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Ashton was born to be a gymnast

Swinging, climbing, and taking risks has always been in Ashton Jamieson’s nature. So his parents made the decision early on to enrol him in gymnastics.




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Little Portugal erupts after UEFA win

They call it Sydney’s Little Portugal, but football fans in Petersham this morning are making a big noise after their team won the UEFA 2016 Cup in France.




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Bruno chases titles for Wanderers

WESTERN Sydney Wanderers’ newest recruit - Bruno Piñatares - has arrived from South America with a burning ambition “to win as many titles as possible”.




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Imer pulls on green-and-yellow for Rio

Australian hockey star Adam Imer will be pulling on the green-and-yellow of Brazil this August and is heading to the Olympic Games where his biggest challenge will be taking on the Aussies.




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Sam makes a splash in diving world

Sam Fricker only took up diving “seriously” three years’ ago, but he’s already a star of the sport.




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Ben Morrison is a Wanderers net-finder

FINDING the net for the Wanderers fulfilled one of teenage soccer star Ben Morrison’s dreams — but he has higher goals in his sights.




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ATO green light for Gosford waterfront

THE controversial ATO building proposed for the Gosford waterfront has received the green light, but not without major criticism of the city’s former council for failing to deliver a performing arts precinct.




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Wicks claims Robertson victory

THE WAITING is over for voters in the marginal seat of Robertson, with Liberal MP Lucy Wicks claiming victory three days after election day, despite an evident swing to Labor.




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Kiebala v. Boris

(United States Seventh Circuit) - Affirmed. The district court did not err in permitting a self represented defendant to amend his complaint to avoid dismissal or in holding that a libel complaint is barred by the statute of limitations in a lawsuit relating to a luxury auto timeshare scheme.




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Crump v. Superior Court

(California Court of Appeal) - Petition for writ of mandate is denied. Remanded to consider restitution. Los Angeles County filed a misdemeanor criminal complaint against SoCalGas for a natural gas leak that continued for months and caused damage to residents. The criminal charges were resolved by a plea agreement, where a no contest plea was entered to the charge of failure to immediately report gas leak. Plaintiffs sought to set aside plea agreement and seek restitution under the California Constitution. The appeals court held that victims do not have a right to appeal a criminal case judgment, but they do have a right to restitution. However, restitution is only available for crimes where there is an actual conviction.



  • Oil and Gas Law
  • Injury & Tort Law

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Williams v. Fremont Corners, Inc.

(California Court of Appeal) - Affirmed. Plaintiff sued for negligence and premises liability for an assault that injured him in the Defendant's parking lot. The trial court found that Plaintiff had not met his burden of showing foreseeability of violent criminal assaults. Therefore, Defendant did not have a legal duty to implement additional security measures to prevent possible third-party conduct.




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Hollingsworth v. Superior Court

(California Court of Appeal) - Vacated. Plaintiff, the heir of an employee who was killed in a work place accident, filed a complaint alleging that the employer did not have workers compensation insurance. The employer filed a demurrer and sought adjudication with the Workers Compensation Board. The trial court stayed the civil case to allow the WCAB to decide the issue. The Appeals court held that when a civil action and a workers’ compensation proceeding are concurrently pending, the tribunal first assuming jurisdiction should have exclusive jurisdiction. The trial court erred by staying the civil case and the WCAB erred by proceeding without deference to the trial court. Order staying civil case is vacated and WCAB proceedings stayed.




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Tauscher v. Phoenix Board of Realtors, Inc.

(United States Ninth Circuit) - Reversed summary judgment in favor of the Defendant. Plaintiff brought suit against Defendant under the Americans with Disabilities Act. Plaintiff, who is deaf, requested an American Sign Language interpreter at Defendants' continuing educations courses. Held that while a public accommodation must furnish appropriate assistance to individuals with disabilities, specific aid is not required, but there was an issue of material fact as to whether effective communication was offered to Plaintiff even if different than that requested.




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Longoria v. Hunter Express Ltd.

(United States Fifth Circuit) - Vacated and remanded. A $2.8 million verdict in a car accident and injury case was vacated because there was no evidence to support an award for future mental anguish or future pain and suffering.




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People v. Superior Court

(California Court of Appeal) - Denied District Attorney’s writ of mandate to declare Senate Bill No. 1391 unconstitutional. Juvenile offender, T.D., shot and killed someone when he was 14. The DA filed charges against T.D. directly as an adult. While the case was pending, Proposition 57 was passed to eliminate the DA’s ability to charge minors 14 or younger as adults. Later, SB No. 1391 was passed that prohibited transfers of 14 -15 year-olds to criminal court. The Appeals court found that SB No. 1391 was not unconstitutional and that it was consistent with the intent of Prop 57.




