y

Sturm v. Moyer

(California Court of Appeal) - In a case where a creditor sought to collect a judgment, held that California's Uniform Voidable Transactions Act may apply to a fraudulent agreement between spouses to prevent collection of the debt. The debtor's premarital agreement here said that each spouse's earnings and other property acquired during marriage would not become community property.




y

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.




y

County of San Diego Department of Child Support Services v. C.P.

(California Court of Appeal) - Held that a father was not entitled to an adjustment in the child support arrears that accrued during his incarceration in federal prison. Vacated the decision below and remanded for further proceedings in this family court matter.




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NY Citizens’ Coalition for Children v Poole

(United States Second Circuit) - Finding that a plaintiff had standing to sue in seeking adequate payment for foster parents and that plaintiff had a right to adequate payments.




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Raney v. Cerkueira

(California Court of Appeal) - In a marital dissolution proceeding, addressed whether a written instrument severing a joint tenancy in real property was effective. Affirmed the decision below.




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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.




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Kennedy v. St. Joseph's Ministries, Inc.

(United States Fourth Circuit) - In an interlocutory appeal from a judgment of the district court denying defendant's motion for summary judgment in a Title VII complaint alleging religious discrimination, judgment is reversed where the plain language of 42 U.S.C. section 2000e-1(a) bars plaintiff's claims.




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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.




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Minorty Television Project, Inc. v. Federal Communications Comm'n

(United States Ninth Circuit) - In a challenge to federal statutory restrictions on certain types of advertising by public broadcast TV stations, the district court's grant of summary judgment to the FCC is: 1) affirmed in part, where 47 U.S.C. section 399b(a)(1), restricting paid advertisements for goods and services on behalf of for-profit corporations, was not an unconstitutional speech restriction under the intermediate scrutiny standard; 2) reversed in part, where sections 399b(a)(2) and (3), restricting public-issue advertisements and political advertisements, were unconstitutional speech restrictions under intermediate scrutiny, as there was no evidence of harm to a substantial governmental interest.




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Ralphs Grocery Co. v. Missionary Church of the Disciples of Jesus Christ

(California Court of Appeal) - In a trespass suit brought by a grocery store against a church soliciting donations in front of the store, summary judgment in favor of the store is affirmed, where: 1) the church's solicitation was not protected by In re Lane (1969) 71 Cal.2d 872, because there was no relation between the church's expressive activities and the store's location; and 2) the church did not contend or present evidence to establish that the store or the sidewalk in front was a public forum within the meaning of Robins v. Pruneyard Shopping Center (1979) 23 Cal.3d 899.




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Headley v. Church of Scientology Int'l

(United States Ninth Circuit) - In a suit by two former ministers against the Church of Scientology claiming they were forced to provide labor in violation of the Trafficking Victims Protection Act, district court's judgment in favor of the defendant is affirmed, as the plaintiffs have not established a genuine issue of fact regarding whether they were victims of forced-labor violations. Moreover, the district court was right to recognize that courts may not scrutinize many aspects of the minister-church relationship in basing its rulings on the ministerial exception.




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Soc'y of the Holy Transfiguration Monastery, Inc. v. Archibishop Gregory of Denver

(United States First Circuit) - In a dispute between two monasteries for copyright infringement of a religious text, district court's judgment in favor of the plaintiff is affirmed, as the plaintiff has established both elements of an infringement claim of actual copying and actionable copying, and all of the defenses set forth by the defendant are without merit.




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In the Matter of State of Merry-Go-Round Playhouse, Inc. v. Assessor of City of Auburn

(Court of Appeals of New York) - In this case, petitioner, a not-for-profit theater corporation, filed applications for real property tax exemptions with respondent assessor and was denied. Petitioner then commenced this RPTL article 7 proceeding for review of its tax assessments. Order of the Appellate Division granting the petition is affirmed, where: 1) the statute does not elevate one exempt purpose over another, and under the circumstances, the use of property to provide staff housing is reasonable incidental to petitioner's primary purpose of encouraging appreciation of the arts through theater; and 2) petitioner has demonstrated that it is entitled to an RPTL 420-a tax exemption.



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

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In the Matter of State of Maetreum of Cybele, Magna Mater, Inc. v. McCoy

(Court of Appeals of New York) - In this case, petitioner, a not-for-profit religious corporation that owns real property, commenced proceedings pursuant to CPLR article 78 and RPTL article 7 after respondent Board of Assessment and Review for the Town of Catskill refused petitioner's applications for tax-exempt status pursuant to RPTL 420-a. The Appellate Division's grant of the petitions is affirmed, where petitioner adequately established its entitled to the RPTL 420-a exemption, as the proof at trial established that petitioner "exclusively" utilized the property in furtherance of its religious and charitable purposes.



