w

Braves' Hamels: Playing without fans will feel like 'biggest tryout' of career




w

Roberts knew he'd be deemed 'a puppet' when he took Dodgers job




w

Pirates' Musgrove doesn't want pay cut: 'We don't get a raise' for sellouts




w

Yankees president: Fans should be eased in once allowed to return




w

Report: Some MLB execs believe revenue sharing would be best for 2020




w

GOAT Uniforms: Nostalgia galore as we hit halfway mark of our countdown




w

Ranking World Series champs since 2000: 10-6




w

Halladay's wife: Roy was addicted to painkillers late in career with Phillies




w

Wainwright wants to play with Cardinals in 2021: 'I'm not done yet'




w

MLB podcast: KBO gets underway, MLB tells players to prepare




w

Florida governor: Attending Marlins games is 'social distancing anyways'




w

WATCH: Classic ⚾: McCutchen caps 6-hit effort with walk-off HR in 14th




w

Ranking World Series champs since 2000: 5-1




w

Golf world reacts to death of Kobe Bryant




w

World Golf Ranking paused while professional tours take break




w

Golf betting preview: Women's Cactus Tour




w

2020 Augusta National Women's Amateur canceled




w

Dr. Fauci: Sports can return in 2020 without fans in attendance




w

36 days until golf: Michelle Wie West returns to winner's circle in style




w

Watch the 2019 DCI World Championship Prelims live in theatres

The Drum Corps International World Championship Prelims will be shown live in more than 500 theatres on Thursday, August 8 when Big, Loud and Live 16 begins at 6:30 PM Eastern.




w

Mbappe wants to share Ligue 1 Golden Boot with Ben Yedder




w

Juventus director hints at Pjanic-Arthur swap with Barcelona




w

Report: Atletico's Partey wants to join Arsenal




w

Koeman fine after heart procedure: 'That was quite a shock'




w

Barcelona back in training after nearly 2 months away




w

In re marriage of Perow and Uzelac

(California Court of Appeal) - Affirmed an award of sanctions in the form of attorney fees in a marital dissolution proceeding. Addressed a procedural issue related to bringing a motion for sanctions in this context.




w

In re Marriage of Wong

(California Court of Appeal) - Held that a party had appealed nonappealable orders. Dismissed the appeal, in relevant part, in a dispute between the first and second wives of a deceased man regarding ownership of certain assets.




w

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.




w

In re C.W.

(California Court of Appeal) - Reversed orders that terminated a dependency case and awarded sole legal and physical custody to the father in Louisiana.




w

In re E.W.

(California Court of Appeal) - Affirmed. The juvenile court awarded the father sole legal and physical custody and ordered that the mother have no visitation with the child. The mother appealed the order arguing that the juvenile court had no jurisdiction to make such an order because the child resides in South Carolina. The appeals court held that the initial child custody determination was made in California and that California courts retained exclusive and continuing jurisdiction.




w

In re A.W.

(California Court of Appeal) - Order terminating parental rights and freeing child for adoption was reversed and remanded for determination of whether the child is a Chukchansi Indian. If child found to be an Indian child as defined by the Indian Child Welfare Act, juvenile court ordered to proceed in accordance with ICWA.




w

New York State Citizens’ Coal. For Children v. Poole

(United States Second Circuit) - Denied. In a 6-5 vote, the panel majority declines to rehear the case en banc, holding that the Adoption Assistance and Child Welfare Act of 1980 creates a privately enforceable right for foster parents to sue states for costs related to child care. Five judges dissent.




w

Congregational Rabbinical College of Tartikov, Inc. v. Town of Ramapo

(Court of Appeals of New York) - In a dispute arising from the revocation of plaintiff's religious tax exempt status, RPTL section 420-a (1)(a), judgment of the appellate division reversing revocation is affirmed, because defendant-township failed to prove its burden that the subject property is now subject to taxation where the sole use of the property has been the operation of a summer camp with a religious curriculum.




