is Polish Club opens for UEFA Euro 2016 By www.dailytelegraph.com.au Published On :: Thu, 30 Jun 2016 04:51:00 GMT Hundreds of football fans are expected to descend on Ashfield on Friday morning, when Portugal take on Poland in the quarter-final of UEFA Euro 2016. Full Article
is Garry Young is a gun destined to excel By www.dailytelegraph.com.au Published On :: Sun, 10 Jul 2016 23:53:00 GMT Versatile athlete Garry Young may only be 10, but his love of sport has been a lifelong commitment. Full Article
is Max Fricker is a diver with a future By www.dailytelegraph.com.au Published On :: Wed, 13 Jul 2016 02:01:00 GMT Eleven-year-old Max Fricker is following in the footsteps of his big brother Sam, and making a name for himself as a diver with a real future. Full Article
is Ben Morrison is a Wanderers net-finder By www.dailytelegraph.com.au Published On :: Mon, 18 Jul 2016 00:15:00 GMT FINDING the net for the Wanderers fulfilled one of teenage soccer star Ben Morrison’s dreams — but he has higher goals in his sights. Full Article
is Kiebala v. Boris By feeds.findlaw.com Published On :: 2019-07-01T08:00:00+00:00 (United States Seventh Circuit) - Affirmed. The district court did not err in permitting a self represented defendant to amend his complaint to avoid dismissal or in holding that a libel complaint is barred by the statute of limitations in a lawsuit relating to a luxury auto timeshare scheme. Full Article Civil Procedure Injury & Tort Law
is Dennis Bargher v. Craig White, et al By feeds.findlaw.com Published On :: 2019-07-01T08:00:00+00:00 (United States Fifth Circuit) - Vacate and remand. Plaintiff, a prisoner, brought suit against prison official alleging that they arranged another inmate to attack him and stood by while he was severely injured. District court granted summary judgment with prejudice to Defendant for failure to exhaust administrative remedies. Appeals court found that Plaintiff had failed to exhaust administrative remedies, but the proper disposition was dismissal without prejudice. Full Article Civil Procedure Injury & Tort Law Administrative Law
is Hernandez v. Enterprise Rent-A-Car Co. By feeds.findlaw.com Published On :: 2019-07-08T08:00:00+00:00 (California Court of Appeal) - Affirmed. Plaintiff filed suit against Defendant for injuries sustained in an automobile accident. Plaintiff contended that Defendant was strictly liable for an alleged automobile defect that caused injury. The trial court granted summary judgment to Defendant stating that Plaintiff had failed to establish Defendant acquired successor liability for the alleged defect. Full Article Product Liability Civil Procedure Injury & Tort Law
is Chronis v. USA By feeds.findlaw.com Published On :: 2019-07-29T08:00:00+00:00 (United States Seventh Circuit) - Affirmed. In order for a tort claim to be brought against the US the plaintiff must first exhaust her administrative remedies by presenting her claim to the appropriate federal agencies and demand a sum certain in their claim. The plaintiff in this action failed to make such a demand and the district court properly dismissed the case. Full Article Administrative Law Civil Procedure Injury & Tort Law
is Voris v. Lampert By feeds.findlaw.com Published On :: 2019-08-15T08:00:00+00:00 (Supreme Court of California) - Affirmed. Plaintiff successfully brought an action against Defendant for contract-based and statutory remedies for nonpayment of wages. On appeal Plaintiff sought to hold Defendant personally liable under a theory of common law conversion. The appeals court held that such a conversion claim is not the appropriate remedy. Full Article Injury & Tort Law Labor & Employment Law Contracts
is Churchman v. Bay Area Rapid Transit Dist By feeds.findlaw.com Published On :: 2019-08-28T08:00:00+00:00 (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. Full Article Government Law Injury & Tort Law Public Utilities
is Sea Breeze Salt, Inc. v. Mitsubishi Corp. By feeds.findlaw.com Published On :: 2018-08-15T08:00:00+00:00 (United States Ninth Circuit) - Held that an antitrust lawsuit was barred by the act-of-state doctrine. The plaintiff corporations alleged that a Mexican-government-owned salt production company engaged in an antitrust conspiracy with a Japanese company. Affirming dismissal of the complaint, the Ninth Circuit held that the lawsuit was fundamentally a challenge to Mexico's determination about the exploitation of its own natural resources and thus was barred by the act-of-state doctrine, which precludes adjudication of the sovereign acts of other nations in U.S. courts. Full Article Antitrust & Trade Regulation International Law International Trade
