the

Jacoby & Meyers v. The Presiding Justices

(United States Second Circuit) - In a putative class action challenging on First Amendment grounds New York's rules, regulations, and statutes prohibiting non‐attorneys from investing in law firms, alleging that the infusions of additional capital which the regulations now prevent would enable plaintiffs to improve the quality of the legal services that they offer and at the same time to reduce their fees, expanding their ability to serve needy clients, the district court's dismissal of the complaint is affirmed where plaintiffs fail to allege the infringement of any cognizable constitutional right.




the

The Urban Wildlands Group v. City of Los Angeles

(California Court of Appeal) - In an environmental action, challenging defendant city's finding that a project was exempt from formal environmental review, the trial court's grant of mandatory relief to plaintiff under Code of Civil Procedure section 473(b) is reversed where: 1) such relief is limited to default, default judgments, and dismissal; and 2) the trial court's grant of judgment to defendant after plaintiff counsel failed to prepare and lodge the administrative record as stipulated does not fall within either category.




the

P. v. The North River Insurance Company

(California Court of Appeal) - Affirming the denial of a bail surety's motion to vacate the forfeiture of a bail bond in a case where a defendant charged with drug trafficking offenses fled the country and was barred from reentry on account of the pending charges because the trial court may not grant a motion to vacate the forfeiture on a ground not asserted and on evidence not presented until after the appearance period has expired.



  • Property Law & Real Estate
  • Civil Procedure
  • Ethics & Professional Responsibility

the

Medical Board of California v. The Superior Court of the City and County of San Francisco

(California Court of Appeal) - Granting a writ petition in the case of a doctor who contested the introduction of arrest records relating to his conviction for possession of cocaine in professional misconduct proceedings and the tension between the Penal Code section stating that successful completion of a diversion program should not be used in a way that could result in the loss of a license and the Business and Professions Code section stating that the successful completion of diversion does not prohibit the agency from taking disciplinary action, holding that the latter statute was controlling.




the

Magana v. The Superior Court of San Mateo County

(California Court of Appeal) - Denying a petition for writ of mandate or prohibition challenging a trial judge's refusal to disqualify himself and for the attorney's removal as defense counsel in a case where the defense attorney engaged in a series of procedural delays in his defense of a man charged with two counts of rape that the court eventually held was denying the victim, defendant, and government their right to a speedy trial because the court correctly found that his motion to disqualify was untimely and the trial court had the authority to remove defense counsel to ensure adequate representation is provided and to avoid the substantial impairment of court proceedings... a rarely exercised authority that was held to be appropriate in this instance.




the

Palin v. The New York Times Company

(United States Second Circuit) - Vacated and remanded. Palin appeals the dismissal of her defamation complaint against The New York Times for failure to state a claim. Finding the district court erred in relying on facts outside the proceedings, the case is remanded for further proceedings.




the

Apple Inc. v. The Superior Court of Santa Clara County

(California Court of Appeal) - Issuing a peremptory writ of mandate and vacating the superior court's refusal to apply the Braddock rule, requiring that the court assess demand futility as to the board in place when an amended complaint is filed in a corporate action, because the rule is consistent with relevant aspects of California law.




the

Duke v. The Superior Court of Kern County

(California Court of Appeal) - Granting a petition for writ of mandate and directing the superior court to modify an order sustaining real parties' demurrer to a plaintiff's cause of action and entering a new order overruling a portion of the demurrer because the lower court improperly analyzed the claim of conversion.




the

The Police Retirement System of St. Louis v. Page

(California Court of Appeal) - Affirming the grant of summary judgment to Google executives in a suit brought by three shareholders bringing derivative suits alleging the corporation was harmed by executives who agreed to refrain from actively recruiting employees working for competitors, an arrangement that had been previously abandoned when it gave rise to antitrust issues with the Department of Justice, because the claim was barred by the three-year statute of limitations.




the

Summers v. The Superior Court of San Francisco County

(California Court of Appeal) - Construing the appeal of a trial court order requiring a party whose ownership interests were contested to be a petition for writ of mandate and holding that partition statutes don't allow a court to order the manner of a property's partition before determining the ownership interests of the property at stake, reversing the court's order.




the

Wilson v. Southern California Edison Company

(California Court of Appeal) - Reversing the judgment and remanding the case of a woman whose home had a distressing electric charge, particularly in the shower, as the result of a power plant next door because the trial court erred in admitting irrelevant evidence relating to stray voltage incidents involving prior owners and tenants and that the admission of that evidence was prejudicial.




the

Int'l Brotherhood of Teamsters v. US Dept. of Transportation

(United States Ninth Circuit) - Denying petitions for review challenging the Federal Motor Carrier Safety Administration's authority to issue permits for US long-haul operations to Mexico-domiciled trucking companies.




the

The Container Store v. US

(United States Federal Circuit) - Reversing and remanding the final judgment of the United States Court of International Trade case granting summary judgment to the government because the subject modular storage unit imports were improperly classified as mountings and fittings rather than as parts of unit furniture.




the

WILLINGHAM v. DEPARTMENT OF THE NAVY

(US Federal Circuit) - 2019-2031




the

THE BEACON MUT. INS. CO. v. ONEBEACON INS.

