(United States Second Circuit) - Affirming the district court's determination that New York law allows for derivative litigation rights in a suit on Lanham Act claims and a motion for preliminary injunction under the first-filed rule, but vacating the dismissal of the complaint and injunction motion in favor of a first-filed Georgia action because the Georgia suit was transferred to New York, so the reasoning behind the first-filed ruling no longer pertains, and affirming the district court's award of costs, including attorney fees incurred in the Georgia state action.

(United States Ninth Circuit) - Reversing the district court's summary judgment in favor of the defendant in a suit for trademark infringement relating to foam earplugs in a specific bright green color used by the plaintiffs in their earplugs because the district court's conclusion that the green color mark was functional and therefore not protectable as trade dress was in error. The existence or nonexistence of alternative designs is probative of functionality or nonfunctionality and a genuine issue of fact regarding whether the color was functional remained.

(United States Ninth Circuit) - Judgment affirmed in favor of plaintiff regarding a trademark infringement matter. The court held that because of the delay of the defendant in challenging plaintiff's trademark, the doctrine of laches could be used as a defense. Further, the district court did not abuse its discretion in declining to apply the doctrine of unclean hands or the inevitable confusion doctrine against plaintiff.

(United States Second Circuit) - Reversed summary judgment for an apparel company in its trademark infringement action. A company that sold leather jackets branded ROGUE contended that a commercial brewery that sold ROGUE-branded beer had infringed its trademark by using the name on t‐shirts and hats. The Second Circuit held that the apparel company was not entitled to summary judgment, because the brewery was the senior user and the evidence did not show that it was precluded by laches.

(United States Second Circuit) - Affirmed in part, vacated and remanded in part. Finding no clear error in the district court’s determination that Defendant’s trademark infringement was willful, the award of gross profits was proper. However, the question of attorney’s fees and pre-judgement interest is remanded for further proceedings.

(United States Supreme Court) - Held that a business engaged in nonjudicial foreclosure proceedings was not a "debt collector" under the Fair Debt Collection Practices Act. A homeowner claimed that the business violated certain statutory requirements in carrying out a foreclosure on behalf of a lender. Rejecting this argument, the U.S. Supreme Court held that the Act was inapplicable to this nonjudicial foreclosure proceeding. Justice Breyer delivered the opinion for a unanimous Court, clarifying the statute's definition of debt collector.

(United States Supreme Court) - Remanded a class action settlement case for the courts below to address the named plaintiffs' standing to sue, in light of Spokeo Inc. v. Robins, 578 U.S. __ (2016). Issued a per curiam opinion, in this consumer suit against an internet company.

(United States Supreme Court) - In a Social Security disability benefits case, addressed the effect of a vocational expert's refusal to share privately collected data. The applicant's counsel wanted to see data about the labor market that the expert had relied upon in estimating the number of jobs available in the economy for someone with the applicant's characteristics. However, the U.S. Supreme Court concluded that, despite the expert's refusal to turn over this private data, her testimony could still be considered "substantial evidence" in federal court. Justice Kagan delivered the opinion of the 6-3 Court.

(United States Supreme Court) - Held that a death row inmate's execution by lethal injection would not subject him to constitutionally impermissible suffering, even if his unusual health issues meant that he would experience particularly excruciating pain. The inmate contended that his medical condition meant Missouri's legal injection protocol was unconstitutional as applied to him. In a 5-4 decision, the U.S. Supreme Court held that he failed to satisfy the Baze-Glossip test. Justice Gorsuch delivered the majority opinion.

(United States Supreme Court) - Held that the Tennessee Valley Authority is subject to suits challenging any of its commercial activities, just as if it were a private corporation supplying electricity. The TVA insisted that, as a government-owned corporation, it has sovereign immunity from all tort suits arising from its performance of so-called discretionary functions. However, the U.S. Supreme Court disagreed in a unanimous opinion delivered by Justice Kagan.

(United States Supreme Court) - Clarified when federal law will preempt a state law claim that a drug manufacturer failed to warn consumers of a drug's risks. Held that this preemption question is one for a judge to decide, not a jury. Also spelled out the "clear evidence" standard that applies in this context. Justice Breyer, joined by five justices, delivered the U.S. Supreme Court's majority opinion in this product liability lawsuit against a drugmaker.

(United States Supreme Court) - On a question of civil procedure, held that a third-party counterclaim defendant -- that is, a party brought into a lawsuit through a counterclaim filed by the original defendant -- may not remove a class-action counterclaim from state court to federal court. Justice Thomas, joined by the four liberal justices, delivered the opinion of a 5-4 Court in this debt collection lawsuit.

(United States Supreme Court) - Upheld an Indiana law relating to the disposition of fetal remains by abortion providers. The Seventh Circuit had struck down the law, which altered the manner in which abortion providers may dispose of fetal remains; for instance, the law prevents incineration of fetal remains along with surgical byproducts. The U.S. Supreme Court concluded in a per curiam decision that the law passes rational basis review. Only two justices dissented.

(United States Supreme Court) - Addressed what law applies on the Outer Continental Shelf, holding that California wage-and-hour law was inapplicable to a worker on an offshore drilling platform. Under the Outer Continental Shelf Lands Act, if federal law addresses the relevant issue, state law is not adopted as surrogate federal law. Justice Thomas delivered the opinion for a unanimous Court.

