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Texas Tech Physicians Associates v. US Department of Health and Human Services

(United States Fifth Circuit) - Held that a university-affiliated medical practice must return $8 million to the federal agency that administers Medicare. The medical practice's test of a new care management model (a Medicare demonstration project) did not achieve the expected cost savings. Upheld an administrative order.




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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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In Re: Devan Dennis and Tyeane Halbert

(United States Seventh Circuit) - Affirmed. The Illinois Child Care Assistance Program could not collect overpayments made to debtors under the Supplemental Nutrition Assistance Program who filed for bankruptcy.




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Robles v. Employment Development Dept

(California Court of Appeal) - Affirmed in part, reversed in part, and remanded. Plaintiff sued for the wrongful denial of unemployment benefits. On appeal, Plaintiff was granted unemployment benefits. On this, Plaintiff's third appeal over this controversy, the appeals court affirmed the award of attorney’s fees, but reversed and remanded because the trial court improperly limited the scope of the fees.




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Paypal Phishing Scam - Attention! Your PayPal Account Could Be Suspended!

Phishing scammers need a little help scamming you!




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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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General Malware Spam - PURCHASE ORDER ENQUIRY..PLEASE CONFIRM

An unknown purchase order inquiry from Captain Fabri. You can smell the virus a mile away.




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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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High Priority Package Delivery Scam - Delivery Notification

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




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Standard Bank Phishing Scam - Debit Order Authorization

A Liberty Life Debit Order Authorization from Microsoft, via Standard Bank. This is enough to make anyone confused. Clearly these phishing scammers did not think this one through.




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Parcel Delivery Malware Spam - DHL delivery failure report

Malware delivered via a link in a fake DHL Notification e-mail.




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Malware Spam - UPS Delivery Notification Tracking Number:APHQUV26F29IG4UFOZ

Malware delivered through fake UPS tracking page, attached as an HTML file.




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Amazon.com Malware Spam - Order report

A fake Amazon order report, with a touch of false anti-virus peace of mind...




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General Malware Spam - Homicide Suspect

From payroll to fax to a homicide suspect. Where do these spammers get their inspiration from?




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Stock Market Spam - Our Opening Bell Breakout Pick Is Inside (IRMGF)

IRMGF (Inspiration Mining Corporation) pump and dump stock spam




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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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WildEarth Guardians v. Provencio

(United States Ninth Circuit) - Held that environmental advocacy groups could not proceed with their challenge to the U.S. Forest Service's decision to permit the limited use of motor vehicles off-road in a national forest in Arizona for certain purposes. Affirmed summary judgment against the environmental groups' claims.




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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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Sustainability, Parks, Recycling and Wildlife Defense Fund v. Department of Resources Recycling and Recovery

(California Court of Appeal) - Rejected an environmental group's challenge to the issuance of a revised permit for a landfill. Affirmed the denial of writ relief.




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Oregon Natural Desert Association v. Rose

(United States Ninth Circuit) - Addressed an environmental group's challenge to the Bureau of Land Management's decisions about the route network for motorized vehicles on certain lands. Affirmed in part and reversed in part.




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WildEarth Guardians v. Provencio

(United States Ninth Circuit) - In an amended opinion, held that environmental advocacy groups could not proceed with their challenge to the U.S. Forest Service's decision to permit limited motorized big game retrieval in a national forest in Arizona. Affirmed summary judgment against the environmental groups' claims.




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Center for Biological Diversity v. California Department of Conservation

(California Court of Appeal) - Rejected an environmental advocacy group's challenge to an environmental impact report prepared by the California Department of Conservation addressing the effects of hydraulic fracturing and other well stimulation treatments. Affirmed the denial of writ relief.




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In re Deepwater Horizon

(United States Fifth Circuit) - In a case involving the Deepwater Horizon Class Action Settlement Agreement, held that the district court erred in analyzing certain business claims for economic loss. The issue had to do with the process of matching revenues and expenses. Reversed and remanded.




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Allegheny Defense Project v. FERC

(United States DC Circuit) - Denied. A petition by environmental associations whose members live and work in areas affected by the Atlantic Sunrise Project allowing natural gas pipeline expansion was denied because challenges to the Federal Energy Regulatory Commission couldn't submit the deferential standard of review of their determinations and due to binding circuit precedent.




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Barclay Hollander Corp. v. Cal. Regional Water Quality Control

(California Court of Appeal) - Affirmed the judgment upholding the Defendant, Water Board’s, determination that Plaintiff was jointly and severally responsible for the cleanup and abatement of petroleum residue or waste. Plaintiff sought a reversal of order denying petition to overturn that determination.




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Folkens v. Wyland Worldwide, LLC

(United States Ninth Circuit) - Affirming the district court's summary judgment to the defense in a Copyright Act infringement case centered on a pen and ink depiction of two dolphins whose creator claimed a painting of two dolphins was copied because the panel found that the idea was simply drawn from nature and that expressing ideas that nature has already expressed for all cannot result in copyright.