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Timm v. Goodyear Dunlop Tires North America

(United States Seventh Circuit) - Affirmed. A lawsuit arising from a terrible motorcycle accident that alleged defects in the tires and helmets involved failed because the plaintiffs didn't present admissible expert testimony to support their claims.




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In Re: Deepwater Horizon

(United States Fifth Circuit) - Affirmed. The magistrate judge and district court properly denied the claims of a group of fishermen to a portion of the punitive damages settlement granted to a class of claimants alleging harm as a result of the Deepwater Horizon oil spill because the court was bound to precedent, the plain language of the settlement, and a deferential standard of review.




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Capitol Services Management v. Vesta Corp.

(United States DC Circuit) - Reversed and remanded. The district court's dismissal of a tort claim as time barred was in error because at the motion to dismiss stage dismissal for statute of limitations is only possible if the plaintiff's claims are conclusively time barred on the face of the complaint.




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Voris v. Lampert

(Supreme Court of California) - Affirmed. Plaintiff successfully brought an action against Defendant for contract-based and statutory remedies for nonpayment of wages. On appeal Plaintiff sought to hold Defendant personally liable under a theory of common law conversion. The appeals court held that such a conversion claim is not the appropriate remedy.



  • Injury & Tort Law
  • Labor & Employment Law
  • Contracts

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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.




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Fuller v. Department of Transportation

(California Court of Appeal) - Affirmed. Plaintiff was injured in a head-on traffic accident that he alleged was partially caused by a dangerous road condition. The jury found that a dangerous condition existed but it was not a reasonably foreseeable risk that this kind of incident would occur. The appeals court agreed and affirmed the judgment in favor of the Defendant.




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In Re: App of George W. Schlich v. Board Institute

(United States First Circuit) - Affirmed. Plaintiff appealed from a decision to deny his petition for discovery under 28 USC section 1782, which allows a party t petition for discovery for use in a foreign proceeding. Plaintiff sought certain materials to be used in opposition proceedings before the European Patent Office. The district court held that under Intel Corp v. Advanced Micro Devices, 542 US 241 that the material sought was irrelevant and would not be used by the EPO. The appellate court affirmed.




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Kiobel v. Cravath, Swain & Moore, LLP

(United States Second Circuit) - Reversed an order which had allowed the plaintiff to subpoena documents from a U.S. law firm for use in litigation against Royal Dutch Shell in the Netherlands. The appeals court held that Shell's American counsel should not be compelled to deliver documents that would not be discoverable abroad and that were in counsel's hands solely because they were sent to the U.S. for the purpose of American litigation. The appeals court further determined that the district court abused its discretion under 28 U.S.C. section 1782 when it permitted the plaintiff to subpoena the documents.




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Petersen Energía Inversora, S.A.U. v. Argentine Republic

(United States Second Circuit) - Affirmed the denial of a motion to dismiss based on foreign sovereign immunity under the Foreign Sovereignty Immunity Act in a securities lawsuit filed by the shareholder of an Argentine petroleum company against the Argentine Republic which held a majority of shares in the company. In affirming the denial and rejecting the claim of sovereign immunity, the appeals court noted that the plaintiff was seeking relief for injuries caused by commercial, rather than sovereign, activity.




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Stoyas v. Toshiba Corp.

(United States Ninth Circuit) - Reversed the dismissal of a shareholder class action against Toshiba Corp. filed by investors who alleged securities fraud. The district court dismissed their claims on jurisdictional grounds and, on appeal, the plaintiffs argued that the district court misapplied principles regarding extraterritorial applicability of U.S. securities laws set forth in Morrison v. Nat'l Australia Bank Ltd., 561 U.S. 247 (2010). The Ninth Circuit agreed with plaintiffs and reversed and remanded with instructions to allow the plaintiffs to amend their shareholder complaint against the Japanese firm to overcome the jurisdictional hurdle.




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Saher v. Norton Simon Museum of Art

(United States Ninth Circuit) - Affirmed an art museum's title to two oil paintings that the Nazis had stolen from the plaintiff's father-in-law during World War II. The plaintiff sued the museum to recover the two Renaissance masterpieces, but the museum insisted it had good title because the Dutch government validly conveyed the paintings after the war to the person who sold them to the museum. Concluding that the act-of-state doctrine applied here, the Ninth Circuit affirmed summary judgment in favor of the museum.




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US v. Ancient Coin Collectors Guild

(United States Fourth Circuit) - Affirmed a judgment ordering forfeiture to the United States of seven ancient Cypriot coins and eight ancient Chinese coins. A numismatist organization that opposed import restrictions on ancient coins argued that the forfeiture order imposed in connection with international rules on ownership of cultural property was improper. However, the Fourth Circuit rejected each of the organization's contentions of error.