w

Blaudziunas v. Edward Cardinal Egan

(Court of Appeals of New York) - In an appeal from a judgment of the appellate division affirming the dismissal of plaintiff's action to enjoin demolition of a church building, judgment is affirmed because Section 5 of the Religious Corporations Law vests approval authority for all actions taken by the trustees of an incorporated Catholic church in the archbishop or bishop of the diocese to which that church belongs, and therefore does not require that the demolition of the church be authorized by the parishioners.




w

Regional Economic Community Action Program, Inc. v. Enlarged City School District of Middletown

(Court of Appeals of New York) - In a tax-exempt charitable organization's action against a school district seeking to recoup erroneously paid taxes, summary judgment in favor of the school district is affirmed, where: 1) the school district was entitled to rely on the one-year statute of limitations in Education Law section 3813(2-b) rather than the general six-year period for contract actions; and 2) the taxpayer's cause of action for money had and received accrued when it paid the taxes, which was more than one year before it filed suit.




w

Lefemine v. Wideman

(United States Supreme Court) - In plaintiffs' section 1983 suit against several police officers alleging that the prohibition of carrying pictures of aborted fetuses during their demonstrations violated their First Amendment rights, the Fourth Circuit's judgment affirming the district court's grant of plaintiffs' motion for a permanent injunction but denial of attorney's fees, on the ground that plaintiff is not a prevailing party because he did not secure monetary damages, is vacated and remanded where a plaintiff "prevails" when actual relief on the merits of his claim materially alters the legal relationship between the parties by modifying the defendant's behavior in a way that directly benefits the plaintiff. Here, the injunction ordered the defendant officials to change their behavior in a way that directly benefited the plaintiff.




w

Cannan Taiwanese Christian Church v. All World Mission Ministries

(California Court of Appeal) - In an unlawful detainer action between two non-profit religious organizations, trial court's order compelling defendant's pastor, who was not a party to the action, to sign the written settlement agreement in his individual capacity, is reversed and remanded where: 1) the parties' oral settlement agreement did not require the pastor to release any personal claims against the plaintiff or sign a written agreement purportedly conforming to the oral settlement in his individual capacity; and 2) the trial court lacked jurisdiction over the pastor.



  • Contracts
  • Dispute Resolution & Arbitration
  • Property Law & Real Estate
  • Tax-exempt Organizations

w

Jewish Community Centers Develop. Corp. v. County of Los Angeles

(California Court of Appeal) - In a property tax refund action based on the welfare exemption set forth in Revenue and Taxation Code section 214, the trial court's judgment in favor of plaintiff is affirmed where: 1) the State Board of Equalization's (SBE) interpretation of section 214 was clearly erroneous; 2) the SBE's advisory rule regarding who must file a welfare exemption is not binding and therefore should not be given independent legal effect; and 3) the County failed to establish that the trial court should have denied a tax refund because plaintiff's claims were tardy and its claim forms were incomplete.



  • Tax-exempt Organizations
  • Property Law & Real Estate
  • Tax Law

w

Advocate Health Care Network v. Stapleton

(United States Supreme Court) - In a class action under the Employee Retirement Income Security Act of 1974 (ERISA) against church-affiliated nonprofits that run hospitals and other healthcare facilities, brought by current and former employees of the hospitals, alleging that the hospitals' pension plans do not fall within ERISA's church-plan exemption because they were not established by a church, the Seventh Circuit's judgment affirming the District Court's decision that a plan must be established by a church to qualify as a church plan, is reversed where a plan maintained by a principal-purpose organization qualifies as a 'church plan,' regardless of who established it.



  • Tax-exempt Organizations
  • Labor & Employment Law
  • ERISA

w

J.W. v. Watchtower Bible and Tract Society of New York, Inc.

