(United States Ninth Circuit) - Revived a tech company's copyright infringement claims against a competitor. Held that claim preclusion did not bar the company from asserting copyright infringement claims that had accrued after its earlier patent infringement suit against the competitor.

FROM being unwanted by Australia due to visa issues, Ali Rizwan is now a much wanted member for the Sydney Thunder Nation Cup All-Stars and has even been invited to bowl to international teams at net practices.

MANLY United FC will host fixtures next season on Saturday nights and Sunday afternoons in a bid to attract bigger crowds.

(United States Third Circuit) - In this appeal considering whether defendant-prison-administrators are entitled to qualified immunity for an inmate's suicide, the district court's order denying summary judgment in favor of the plaintiffs is affirmed, where defendants are not entitled to qualified immunity from an Eighth Amendment claim that serious deficiencies in the provision of medical care by a private, third-party provider led to the inmate's suicide.

(California Court of Appeal) - Upheld a Veterinary Medical Board decision to take disciplinary action against a veterinarian for improperly treating four animal patients. Affirmed the denial of the veterinarian's petition for a writ of administrative mandate.

(United States Federal Circuit) - In a suit involving claims of indirect patent infringement and misappropriation of a trade secret: 1) the district court's denial of the defendant's motions for judgment as a matter of law of invalidity and noninfringement is reversed, where the jury lacked substantial evidence to find that another patent did not anticipate the claim; and 2) the district court's grant of judgment as a matter of law to the defendant on the plaintiff's trade secret claim is affirmed, where another patent publicly disclosed the alleged secret before the plaintiff communicated it to the defendant, and thus the jury's verdict of trade secret misappropriation was not supported by substantial evidence.

(United States Ninth Circuit) - In copyright infringement action brought by plaintiff, maker of Barbie dolls, against defendant, maker of Bratz dolls, judgment for defendant on counterclaim for trade secret misappropriation and awarding attorney fees for prevailing on copyright claim is: 1) reversed and remanded on defendant's counterclaim for trade secret misappropriation which did not rest on the same "aggregate core of facts" as plaintiff's claim, was thus, not compulsory; but 2) the district court did not abuse its discretion in awarding defendant fees and costs under the Copyright Act.

(United States Federal Circuit) - Summary judgment for defendant on plaintiff's state law business tort claims is vacated and remanded, where the district court lacked subject matter jurisdiction over plaintiffs' claims because: 1) defendant's allegedly inaccurate statements regarding its patent rights concerned conduct taking place entirely in Taiwan; 2) the use of a patented process outside the United States is not an act of patent infringement; and thus, 3) there is no prospect of a future U.S. infringement suit arising out of the Taiwan company's use of the parties' products in Taiwan, and accordingly no prospect of inconsistent judgments between state and federal courts.

(United States Fourth Circuit) - The district court did not abuse its discretion in staying plaintiffs' action seeking declaratory relief that it was not committing violations asserted by defendants in an earlier filed state law action, pending the resolution of the earlier parallel state lawsuit filed by defendants, where plaintiffs had every opportunity to procure a federal forum by removing defendants' first filed state suit rather than by bringing a separate federal action in an entirely separate federal district.

(United States Federal Circuit) - In a patent infringement action, arising after two manufacturers of ambient light sensors shared technical and financial information during negotiations for a possible merger, the jury verdict for plaintiff is affirmed in part, reversed in part, and vacated in part where: 1) defendant’s liability for trade secret misappropriation regarding a photodiode array structure is affirmed; 2) four patent infringement claims are reversed and four are affirmed; and 3) monetary damage awards are vacated and remanded for further consideration.

(United States Federal Circuit) - In a patent infringement action, arising after two manufacturers of ambient light sensors shared technical and financial information during negotiations for a possible merger, the appeals court affirmed in part, reversed in part, and vacated in part a jury verdict for plaintiff as follows: 1) defendant's liability for trade secret misappropriation regarding a photodiode array structure was affirmed; 2) several patent infringement claims were reversed and several were affirmed; and 3) monetary damage awards were vacated and remanded for further consideration.