is Sigvaris, Inc. v. US By feeds.findlaw.com Published On :: 2018-08-16T08:00:00+00:00 (United States Federal Circuit) - Affirmed a judgment of the US Court of International Trade (ITC) which had found that the certain merchandise involving compression hosiery was not duty free. On appeal, the Federal Circuit held that the analysis of the ITC was incorrect, but the correct result was ultimately reached. Full Article International Law International Trade
is Castro v. Tri Marine Fish Co. LLC By feeds.findlaw.com Published On :: 2019-02-27T08:00:00+00:00 (United States Ninth Circuit) - Held that an order issued by an arbitrator in the Philippines was not an arbitral award entitled to enforcement under a United Nations convention on recognition of foreign arbitral awards, based on the particular circumstances here. Reversed and remanded, in this case involving a fishing vessel crew member's personal injury claim. Full Article International Law Dispute Resolution & Arbitration Admiralty
is Lewis v. Mutond By feeds.findlaw.com Published On :: 2019-03-12T08:00:00+00:00 (United States DC Circuit) - Revived an American citizen's claim seeking damages from two foreign officials of the Democratic Republic of the Congo who allegedly subjected him to torture. Held that the Congolese officials did not qualify for foreign official immunity under the common law. Vacated a dismissal, in this lawsuit brought under the federal Torture Victim Protection Act. Full Article International Law Injury & Tort Law
is Republic of Sudan v. Harrison By feeds.findlaw.com Published On :: 2019-03-26T08:00:00+00:00 (United States Supreme Court) - Addressed a question concerning a method of serving civil process on a foreign state. The Republic of Sudan argued that a mailing must be sent directly to the foreign minister's office in the foreign state, not to the foreign state's U.S. embassy. The U.S. Supreme Court agreed with Sudan's argument in an 8-1 decision. Justice Alito delivered the Court's opinion, in this case arising out of the 2000 bombing of the Navy vessel USS Cole. Full Article International Law Civil Procedure
is Eliahu v. Jewish Agency for Israel By feeds.findlaw.com Published On :: 2019-03-27T08:00:00+00:00 (United States Second Circuit) - Held that four divorced men could not proceed with their lawsuit accusing Israeli government officials and others of misconduct in connection with their divorce proceedings and child support orders. Affirmed a dismissal based partly on lack of subject matter jurisdiction and partly on failure to state a claim. Full Article International Law Family Law
is Maalouf v. Islamic Republic of Iran By feeds.findlaw.com Published On :: 2019-05-10T08:00:00+00:00 (United States DC Circuit) - Held that the district court should not have sua sponte raised a statute of limitations defense to defeat a terrorism lawsuit against the Islamic Republic of Iran, which had failed to make an appearance in the case. The suit alleged that Iran was involved in terrorist bombings in the 1980s and 1990s that killed or injured the plaintiffs' family members. Vacated a dismissal. Full Article Military Law International Law
is Havlish v. 650 Fifth Ave. Co. By feeds.findlaw.com Published On :: 2019-08-09T08:00:00+00:00 (California Court of Appeal) - Affirmed in part, reversed in part, vacated in part and remanded for new trial. The district court: (1) violated a previous decision instructing it not to send Foreign Sovereign Immunities Act claims to trial, (2) abused its discretion by precluding two of defendant’s witnesses from testifying. Full Article International Law Civil Procedure
is Meister v. Mensinger By feeds.findlaw.com Published On :: 2014-10-07T08:00:00+00:00 (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. Full Article Contracts Corp. Governance Corporation & Enterprise Law Ethics & Professional Responsibility Remedies
is Louisiana Municipal Police Employees' Retirement Sys. v. Wynn By feeds.findlaw.com Published On :: 2016-07-18T08:00:00+00:00 (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. Full Article Gaming Law Corporation & Enterprise Law Corp. Governance
is Trikona Advisers Limited v. Chugh By feeds.findlaw.com Published On :: 2017-01-18T08:00:00+00:00 (United States Second Circuit) - In a complaint alleging breach of fiduciary duty by defendant, a former partner and fifty percent owner of plaintiff corporation, the district court's grant of summary judgment to defendants is affirmed over plaintiff's meritless arguments that: 1) the district court incorrectly applied the doctrine of collateral estoppel; and 2) Chapter 15 of the United States Bankruptcy Code prevents the district court from giving preclusive effect to the Cayman court's factual findings. Full Article Bankruptcy Law Injury & Tort Law Corporation & Enterprise Law Corp. Governance
