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BP Exploration and Production, Inc. v. Claimant ID 100094497

(United States Fifth Circuit) - In a case arising out of the 2010 Deepwater Horizon oil spill, held that a detrimentally impacted seafood business's monetary award under a court supervised settlement program was not properly calculated. Vacated and remanded.



  • Injury & Tort Law
  • Oil and Gas Law
  • Water Law

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BP Exploration and Production Inc. v. Claimant ID 100217946

(United States Fifth Circuit) - Affirmed that a nonprofit organization was entitled to compensation under a settlement program that oil company BP established following the Deepwater Horizon oil spill. Upheld the claims administrator's decision.




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BP Exploration and Production Inc. v. Claimant ID 100281817

(United States Fifth Circuit) - Held that a professional basketball player was not entitled to compensation for his alleged lost earnings resulting from the Deepwater Horizon oil spill. A player for the New Orleans Hornets (now known as the New Orleans Pelicans) claimed that the spill indirectly impacted his earnings under a previously negotiated contract. On BP's appeal, the Fifth Circuit overturned the award approved by a settlement claims administrator.




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BP Exploration and Production, Inc. v. Claimant ID 100141850

(United States Fifth Circuit) - Held that a manufacturer was entitled to millions of dollars in compensation for losses attributable to the Deepwater Horizon oil spill. Upheld the decision of a settlement program administrator, which was challenged by oil company BP.




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BP Exploration and Production, Inc. v. Claimant ID 100261922

(United States Fifth Circuit) - Held that an Alabama-based manufacturer of commercial signs was entitled to compensation for losses attributable to the Deepwater Horizon oil spill. Upheld the decision of a settlement program administrator, which was challenged by oil company BP.




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BP Exploration and Production, Inc. v. Claimant ID 100166533

(United States Fifth Circuit) - Held that an electrical contractor was entitled to compensation for losses attributable to the Deepwater Horizon oil spill. Upheld the decision of a settlement program administrator, which was challenged by oil company BP.




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Claimant ID 100081155 v. BP Exploration and Production, Inc.

(United States Fifth Circuit) - Held that a short-term vacation rental business was improperly denied compensation for losses attributable to BP's 2010 oil spill. The settlement program administrator, and the district court, misinterpreted the settlement agreement's definition of a failed business. Vacated and remanded.




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Parker Drilling Management Services, Ltd. v. Newton

(United States Supreme Court) - Addressed what law applies on the Outer Continental Shelf, holding that California wage-and-hour law was inapplicable to a worker on an offshore drilling platform. Under the Outer Continental Shelf Lands Act, if federal law addresses the relevant issue, state law is not adopted as surrogate federal law. Justice Thomas delivered the opinion for a unanimous Court.



  • Oil and Gas Law
  • Labor & Employment Law
  • Admiralty

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Marilley v. Bonham

(United States Ninth Circuit) - In an action brought by a class of non-resident commercial fishers who contended that California's discriminatory fishing fees violated the Privileges and Immunities Clause of the United States Constitution, the district court's summary judgment in favor of plaintiff is affirmed where California’s differential commercial fishing license fees, Cal. Fish & Game Code sections 7852, 7881, 8550.5, and 8280.6, which charged non-residents two or three times more in fees than residents, violated the Privileges and Immunities Clause because California failed to offer a closely related justification for its discrimination against non-residents.




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DiMare Fresh, Inc. v. US

(United States Federal Circuit) - In a suit arising out of press releases issued by the Food and Drug Administration which warned consumers of a possible link between plaintiffs' tomatoes and an outbreak of salmonella, the Claims Court's dismissal of the amended complaint is affirmed where the press releases did not effect a regulatory taking.




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Ammerman v. Callender

(California Court of Appeal) - In an appeal concerns the interpretation and administration of a family trust, the residuary assets of which comprise cash and other liquid assets, real property, and royalty agreements for licensing of the Marie Callender name, the trial court's ruling, that the trust residuary should be divided based on what the parties referred to as the 'changing fraction method,' is reversed where: 1) based on the terms of the trust that initially divided the residuary into one-third interests for each of the three beneficiaries, those percentage interests remained fixed and the changing fraction method does not apply; and 2) the court erred when it ruled defendant was responsible for a portion of the estate taxes on a piece of real property left to her outright, because the trust stated she was not to be liable for any taxes.