(United States Fifth Circuit) - Held that a defendant was not entitled to prevailing party attorney fees under the federal Defend Trade Secrets Act, enacted in 2016, because the plaintiff's voluntary dismissal of the case without prejudice meant no one had prevailed here. Affirmed the denial of fees.

(United States Second Circuit) - Held that a medical device manufacturer did not violate the intellectual property rights of a company it hired to help automate its quality testing process. The issue involved reuse of computer source code. Affirmed a JMOL.

Australian hockey star Adam Imer will be pulling on the green-and-yellow of Brazil this August and is heading to the Olympic Games where his biggest challenge will be taking on the Aussies.

A MARINE Rescue vessel which sank on its maiden voyage on the Central Coast was a potential death trap for its crew and community members, an expert says.

(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.

(United States Second Circuit) - Held that the doctrine of laches barred a woman from seeking to recover a painting by Pablo Picasso hanging in New York City's Metropolitan Museum of Art. The painting once belonged to her ancestors, German Jews who fled the Nazi regime. Affirmed a dismissal based on undue delay in bringing the lawsuit.

(United States Seventh Circuit) - Affirmed. The district court's grant of summary judgment to defendants in a workplace injury case where the worker sued the manufacturer of a car crusher and the company it leased it to rather than his employer claiming defective design because his evidence did not comply with Federal Rule of Evidence 702.

(California Court of Appeal) - Affirmed. The trial court granted City's motion for summary judgment. Plaintiff sued City for injuries from tripping and falling over a defective sidewalk. The trial court ruled that the defect was trivial as a matter of law.

(United States Seventh Circuit) - Affirmed. A lawsuit arising from a terrible motorcycle accident that alleged defects in the tires and helmets involved failed because the plaintiffs didn't present admissible expert testimony to support their claims.

(United States DC Circuit) - Reversed and remanded. The district court's dismissal of a tort claim as time barred was in error because at the motion to dismiss stage dismissal for statute of limitations is only possible if the plaintiff's claims are conclusively time barred on the face of the complaint.

(United States Fifth Circuit) - Reversed. The substitution of the guardians of the children of a deceased man discovered a year after the filing of a wrongful death action by his mother was proper despite the substitution occurring after the statutory limitations period. The substitution relates back to the date of the initial complaint.

(California Court of Appeal) - Affirmed. Plaintiff was injured in a head-on traffic accident that he alleged was partially caused by a dangerous road condition. The jury found that a dangerous condition existed but it was not a reasonably foreseeable risk that this kind of incident would occur. The appeals court agreed and affirmed the judgment in favor of the Defendant.

(United States Supreme Court) - Vacating and remanding the Second Circuit's support of a motion to dismiss a complaint relating to allegations that Chinese sellers of Vitamin C were engaged in price and quantity fixing of exports to the US because although the Ministry of Commerce of the People's Republic of China averred that the alleged price fixing scheme was actually a pricing regime mandated by the Chinese Government the court was not bound to accord conclusive effect to the foreign government's statements. No law or regulation had been cited and a foreign nation's laws must be proven as facts.

(United States Fifth Circuit) - Held that a Houston law firm should be allowed to intervene in a lawsuit to protect its right to a contingent fee. The firm's client and the opposing party had allegedly conspired to cheat it out of its deserved attorney fee for work on a matter involving a foreign arbitral award. Remanded with directions to permit intervention and consider the law firm's claims on the merits.

(California Court of Appeal) - Affirmed. Plaintiff sought to enforce a judgment against Defendant in the Senior courts of England and Wales. The issue on appeal was the admissibility of a certain document. The appeals court determined that the document was rightly admitted by the trial court.

