to Acorda Therapeutics, Inc. v. Roxane Laboratories, Inc. By feeds.findlaw.com Published On :: 2018-09-10T08:00:00+00:00 (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. Full Article Intellectual Property Patent
to Torres v. Jones By feeds.findlaw.com Published On :: 2016-02-23T08:00:00+00:00 (Court of Appeals of New York) - In a false arrest case contending that police invented a false confession to aid in the prosecution of plaintiff, in violation of 42 U.S.C. section 1983 and New York common law, the trial court’s grant of summary judgment to defendants is: 1) reversed where plaintiff has pleaded sufficient facts to constitute violations of New York's false arrest and malicious prosecution claims and 42 U.S.C. section 1983 claims against individually-named plaintiffs; and 2) affirmed as to the City of New York and New York City Police Department in accordance with Monell v. N.Y.C. Dept. of Soc. Services, 436 U.S. 658 (1978). Full Article Civil Procedure
to In re Sand and Stone Corp. By feeds.findlaw.com Published On :: 2016-03-31T08:00:00+00:00 (Court of Appeals of New York) - In an environmental action, challenging a Town Board's positive declaration under the State Environmental Quality Review Act (SEQRA) and requiring a draft environmental impact statement, the trial court's dismissal of the petition is affirmed where the positive declaration is not justiciable and the case not ripe for judicial review. Full Article Environmental Law Property Law & Real Estate
to Stonehill Capital Management v. Bank of the West By feeds.findlaw.com Published On :: 2016-12-20T08:00:00+00:00 (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. Full Article Commercial Law Contracts
to Torry v City of Chicago By feeds.findlaw.com Published On :: 2019-08-02T08:00:00+00:00 (United States Seventh Circuit) - Affirmed. Police officers who could not recall making a Terry stop of three black men in a grey sedan following a nearby shooting were entitled to qualified immunity because the description of the shooter was close enough to justify the stop. Full Article Constitutional Law Civil Procedure Evidence
to US v. Thornton By feeds.findlaw.com Published On :: 2019-08-07T08:00:00+00:00 (United States Seventh Circuit) - Affirmed. The court's imposition of conditions on supervised release could not be appealed as violations of due process rights by the convicted because they failed to object to them in district court and therefore waived the issue. Full Article Criminal Law & Procedure Sentencing Constitutional Law
to Wal-Mart Stores, Inc. v. TX Alcohol By feeds.findlaw.com Published On :: 2019-08-15T08:00:00+00:00 (United States Fifth Circuit) - Partially affirmed, remanded. A Texas ban on public corporations obtaining package store permits did not violate Equal Protection rights, but the district court erred in finding a discriminatory nature and burden imposed by the public corporation ban. Full Article Constitutional Law Government Law Civil Procedure
to Class v. Towson University By feeds.findlaw.com Published On :: 2015-11-13T08:00:00+00:00 (United States Fourth Circuit) - In an action challenging defendant Towson University's refusal to allow plaintiff to return to playing football after he suffered a near-death heat-stroke induced coma requiring a liver transplant and additional surgeries, the district court's judgment for plaintiff under Title II of the Americans with Disabilities Act is reversed where plaintiff was not otherwise qualified to participate in defendant's football program under defendant's reasonably applied Return-to-Play Policy. Full Article Sports Law Education Law Civil Rights
to De La Torre v. Cal. Horse Racing Bd. By feeds.findlaw.com Published On :: 2017-01-25T08:00:00+00:00 (California Court of Appeal) - In a quarter horse trainer's petition for a writ of administrative mandamus, challenged a license suspension and fine imposed upon him by the California Horse Racing Board after finding he violated the Board's regulations by racing horses medicated with a drug that the Board had temporarily suspended from authorized use, the petition is granted where the Board's successive temporary suspensions of the drug violated the provisions of the rule permitting temporary suspension of an authorized drug and thus exceeded the Board's authority. Full Article Sports Law Administrative Law