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Animal Legal Def. Fund v. FDA

(United States Ninth Circuit) - In a Freedom of Information Act (FOIA) case, challenging the FDA's decision to redact certain commercially-sensitive information concerning egg-production farms in Texas, the district court's grant of summary judgment to defendant is affirmed where the FDA properly withheld information under FOIA exemption 4 that was likely to cause substantial competitive harm.




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Crupar-Weinmann v. Paris Baguette America, Inc.

(United States Second Circuit) - Dismissal of a class-action suit alleging a willful violation of the Fair and Accurate Credit Transactions Act (FACTA) is affirmed because subsequent legislation clarified that receipts with credit card expiration dates do not raise a material risk of identity theft and no specific harm was alleged.




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Union of Medical Marijuana Patients v. City of San Diego

(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.




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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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Rozumalski v. W.F. Baird & Associates, Ltd

(United States Seventh Circuit) - Affirmed. The district court dismissal of a workplace harassment suit was affirmed because after harassment was reported the company swiftly investigated and fired the harasser. No evidence was presented to support allegations of harassment in the victim's subsequent dismissal.




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Fidelity National Financial, Inc. v. Friedman

(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.




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Humane Society of the US v. Perdue

(United States DC Circuit) - Vacated and remanded. A pork farmer's suit alleging that the government unlawfully permitted funds for promoting the pork industry to be used for lobbying instead lacked constitutional standing. There was no evidence of misuse of funds that resulted in an injury in fact.




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Double Eagle Energy Services v. MarkWest Utica EMG

(United States Fifth Circuit) - Vacated and remanded. Subject matter jurisdiction is determined when the federal court's jurisdiction is first invoked, so although subsequent changes eliminated the basis for jurisdiction the propriety at the time of filing supported the continuation of the case.




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Cobb v. Aramark Correctional Services

(United States Seventh Circuit) - Reversed and remanded. The act of handing a complaint to a prison official fulfilled the prison mailbox rule regarding the date of filing.




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Duthie v. Matria Healthcare, Inc.

(United States Seventh Circuit) - In a suit arising out of alleged fraud by officers of a corporation acquired by defendant, a preliminary injunction preventing defendant from proceeding with an arbitration hearing on the fraud claims is affirmed where the merger agreement between the two companies did not mandate arbitration of the types of claims defendant asserted against plaintiffs.




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Fed. Trade Comm'n v. Whole Foods Market, Inc.

(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)




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Glazer Capital Mgmt., LP v. Magistri

(United States Ninth Circuit) - Dismissal of a class action complaint alleging false statements contained in a merger agreement with a third party company is affirmed where the plaintiff has not pled facts that would either directly or indirectly give rise to a strong inference of scienter on the part of those officers responsible for making the false statements contained in the merger agreement.




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Crescent/Mach I Partners L.P. v. Dr. Pepper Bottling Co. of Texas

(Supreme Court of Delaware) - In a statutory appraisal action arising from an acquisition by merger, an order modifying the appraisal opinion is reversed where the dispute had become moot by operation of a settlement agreement, and the purported modification of the appraisal opinion therefore had no legal effect.




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Law Debenture Trust Co. v. Maverick Tube Corp.

(United States Second Circuit) - In an action for breach of contract, unjust enrichment, and tortious interference with contract based on defendant's refusal to allow certain of its noteholders to convert their notes to cash and stock following the acquisition of defendant, dismissal of the complaint is affirmed where, under the express terms of the indenture agreement, the acquirer was not a "Public Acquirer" because its securities that were traded on the New York Stock Exchange were not its ordinary shares.




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VRG Linhas Aereas S.A. v. MatlinPatterson Global Opportunities Partners II

(United States Second Circuit) - The district court's judgment denying the petition to confirm a Brazilian arbitral award is vacated and remanded, where the district court decided that the parties' dispute was beyond the scope of their arbitration agreement, without first determining whether the parties had agreed to an arbitration clause that clearly and unmistakably assigned to an arbitral panel, rather than to the court, any questions about the scope of their arbitration agreement.




