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People v. Williams

(Court of Appeals of New York) - Conviction for criminal sale of a controlled substance is affirmed where defendant was given a reasonable opportunity to object to the legality of his guilty plea and didn't do so, thus failing to preserve his claim challenging the validity of his plea.



  • Criminal Law & Procedure

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In re Glickman

(Court of Appeals of New York) - In an election law action, concerning whether Steven Glickman, a candidate for the state senate, is eligible to run for that office, the Appellate Division's judgment that he was eligible is reversed where Glickman's 2014 registration to vote in Washington, D.C. precludes him as a matter of law from establishing the five years of continuous residency in New York required by the state constitution.




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Whole Woman's Health Alliance v. Curtis T. Hill, Jr.

(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.




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Collins v. Thurmond

(California Court of Appeal) - Affirmed in part. Reversed in part. Plaintiffs sued a number of defendants that included both local and state entities for causes of action alleging racial discrimination in disciplinary actions at a local high school. The appeals court affirmed the dismissal of most of Plaintiffs claims against state-level defendant because such claims cannot be brought against them. The appeals court did find that Plaintiffs have a cause of action under the equal protection clause of the California Constitution and they had standing to pursue the claims.




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Caliste v. Cantrell

(United States Fifth Circuit) - Affirmed. A magistrate's dual role as generator and administrator of court fees creates a conflict of interest when they set bail.




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Sterling v. Sterling

(California Court of Appeal) - In an action brought by the former owner of the Los Angeles Clippers, seeking to regain ownership of the professional basketball team that was purchased on August 12, 2014 via probate sale, the probate court's order sanctioning the sale is affirmed where: 1) the credited evidence overwhelmingly supported the court's conclusion that exigent circumstances warranted the sale of the Clippers to prevent extraordinary loss to the trust; and 2) the sanctioning of the sale was correct even through plaintiff, who initially agreed to the sale, purportedly revoked the trust in an effort to block the sale.




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In re: NFL Players Concussion Injury Litigation

(United States Third Circuit) - In a class action suit against the National Football League (NFL), brought by former players who alleged that the NFL failed to inform them of and protect them from the risks of concussions in football, the District Court's judgment is affirmed where the District Court was right to certify the class and approve the settlement.




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Mission Bay Alliance v. Office of Community Investment and Infrastructure

(California Court of Appeal) - In an appeal from the trial court's denial of two consolidated petitions to set aside the certification of the environmental impact report and related permits for the construction of an arena to house the Golden State Warriors basketball team, as well as other events, and the construction of adjacent facilities, in the Mission Bay South redevelopment plan area of San Francisco, the trial court's judgment is affirmed where there is no merit to plaintiffs' objections to the sufficiency of the city's environmental analysis and its approval of the proposed project.




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Miranda v. Selig

(United States Ninth Circuit) - In an antitrust suit brought by professional minor league baseball players, the district court's dismissal of the suit is affirmed because professional minor league baseball is exempt from federal antitrust laws.




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Willhide-Michiulis v. Mammoth Mountain Ski Area LLC

(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.




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Hornish Joint Living Trust v. King County

(United States Ninth Circuit) - Affirmed summary judgment against private landowners in a dispute regarding the boundaries of a hiking and biking trail built along the path of an old railroad easement. The landowners, whose properties abutted the rail corridor, sued the county government to challenge the nature, scope, and width of the corridor covered by the easement. The county counterclaimed asking the court to quiet title. On appeal, the Ninth Circuit agreed that the county was entitled to prevail.




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Spinelli v. National Football League

(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.




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Dilley v. Holiday Acres Properties, Inc.

(United States Seventh Circuit) - Held that two riders seriously injured while horseback riding in Wisconsin could not pursue negligence claims against trail and stable operators, because their causes of action were barred by Wisconsin's equine-immunity statute, which blocks recovery for most injuries that result from an inherent risk of equine activities. Affirmed summary judgment and judgment on the pleadings against the riders, respectively.




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Mackey v. Board of Trustees of the California State University

(California Court of Appeal) - Revived claims brought by several African-American college basketball players that their head coach had engaged in race-based discrimination and retaliation. The players claimed that the coach reduced their playing time, afforded them fewer opportunities, punished them more severely and otherwise favored their teammates of other races. Reversed summary judgment in relevant part on their claims under title VI of the Civil Rights Act of 1964 and California law.