is Trikona Advisers Limited v. Chugh By feeds.findlaw.com Published On :: 2017-01-18T08:00:00+00:00 (California Court of Appeal) - In a complaint alleging breach of fiduciary duty by defendant, a former partner and fifty percent owner of plaintiff corporation, the district court's grant of summary judgment to defendants is affirmed over plaintiff's meritless arguments that: 1) the district court incorrectly applied the doctrine of collateral estoppel; and 2) Chapter 15 of the United States Bankruptcy Code prevents the district court from giving preclusive effect to the Cayman court's factual findings. Full Article Corporation & Enterprise Law Corp. Governance Bankruptcy Law Injury & Tort Law
is Stein v. AXIS Ins. Co. By feeds.findlaw.com Published On :: 2017-04-06T08:00:00+00:00 (California Court of Appeal) - In an action against two insurance companies, brought by a plaintiff-insured who was denied coverage under a D&O policy because he was convicted of securities fraud, the trial court's judgment sustaining defendants' demurrer and dismissing the complaint is: 1) affirmed in part where the AXIS demurrer was properly sustained because AXIS was a stranger to the HCC policy and owed no duties connected with it; but 2) reversed in part where the HCC demurrer was improperly sustained because when a policy expressly provides coverage for litigation expenses on appeal, an exclusion requiring repayment to the insurer upon a 'final determination' of the insured's culpability applies only after the insured's direct appeals have been exhausted. Full Article Corporation & Enterprise Law Corp. Governance Contracts
is The Police Retirement System of St. Louis v. Page By feeds.findlaw.com Published On :: 2018-04-16T08:00:00+00:00 (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. Full Article Civil Procedure Cyberspace Law Labor & Employment Law Corp. Governance Corporation & Enterprise Law
is Slone v. Commissioner of Internal Revenue By feeds.findlaw.com Published On :: 2018-07-24T08:00:00+00:00 (United States Ninth Circuit) - Held that shareholders were liable for taxes on proceeds from the sale of a close corporation. The Internal Revenue Service sued the shareholders, claiming they violated Arizona's Uniform Fraudulent Transfer Act by engaging in a complex series of stock and asset transactions that resulted in creating a debtor company unable to pay the tax bill. Agreeing with the IRS's position, the Ninth Circuit reversed a decision of the Tax Court and remanded with instructions to enter judgment in favor of the IRS. Full Article Corporation & Enterprise Law Tax Law Corp. Governance
is JPMorgan Chase Bank, National Association, respondent, v. Elida Nellis, appellant, et al., defendants. (Appeal No. 1) By feeds.findlaw.com Published On :: -May 6, 2020-T08:00:00+00:00 (NY Supreme Court) - 2017–04429 2018–04808 Index No. 4054/13 Full Article
is Christopher Sacco, respondent, v. Reel–O–Matic, Inc., et al., defendants, Go Industries, Inc., appellant. By feeds.findlaw.com Published On :: -May 6, 2020-T08:00:00+00:00 (NY Supreme Court) - 2018–11536 (Index No. 51923/17) Full Article
is Morris v. California Physicians' Service By feeds.findlaw.com Published On :: 2019-03-18T08:00:00+00:00 (United States Ninth Circuit) - Held that a health insurance company did not violate the Affordable Care Act's Medical Loss Ratio provision, which requires an insurer to pay a rebate to enrollees if it uses less than 80 percent of the revenue it takes in to pay medical claims. Affirmed a dismissal, in this proposed class action lawsuit brought by health insurance enrollees. Full Article Health Law Insurance Law
is Encompass Office Solutions, Inc. v. Louisiana Health Service and Indemnity Co. By feeds.findlaw.com Published On :: 2019-03-19T08:00:00+00:00 (United States Fifth Circuit) - Affirmed a judgment in favor of a medical supplier in its lawsuit against a health insurance company that refused to pay for covered services. The supplier, which provides equipment and staffing to doctors who perform surgery in their own offices, prevailed in a jury trial. Full Article Health Law Insurance Law
is Emmis Communications Corporation v. Illinois National Insurance Company By feeds.findlaw.com Published On :: 2019-07-02T08:00:00+00:00 (United States Seventh Circuit) - Reversed and remanded. The district court's entry of summary judgment for a company on a claim of breach of contract against an insurer was overturned because of the court's interpretation of the clause "as reported" to mean a report had been made, rather than referencing events that had already occurred at the time of the drafting. Full Article Insurance Law Contracts