to Kennedy v. Bremerton School District By feeds.findlaw.com Published On :: 2017-08-23T08:00:00+00:00 (United States Ninth Circuit) - Affirming the denial of preliminary injunctive relief in an action brought by a high school coach who alleged First Amendment violations when he was suspended for kneeling and praying in the middle of a football field immediately after football games because while coaching he was a public employee, not a private citizen. Full Article Sports Law
to Mann v. Palmerton Area School District By feeds.findlaw.com Published On :: 2017-09-21T08:00:00+00:00 (California Court of Appeal) - Affirming the district court's grant of summary judgment in the case of a student football player who took some hard hits and ended up diagnosed with traumatic brain injury because the coach was entitled to qualified immunity and there wasn't enough evidence to warrant a jury trail against the town. Full Article Civil Procedure Sports Law
to Autoridad de Energia Electrica v. Vitol SA Services, LLC By feeds.findlaw.com Published On :: 2017-06-13T08:00:00+00:00 (United States First Circuit) - In a suit brought under a Puerto Rico 'Law 458', which prohibits government instrumentalities and public corporations from awarding bids or contracts to persons (including juridical persons) who have been convicted of 'crimes that constitute fraud, embezzlement or misappropriation of public funds listed in section 928b of this title,' P.R. Laws Ann. tit. 3, section 928, the district court's judgment remanding the case to the Commonwealth Puerto Rico Court of First Instance is affirmed where the forum selection clauses at issue were enforceable, and that the unanimity requirement of 28 U.S.C. section 1446(b)(2)(A) therefore could not be satisfied. Full Article White Collar Crime Government Law Contracts Government Contracts Oil and Gas Law Government Law
to U.S. ex rel. Lemon v. Nurses To Go, Inc. By feeds.findlaw.com Published On :: 2019-05-07T08:00:00+00:00 (United States Fifth Circuit) - Revived a lawsuit brought by several employees of a hospice care provider alleging that their employer had billed Medicare improperly. Reversed the dismissal of their claims under the False Claims Act. Full Article Health Law Government Benefits Government Contracts
to Findleton v. Coyote Valley Band of Pomo Indians By feeds.findlaw.com Published On :: 2018-09-25T08:00:00+00:00 (California Court of Appeal) - Affirmed that a construction contractor was entitled to recover attorney fees he incurred in seeking to enforce his right to arbitrate a claim that an Indian tribe failed to pay him for his work. Full Article Construction Indian Law Attorney's Fees
to Westsiders Opposed to Overdevelopment v. City of Los Angeles (Philena Properties, L.P.) By feeds.findlaw.com Published On :: 2018-10-01T08:00:00+00:00 (California Court of Appeal) - Held that the City of Los Angeles did not act unlawfully when it amended its General Plan to change the land use designation of a five-acre development site from light industrial to general commercial. Affirmed the denial of a neighborhood organization's petition for writ of mandate. Full Article Property Law & Real Estate Construction
to Contractors' State Licensing Board v. Superior Court (Black Diamond Electric, Inc.) By feeds.findlaw.com Published On :: 2018-10-29T08:00:00+00:00 (California Court of Appeal) - Held that an electrical contractor could not proceed with its lawsuit challenging a state licensing board's disciplinary decision, because the contractor was required to exhaust its administrative remedies before filing suit. Granted the licensing board's petition for a writ of mandate. Full Article Government Law Construction
to ACCO Engineered Systems, Inc. v. Contractors' State License Board By feeds.findlaw.com Published On :: 2018-12-15T08:00:00+00:00 (California Court of Appeal) - Upheld a decision of the Contractors' State License Board finding that a large contracting company violated California law by failing to obtain a building permit before replacing a boiler. Affirmed the denial of the company's writ petition. Full Article Construction
to Venice Coalition to Preserve Unique Community Character v. City of Los Angeles By feeds.findlaw.com Published On :: 2019-01-09T08:00:00+00:00 (California Court of Appeal) - Held that a citizen group could not proceed with its claims that the City of Los Angeles engaged in a pattern and practice of illegally exempting certain development projects in Venice from permitting requirements contained in the California Coastal Act and the Venice Land Use Plan. Affirmed summary judgment for city. Full Article Environmental Law Property Law & Real Estate Construction
