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Wikimedia Foundation v. NSA/CSS

(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.




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Packingham v. North Carolina

(United States Supreme Court) - Conviction under a North Carolina law that makes it a felony for a registered sex offender 'to access a commercial social networking Web site where the sex offender knows that the site permits minor children to become members or to create or maintain personal Web pages,' N. C. Gen. Stat. Ann. sections14-202.5(a) and (e), is reversed where the North Carolina statute impermissibly restricts lawful speech in violation of the First Amendment.




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Skulason v. California Bureau of Real Estate

(California Court of Appeal) - Reversing a trial court judgment granting writ of mandate and the award of attorney's fees in the case of a real estate salesperson who sued a state agency for publicizing her three misdemeanor convictions because they had no mandatory duty to remove from their website information about a licensee's convictions even if they were eventually dismissed.




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Keep Chicago Livable v. City of Chicago

(United States Seventh Circuit) - Remanded for further findings as to whether a citizen group and six individuals had legal standing to challenge the constitutionality of Chicago's recently enacted Shared Housing Ordinance, which regulates home-sharing activities, including services offered by companies like Airbnb.




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Erickson Productions, Inc. v. Kast

(United States Ninth Circuit) - Affirmed that a business owner contributorily infringed copyrighted photographs by displaying them on his website. However, remanded for further proceedings on whether the infringement was willful.




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Marshall's Locksmith Service v. Google, LLC

(United States DC Circuit) - Held that Google, Microsoft and Yahoo were not liable for allegedly conspiring to flood the market of online search results with information about so-called scam locksmiths, in order to extract additional advertising revenue. The Communications Decency Act barred this lawsuit brought by more than a dozen locksmith companies. Affirmed a dismissal.




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Duguid v. Facebook, Inc.

(United States Ninth Circuit) - Struck down as unconstitutional a 2015 amendment to the federal Telephone Consumer Protection Act that created a debt-collection exception. The issue arose in a consumer lawsuit alleging that Facebook unlawfully sent text messages using an automated telephone dialing system (to alert users, as a security precaution, when their account was accessed from an unrecognized device). Reversed the dismissal of a proposed class action.




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Khrapunov v. Prosyankin

(United States Ninth Circuit) - Vacated and remanded. Plaintiff filed a 28 U.S.C. § 1782 application seeking issuance of a subpoena to Google, Inc. for the disclosure of certain subscriber information to assist him in ongoing litigation in England. The district court granted Plaintiff’s application for the information from Google. Concluded that there was doubt whether 1782 could be used in a foreign proceeding and vacated and remanded for further proceedings in the district court.




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Nick Heyward Announces His 2018 UK Tour Following The Release Of His New Album 'Woodland Echoes'

Following The Release Of His Critically Acclaimed New Album ‘Woodland Echoes’ That Entered At No. 4 In The Independent Album Charts, Nick Heyward Has Announced A UK Tour For 2018.




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Denmark Native Raised In Spain @ChrisWallem Drops Debut EP #Artesano

CW Is Also The Founder And DJ Of ‘Mo’ Money’ Events At Marbella’s Elite Olivia Valere Night Club Since 2015




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UK's Debut Album To Be Released On Limited Edition 180 Gram Vinyl

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




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Album/Documentary Release By UK Band The Charmers

It Is An Album Full Of Edgy Pop Songs, With Insightful Lyrics And Lush Strings




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French Singer And Songwriter Ned Has Released Her Debut UK Single 'Give Me More'

French Native Songstress Ned Released Her Debut UK Single ‘Give Me More’ On 6th April 2018




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Clyde P Drops Tech House Workout 'Side GF'

Parisian Producer Clyde P Makes His Return To Static Music




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Atlantic Screen Music Marks 10th Year Anniversary By Acquiring Redfive Creative, A Noted, UK-Based Music Supervision & Sync Company

ASM Completes Its 150th Film Score And Retains Jonathan Firstenberg As North American Rep




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Make A Wish With Catherine Duc's 'Stargazing' Remix Of Ben Hobbs' 'Blind To You'

UK Singer/songwriter Ben Hobbs Teams Up With Grammy Nominees Catherine Duc And Gene Grimaldi On His Latest Remix




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Hill v. Volkswagen, AG

(United States Ninth Circuit) - Affirmed the approval of a consumer class action settlement in a case where Volkswagen entered into the $10-billion settlement with a class of consumers after the automaker admitted that it had installed devices in certain 2009 - 2015 diesel model diesel cars for the purpose of cheating on U.S. emissions tests. The Ninth Circuit held that the district court did not abuse its discretion in certifying a settlement class or approving the settlement as fair and adequate.




