(United States Ninth Circuit) - In an amended opinion, held that an African American-owned operator of television networks sufficiently pleaded that a cable television operator unlawfully refused to enter into a carriage contract based on racial bias, in violation of 42 U.S.C. section 1981. Affirmed denial of a motion to dismiss, on interlocutory appeal.

(California Court of Appeal) - Held that a newspaper's anti-SLAPP motion should have been granted to block a libel suit. The plaintiffs failed to make a prima-facie showing that statements regarding them in a series of articles about campaign contributions were false. Reversed in relevant part.

(United States Second Circuit) - Revived a media company's claim that a popular website infringed its copyright in certain photographs of famous celebrities. The website, which enables users to create and share digital photo collages, has a clipper tool that lets users clip images from other websites. Reversed summary judgment in relevant part, in this case involving the Digital Millennium Copyright Act.

(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) - 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.

(United States Federal Circuit) - In a patent infringement suit involving three competitor companies that create argon gas-enhanced electrosurgical products for electrosurgery, judgment of the district court is affirmed where: 1) because the district court's construction of "low flow rate" is correct, and because there is no evidence that the accused probes infringe the asserted claims in the '745 patent, the district court's judgment of non-infringement is affirmed; 2) district court correctly granted summary judgment against plaintiff as to its trademark and trade dress claims based on the court's determination that the color blue is functional and has not acquired the requisite secondary meaning; 3) the district court properly granted summary judgment on defendant's antitrust counterclaims in favor of the plaintiffs as the "Sham litigation" exception to the Noerr-Pennington doctrine is not warranted in this case because the record demonstrates that plaintiff had probable cause to bring this patent enforcement litigation, and defendant failed to meet its burden of seeking discovery on its antitrust claims and failed to establish some genuine issue of material fact as to the other predatory acts is argues the district court ignored

(United States Federal Circuit) - Affirming a district court order denying a motion for attorney fees following the dismissal of a patent infringement suit with prejudice because attorney fees are only available in exceptional circumstances and the court decision was not an abuse of discretion.

(California Court of Appeal) - In an action arising out of injuries plaintiff sustained during a high school football game, alleging ambulance crew was grossly negligent in not properly assessing plaintiff's condition and immediately transporting him to the hospital in the standby ambulance, the trial court's grant of summary judgment to ambulance service provider defendant is affirmed where the court did not err in finding that there was no triable issue of material fact regarding causation.

(United States Ninth Circuit) - In an brought by former student-athlete plaintiffs, alleging that defendant exploited their likenesses commercially by selling non-exclusive licenses permitting consumers to download photographs from the National Collegiate Athletic Association's Photo Library for non-commercial use, the district court's order granting defendant's special motion to strike and dismissing plaintiffs' claims without leave to amend is affirmed where: 1) the federal Copyright Act preempts the plaintiffs' publicity-right claims and the derivative UCL claim; and 2) in light of that holding, plaintiffs' cannot demonstrate a reasonable probability of prevailing on their challenged claims.

(United States Federal Circuit) - In a government contracts action claiming underpayment for outpatient medical services provided for current and former military service members, the Federal Claims Court's dismissal for failure to state a claim is reversed where plaintiffs are not barred by bringing a breach of contract claim by a release included in the contract the government is accused of breaching.

(MD Court of Appeals) - No. 19, Sept. Term, 2019

An extremely legitimate looking phishing scam aimed at NatWest credit card holders.

The Canadian Pharmacy Spammers are at it again, or should we say still at it again.

(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.

(United States Second Circuit) - Affirmed a finding of copyright infringement, in a lawsuit that involved copyrighted music recordings resold through an internet platform. The suit was brought by several record companies.

(United States Second Circuit) - Revived a media company's claim that a popular website infringed its copyright in certain photographs of famous celebrities. The website, which enables users to create and share digital photo collages, has a clipper tool that lets users clip images from other websites. Reversed summary judgment in relevant part, in this case involving the Digital Millennium Copyright Act.

(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.