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Doe v. JPMorgan Chase Bank, N.A.

(United States Second Circuit) - Held that a torture victim who had obtained a court judgment against a terrorist organization was not entitled to attach funds from the organization's blocked electronic fund transfers. The torture victim wanted several banks to turn over $36 million to him in order to satisfy a court judgment he had obtained against the terrorist organization in a U.S. court. In a 2-1 decision affirming the district court, the Second Circuit held that the punitively sanctioned organization's blocked assets were not subject to attachment.




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Sexual Minorities Uganda v. Lively

(United States First Circuit) - Held that a defendant who won a summary judgment motion could not appeal to challenge unflattering statements found in the trial judge's opinion. In this tort lawsuit brought by a Ugandan gay-rights organization, the defendant religious leader successfully obtained summary judgment by arguing lack of extraterritorial jurisdiction but then appealed. The First Circuit concluded that a winner cannot appeal a judgment merely because there are passages in the court's opinion that displease him or her.




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Packsys, S.A. de C.V. v. Exportadora De Sal, S.A. de C.V.

(United States Ninth Circuit) - Affirmed dismissal of a breach-of-contract suit against a Mexican-government-owned salt production company (ESSA) on sovereign immunity grounds. The plaintiff corporation alleged that ESSA breached a long-term, multimillion-dollar contract to sell the briny residue of its salt production process. Agreeing with the district court, the Ninth Circuit held that ESSA was immune from suit in the United States because it is a foreign state for purposes of the Foreign Sovereign Immunities Act, and neither the commercial-activity exception nor other exceptions applied here.




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Sea Breeze Salt, Inc. v. Mitsubishi Corp.

(United States Ninth Circuit) - Held that an antitrust lawsuit was barred by the act-of-state doctrine. The plaintiff corporations alleged that a Mexican-government-owned salt production company engaged in an antitrust conspiracy with a Japanese company. Affirming dismissal of the complaint, the Ninth Circuit held that the lawsuit was fundamentally a challenge to Mexico's determination about the exploitation of its own natural resources and thus was barred by the act-of-state doctrine, which precludes adjudication of the sovereign acts of other nations in U.S. courts.




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Jam v. International Finance Corp.

(United States Supreme Court) - Held that an international organization did not have as much immunity from lawsuits as it contended it did. The U.S.-headquartered organization was being sued in connection with its financing of a development project in India that allegedly created damaging pollution. The U.S. Supreme Court concluded that the organization's immunity was the same as foreign governments enjoy today under the Foreign Sovereign Immunities Act, in a 7-1 decision interpreting the International Organizations Immunities Act. Chief Justice Roberts delivered the Court's opinion. Justice Kavanaugh took no part in the decision.




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Whyenlee Industries Ltd. v. Superior Court (Huang)

(California Court of Appeal) - Refused to quash service of a summons on a company in Hong Kong. The company contended that the service did not adhere to proper Hong Kong procedures and was invalid under international law. Disagreeing, the California Court of Appeal denied writ relief.




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Eliahu v. Jewish Agency for Israel

(United States Second Circuit) - Held that four divorced men could not proceed with their lawsuit accusing Israeli government officials and others of misconduct in connection with their divorce proceedings and child support orders. Affirmed a dismissal based partly on lack of subject matter jurisdiction and partly on failure to state a claim.




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Estate of Klieman v. Palestinian Authority

(United States DC Circuit) - Held that the court lacked personal jurisdiction over the Palestinian Authority and Palestinian Liberation Organization, in this lawsuit brought by the estate of an American schoolteacher who was killed in a terrorist attack in the West Bank. Affirmed a dismissal, finding that the recently enacted Anti-Terrorism Clarification Act of 2018 did not apply here.




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Sokolow v. Palestine Liberation Organization

(United States Second Circuit) - Held that eleven American families could not revive their lawsuit against the Palestinian Authority and others for various terror attacks in Israel that killed or wounded the plaintiffs or their family members. The plaintiffs relied on the 2018 enactment of the Anti-Terrorism Clarification Act, but the statute did not warrant the extraordinary remedy of recalling the mandate in this already completed case, which had been dismissed on procedural grounds.




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Palm Finance Corp. v. Parallel Media LLC

(California Court of Appeal) - Affirmed. Plaintiff sought to enforce a judgment against Defendant in the Senior courts of England and Wales. The issue on appeal was the admissibility of a certain document. The appeals court determined that the document was rightly admitted by the trial court.




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Jeffrey Siegel, et al. v. HSBC North America Holdings, Inc. and HSBC Bank USA, N.A.

(United States Second Circuit) - Affirmed. The district court granted Defendants’ motion to dismiss for failure to state a claim. Plaintiffs failed to plausibly allege that the defendants knowingly aided or abetted November, 2005 attacks in Jordan.