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Agility Defense & Government Servs., Inc. v. US

(California Court of Appeal) - In a government contractor's claim for an equitable adjustment arising out of its fixed price indefinite delivery contract with the Defense Logistics Agency (DLA)’s Defense Reutilization and Marketing Service (DRMS), the Court of Federal Claims' denial of the claim is reversed where: 1) the Claims Court's findings that DRMS did not inadequately or negligently prepare its estimates and that Agility did not rely on those estimates are clearly erroneous; and 2) Plaintiff’s receipt of scrap sales and the parties' agreement to clause H.19 do not preclude plaintiff from recovering under this claim.




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Agility Public Warehousing Co. KSCP v. Mattis

(United States Federal Circuit) - In an appeal from a decision of the Armed Services Board of Contract Appeals finding that the government did not breach the terms of a supply contract with plaintiff, the Board's decision is: 1) affirmed in part where the government did not breach the express terms of the contract or a later agreement to consider exceptions; but 2) vacated in part where the Board erred when it concluded that it 'need not decide' plaintiff's implied duty and constructive change claims.




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Agility Logistics Services Company KSC v. Mattis

(United States Federal Circuit) - Affirming the decision by the Armed Services Board of Contract Appeals dismissing for lack of jurisdiction because the Contract Disputes Act did not provide jurisdiction in a case involving a contract with the Army to establish and operate supply chain during Iraq's reconstruction and that the Board lacked jurisdiction under its charter and partially dismissing because the decision was not made pursuant under the CDA, so the court lacked jurisdiction to review.




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Alliance for Open Society International, Inc. v. US Agency for International Development

(United States Second Circuit) - Held that the U.S. government could not constitutionally deny funding to fight HIV/AIDS abroad based on a foreign organization's failure to adopt a policy explicitly opposing prostitution and sex trafficking. Affirmed the issuance of a permanent injunction on First Amendment grounds. The government had been interpreting a related 2013 Supreme Court decision narrowly.




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Allied Concrete and Supply Co. v. Baker

(United States Ninth Circuit) - Held that California did not violate the Equal Protection Clause when it adopted a 2015 amendment that conferred prevailing-wage protections on delivery drivers of ready-mix concrete. Reversed a summary judgment decision in this case involving a law that guarantees a special minimum wage to workers employed on public-works projects.




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San Diego Unified Port District v. California Coastal Commission (Sunroad Marina Partners, LP)

(California Court of Appeal) - Held that the California Coastal Commission did not act contrary to law in refusing to certify the San Diego Unified Port District's proposed master plan amendment authorizing a hotel development project, in a reversal of the trial court.




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Contractors' State Licensing Board v. Superior Court (Black Diamond Electric, Inc.)

(California Court of Appeal) - Held that an electrical contractor could not proceed with its lawsuit challenging a state licensing board's disciplinary decision, because the contractor was required to exhaust its administrative remedies before filing suit. Granted the licensing board's petition for a writ of mandate.




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ACCO Engineered Systems, Inc. v. Contractors' State License Board

(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.




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JMS Air Conditioning and Appliance, Inc. v. Santa Monica Community College District

(California Court of Appeal) - Upheld an administrative decision by the Santa Monica Community College District to allow a contractor to replace one subcontractor with another subcontractor on a construction project. Affirmed the denial of the plaintiff subcontractor's writ petition.




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Yu v. Liberty Surplus Insurance Corp.

(California Court of Appeal) - Affirmed an order voiding a default judgment on procedural grounds. Held that the complaint did not provide adequate notice to sustain a default because it failed to specify the amount of damages that the plaintiff was seeking, and instead merely prayed for "damages according to proof," in this lawsuit related to the construction of a hotel.




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Berkeley Cement, Inc. v. Regents of the University of California

(California Court of Appeal) - Held that mediation costs fall within the category of costs that may be awarded in the trial court’s discretion. Affirmed an award to the prevailing party in this construction dispute.




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Venice Coalition to Preserve Unique Community Character v. City of Los Angeles

(California Court of Appeal) - Held that a citizen group could not proceed with its claims that the City of Los Angeles engaged in a pattern and practice of illegally exempting certain development projects in Venice from permitting requirements contained in the California Coastal Act and the Venice Land Use Plan. Affirmed summary judgment for city.




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Berkeley Hills Watershed Coalition v. City of Berkeley

(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.