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Great Minds v. FedEx Office and Print Services, Inc.

(United States Second Circuit) - Affirming a district court judgment dismissing a copyright infringement suit brought by a producer of educational materials against FedEx for their duplication of the products on behalf of school districts, whose use was licensed as noncommercial, because the distinction between their use and FedEx's facilitation of their use should have been explicitly laid out in the license they gave the schools.




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Experian Information Solutions v. Nationwide Marketing Ser.

(United States Ninth Circuit) - Affirmed in part and reversed in part the summary judgment in favor of defendant in a copyright case. Plaintiff compiled a listing of individual consumer names with their addresses and sought copyright protection. The District Court found in favor of the defendant and against the copyright claims. The 9th Circuit held that the compilation of names and addresses is copyrightable, but plaintiff had failed to establish that its copyright had been infringed. Affirmed as to the infringement claim for the defendant, but reversed as to the state law trade secret claim.




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More Ozzy TV- Arctic Monkeys 'Four Out Of Five' Video, Muse Concert Film Preview, Cliff Burton Documentary, Sevendust, Free Volbeat Show and more

More Ozzy TV- Arctic Monkeys 'Four Out Of Five' Video, Muse Concert Film Preview, Cliff Burton Documentary, Sevendust, Free Volbeat Show and more




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Arandell Corp. v. CenterPoint Energy Services, Inc.

(United States Ninth Circuit) - Reinstated an antitrust claim against a wholly owned natural gas subsidiary that said it had no knowledge of its parent company's alleged price-fixing scheme that had pumped up the price of gas. The subsidiary argued that it could not be held liable for violating Wisconsin antitrust law because it was not involved in anything unlawful that its parent company may have done. Unpersuaded, the Ninth Circuit emphasized that a parent and a wholly owned subsidiary always act as a single enterprise whenever they engage in coordinated activity, and thus reversed the grant of summary judgment to the subsidiary.



  • Oil and Gas Law
  • Antitrust & Trade Regulation

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Center for Biological Diversity v. Department of Conservation

(California Court of Appeal) - Affirmed that an environmental group was not entitled to a writ of mandate directing the California Department of Conservation to order the immediate closure of oil and gas wells injecting fluids into certain underground aquifers. The environmental group argued that the department had violated its duty under the federal Safe Drinking Water Act to protect the aquifers. Unpersuaded, the First Appellate District held that the trial court properly denied the petition for a writ of mandate.




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Delaware Riverkeeper Network v. Pennsylvania Department of Environmental Protection

(United States Third Circuit) - Denied a petition for review of a Pennsylvania state regulators' decision to grant a Clean Water Act certification to a natural gas pipeline project. An environmental organization raised various procedural and substantive arguments against the environmental regulators' issuance of a water quality certification. On judicial review, the Third Circuit held that the environmentalists' challenge failed on the merits. Prior to reaching the merits, the panel discussed in detail questions regarding its jurisdiction under the Natural Gas Act.




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Township of Bordentown v. FERC

(United States Third Circuit) - Rejected challenges to a natural gas pipeline project but remanded on one issue. Local governments and an environmental organization argued that the Federal Energy Regulatory Commission acted arbitrarily and capriciously in approving a proposed interstate pipeline expansion, but the Third Circuit rejected this argument. However, on a separate issue, the panel remanded to the New Jersey Department of Environmental Protection with instructions to reconsider the petitioners' request for an adjudicatory hearing.




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In re Deepwater Horizon

(United States Fifth Circuit) - In a case related to the Deepwater Horizon oil spill, affirmed the dismissal of claims brought by individuals and associations located in Mexico that relied on the fishing industry as a primary source of income, citing noncompliance with certain procedures ordered by the district court.




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Washington State Dept. of Licensing v. Cougar Den, Inc.

(United States Supreme Court) - This case involved the State of Washington's tax on fuel importers who travel by public highway. The Yakama Nation contended that its 1855 treaty with the United States forbids that tax from being imposed upon fuel importers who are tribal members. The U.S. Supreme Court agreed with the tribe. Justice Breyer's plurality opinion was joined by only two other justices. Justices Gorsuch and Ginsburg concurred in the judgment.




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Eni US Operating Co., Inc. v. Transocean Offshore Deepwater Drilling, Inc

(United States Fifth Circuit) - In a contractual dispute between two companies in the oil-drilling business, vacated a bench trial judgment, in part. The contract related to exploratory drilling for offshore oil.




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Center for Biological Diversity v. California Department of Conservation

(California Court of Appeal) - Rejected an environmental advocacy group's challenge to an environmental impact report prepared by the California Department of Conservation addressing the effects of hydraulic fracturing and other well stimulation treatments. Affirmed the denial of writ relief.