to Aspic Engineering and Construction Co. v. ECC Centcom Constructors, LLC By feeds.findlaw.com Published On :: 2019-01-28T08:00:00+00:00 (United States Ninth Circuit) - Held that an arbitrator made an "irrational" decision in a contract dispute between two government contractors. Affirmed the district court's vacatur of the arbitration award, in this case involving contracts to construct buildings and facilities in Afghanistan. Full Article Military Law Dispute Resolution & Arbitration Construction
to Knick v. Township of Scott By feeds.findlaw.com Published On :: 2019-06-21T08:00:00+00:00 (United States Supreme Court) - Held that a property owner whose property has been taken by a local government may go directly to federal court to assert a claim under the Takings Clause. Overruled a 1985 Supreme Court precedent (Williamson County Regional Planning Comm'n v. Hamilton Bank of Johnson City), which had said that a property owner must first seek just compensation under state law in state court before bringing a federal takings claim under Section 1983. Chief Justice Roberts delivered the opinion of the 5-4 Court. Full Article Property Law & Real Estate Constitutional Law Construction
to Torres-Pagan v. Berryhill By feeds.findlaw.com Published On :: 2018-08-10T08:00:00+00:00 (United States First Circuit) - Vacated an administrative ruling that terminated the Supplemental Security Income benefits of an individual who had received them since childhood for an intellectual disorder. The plaintiff disputed the medical evidence that the Social Security Administration relied on in concluding that he was no longer disabled after he turned age 18. Finding merit in his arguments, the First Circuit held that the record was insufficient to conclude he was no longer disabled. Full Article Juvenile Law Government Benefits
to Harrington v. Berryhill By feeds.findlaw.com Published On :: 2018-10-10T08:00:00+00:00 (United States Seventh Circuit) - Declined to hear a challenge to Treasury Offset Program regulations. A law firm ended up with nothing in legal fees because the government administratively offset fees awarded to its Social Security recipient clients under the Equal Access to Justice Act against the clients' various debts to the government. On appeal, the Seventh Circuit held that the offset matter was better suited for a separate action under the Administrative Procedure Act, and declined to exercise ancillary jurisdiction over a collateral challenge to the pertinent regulations. Full Article Government Benefits Tax Law Attorney's Fees
to U.S. ex rel. Lemon v. Nurses To Go, Inc. By feeds.findlaw.com Published On :: 2019-05-07T08:00:00+00:00 (United States Fifth Circuit) - Revived a lawsuit brought by several employees of a hospice care provider alleging that their employer had billed Medicare improperly. Reversed the dismissal of their claims under the False Claims Act. Full Article Health Law Government Benefits Government Contracts
to Cargo Services Scam - HAPPY NEW YEAR to you and yours By feedproxy.google.com Published On :: Mon, 21 Apr 2014 22:16:19 +0200 A very long scam e-mail from Linda Zhong who lives in another dimension in time. Full Article
to Tesla Generator Spam - PayAdvance.com Application for Membership By feedproxy.google.com Published On :: Sat, 18 Jan 2014 14:02:17 +0200 A "buy two for the price of one" type of spammer. Full Article
to Banking Phishing Scam - ABSA Global business customers certificate update By feedproxy.google.com Published On :: Mon, 07 Apr 2014 23:03:47 +0200 Malware phishing scammers targeting ABSA customers with the ZBot Trojan. Full Article
to Super Loan Spam - C_PLUS_PLUS_GENIUS, You are PRE-SELECTED for a Super Loan up to R150,000! - Super-Loan.co.za By feedproxy.google.com Published On :: Tue, 08 Apr 2014 21:15:07 +0200 Super-Loan.co.za are super spammers and when you go to their website you will find that it is super useless, i.e. it only shows the Microsoft IIS7 status page. Super professional. Full Article
to Lottery Scam - WESTERN UNION CUSTOMER REWARD PROMOTION By feedproxy.google.com Published On :: Tue, 08 Apr 2014 21:48:15 +0200 A SCREAMING 419 scammer. Maybe he is frustrated because nobody believes in the $700,000 prize money. Full Article