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

y

City of Spokane v. Federal National Mortgage Association

(United States Ninth Circuit) - In this case, the district court's judgment in favor of defendants Federal National Mortgage Association and Federal Home Loan Mortgage Corporation, finding them statutorily exempt from state and local taxation of real property transfers and finding that Congress had the constitutional authority to exempt defendants from such taxation, is affirmed, where: 1) the transfer taxes at issue here are excise taxes, and the statutory carve-outs allowing for taxation of real property encompass only property taxes, not excise taxes; 2) because Congress had power under the Commerce Clause to regulate the secondary mortgage market, it had power under the Necessary and Proper Clause to ensure the preservation of defendant organizations by exempting them from state and local taxes; and 3) the exemptions do not violate the Tenth Amendment.




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Kim v. True Church Members of Holy Hill Community Church

(California Court of Appeal) - In a dispute between two factions of a church over control of church property, the trial court's judgment is affirmed over meritless claims that it erred: 1) when it found in favor of respondents based on appellants' excommunication from the Holy Hill Community Church (Church) by the Western California Presbytery (WCP); 2) by admitting evidence of events occurring after the cross-complaint was filed; and 3) when it prevented appellants' counsel from cross-examining a representative of the WCP whose testimony was sought by respondents.



  • Tax-exempt Organizations
  • Property Law & Real Estate

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Am. for Prosperity Found. v. Harris

(United States Ninth Circuit) - In an action brought by two nonprofit organizations challenging the California Attorney General's collection of IRS Form 990 Schedule B forms, containing identifying information for their major donors, under California's Supervision of Trustees and Fundraisers for Charitable Purposes Act, Cal. Gov't Code section 12584, the district court's preliminary injunction for plaintiffs is modified to prohibit making the information public but permit defendant to keep collecting the data for enforcement




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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

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Rollins v. Dignity Health

(United States Ninth Circuit) - In a putative class action against an employer, alleging it has not maintained its pension plan in compliance with the the Employee Retirement Income Security Act of 1974 (ERISA), 29 U.S.C. section 1001 et seq., the District Court's partial summary judgment in favor of plaintiff is affirmed where pension plan was subject to the requirements of the Employee Retirement Income Security Act and did not qualify for ERISA’s church-plan exemption.




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City and County of S.F. v. Regents

(California Court of Appeal) - In a case to decide whether the City and County of San Francisco can compel state universities that operate parking lots in the city to collect city taxes from parking users and remit them to San Francisco, the trial court's denial of the City's petition for writ of mandate is affirmed where the California Constitution's 'home-rule provision' -- which grants charter cities broad powers, including the power to tax -- does not create an exception to the long-recognized doctrine that exempts state entities from local regulation when they are performing governmental functions.




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Americans for Prosperity Foundation v. Becerra

(United States Ninth Circuit) - Upheld the constitutionality of California's requirement that charitable organizations must disclose the names and addresses of certain large contributors. Two nonprofit organizations contended that the disclosure requirement infringed their First Amendment right to free association. Disagreeing, the Ninth Circuit concluded that the disclosure requirement survived exacting constitutional scrutiny because it was substantially related to an important state interest in policing charitable fraud. The panel reversed and remanded for entry of judgment in the state's favor.




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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.




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Church of Our Lord and Savior v. City of Markham, Illinois

(United States Seventh Circuit) - Revived a church's claim that a city's zoning code violated federal and state statutes protecting religious freedom by treating religious uses of property on unequal terms with analogous secular uses and unreasonably limiting where religious organizations may locate in the city. Reversed a grant of summary judgment and remanded.



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

y

Gaylor v. Peecher

(United States Seventh Circuit) - Upheld an Internal Revenue Code provision that excludes housing allowances from ministers' taxable federal income. An advocacy group contended that the tax provision violates the First Amendment's Establishment Clause. Disagreeing, the Seventh Circuit held that the longstanding tax code exemption for religious housing is constitutional, reversing the district court.




y

Garcia v. Salvation Army

(United States Ninth Circuit) - Held that an employee of the Salvation Army could not proceed with her claims for retaliation and hostile work environment, because Title VII's religious organization exemption barred the claims. Also, it did not matter here that the Salvation Army had failed to timely raise the defense. Affirmed a summary judgment ruling.



  • Civil Rights
  • Tax-exempt Organizations
  • Labor & Employment Law

y

Constand v. Cosby

(United States Third Circuit) - In an appeal of a District Court order unsealing certain documents that reveal damaging admissions he made in a 2005 deposition regarding his sexual behavior, the District Court's order is vacated but the appeal is dismissed where resealing the documents would not provide defendant with any meaningful relief, and thus this appeal is moot.