(United States First Circuit) - The court reversed summary judgment in favor of defendants where a factfinder could have reasonably inferred that actual confusion injured the plaintiff's goodwill and business reputation, and no further showing of injury is necessary to survive summary judgment.




the

THE SCOTT FETZER CO. v. HOUSE OF VACUUMS, INC.

(United States Fifth Circuit) - In a trademark infringement case, summary judgment was granted to defendant as no reasonable jury could conclude that defendant misappropriated plaintiff's mark in any way, and the district court did not abuse its discretion in denying defendant's request for attorneys' fees.




the

Acorda Therapeutics, Inc. v. Roxane Laboratories, Inc.

(United States Federal Circuit) - Affirmed that a pharmaceutical company's patent claims in a multiple sclerosis drug were invalid for obviousness. Several competitors seeking to market a generic version of the same drug raised the issue of obviousness when the company sued them for infringement. In a 2-1 decision, the Federal Circuit affirmed that the patent claims in question were invalid.




the

Stonehill Capital Management v. Bank of the West

(Court of Appeals of New York) - In a contracts action arising from a dispute over the auction sale of a syndicated loan, the Appellate Division's grant of defendant's motion for summary judgment is reversed where the lack of a written sales agreement and plaintiffs' failure to submit a timely cash deposit were not conditions precedent to the formation of the parties' contract and do not render their agreement unenforceable.




the

Hardeman v. Wathen

(United States Seventh Circuit) - Affirmed. A correctional facility was not entitled to qualified immunity in a putative class action suit by pretrial detainees that were denied running water and claimed Fourteenth Amendment violations.




the

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.




the

National Collegiate Athletic Association v. Governor of the State of New Jersey

(United States Third Circuit) - In a case to determine whether SB 2460, which the New Jersey Legislature enacted in 2014 (2014 Law) to partially repeal certain prohibitions on sports gambling, violates federal law the district court's judgment that the 2014 Law violates the Professional and Amateur Sports Protection Act (PASPA), 28 U.S.C. sections 3701-3704, is affirmed where PASPA, but its terms, prohibits states from authorizing by law sports gambling, and the 2014 Law does exactly that.




the

National Collegiate Athletic Association v. Governor of the State of New Jersey

(United States Third Circuit) - In an appeal to determine where whether SB 2460, which the New Jersey Legislature enacted in 2014 to partially repeal certain prohibitions on sports gambling, violates federal law, the District Court's holding that the 2014 Law violates the Professional and Amateur Sports Protection Act (PASPA), 28 U.S.C. sections 3701-3704, is affirmed where PASPA by its terms, prohibits states from authorizing by law sports gambling, and the 2014 Law does exactly that.




the

Jackson v. Mayweather

(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.




the

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.




the

Prather v. Sprint Communications, Inc.

(United States Ninth Circuit) - In a False Claims Act suit brought the U.S. Government against Sprint Communications, the district court's order denying appellant's Fed. R. Civ. P. 24(a)(2) motion to intervene as of right is affirmed where: 1) although his appeal is not moot, he did not have a significantly protectable interest in the government's False Claims Act suit; and 2) his prior filing of a related, but jurisdictionally barred, qui tam action did not entitle him to any award under the False Claims Act.




the

Garco Const. Inc. v. Sec'y of the Army

(United States Federal Circuit) - In an appeal of a decision of the Armed Services Board of Contract Appeals denying plaintiff's damages claim arising out of its contract with the U.S. Army Corps of Engineers to build housing units on Malmstrom Air Force Base, the Board's decision is affirmed where there was no change to the base access policy that forced additional costs.




the

Lee's Ford Dock, Inc. v. Secretary of the Army

(United States Federal Circuit) - Affirming the grant of summary judgment for the Army and dismissing the private party's claims for contract reformation and breach of contract in the case of a marina on land leased from the Army that was rendered unusable for a period of time while the Army reduced the water level of a lake to repair a dam.




the

International Brotherhood of Teamsters, Local 848 v. City of Monterey Park (First Transit, Inc.)