(United States First Circuit) - Sentence for conviction of conspiracy to possess with intent to distribute controlled substances within 1,000 feet of a protected location, 21 U.S.C. sections 841(a)(1), 846 and 860, is affirmed over defendant's claims that the sentence is both procedurally flawed and substantively unreasonable where, in the absence of exceptional circumstances, such as the applicability of a statutory mandatory minimum sentence, the starting point for a court's sentencing determination is the guideline range, not the parties' recommendations.

(United States First Circuit) - In a case involving a dispute over an unwritten and allegedly exclusive distributorship agreement between plaintiff and Hormel Foods Corp. under Puerto Rico's Dealer's Contracts Act (Law 75), P.R. Laws Ann. tit. 10 sections 278-278e, the district court's judgment is: 1) affirmed in part where plaintiff's exclusivity claim as presented is time-barred; and 2) reversed in part where the statute of limitations bar to recovery extends to plaintiff's Costco-related claim as well.

(United States Second Circuit) - Vacated and remanded. Plaintiff, who is profoundly deaf, appeals from dismissal on summary judgment her claim that a hospital violated the Rehabilitation Act by failing to provide an ASL interpreter. The panel concluded that material issues of fact preclude summary judgment.

(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.

(United States DC Circuit) - Remanded. A final rule issued by the National Credit Union Administration intended to make it easier for community credit unions to expand their coverage that was opposed by bankers was largely affirmed, but remanded to consider a portion that might impact poor and minority urban residents.

(United States Ninth Circuit) - Affirming a district court conclusion in a putative securities class action relating to a corporate merger that the Securities Exchange Act does not create a private right of action for shareholders confronted with a tender offer and dismissing the complaint as to one defendant, who was not a proper defendant, holding that the Exchange Act requires a showing of negligence rather than scienter for the claims brought, and remanding for the district court to reconsider the defense motion to dismiss under the negligence standard.

Latido Music, The Premiere 24-hour Digital Television Network Dedicated To Latin Music, Has Announced The Formation Of Its Advisory Board

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

Ben je ook zo benieuwd waarom het ene socialmedia-account moeizaam enkele likes bij elkaar schraapt? En het andere een levendige community is met veel bereik? Verschillende elementen dragen bij aan meer activiteit op je socialmedia-kanaal. Ik ontdekte: actief zijn in de avond kan een groot verschil maken. Dit is eigenlijk heel logisch. Juist ‘s avonds […]

(United States Fourth Circuit) - In a complaint challenging Upstream surveillance, an electronic surveillance program operated by the National Security Agency pursuant to the Foreign Intelligence Surveillance Act (FISA), 50 U.S.C. section 1801 et seq., the district court's dismissal of the complaint on grounds that the allegations in the complaint were too speculative to establish Article III standing, under Clapper v. Amnesty International USA, 133 S. Ct. 1138 (2013), is: 1) vacated as to Wikimedia-plaintiff where Clapper's analysis of speculative injury does not control this case, since the central allegations here are not speculative, and plaintiff's allegations are sufficient to survive a facial challenge to standing; and 2) affirmed as to the other plaintiffs because the complaint does not contain enough well-pleaded facts entitled to the presumption of truth to establish their standing.

(United States Federal Circuit) - In a patent action relating to a series of patents concerning a system for streaming audio/visual data over a communications system like the internet, the district court's judgment that the asserted patents are ineligible subject matter under 25 U.S.C. section 101 is affirmed where the claims are directed at abstract ideas and contain no additional elements transforming them into patent-eligible applications.

(United States Second Circuit) - Revived a media company's claim that a popular website infringed its copyright in certain photographs of famous celebrities. The website, which enables users to create and share digital photo collages, has a clipper tool that lets users clip images from other websites. Reversed summary judgment in relevant part, in this case involving the Digital Millennium Copyright Act.

It Will Be Released On April 21st, And Available Exclusively To Record Store Day Participating Retailers Worldwide.

Tickets On Sale For New London-based Music Conference At Southbank Centre’s Purcell Room On September 24

(United States Ninth Circuit) - In an amended opinion, reversed the denial of class certification in a wage-hour lawsuit brought by registered nurses against a hospital.

Diskery Launches First World Advertising Campaign!