(United States Supreme Court) - Held that a private entity operating public access cable TV channels was not subject to First Amendment constraints on its editorial discretion. The producers of a controversial documentary film contended that the nonprofit corporation running the public access channels was a state actor because it was exercising a function traditionally exclusively reserved to the State, and therefore was subject to suit for violating their free speech rights. However, the U.S. Supreme Court disagreed. Justice Kavanaugh delivered the opinion of the 5-4 Court.

(United States Supreme Court) - Addressed whether the Telephone Consumer Protection Act prohibits unsolicited fax advertisements that promote free goods, such as no-cost magazine subscriptions and catalogs. The specific issue here had to do with whether the district court was required to adopt the Federal Communications Commission's interpretation of the statute. The U.S. Supreme Court stated that it found the question difficult to answer, and remanded with directions for the lower courts to resolve two preliminary issues. Justice Breyer delivered the Court's opinion.

(United States Supreme Court) - Clarified the limits of a State's power to tax a trust. Struck down a North Carolina requirement that a trust must pay income tax to the State whenever the trust's beneficiaries live in the State -- regardless of whether the beneficiaries have received, can demand, or will ever receive a distribution of trust income. Justice Sotomayor delivered the opinion for a unanimous Court, in this due process challenge brought by a family trust.

(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.

(United States Supreme Court) - Reversed and remanded. Defendants sought disclosure, through a FOIA request, of names and addresses of retail stores who participated in the national food stamp program. Plaintiff refused to provide that information stating that substantive competitive harm would be caused. The district court disagreed with plaintiff and ordered disclosure. The US Supreme Court reversed and held that data provided under an assurance of privacy was an exemption to a FOIA request.

(United States Supreme Court) - Vacated and remanded. Plaintiff is a Vietnam veteran who sought disability benefits from the Veterans Administration for post-traumatic stress. The VA eventually granted benefits but only from the motion to re-open his case and not from the date of the original application. Court of Appeals affirmed the ruling citing the deference doctrine. The US Supreme Court vacated the judgment and remanded to have the lower court determine if the deference doctrine applied in this case.

(United States Supreme Court) - Held that the government's decision to add a citizenship question to the 2020 census questionnaire did not violate the Enumeration Clause or the Census Act. However, the sole stated reason for reinstating the question "seems to have been contrived," and therefore it was appropriate to remand the case back to the agency on that ground. Chief Justice Roberts delivered the Court's opinion, some portions of which were unanimous while others received the support of only four justices in various groupings.

(United States Fifth Circuit) - Vacated and complaint dismissed. Plaintiff sought declaratory judgment against Defendant, Homeland Security, claiming that DHS improperly denied application for legal permanent resident. Appellate court held that Plaintiff failed to state a legally cognizable claim.

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Aside from a few wild guesses, Izuku had no idea how this had happened. But here he was, about to bear All Might's child, and all he could think to blame it on was a jar of rice.

Yeet the rich

Najnowsze wiadomości - TVN24 Little Richard, znany między innymi z przeboju "Tutti Frutti", zmarł w sobotę w wieku 87 lat - poinformował na swojej stronie internetowej magazyn "Rolling Stone". Piosenkarz, pianista i pastor jest uważany za jednego z pionierów rock and rolla. https://ift.tt/37OsBj9

In an age of trolls, economic insecurity and social isolation, mixed martial arts gives fans a rush of harsh reality.

1 ¾ cups + 2 tablespoons gluten free oat flour 1 teaspoon baking powder ½ teaspoon baking soda ¼ teaspoon salt 1 cup + 2 tablespoons mashed, very ripe bananas (about 3 medium bananas) ¼ cup melted coconut oil ¼ cup pure maple syrup 1 flax egg (1 tablespoon golden ground flaxseed + 3 tablespoons water, whisk together, set for 15 mins) 1 teaspoon pure vanilla extract 1 cup add-ins of your choice – walnuts, chocolate chips, chopped dried fruit

More importantly right now, does a higher level of vitamin D enable you to fight off infections such as influenza and COVID? Of course, as I stated at the beginning, in the middle of the COVID maelstrom, people are claiming everything about everything.

RT @IsaacScher__: NEW: Half of all Brooklynites are white, but 97.5% of the borough's social distancing arrests were of people of color.

결혼식날 처음이자 마지막으로 날 울렸던 울 엄마의 편지 대공개 ㅜㅜ 눈물은 주워담을 수가 없었기에...☆

I got to MIDDLE by myself, but now I'm fucking stuck and I have decided (because of Linear Algebra) that I fucking hate all math for all time and hate life and the universe because I hate math so much and I am angry that I suck so bad at math and that there is so much terminology and minutia, all of which leading to absolutely nothing. It infuriates me. Thus the Rubiks also infuriates me. I am going to quit computer programming because of this. I am too old for this shit. Maybe I should leave my wife too, and run away from home. This whole life is getting me really down right now.

(NY Court of Appeals) - No. 85

Behind every Trump attack is self-revelation. Every counterpunch is a self-punch. @gtconway3d: “Because he fears being revealed as a fake or deranged, he’ll call others fake or deranged. Because he fears losing, he’ll call them losers instead.”

Unofficially billed as "the sequel to Node.js," Deno is poised to be the most exciting and controversial JavaScript-related release in recent memory.

Opinion | How to Punish Voters via Instapaper https://ift.tt/2yFNRbK

via Health News - The New York Times https://nyti.ms/2WLL65m