(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.




the

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.




the

Trustees of the Suburban Teamsters v. The E Company

(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.




the

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.




the

Charity Scam - Further Information :

A response from Fang Wengen, the lawyer of Mrs Yang Huiyan




the

Government of the Province of Manitoba v. Bernhardt

(United States DC Circuit) - Held that the State of Missouri lacked legal standing to sue the federal government on behalf of its citizens to challenge a federal water supply project that will divert billions of gallons of Missouri River water. The issue involved so-called parens patriae standing. Affirmed a dismissal.




the

Stopthemillenniumhollywood.com v. City of Los Angeles

(California Court of Appeal) - Affirmed. Plaintiff challenged a trial court ruling that a proposed development failed to comply with the California Environmental Quality Act. The appeals court found that the trial court did not err in concluding that that the project failed to comply with the CEQA requirement of an accurate, stable, and finite project description.




the

Ventura Content, Ltd. v. Motherless, Inc.

(United States Ninth Circuit) - Affirming a district court summary judgment in favor of the defense and denying attorney fees in a copyright case involving a pornographer who alleged that infringing clips were stored and displayed on the defendant's website because the Digital Millennium Copyright Act provides a safe harbor for material stored by users without the knowledge or input of the owner, who expeditiously removed infringing material when notified and did not receive a financial benefit directly attributable to infringing activity they had the right and ability to control.




the

Close v. Sotheby's, Inc.

(United States Ninth Circuit) - Affirmed in relevant part, finding that federal copyright law largely preempts California's Resale Royalties Act, Cal. Civ. Code section 986, which grants artists a right to five percent of the proceeds on any resale of their artwork under specified circumstances.




the

U.S. v. U.S. District Court for the District of Oregon

(United States Ninth Circuit) - Denied the federal government's petition for mandamus to stop a lawsuit alleging that the government is ignoring the dangers of climate change. This lawsuit was brought by a number of children and young adults who accuse federal officials of violating their due process rights by failing to take action to address climate change. Having previously denied the government's first mandamus petition, the panel concluded that no new circumstances justify this second mandamus petition and the case is currently set for trial.




the

Southern California Gas Leak Cases

(Supreme Court of California) - Held that businesses may not recover compensation for purely economic losses suffered from mere proximity to an industrial accident (a massive, months-long leak from a natural gas storage facility). Negligence law did not provide them a remedy for income lost because of the leak, in this case where they alleged no property damage or personal injury.



  • Oil and Gas Law
  • Injury & Tort Law

the

Goethel v. US Dep't of Commerce

(United States First Circuit) - In a commercial action, brought by a commercial fisherman challenging various provisions of the Magnuson-Stevens Fishery Conservation and Management Act, the district court's grant of summary judgment to the government is affirmed where plaintiff's suit was not filed within the thirty-day statute of limitations.




the

Stopthemillenniumhollywood.com v. City of Los Angeles

(California Court of Appeal) - Affirmed. Plaintiff challenged a trial court ruling that a proposed development failed to comply with the California Environmental Quality Act. The appeals court found that the trial court did not err in concluding that that the project failed to comply with the CEQA requirement of an accurate, stable, and finite project description.




the

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.




the

Daley v. Regents of the Univ. of Cal.

(California Court of Appeal) - Reversed. Plaintiff appealed from judgment that dismissed her medical battery cause of action as time-barred. The appeals court held that the discovery rule applies to medical battery claims under Code of Civil Procedure section 335.1 as a matter of law.




the

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

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




the

PaTRAM Institute To Record Next CD In Saratov, Russia, Accompanied By The Wonderworking Kursk Root Icon Of The Mother Of God

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.




the

East Rutherford Metal Band Harvest Falls Debuts New Single And Charity Drive

NJ Rock Band Harvest Falls Debuts Video, Single, Charity Drive For New Song "MOMENT OF CONSEQUENCE"




the

ProgStock Festival, The American Northeast's Only Progressive Rock Music Festival, Returns To The Union County Performing Arts Center, Rahway, NJ, October 11-13, 2019

ProgStock Festival Was Founded To Give Artists And Fans In The Genre Of Progressive Rock A Place To Play




the

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




the

Between Vintage And Electronic: Speakeasy, The New Album By Luke & The Belleville Orchestra

Lemon Slice Records Has Released Speakeasy, The New Album By Luke & The Belleville, A Masterly Integration Between The Swing Of The 1930s And The Most Modern Rhythms And Sounds Of Electronic Music.




the

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.




the

Thee Aguila v. Century Law Group

(California Court of Appeal) - Affirmed trial court’s judgment and order denying Plaintiff’s motion for new trial. Defendants were tenants of a commercial property that was subject to eminent domain. When the court for the eminent domain action, awarded Defendants for their loss, Plaintiff filed suit to recover Defendant’s eminent domain award. The trial court held that when a business owner’s property is taken by eminent domain their compensation is separate and apart from property owners interests.