Crystal Beth Is What Happens If You Cross Frank Zappa, Yoko Ono, Patti Smith, And Janice Joplin

The Critically-Acclaimed Group Netted The #4 Most Added Spot On The Billboard Mainstream Indicator Chart & Was The #1 Most Added On The Foundations Chart Week

(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.

(United States Ninth Circuit) - Certified Question. The panel certified the question of state law to the Nevada Supreme Court asking whether an insurer is entitled reimbursement of costs already expended in defense of its insured where a determination has been made that the insurer owed no duty to defend and there was an agreement requiring reimbursement, but with no reservation of rights.

The Bermuda Police Service’s Financial Crime Unit is investigating credit card fraud, with at least three establishments reporting that goods...

(United States Seventh Circuit) - Held that a debt collector did not violate the Fair Debt Collection Practices Act by reporting to a credit bureau that a debtor had nine unpaid bills of $60, rather than simply indicating an aggregate debt of $540. Reversed the district court, in this case involving co-pays for physical therapy sessions.

(United States Ninth Circuit) - Reversed district court’s dismissal of Plaintiff’s enforcement action against Defendant for alleged fraud in precious metal sales. Defendant maintained that there was an exception in the Commodity Exchange Act for retail commodity sales. Held that the burden was on the Defendant to prove that the exception applied and the exception could be satisfied if the commodity sat in a third-party depository. However, that was not the case in this suit. Plaintiff was not barred from bringing suit and the action should not have been dismissed. Remanded for further proceedings.

(United States Seventh Circuit) - Restitution award vacated. The FTC sued Defendant for several violations of consumer protection statutes. The trial court found for the FTC, entered a permanent injunction against Defendant and ordered $5 million in restitution to the FTC. The appeals court affirmed the judgment as to the violations of consumer statutes and the injunction but held that restitution was not authorized by section 13(b) of the Federal Trade Commission Act.

Fair treatment for Christians by secular journalists

I read and listen to a lot of news. NPR plays in the background as I’m making breakfast and dinner. We subscribe to Time, The Atlantic, and The New Yorker (as well as to Christianity Today, Books and Culture, and Critique). I scroll through The New York Times’ headlines and most-emailed list on my phone every day, and most days I check TheWall Street Journal and TheAtlantic as well. And that’s not to mention the podcasts and books. Both explicitly Christian content and content from avowedly secular sources inform my take on our world every day.

Many Christians worry that the mainstream media demonstrates a persistent bias against Christianity, and certainly examples of this type of bias exist. But recently I have been struck by the number of mainstream outlets in which an evangelical Christian perspective (not to mention mainline Protestant and Catholic positions) is given fair treatment and earnest engagement. Some of this writing comes from Christians writing for those publications—Ross Douthat for The New York Times, for example, or Rod Dreher in Time this week. But just as often, it comes from writers who aren’t Christians and who are simply doing their jobs with integrity.

In the past week alone, I’ve noted Time's cover article—with equal space given to “The Attack on Gay Rights” and “The Attack on Believers.” Conor Friedersdorf of The Atlantic, has once again defended the religious freedom of Christians who feel morally obligated not to participate in gay weddings (although he personally supports gay marriage). Not only that, he has argued that such Christians are not bigots but that they are often loving and lovely people who are following ...

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The Critically-Acclaimed Group Netted The #4 Most Added Spot On The Billboard Mainstream Indicator Chart & Was The #1 Most Added On The Foundations Chart Week

Latido Music, The Premiere 24-hour Digital Television Network Dedicated To Latin Music, Has Announced The Formation Of Its Advisory Board

Limited Edition Of 1500 Numbered Copies On 180 Gram Audiophile Gold Colored Vinyl

Diskery Launches First World Advertising Campaign!

The Sunset Corporation Of America (SCA) Shut Down Its Sunset Book Publishing Company Imprint Last Month

The Critically-Acclaimed Group Netted The #4 Most Added Spot On The Billboard Mainstream Indicator Chart & Was The #1 Most Added On The Foundations Chart Week

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Bongo Boy Records' The Corridors Delivers Music To A Powerful Video Series To Make People Aware Of The Need To Improve The Child’s Medical Environment In Taiwan.