is Griggs v. Chickasaw County, Mississippi By feeds.findlaw.com Published On :: 2019-07-18T08:00:00+00:00 (United States Fifth Circuit) - Affirmed. The trial court's determination that the County Board of Supervisors' elimination of a longtime county Solid Waste Enforcement Officer's position was retaliation was upheld. The employee was running for sheriff as an Independent and the Board preferred Democrats. Full Article Labor & Employment Law Civil Procedure Constitutional Law
is Southern Hens, Inc. v. Occupational Safety and Health Review Commission By feeds.findlaw.com Published On :: 2019-07-18T08:00:00+00:00 (United States Fifth Circuit) - Petition denied. A company's petition for review of an administrative law judge's finding of violations and imposition of a monetary penalty against a poultry processing plant following a worker injury was upheld. Full Article Civil Procedure Labor & Employment Law Administrative Law
is District No. 1 Pacific Coast v. Liberty Maritime Corp. By feeds.findlaw.com Published On :: 2019-08-09T08:00:00+00:00 (United States DC Circuit) - Reversed and remanded. The district court had jurisdiction over a Labor Management Relations Act Claim relating to a maritime labor union because the act provides federal jurisdiction over suits for violation of contracts between employers and labor organizations. Full Article Civil Procedure Labor & Employment Law
is Naumovski v. Norris By feeds.findlaw.com Published On :: 2019-08-12T08:00:00+00:00 (United States Second Circuit) - Reversed and remanded. Defendants claimed they were erroneously denied qualified immunity in a discrimination suit brought by a former employee. Because the District court conflated the standards under Title VII and Section 1983, the court reversed, entered judgment for the defendants, and remanded. Full Article Civil Rights Labor & Employment Law
is Voris v. Lampert By feeds.findlaw.com Published On :: 2019-08-15T08:00:00+00:00 (Supreme Court of California) - Affirmed. Plaintiff successfully brought an action against Defendant for contract-based and statutory remedies for nonpayment of wages. On appeal Plaintiff sought to hold Defendant personally liable under a theory of common law conversion. The appeals court held that such a conversion claim is not the appropriate remedy. Full Article Injury & Tort Law Labor & Employment Law Contracts
is Harville v. City of Houston, Mississippi By feeds.findlaw.com Published On :: 2019-08-16T08:00:00+00:00 (United States Fifth Circuit) - Affirmed. The court affirmed the dismissal of a suit claiming race discrimination and retaliation under Title VII in the firing of a deputy clerk of a city that was part of a group of layoffs intended to offset a budget shortfall. The plaintiff failed to present a genuine issue of material fact that her race was the motivating factor in her termination or that there was a causal connection between an EEOC complaint and the termination. Full Article Civil Rights Civil Procedure Labor & Employment Law
is Smith v. Illinois Department of Transp. By feeds.findlaw.com Published On :: 2019-08-21T08:00:00+00:00 (United States Seventh Circuit) - Affirmed. Plaintiff sued alleging a hostile work environment and retaliatory firing. The trial court granted summary judgment to the Defendant. The appeals court found that Plaintiff was discharged during a probationary period and that he lacks evidence to take the matter to a jury. Full Article Civil Rights Labor & Employment Law
is Paradise Irrigation District v. Commission on State Mandates By feeds.findlaw.com Published On :: 2018-10-01T08:00:00+00:00 (California Court of Appeal) - Held that local water districts were not entitled to be reimbursed by the state for the cost of complying with unfunded state mandates to improve water service. The water districts argued that reimbursement was necessary because the passage of Proposition 218 had limited their authority to levy fees. Disagreeing, the California Third Appellate District concluded that their authority to levy fees had not changed. The panel affirmed the trial court. Full Article Tax Law Water Law
is Exelon Corp. v. Commissioner of Internal Revenue By feeds.findlaw.com Published On :: 2018-10-03T08:00:00+00:00 (United States Seventh Circuit) - Affirmed the U.S. Tax Court's ruling that an energy company was liable for a deficiency of more than $400 million for certain previous tax years, and also for $87 million in accuracy-related penalties. Full Article Tax Law