(United States Second Circuit) - Affirmed. The district court granted Defendants’ motion to dismiss for failure to state a claim. Plaintiffs failed to plausibly allege that the defendants knowingly aided or abetted November, 2005 attacks in Jordan.

(California Court of Appeal) - In an action in which plaintiff alleges that defendants aided and abetted a breach of fiduciary duty, the trial court's judgment for plaintiff and an order denying defendants' motion for judgment notwithstanding the verdict is 1) affirmed in part, where: (a) a defendant can be liable for aiding and abetting breach of fiduciary duty without owing the plaintiff a fiduciary duty; (b) the statute of limitations for aiding and abetting breach of fiduciary duty is three or four years depending whether the breach is fraudulent or non-fraudulent; (c) the restitutionary remedy of disgorgement is available for aiding and abetting breach of fiduciary duty; and (d) the measure of restitution for aiding and abetting breach of fiduciary duty is the net profit attributable to the wrong; but 2) reversed in part and remanded, where defendants are entitled to a new trial on the amount of defendants' unjust enrichment. (Opinion on Rehearing)

(United States Fourth Circuit) - Summary judgment in favor of defendants on plaintiff's claims that he was unlawfully terminated from his employment in retaliation for protected activity under the Sarbanes-Oxley Act of 2002 is affirmed, where plaintiff failed to sufficiently establish that his alleged protected activities were a contributing factor to his termination.

(United States Fourth Circuit) - In a class action brought on behalf of plaintiff and other participants in defendant-employer's 401(k) retirement savings plan alleging that defendant-employer breached its fiduciary duties under the Employee Retirement Income Security Act (ERISA) when it liquidated two funds held by the plan on an arbitrary timeline without conducting a thorough investigation, thereby causing a substantial loss to the plan, judgment for defendant is: 1) affirmed in part, where the district court properly concluded that defendant-employer breached its duty of procedural prudence and therefore bore the burden of proof as to causation; but 2) reversed in part and remanded, where the district court then failed to apply the correct legal standard in assessing defendant-employer's liability.

(California Court of Appeal) - In this action, plaintiff-shareholders of Sesame Technologies, Inc. allege that defendants colluded to secure a preferential sale of Sesame's assets and business to company ExtraView, thus violating their fiduciary duties to plaintiffs. Judgement in favor of defendants is reversed and remanded for a new trial limited to the issue of remedies, where: 1) the trial court erred in failing to craft an appropriate remedy; and 2) the trial court erred in failing to conduct its own in camera review of financial documents.

(United States Ninth Circuit) - In a shareholder derivative lawsuit alleging that casino resort board of director defendants breached their fiduciary duties, the District Court's dismissal under Fed. R. Civ. P. 23.1 is affirmed where: 1) diversity jurisdiction under 28 U.S.C. section 1332(a)(2) was improper because there were American citizens on both sides of the case; 2) the district court did not abuse its discretion in determining that the shareholders failed to comply with Rule 23.1 or state law governing demand futility; and 3) there was no reversible error if the district court considered materials extraneous to the complaint.

(California Court of Appeal) - In a corporate governance action, arising from plaintiff corporation's suit over the exercise of its right to repurchase shares of its stock, given to defendant under a stock incentive plan for outside directors on its board, the trial court's grant of summary judgment to defendant is: 1) reversed because plaintiff's conversion claim could be based on either ownership or the right to possession at the time of conversion; and 2) affirmed because plaintiff's fraud claims were not timely under either the discovery rule or relation back doctrine, and thus barred by the statute of limitations.

(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.

(California Court of Appeal) - Revived a lawsuit accusing a board member of a nonprofit organization of self-dealing and other misconduct. Held that the plaintiff, also a board member, had legal standing even though the board of directors subsequently removed her from the board. Reversed a dismissal.

(NY Supreme Court) - 2017–07383 (Index  12949/10) 12949/10

(NY Supreme Court) - 2019–09206 Index No. 604223/16

(NY Supreme Court) - 529952

(NY Supreme Court) - 528980