United States Seventh Circuit) - Affirmed. The Illinois Child Care Assistance Program could not collect overpayments made to debtors under the Supplemental Nutrition Assistance Program who filed for bankruptcy. Full Article Bankruptcy Law Government Benefits
ea Blaser v. State Teachers' Retirement System By feeds.findlaw.com Published On :: 2019-07-10T08:00:00+00:00 (California Court of Appeal) - Reversed. Plaintiff, a retired teacher, sought relief to prevent Defendant from reducing retirement benefits and to restore monies wrongfully withheld. The trial court held that Defendant was time-barred to reduce benefits and collect over payment, thus concluding that continuous accrual theory did not apply. Appeals court held the continuous accrual theory did apply, but Defendant was time barred as to over payments made more than three years before the action was filed and may adjust future monthly payments to recoup those prior over payments. Full Article Education Law Government Benefits
ea Rodriguez v. Workers' Comp. Appeals Bd By feeds.findlaw.com Published On :: 2019-08-27T08:00:00+00:00 (California Court of Appeal) - Plaintiff applied for disability retirement. His employer disputed his retirement and his claim of industrial causation. The Workers’ Compensation Appeals Board found that the disability was industrial, but that he was barred from receiving retirement benefits because his claim was untimely. The appeals court held that the industrial causation claim was timely and reversed the WCAB order and remanded with directions to grant Plaintiff’s claim. Full Article Workers' Compensation Labor & Employment Law Government Benefits
ea 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
ea Cargo Services Scam - HAPPY NEW YEAR to you and yours By feedproxy.google.com Published On :: Mon, 21 Apr 2014 22:16:19 +0200 A very long scam e-mail from Linda Zhong who lives in another dimension in time. Full Article
ea General Malware Spam - PURCHASE ORDER ENQUIRY..PLEASE CONFIRM By feedproxy.google.com Published On :: Wed, 02 Apr 2014 23:06:39 +0200 An unknown purchase order inquiry from Captain Fabri. You can smell the virus a mile away. Full Article
ea Charity Scam - YANG SEA FOOD LTD By feedproxy.google.com Published On :: Fri, 04 Apr 2014 01:18:20 +0200 A woman from Cambodia who is dying scam you. Full Article
ea Flags and Banners Spam - Assistance please By feedproxy.google.com Published On :: Mon, 07 Apr 2014 21:59:07 +0200 A general spammer that tries to throw in everything he can in one e-mail, from flags and banners and PVC printing to mosquito nets and aluminum fold-away wash lines. This spammer is an electronic convenience store! Full Article
ea MySafeStreams.com Porn Spam - Hey! Can you text me please? Or hit me up on YH By feedproxy.google.com Published On :: Tue, 08 Apr 2014 22:22:31 +0200 Cleverly disguised WebCam Spam from MySafeStreams.com Full Article
ea Inheritance Fund Scam a.k.a. Next of Kin Scam - Please Contact Me By feedproxy.google.com Published On :: Tue, 08 Apr 2014 22:25:03 +0200 Larry the 419 scammer is sorry for invading your privacy. Full Article
ea Bank Draft Scam - TREAT AS URGENT By feedproxy.google.com Published On :: Mon, 21 Apr 2014 18:29:57 +0200 Follow-up e-mail from Hillary Ndubem, the new beneficiary of Mrs Ruth Mohammed's funds, as assigned by Barr. Katie Richardson. Full Article
ea Job Offer Scam - Job Bank: Employment, Job Search, Careers, Computer Jobs By feedproxy.google.com Published On :: Mon, 21 Apr 2014 22:44:36 +0200 Cliff is offering you the job of shipping manager assistant. The problem is, there is no job, so there is no salary, only a scammer waiting to take your money. This is the worst type of scammer, taking money from unemployed people. Full Article
ea Cialiswelness.com Spam - Cppgenius Unread messages By feedproxy.google.com Published On :: Mon, 21 Apr 2014 22:49:56 +0200 A fake Facebook message, taking you to some online pharmacy site. Full Article
ea R.C.H.A. Stock Market Spam - This bioceutical will at least double By feedproxy.google.com Published On :: Tue, 22 Apr 2014 23:43:15 +0200 Stock market spammers still trying to push this stock. Full Article
ea Stock Market Spam - Our Opening Bell Breakout Pick Is Inside (IRMGF) By feedproxy.google.com Published On :: Tue, 09 Sep 2014 23:08:09 +0200 IRMGF (Inspiration Mining Corporation) pump and dump stock spam Full Article
ea Fudge v. City of Laguna Beach By feeds.findlaw.com Published On :: 2019-02-13T08:00:00+00:00 (California Court of Appeal) - Affirmed a mootness ruling in a dispute between two neighbors over the proposed demolition of a Laguna Beach house and its replacement with a new three-story residence. The case involved the California Environmental Quality Act and Coastal Commission rules. Full Article Environmental Law Property Law & Real Estate
ea WildEarth Guardians v. Provencio By feeds.findlaw.com Published On :: 2019-03-13T08:00:00+00:00 (United States Ninth Circuit) - Held that environmental advocacy groups could not proceed with their challenge to the U.S. Forest Service's decision to permit the limited use of motor vehicles off-road in a national forest in Arizona for certain purposes. Affirmed summary judgment against the environmental groups' claims. Full Article Environmental Law
ea WildEarth Guardians v. Provencio By feeds.findlaw.com Published On :: 2019-05-06T08:00:00+00:00 (United States Ninth Circuit) - In an amended opinion, held that environmental advocacy groups could not proceed with their challenge to the U.S. Forest Service's decision to permit limited motorized big game retrieval in a national forest in Arizona. Affirmed summary judgment against the environmental groups' claims. Full Article Environmental Law