is Glovis America, Inc. v. County of Ventura By feeds.findlaw.com Published On :: 2018-10-10T08:00:00+00:00 (California Court of Appeal) - Held that a vehicle inspection company that leased land from the U.S. Navy failed to demonstrate that county tax authorities overvalued its leasehold interest by assuming that the lease would be extended beyond its original term. Affirmed the dismissal of the taxpayer's suit seeking a tax refund. Full Article Property Law & Real Estate Military Law Tax Law
is Perry v. Coles County, Illinois By feeds.findlaw.com Published On :: 2018-10-11T08:00:00+00:00 (United States Seventh Circuit) - Affirmed the dismissal of taxpayers' suit alleging that a county government imposed a disproportionate tax on commercial and industrial properties in one particular township as opposed to similar types of properties elsewhere in the county. Held that the district court appropriately abstained from hearing this Equal Protection Clause suit under the comity doctrine. Full Article Tax Law Constitutional Law
is MCI Communications Services, Inc. v. California Department of Tax and Fee Administration By feeds.findlaw.com Published On :: 2018-10-24T08:00:00+00:00 (California Court of Appeal) - Affirmed the dismissal of a telecommunication company's lawsuit seeking a refund of California sales and use taxes. Held that the tax exclusion for telephone lines does not extend to pre-installation component parts that may one day be incorporated into completed telephone systems. Full Article Tax Law Communications Law
is Tricarichi v. Commissioner of Internal Revenue By feeds.findlaw.com Published On :: 2018-11-13T08:00:00+00:00 (United States Ninth Circuit) - Affirming a U.S. Tax Court decision, held that the former sole shareholder of a company that received a $65 million litigation settlement was liable for the taxes, and in particular the pre-notice interest component, despite having entered into a tax-shelter transaction. Full Article Tax Law
is Rogers v. Commissioner of Internal Revenue By feeds.findlaw.com Published On :: 2018-11-19T08:00:00+00:00 (United States Seventh Circuit) - Affirmed the Tax Court's finding that a woman did not qualify for innocent spouse relief, in a case involving a married couple's deficient joint federal income tax return. Full Article Tax Law
is Benenson v. Commissioner of Internal Revenue By feeds.findlaw.com Published On :: 2018-12-14T08:00:00+00:00 (United States Second Circuit) - Held that a husband and wife were not liable for a 2008 tax deficiency. The IRS had applied the substance‐over‐form doctrine to recharacterize various lawful tax‐avoiding transactions as tax‐generating events for the taxpayers, their adult sons, a family trust, and a family‐controlled corporation. Reversed the tax court. Full Article Tax Law
is SummerHill Winchester LLC v. Campbell Union School District By feeds.findlaw.com Published On :: 2018-12-20T08:00:00+00:00 (California Court of Appeal) - Affirmed that a school district failed to take the proper steps to enact a fee on new residential development within the district to fund the construction of school facilities. Held that the fee study did not contain the data required to properly calculate a development fee. Full Article Education Law Tax Law Construction
is Sugarloaf Fund, LLC v. Commissioner of Internal Revenue By feeds.findlaw.com Published On :: 2018-12-21T08:00:00+00:00 (United States Seventh Circuit) - Held that a tax shelter reflected an abusive sham. Affirmed the Tax Court's judgment and imposition of penalties. Full Article Tax Law
is Dondlinger v. Los Angeles County Regional Park and Open Space District By feeds.findlaw.com Published On :: 2019-01-31T08:00:00+00:00 (California Court of Appeal) - Held that a taxpayer could not proceed with a lawsuit seeking to invalidate a voter-approved special property tax imposed by Los Angeles County. Affirmed a judgment on the pleadings. Full Article Tax Law
is Dieringer v. Commissioner of Internal Revenue By feeds.findlaw.com Published On :: 2019-03-12T08:00:00+00:00 (United States Ninth Circuit) - Affirmed the Tax Court's decision that a decedent's estate had overstated the amount of a charitable deduction and thus received a large tax windfall. Also affirmed the imposition of an accuracy-related penalty. Full Article Tax Law Probate Trusts & Estates
is Borenstein v. Commissioner of Internal Revenue By feeds.findlaw.com Published On :: 2019-04-02T08:00:00+00:00 (United States Second Circuit) - Held that the U.S. Tax Court could order a refund of a taxpayer's income tax overpayment. The Tax Court had concluded that it lacked jurisdiction under the particular circumstances here, even though all parties agreed that the taxpayer had overpaid. Disagreeing, the Second Circuit reversed and remanded, characterizing the issue as one of first impression in any court. Full Article Tax Law