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DeJoria v. Maghreb Petroleum Exploration, S.A.

(United States Fifth Circuit) - Affirmed. The district court was within its discretion to deny recognition to a Moroccan judgment against a haircare and liqour tycoon in a lawsuit relating to a failed energy provision agreement.




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Asahi Kasei Pharma Corp. v. Actelion Ltd.

(California Court of Appeal) - Judgment for plaintiff in an action alleging intentional interference with a License Agreement, interference with plaintiff's prospective economic advantage, breach of a confidentiality agreement, and breach of confidence, arising out of defendant Actelion's notice to plaintiff that following its acquisition of defendant CoTherix, defendant Co-Therix's would discontinue development of plaintiff's drug for "business and commercial reasons," is affirmed, where: 1) defendant Actelion, by virtue of its ownership interest, is not automatically immune from tortious interference with the License Agreement; 2) the jury was properly instructed on the elements of wrongful interference with contract and properly charged with considering whether defendants "used unlawful means to interfere with the License Agreement;" and 3) the manager's privilege does not exempt a manager from liability when he or she tortiously interferes with a contract or relationship between third parties.




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Busse v. United Panam Financial Corp.

(California Court of Appeal) - Dismissal of an action brought by plaintiff-minority shareholders for "rescissionary damages" based on breach of fiduciary duty by defendants with respect to a proposed buyout of defendant-company, is: 1) affirmed in part, where under Corporations Code section 1312(b), in common control situations, dissenting minority shareholders have the remedy of appraisal unless they elect the remedy of stopping or rescinding the reorganization but they do not have any right to sue for damages for breach of fiduciary duty; but 2) reversed in part and remanded, where plaintiffs have never withdrawn their alternative request to set aside the merger.




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Apex LLC v. Korusfood.com

(California Court of Appeal) - The trial court's order granting plaintiff's motion for attorney fees incurred in a prior appeal is affirmed, where: 1) the order granting plaintiff's motion for attorney fees is directly appealable under the collateral order doctrine; and 2) the trial court did not err by awarding attorney fees against defendant because substantial evidence supported a finding that defendant stepped into the shoes of its predecessors the parties to the credit applications that included the attorney fees provision on which the award of attorney fees was based.




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Feldman v. Law Enforcement Associates

(United States Fourth Circuit) - Summary judgment in favor of defendants on plaintiff's claims that he was unlawfully terminated from his employment in retaliation for protected activity under the Sarbanes-Oxley Act of 2002 is affirmed, where plaintiff failed to sufficiently establish that his alleged protected activities were a contributing factor to his termination.




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Trinity Wall Street v. WalMart Stores Inc.

(United States Third Circuit) - In a suit brought by a shareholder of retailer-defendant, seeking to include its proposal in defendant's proxy materials for shareholder consideration, the district court's judgment in favor of plaintiff ordering the inclusion of the proposal into the proxy materials is reversed where the proposal, which goes to the heart of defendant's business, is excludable under the "ordinary business" exclusion of SEC Rule 14a-8(i)(7), 17 C.F.R. section 240.14a-8(i)(7).




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Alphonse Hotel Corporation v. Tran

(United States Second Circuit) - In an action concerning a property lease and a purported joint venture agreement entered into between a son and his father, the now-deceased former president and majority shareholder of a real estate development corporation, seeking damages for the son's use and occupancy of the property and a judgment declaring that the lease and joint venture agreement were void, the District Court's rulings denying the son's discovery requests and granting summary judgment to corporate-plaintiff are affirmed where: 1) the lease was void as a gift or act of corporate waste; and 2) the parol evidence rule applies in this case and the integration clause in the lease retains its preclusive effect, thus the purported joint venture agreement is unenforceable.




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Applied Medical Corporation v. Thomas

(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.




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Central Laborers Pension Fund v. McAfee, Inc.

(California Court of Appeal) - Affirming the trial court's summary judgment as to nine outside directors of McAfee in a class action corporate malfeasance case relating to the company's merger with Intel in which former public shareholders alleged an unfair process contaminated by conflicts that resulted in an undervalued price at sale, but reversing the judgment as to the former CEO and the corporate defendants




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JPMorgan Chase Bank, National Association, respondent, v. Elida Nellis, appellant, et al., defendants. (Appeal No. 1)

(NY Supreme Court) - 2017–04429 2018–04808 Index No. 4054/13




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GONZALEZ v. ZAKI AUTO SALES CORP

(NY Supreme Court) - 2019-06933 (Index No. 508155/15)




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Seth Korman, et al., appellants, v. Roberta D. Corbett, etc., respondent, et al., defendants.

(NY Supreme Court) - 2019–04234 Index No. 523834/18