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In re Border Infrastructure Environmental Litigation

(United States Ninth Circuit) - Held that the U.S. Department of Homeland Security had the statutory authority to expedite construction of physical border barriers near San Diego and Calexico, California. The State of California and multiple environmental groups challenged the agency's 2017 authorization of these projects, which involved wall prototypes and tens of miles of replacement fencing. However, the Ninth Circuit affirmed summary judgment in favor of the federal government.




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Los Angeles County Metropolitan Transportation Authority v. Yum Yum Donut Shops Inc.

(California Court of Appeal) - Held that a donut shop that was condemned through eminent domain because it was in the path of a proposed rail line was entitled to compensation for its lost goodwill. Reversed and remanded.




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Ione Valley Land, Air, and Water Defense Alliance, LLC v. County of Amador

(California Court of Appeal) - Held that an environmental group could not proceed with its challenge to a county's approval of a private company's plan to build a rock quarry and related facilities. Affirmed the denial of a writ petition.




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Tanimura and Antle Fresh Foods Inc. v. Salinas Union High School District

(California Court of Appeal) - Held that a school district could impose school impact fees on an agricultural company's new residential housing complex even though it was intended to house only adult seasonal farmworkers. Reversed the decision below.




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Fidelity and Deposit Co. v. Edward E. Gillen Co.

(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.




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Rudisill v. California Coastal Commission

(California Court of Appeal) - Held that an anti-SLAPP motion was not frivolous. The motion was filed by the real parties in interest in a mandamus proceeding concerning permits for a real estate development project. Reversed a sanctions order.




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McMillin Homes Construction Inc. v. National Fire and Marine Insurance Co.

(California Court of Appeal) - Held that an insurance company owed a duty to defend a general contractor who was being sued by homeowners over alleged roofing defects. The case involved a commercial general liability insurance policy issued to a roofing subcontractor. Reversed the decision below.




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Independent Living Center of Southern California, Inc. v. Kent

(United States Ninth Circuit) - Reversed the denial of the plaintiffs' request for attorney fees following the settlement of litigation challenging California's attempt to reduce the rate of Medi-Cal reimbursement for healthcare providers by 10 percent. Remanded for further proceedings on the attorney fee request.




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Consolidation Coal Co. v. Office of Workers' Compensation Programs

(United States Seventh Circuit) - Upheld a federal agency's decision that a former coal miner was entitled to benefits under the Black Lung Benefits Act. His former employer, a coal company, had challenged the benefits award.




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Goldstein v. California Unemployment Insurance Appeals Board

(California Court of Appeal) - Upheld the denial of a man's application for unemployment insurance benefits. Affirmed the denial of writ relief.




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Azar v. Allina Health Services

(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).




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Lomeli v. State Dept. of Health Care Services

(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.




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D.C. Association of Chartered Public Schools v. District of Columbia

(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.




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Tesla Generator Spam - PayAdvance.com Application for Membership

A "buy two for the price of one" type of spammer.




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Flipora Spam - iyaloo27@gmail.com is waiting for your reply. Respond?

We have a friend from Flipora, which we did not know we had... Oh sorry our mistake, iyaloo27@gmail.com is not our friend, he/she is a spammer and spammers are our enemy.




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Verizon Phishing Scam - Verizon wireless online bill.

Your Verizon Wireless bill from the IRS. Wow, they must be serious about collecting the outstanding amount, because they called fridaysug85 to do the collection!




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SARS Phishing Scam - SARS eFiling Payment Adjudicated

The shortest phishing scam e-mail ever!




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SARS eFiling Phishing Scam - Support Center

Another lame attempt at defrauding honest tax-paying South Africans. These phishing scammers could have at least used a better logo in their e-mail.




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Nomorerack Online Shopping Spam - Take a look at this spam

This is why it pays to have a mailbox called spam.




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Parcel Delivery Malware Spam - UPS Shipping service report Q76WQCOQBV

Poorly formatted, fake UPS Shipping service report, including malware.




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Parcel Delivery Malware Spam - Royal Mail Shipment Status No 00087904

Royal Mail Shipment scam with a ZBot Trojan attached to it.




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Cialiswelness.com Spam - Cppgenius Unread messages

A fake Facebook message, taking you to some online pharmacy site.




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High Priority Package Delivery Scam - Delivery Notification

Rosa Daniel wants you to come to Rome to pick up a high priority package.