to R.C.H.A Stock Market Spam - This pharmaceutical could quadruple fast By feedproxy.google.com Published On :: Tue, 22 Apr 2014 23:43:50 +0200 Stock market spammers are at it again. This time promoting the R.C.H.A stock. Full Article
to R.C.H.A. Stock Market Spam - This bioceutical will at least double By feedproxy.google.com Published On :: Tue, 22 Apr 2014 23:43:15 +0200 Stock market spammers still trying to push this stock. Full Article
to Stock Market Spam - Our Opening Bell Breakout Pick Is Inside (IRMGF) By feedproxy.google.com Published On :: Tue, 09 Sep 2014 23:08:09 +0200 IRMGF (Inspiration Mining Corporation) pump and dump stock spam Full Article
to Vermont Railway Inc. v. Town of Shelburne By feeds.findlaw.com Published On :: 2019-03-07T08:00:00+00:00 (United States Second Circuit) - Held that a town could not enforce a hazardous substances ordinance against a railroad company that was building a road salt transloading facility. The ordinance was preempted by the Interstate Commerce Commission Termination Act. Affirmed a permanent injunction against the town. Full Article Environmental Law Transportation
to Government of the Province of Manitoba v. Bernhardt By feeds.findlaw.com Published On :: 2019-05-03T08:00:00+00:00 (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. Full Article Environmental Law Civil Procedure
to Califonia Communities Against Toxics v. Environmental Protection Agency By feeds.findlaw.com Published On :: 2019-07-02T08:00:00+00:00 (United States DC Circuit) - Petition for review denied. The EPA did not act contrary to the Resource Conservation and Recovery Act in adopting a Transfer-Based Exclusion because hazardous materials are not necessarily "discarded" when they are transferred from a generator to a reclaimer along with payment. The policy was not arbitrary or capricious. Full Article Government Law Environmental Law
to Sacramentans for Fair Planning v. City of Sacramento By feeds.findlaw.com Published On :: 2019-07-18T08:00:00+00:00 (California Court of Appeal) - Affirmed. Plaintiff, a citizen group, sued Defendant, a city, claiming the city violated zoning law and the California Environmental Quality Act (CEQA) by approving a certain development. The trial court found the development consistent with CEQA and denied Plaintiff’s writ of mandate petition. Full Article Government Law Environmental Law
to United Keetoowah Band of Cherokee Indians in Oklahoma v. FCC By feeds.findlaw.com Published On :: 2019-08-09T08:00:00+00:00 (United States DC Circuit) - Granted in part. In a petition to review an order loosening regulations to allow microcell transmission towers supporting cell phone reception to be built on or near Native American cultural sites, the FCC's determination that it wasn't in the public interest to review small cell deployment was arbitrary and capricious. Full Article Communications Law Environmental Law Indian Law
to Stopthemillenniumhollywood.com v. City of Los Angeles By feeds.findlaw.com Published On :: 2019-08-22T08:00:00+00:00 (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. Full Article Environmental Law Civil Procedure
to Mavrix Photographs, LLC. v LiveJournal, Inc. By feeds.findlaw.com Published On :: 2017-04-07T08:00:00+00:00 (United States Ninth Circuit) - In a copyright dispute arising out of photographs posted online on defendant's social media website, the district court's summary judgment that defendant was entitled protected by the safe harbor of the Digital Millennium Copyright Act is reversed where: 1) the safe harbor set forth in 17 U.S.C. section 512(c) would apply if the photographs were posted at the direction of users; 2) defendant posted the photographs after a team of volunteer moderators, led by an employee of the defendant, reviewed and approved them; 3) the common law of agency applied to the defendant's safe harbor defense; and 4) there were genuine factual disputes regarding whether the moderators were the defendant's agents. Full Article Intellectual Property Copyright Cyberspace Law
to DRK Photo v. McGraw Hill Global Education Holdings, LLC By feeds.findlaw.com Published On :: 2017-09-12T08:00:00+00:00 (United States Ninth Circuit) - Affirming summary judgment to the defendant schoolbook publisher against a stock photography agency complaining of copyright infringement because they were nonexclusive licensing agents for the photos at issue and failed to demonstrate adequate ownership interest to confer standing. Full Article Copyright Civil Procedure Intellectual Property