(California Court of Appeal) - Affirmed a $4 million default judgment against the Jehovah's Witness religious organization, in a lawsuit brought on behalf of a child who allegedly was sexually molested by a congregation elder. The default judgment was a sanction for the religious organization's refusal to produce certain documents in discovery.




w

Su v. Stephen S. Wise Temple

(California Court of Appeal) - Revived the California Labor Commissioner's lawsuit alleging that a preschool operated by a religious congregation violated wage-hour laws. Held that the preschool teachers were not considered ministers and, therefore, were not covered by a constitutional doctrine that prevents ministers from bringing certain types of claims against their employers. Reversed a summary judgment ruling.




w

St. Joan Antida High School Inc. v. Milwaukee Public School District

(United States Seventh Circuit) - Revived a parochial school's claim that its students were being denied state‐funded bus transportation equivalent to public-school students, contrary to Wisconsin law and the Equal Protection Clause. Reversed summary judgment in relevant part and remanded.




w

Brown v. Pacifica Foundation, Inc.

(California Court of Appeal) - Held that a board member of a nonprofit corporation was not entitled to a preliminary injunction barring her from being removed from the board. Reversed a preliminary injunction, in this case involving a nonprofit that operates public radio stations.




w

Slep-Tone Entertainment Corp. v. Wired for Sound Karaoke and DJ Servs., LLC

(United States Ninth Circuit) - In a suit for trademark infringement and unfair competition brought under the Lanham Act by a producer of karaoke music tracks, alleging that the defendants performed karaoke shows using unauthorized 'media-shifted' files that had been copied onto computer hard drives from the compact discs released by the plaintiff, the district court's dismissal is affirmed where plaintiff did not state a claim under the Lanham Act because there was no likelihood of consumer confusion about the origin of a good properly cognizable in a claim of trademark infringement.




w

Daniel v. Wayans

(California Court of Appeal) - In an action brought by an actor who was employed as an extra in a movie entitled, A Haunted House 2, alleging that he was the victim of racial harassment because during his one day of work on the movie he was compared to a Black cartoon character and called a racial slur, the trial court's grant of defendant's anti-SLAPP motion to strike, Code of Civil Procedure section 425.16, is affirmed where plaintiff's claims arose from defendant's constitutional right of free speech because the core injury-producing conduct arose out of the creation of the movie and its promotion over the Internet.




w

Santopietero v. Howell

(United States Ninth Circuit) - In an action in which a street performer-plaintiff and her friend, both dressed in 'sexy cop' costumes, posed with pedestrians on the Las Vegas Strip and accepted tips in exchange for photos, alleging plaintiff was unlawfully arrested for conducting business without a license, in violation of her First Amendment rights, the district court's summary judgment in favor of Las Vegas Metropolitan Police Department officers is reversed in part where: 1) the full First Amendment protections accorded to plaintiff's own activities did not lapse because of what her friend said or did without plaintiff's direct participation; and 2) plaintiff associated with her friend only for expressive activity protected under Berger v. City of Seattle, 569 F. 3d 1029 (9th Cir. 2009) (en banc), and the district court erred by deciding that the officers had probable cause to arrest plaintiff despite the First Amendment protections afforded to her expressive association.




w

Benaroya v. Willis

(California Court of Appeal) - Reversing a trial court judgment relating to a motion picture company's contract to pay Bruce Willis to perform in a movie because the owner of the company was joined to arbitration despite his not having been named personally in the arbitration agreement relating to the never-produced movie Wake.




w

Wilson v. Dynatone Publishing Co.

(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.




w

National Association of African American-Owned Media v. Charter Communications, Inc.

(United States Ninth Circuit) - Held that an African American-owned operator of television networks sufficiently pleaded a claim that a cable television operator refused to enter into a carriage contract based on racial bias, in violation of 42 U.S.C. section 1981. Also, the section 1981 claim was not barred by the First Amendment. On interlocutory appeal, affirmed denial of a motion to dismiss.




w

MDQ, LLC v. Gilbert, Kelly, Crowley and Jennett LLP

(California Court of Appeal) - In an interpleader action, addressed a dispute among parties connected to the production of a Tony-award winning Broadway musical. Held that a judgment creditor's lien had priority over an unperfected security interest. Affirmed the judgment below.