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True Health Chiropractic Inc. v. McKesson Corp.

(United States Ninth Circuit) - Reversed the denial of class certification in an action where a healthcare company was accused of unlawfully sending unsolicited faxed advertisements in violation of the U.S. Telephone Consumer Protection Act. The district court denied the motion for class certification on the ground that individual issues would predominate over issues common to the putative class. On an interlocutory appeal, the Ninth Circuit disagreed and remanded for further proceedings.




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Mielo v. Steak 'N Shake Operations, Inc.

(United States Third Circuit) - Reversed the certification of a class in a lawsuit alleging that a restaurant chain violated the Americans with Disabilities Act because its parking lots were difficult to ambulate in a wheelchair. The 500-location restaurant chain contended that the plaintiffs had failed to satisfy some of the requirements for class certification under Fed. R. Civ. P. 23(a). Agreeing, the Third Circuit reversed and remanded to the district court to reconsider if a class should be certified.




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Rangel v. PLS Check Cashers of California, Inc.

(United States Ninth Circuit) - Affirmed the dismissal, on res judicata grounds, of a proposed wage-and-hour class action. While the plaintiff conceded that she was subject to a state class-action settlement that released all claims arising from the same set of allegations upon which her Fair Labor Standards Act lawsuit was based, she nonetheless contended that her FLSA action should be allowed to proceed. Agreeing with the trial court, the Ninth Circuit held that res judicata applied.




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King v. Great American Chicken Corp., Inc.

(United States Ninth Circuit) - Held that the district court erred in remanding a class action to state court under the Class Action Fairness Act's local-controversy exception. The plaintiff argued that her wage-hour class action against a fast-food chain belonged in state court because more than two-thirds of the putative class members were California citizens. Unconvinced, the Ninth Circuit reversed and remanded for additional discovery regarding how many former employees had moved to other states, among other things.




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Kohler Co. v. Superior Court (Park-Kim)

(California Court of Appeal) - Held that homeowners could not bring a class action asserting a claim under California's Right to Repair Act against the manufacturer of an allegedly defective plumbing fixture used in the construction of their homes. The Act does not permit class actions of this type. Granted the defendant's writ petition.



  • Consumer Protection Law
  • Class Actions
  • Property Law & Real Estate

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Brodsky v. HumanaDental Insurance Co.

(United States Seventh Circuit) - Affirmed the denial of class certification in two lawsuits that were brought by unwilling recipients of faxed advertising messages. The recipients alleged that the fax advertisements violated the FCC's Solicited Fax Rule. Found no abuse of discretion in denying class certification in both cases, which were consolidated for appeal.




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Kendrick v. Conduent State and Local Solutions, Inc.

(United States Ninth Circuit) - Held that a proposed class action lawsuit challenging the Golden Gate Bridge toll-collecting system belonged in state court. Affirmed the remand of the case to state court after it was removed under the Class Action Fairness Act. The suit principally alleged unlawful collection of personal data.




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Jimenez-Sanchez v. Dark Horse Express, Inc.

(California Court of Appeal) - Held that the trial court erred in denying class certification to truck drivers bringing wage and hour claims against their employer. Reversed and remanded for further proceedings, explaining that errors were made in analyzing whether predominantly common issues existed.




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Kaplan v. Reed Smith LLP

(United States Second Circuit) - Addressed a fee dispute between two law firms that had served as co‐class counsel in a securities class action. Affirmed an order enjoining a state court lawsuit in which one of the firms brought claims against the other for tortious interference and unjust enrichment.




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B.K. v. Snyder

(United States Ninth Circuit) - Addressed class certification issues in a lawsuit brought by Arizona foster children who alleged that they were deprived of required medical and other services as a result of statewide policies and practices. Affirmed a class certification order in part and vacated it in part.




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Timlick v. National Enterprise Systems, Inc.

(California Court of Appeal) - Held that a debt collector could cure its failure to use a minimum type-size in consumer collection letters. However, this did not justify the dismissal of the entire class action complaint here. Reversed and remanded.




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Home Depot U.S.A., Inc. v. Jackson

(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.




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In Re Hyundai and Kia Fuel Economy Litigation

(United States Ninth Circuit) - In an en-banc decision, affirmed the approval of a class action settlement in a multidistrict litigation brought against two automobile manufacturers, which had been accused of making misrepresentations about their vehicles' fuel economy. Also upheld attorney fee awards, rejecting objectors' challenges.