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In re Deepwater Horizon

(United States Fifth Circuit) - In a case involving the Deepwater Horizon Class Action Settlement Agreement, held that the district court erred in analyzing certain business claims for economic loss. The issue had to do with the process of matching revenues and expenses. Reversed and remanded.




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Apache Deepwater L.L.C. v. W & T Offshore, Inc.

(United States Fifth Circuit) - Affirmed. The jury award of more than $43 mil. for the breach of a Joint Operating Agreement relating to the plugging and abandonment operation of offshore oil and gas wells in the Gulf of Mexico was affirmed because the application of Louisiana Civil Code and interpretation of the contract was appropriate. No bad faith offset entitlement was found.




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Allegheny Defense Project v. FERC

(United States DC Circuit) - Denied. A petition by environmental associations whose members live and work in areas affected by the Atlantic Sunrise Project allowing natural gas pipeline expansion was denied because challenges to the Federal Energy Regulatory Commission couldn't submit the deferential standard of review of their determinations and due to binding circuit precedent.




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Alamo Recycling v. Anheuser Busch Inbev Worldwide

(California Court of Appeal) - In a suit brought by operators of recycling centers where beverage containers sold in California may be redeemed for their California Redemption Value, against companies that sell or distribute beverages containers in California, contending that defendants knowingly and "falsely" label beverage containers sold both inside and outside California with "CA CRV," "California Redemption Value," or similar labels when, in fact, under California law, only containers purchased inside California may be redeemed in California, and alleging common law tort claims against defendants for fraud, negligent misrepresentation, strict products liability, interference with prospective economic advantage and business relations, and breach of express warranty, the trial court's judgment of dismissal is affirmed where the injunctive and compensatory relief plaintiffs seek cannot be awarded by a California court because it would violate the "dormant" commerce clause of the federal Constitution.




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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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Federal Home Loan Bank of Bost v. Moody's Corp.

(United States First Circuit) - In a case arising out of the near-collapse of the mortgage-backed securities market, alleges that various rating agencies falsely gave out triple-A ratings to mortgage-backed securities they knew were far riskier than indicated by their pristine ratings, the District Court's dismissal of plaintiff's claims on jurisdictional grounds is reversed where it erred in finding that it lacks statutory power to transfer this action to another federal court in which personal jurisdiction over certain defending parties may be met.




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In re: Nickelodeon Cons. Privacy Litig.

(United States Third Circuit) - In a consolidated multi-district class action against Google and Viacom raising concerns over online privacy, the district court's dismissal of most of plaintiffs' claims are affirmed in part and reversed in part. The court held that: 1) The Video Privacy Protection Act permits plaintiffs to sue a person who discloses, not who receives, information related to viewers' consumption of video-related services; 2) plaintiffs have adequately alleged a claim for intrusion upon seclusion against Viacom; and 3) the Children's Online Privacy Protection Act of 1998 does not preempt plaintiffs' state-law privacy claim.




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Flock v. US Dep't of Transp.

(United States First Circuit) - In a suit brought a group of drivers who allege that disseminating certain information contained in the Federal Motor Carrier Safety Administration (FMCSA) database of inspection history and safety records pertaining to commercial motor vehicle operators, exceeds the agency's statutory mandate under 49 U.S.C. section 31150, which governs the agency's disclosure obligations, the district court's grant of the FMCSA's motion to dismiss is affirmed where: 1) section 31150 was ambiguous as to the agency's authority to include non-serious driver related safety violations in the database; and 2) the agency's interpretation of the statute was entitled to deference and ultimately permissible under Chevron, U.S.A., Inc. v. Nat. Res. Def. Council, Inc., 467 U.S. 837 (1984).




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Dept. of Alcoholic Bev. Control v. Alcoholic Bev. Control App. Bd.

(California Court of Appeal) - In a petition for writ of review challenging the Department of Alcoholic Beverage Control's 15-day suspension of an off-sale general license held by a CVS Pharmacy Store after an administrative law judge found the store clerk sold alcohol to a minor decoy, the Alcohol Beverage Control Appeals Board's reversal of the suspension based on California Code of Regulations, title 4, section 141 (Rule 141) that allows a law enforcement agency to use an underage decoy only in a fashion that promotes fairness, is annulled where: 1) Rule 141 is not ambiguous in requiring minor decoys to answer truthfully only questions about their ages; 2) substantial evidence supports the administrative law judge's factual finding that the decoy was not questioned about his age; and 3) Rule 141 does not provide CVS with a defense to the accusation it sold an alcoholic beverage to an underage buyer.




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Chung v. Studentcity.com

(United States First Circuit) - In a wrongful death action, the district court's grant of summary judgment to defendant, a provider of vacations for students, is reversed where the court erred in granting summary judgment on the issue of causation after allowing no discovery on the issue and receiving no briefing on the matter from the parties.




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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.




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Moore v. LA Department of Public Safety

(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.