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Baker v. Goldman, Sachs & Co.

(United States First Circuit) - In this case, plaintiff-software-company hired defendant-bank to assist it in finding an acquisition partner. The acquisition partner later was found to have fraudulently overstated its earnings, and bankruptcy ensued for the merged company, after which the present litigation followed, alleging various common-law claims including gross negligence, intentional and negligent misrepresentation, breach of fiduciary duty, and unfair or deceptive acts in violation of Mass. Ben. Laws ch. 93A. Judgment finding defendant not liable on all claims is affirmed, where: 1) defendant's conduct, even if sloppy and unforthcoming, was not unfair or deceptive, the factual findings are supported by the record, and the court correctly applied the ch. 93A legal standard to those findings; and 2) there were no other errors, and even if there were, those errors were harmless.




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North Valley Mall LLC v. Longs Drug Stores California LLC

(California Court of Appeal) - Affirmed summary judgment in favor of two drug store chains in a dispute with a shopping mall over common area maintenance fees. The case raised questions about real property rights and reverse triangular mergers.



  • M&A
  • Property Law & Real Estate

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Emotional Debris Release New Singles 'Hey Roman' & 'California Song'

Inspired By The Events Of Los Angeles Summer 1969 Emotional Debris Introduces 2 Catchy Rock Records In Line With Quentin Tarantino's New Epic 'Once Upon A Time In Hollywood'




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The Indie Spotify Bible - Contact Information For Over 3000 Spotify Playlists!

Each Playlist Is Categorized By GENRE So You Can Easily Contact The Curators




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MarilynMusic News September 2019

MarilynMusic Has Just Released 18 New Songs!




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WE BELONG: Marina V & Dan Navarro Release A Beautiful Rendition Of Pat Benatar's Hit

Award-winning Recording Artist MARINA V Teams Up With Legendary Singer/songwriter, DAN NAVARRO, For Their Artistic Rendition Of PAT BENATAR'S 1984 GRAMMY-nominated Hit, WE BELONG




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Xprnc Media Announces The 'Rise Above - ON TOUR' Marketing Program Empowering Artists To Directly Connect With Fans In-store At Media Retail

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




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In re US Office of Personnel Management Data Security Breach Litigation

(United States DC Circuit) - Revived claims that the U.S. Office of Personnel Management's woefully inadequate cybersecurity practices enabled hackers to steal personal data about millions of past and present federal employees. Reversed a dismissal in relevant part, in a lawsuit brought by labor unions and others arising out of a 2014 cyberattack.




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County of Sonoma v Gustely

(California Court of Appeal) - Affirmed as modified. Defendant failed to comply with an administrative order for various violations of county codes on his property. County filed suit and was awarded penalties, costs and attorney fees, but at a lower rate than amount ordered by administrative court. Appeals court modified assessment of penalties to the higher rate.




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Doe v. Mattis

(United States DC Circuit) - Affirming. Doe is a US citizen in the custody of the Department of Defense after his capture in Syria. He sought to prevent his transfer during the pendancy of a habeas corpus claim since this would place him outside of the court's jurisdiction. The court affirmed a district court injunction barring the government from transferring Doe to Country B, and the injunction requiring 72 hours notice before transfer to Country A.




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Electronic Privacy Information Center v. US Dept. of Commerce and Bureau of the Census

(United States DC Circuit) - Remanded for dismissal. The Electronic Privacy Information Center sued following a US Department of Commerce announcement that citizenship would be among the questions included in the 2020 census. EPIC sought to enjoin the question because they claim their members were entitled to a Privacy Impact Assessment. However, EPIC lacked standing to proceed with the suit.