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Mirkin v. XOOM Energy, LLC

(United States Second Circuit) - Partially affirmed, partially reversed. A class action suit against energy providers was dismissed and a post-judgment request for leave to amend was refused. Plaintiffs should have been allowed to amend their complaint and their proposed amended complaint stated plausible claims.




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Senne v. Kansas City Royals Baseball

(United States Ninth Circuit) - Affirmed in part, reversed in part. Minor league baseball players seeking class status in an action under the Fair Labor Standards Act appeal the denial of class certification in Arizona and Florida. The panel held certification is appropriate and consistent with “the great public policy” embodied by the FLSA.




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HAPPY BIRTHDAY! DISKERY TURNS 20!

Diskery.com Celebrates 20 Years On-line!




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HAWKWIND Collaborator MICHAEL MOORCOCK & THE DEEP FIX Release Third Studio Album

British Author/Musician MICHAEL MOORCOCK Releases Live At The Terminal Café.




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U.K. Rockers Tomorrow Is Lost Sign With Eclipse Records

U.K. Rockers Tomorrow Is Lost Sign With Eclipse Records




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International Duo Channels Past And Present To Win Best Rock Act At World’s Largest Indie Music Awards

Follow No One, Colorado-based Vocalist Rich Hall And Portuguese Guitarist Pedro Murino Almeida, Won Best Rock Act At The 2019 JMAs In Dollywood.




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Big E And The Wild Hairs Release New Single 'Kiss Of Death'

The Music Artists Known As Big E And The Wild Hairs Have Released Their Latest Single, “Kiss Of Death.”




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Tribute Album & Shows To Original Genesis Guitarist Anthony Phillips By Rocking Horse Music Club Announced

Rocking Horse Music Club Presents The Music Of Anthony Phillips Feat. Guest Appearances By Steve Hackett, John Hackett, Nick Magnus, Kate St. John, John Helliwell & Others.




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Alt Rock Band Last Kiss Goodnight To Release Much-Anticipated Debut Album Immortal After Immediate Success At Radio

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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Prog Legends Nektar Release New Single “SkyWriter”

Available On 12-inch Vinyl, CD Single And Digitally.




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DeFox Records Launch Card Disk

Respecting The Environment And A More Sustainable Future, Against Waste And The Use Of Plastic, DeFox Records Will Launch A Special Limited Edition Of Card Disk On The Market.




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Donna Cristy Releases New Single 'Lies Wit My Shake'

The Music Artist Known As Donna Cristy Has Released Her Latest Single, “Lies Wit My Shake.”




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Watchout Drake Gotchi Has Got You....

Watch Out Drake! Another Hot Hip Hop Artist Is Coming Out Of Canada! GOTCHI




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NoFaceNors Releases New Full-length Album 'Nacho Pack Vol. 1'

The Music Artist Known As NoFaceNors Has Released His Latest Full-length Album, “Nacho Pack Vol. 1.”




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LittleT Makes Big Waves

New Upcoming Artist LittleT Has Got The Attention Of Some Industry Pros




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Black Sky Capital, LLC v. Cobb

(Supreme Court of California) - Interpreting Code of Civil Procedure section 580d, the California Supreme Court held that a creditor holding two deeds of trust on the same property may recover a deficiency judgment on the junior lien extinguished by a nonjudicial foreclosure sale on the senior lien.




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People v. Erskine

(Supreme Court of California) - On an automatic appeal, affirmed a death judgment imposed for the first-degree murders of two people.




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Southern California Gas Leak Cases

(Supreme Court of California) - Held that businesses may not recover compensation for purely economic losses suffered from mere proximity to an industrial accident (a massive, months-long leak from a natural gas storage facility). Negligence law did not provide them a remedy for income lost because of the leak, in this case where they alleged no property damage or personal injury.



  • Oil and Gas Law
  • Injury & Tort Law

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In re Cook

(Supreme Court of California) - Clarified the procedure that must be followed by a prison inmate who wishes to preserve evidence for a youth offender parole hearing, which is a special proceeding held during the 25th year of incarceration for certain juveniles sentenced as adults. The preserved evidence can concern their characteristics and circumstances at the time of the offense.




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Chen v. LA Truck Centers, LLC.

(Supreme Court of California) - Reversed. Plaintiffs brought a tort action against Defendants for a fatal tour bus accident that occurred in Arizona. The parties originally included plaintiffs from China and defendants from Indiana and California. The trial court determined that Indiana law governed the suit. Before trial a settlement was reached with the Indiana defendant. A Motion in Limine was brought to reconsider the choice of law because of the settlement. The Supreme Court held that a settlement did not require the trial to reconsider the choice of law.