to John Wiley and Sons, Inc. v. DRK Photo By feeds.findlaw.com Published On :: 2018-02-16T08:00:00+00:00 (United States Second Circuit) - Affirming the district court's grant of summary judgment to the defense in a copyright case where the assignee of certain photographs tried to sue the owner for infringement for exceeding its licensed use of certain photographs taken by photographers who had a non-exclusive licensing agreement with them because the Copyright Act doesn't permit prosecution of infringement suits by assignees that have never been the legal or beneficial owner of an exclusive right to the intellectual property. Full Article Copyright Civil Procedure Intellectual Property
to Naruto v. Slater By feeds.findlaw.com Published On :: 2018-04-23T08:00:00+00:00 (United States Ninth Circuit) - Affirming the district court dismissal of claims brought by a monkey, the continuation of the fascinating Monkey Selfie suit, holding that while the monkey had constitutional standing to bring suit, he lacked statutory standing to claim copyright infringement because the Copyright Act doesn't expressly authorize animals to file copyright infringement suits. Full Article Intellectual Property Copyright Civil Procedure Constitutional Law
to Wilson v. Dynatone Publishing Company By feeds.findlaw.com Published On :: 2018-06-06T08:00:00+00:00 (United States Second Circuit) - Affirming the dismissal of a state law accounting claim and otherwise vacating and remanding the case of a musical group called Sly Slick & Wicked who challenged the collection of royalties during the renewal period of the copyright of their song, entitled Sho' Nuff, which had been sampled by Justin Timberlake and J. Cole because their repudiation of the original terms of the copyright many years earlier did not also constitute a repudiation of the renewal terms, resulting in a time-bar to their claims. Full Article Intellectual Property Copyright
to Wilson v. Dynatone Publishing Co. By feeds.findlaw.com Published On :: 2018-11-14T08:00:00+00:00 (United States Second Circuit) - Held that a copyright ownership claim was timely filed. The statute of limitations was not triggered by the defendants' act of registering their competing claim of ownership in the Copyright Office. Denied a petition for rehearing, in a dispute over ownership of renewal term copyrights in certain musical compositions and sound records. Full Article Entertainment Law Intellectual Property Copyright
to Capitol Records, LLC v. ReDigi Inc. By feeds.findlaw.com Published On :: 2018-12-12T08:00:00+00:00 (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. Full Article Entertainment Law Intellectual Property Copyright
to More Ozzy TV- Arctic Monkeys 'Four Out Of Five' Video, Muse Concert Film Preview, Cliff Burton Documentary, Sevendust, Free Volbeat Show and more By feedproxy.google.com Published On :: More Ozzy TV- Arctic Monkeys 'Four Out Of Five' Video, Muse Concert Film Preview, Cliff Burton Documentary, Sevendust, Free Volbeat Show and more Full Article
to Today's Full Day in Pop Report By feedproxy.google.com Published On :: All of today's top pop music news stories Full Article
to Township of Bordentown v. FERC By feeds.findlaw.com Published On :: 2018-09-05T08:00:00+00:00 (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. Full Article Environmental Law Oil and Gas Law
to US v. Bostock By feeds.findlaw.com Published On :: 2018-12-10T08:00:00+00:00 (United States Seventh Circuit) - Affirmed the sentence of a defendant who pleaded guilty to distributing methamphetamine. Full Article Injury & Tort Law Oil and Gas Law Water Law
to Washington State Dept. of Licensing v. Cougar Den, Inc. By feeds.findlaw.com Published On :: 2019-03-19T08:00:00+00:00 (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. Full Article Tax Law Oil and Gas Law Indian Law
to Halliburton Energy Services, Inc. v. Ironshore Specialty Insurance Co. By feeds.findlaw.com Published On :: 2019-04-17T08:00:00+00:00 (United States Fifth Circuit) - In an insurance dispute following an explosion and fire on an oil rig in Ohio, addressed arbitrability and personal jurisdiction issues. Affirmed in part and reversed in part the decision below. Full Article Oil and Gas Law Insurance Law