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Stoetzl v. Dept. of Human Resources

(Supreme Court of California) - Reversed. Plaintiffs are state correctional employees who sought additional compensation for pre and postwork activities that include walking from outermost gate of prison to their work posts. The court divided Plaintiffs into two groups: union and non-union. The appeals court held that the non-union employees were entitled to overtime. The California Supreme Court held the union employees were not entitled to additional compensation because their collective bargaining agreement took that into account. And the non-union were not entitled because the walking time did not fit the definition of compensable work time under the Pay Scale Manual.




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Thomas v. Bryant

(United States Fifth Circuit) - Affirmed. The majority of a merits panel affirmed a district court judgment declaring a Mississippi redistricting plan as violative of the Voting Rights Act.




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Wal-Mart Stores, Inc. v. TX Alcohol

(United States Fifth Circuit) - Partially affirmed, remanded. A Texas ban on public corporations obtaining package store permits did not violate Equal Protection rights, but the district court erred in finding a discriminatory nature and burden imposed by the public corporation ban.




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Humane Society of the US v. Perdue

(United States DC Circuit) - Vacated and remanded. A pork farmer's suit alleging that the government unlawfully permitted funds for promoting the pork industry to be used for lobbying instead lacked constitutional standing. There was no evidence of misuse of funds that resulted in an injury in fact.




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Churchman v. Bay Area Rapid Transit Dist

(California Court of Appeal) - Affirmed. Plaintiff sued Defendant for a slip and fall accident in the BART station on the theory that the train operator owed a heightened duty of care under Civil Code section 2100. The trial court dismissed the action on the grounds that Defendant had no liability for accidents that did not occur on the train. The appeals court agreed also holding that section 2100 does not apply to minor commonplace hazards in a train station.




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Bayer Pharma AG v. Watson Laboratories, Inc.

(United States Federal Circuit) - In a patent infringement action, the district court's judgment for plaintiff Bayer is reversed where it clearly erred in determining that a skilled artisan would not have been motivated to create an oral disintegrating tablet version of an erectile dysfunction drug using specified sugar alcohols with the tablet formulated for immediate-release.




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Simmons v. Secretary of Health and Human Services

(United States Federal Circuit) - Affirming the denial of attorney fees and costs to a man who sued claiming that he developed Guillain-Barre Syndrome as the result of a flu vaccination because the Court of Federal Claims correctly concluded that there was no reasonable basis for the claim.




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T.H. v. Novartis Pharmaceuticals Corporation

(Supreme Court of California) - Affirming the Court of Appeals determination that the manufacturer of a name brand drug whose labeling directs the warnings provided on its generic bioequivalent's packaging owes a duty of reasonable care to the consumers of the generic drug and that the liability for potential negligence doesn't automatically terminate upon transfer of the company's rights in the name brand drug to a successor manufacturer.




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Merck Sharp and Dohme Corp. v. Amneal Pharmaceuticals LLC

(United States Federal Circuit) - Affirming the District Court's determination that a proposed generic nasal spray would not infringe the patents of a company manufacturing the Nasonex nasal product.




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US v. Millennium Pharmaceuticals

(United States Ninth Circuit) - Partly affirming, partly vacating, and remanding the district court dismissal of a False Claims Act action brought against three pharmaceutical companies in a case involving off-label drug use and kickbacks to doctors because claims were substantially similar to those that had already been publicly disclosed, vacating to determine whether the situation qualified for the original source exception.



  • Drugs & Biotech
  • Criminal Law & Procedure

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Marentette v. Abbott Laboratories, Inc.

(United States Second Circuit) - Affirming a district court decision holding that a putative class action suit that organic labeled baby formula included ingredients not permitted under the Organic Foods Production Act because their state law claims were preempted by the Act.




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Vanda Pharmaceuticals Inc. v. West Ward Pharmaceuticals

(United States Federal Circuit) - Affirming the decision of the district court holding, after a bench trial, that the asserted claims of a patent relating to the treatment of schizophrenia with iloperidone administered based on the genotype of the patient were infringed and not invalid.




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Sumitomo Dainippon Pharma Co. Ltd. v. Emcure Pharmaceuticals Ltd.

(United States Federal Circuit) - Affirming that a chemical compound that mirrored a patented chemical compound was encompassed by the description that only portrayed one of the arrangements in the claim.