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Cortes-Ramos v. Sony Corporation of America

(United States First Circuit) - In a suit alleging contract and intellectual property claims against a variety of companies affiliated with Sony Music Entertainment, concerning an original song and music video that plaintiff submitted to Sony as part of a songwriting contest sponsored by Sony, the District Court's dismissal of all claims and order compelling arbitration are affirmed where: 1) the claims were subject to mandatory arbitration under the Federal Arbitration Act; and 2) plaintiff failed to allege facts sufficient to support his claims under Fed. R. Civ. P. 12(b)(6).




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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.




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Douglas Jordan--Benel v. Universal City Studios, Inc.

(United States Ninth Circuit) - In the appeal of a breach of contract and copyright infringement case involving the movie 'The Purge,' the district court's denial of defendant's anti-SLAPP motion to strike a state law claim for breach of implied-in-fact contract, is affirmed where the breach of contract claim did not arise from an act in furtherance of the right of free speech since the claim was based on defendants' failure to pay for the plaintiff's idea, not the creation, production, distribution, or content of the films.




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Halleck v. Manhattan Community Access Corporation

(United States Second Circuit) - Affirming the dismissal for failure to state a claim allegations of First Amendment violations by the City of New York, but reversing as to Manhattan Community Access Corporation and its employees because public access TV channels are a public forum and the corporation and its employees were state actors when they fired workers who produced segments critical of the corporation.




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American Entertainers, LLC v. City of Rocky Mount, North Carolina

(United States Fourth Circuit) - Affirming the district court's rejection of First Amendment violation claims brought by an exotic dancing venue complaining that a city regulates sexually oriented businesses differently than it does mainstream performances such as ballets and concerts, that the law violates the Equal Protection Clause of the Fourteenth Amendment by barring 18 to 21 year olds from owning sexually oriented businesses, but finding that the district court erred in rejecting a claim that the denial provisions of the licensing regulation are an unconstitutional prior restraint, striking this provision from the Ordinance and remanding to consider its severability.




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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.




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Tanksley v. Daniels

(United States Third Circuit) - Affirmed the dismissal of a TV producer's complaint alleging that the popular Fox Television series Empire infringed his copyright in a television pilot he had created a decade earlier. Moving to dismiss, the defendants contended that there was no substantial similarity between the two television shows. Agreeing, the Third Circuit affirmed the dismissal of the complaint.




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Serova v. Sony Music Entertainment

(California Court of Appeal) - Held that a fan of the singer Michael Jackson could not proceed with her proposed class action lawsuit against an entertainment company and others for releasing a posthumous album that allegedly contained three fake tracks not actually sung by the popular singer. The defendants, who filed an anti-SLAPP motion, contended that the claims against them must be stricken. Agreeing with them, the California Second Appellate District reversed the trial court's denial of the anti-SLAPP motion in relevant part.




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Three Expo Events, LLC v. City of Dallas, Texas

(United States Fifth Circuit) - Held that a company had legal standing to challenge a city council resolution barring it from holding a controversial love- and sex-themed expo at the city's convention center. Reversed the district court's ruling on standing, which was based on the specific language of the resolution, in a case where the company asserted First Amendment, equal protection, and other claims against the city.




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Fahmy v. Jay-Z

(United States Ninth Circuit) - In an amended opinion, held that an Egyptian musical composer's heir could not sue the rapper Jay-Z and other defendants for copyright infringement. Jay- Z had sampled the composer's 1957 musical arrangement in one of his hit songs. Affirmed judgment as a matter of law for the defendants, concluding that the composer's heir lacked standing.




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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.




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Symmonds v. Mahoney

(California Court of Appeal) - Held that a rock star's decision to terminate his drummer implicated free speech rights. The fired drummer alleged that he was let go because of his age, disability or medical condition. Concluding that the rock star's decision was protected conduct, the California Court of Appeal reversed and remanded for further proceedings on the 80s-era star's (Eddie Money) anti-SLAPP motion.




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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.




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Guthrie Healthcare Systems v. ContextMedia, Inc.

(United States Second Circuit) - In a trademark suit brought by a provider of healthcare services against a provider of digital health-related content, the District Court's injunction which prohibited defendant from using its marks within plaintiff’s geographic service area, but placed no restriction on defendant's use of its marks on the Internet or outside plaintiff's service area, is affirmed but remanded for expansion of the injunction's scope, where the current limitations placed on defendant were based on an incorrect standard and fail to give plaintiff and the public adequate protection from likely confusion.




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Oriental Financial Group v. Cooperativa de Ahorro y Credit

(United States First Circuit) - In an infringement action to determine whether a Puerto Rico credit union infringed a bank's word mark and trade name ORIENTAL with its competing marks COOP ORIENTAL, COOPERATIVA ORIENTAL, ORIENTAL POP, and CLUB DE ORIENTALITO, the District Court's finding of non-infringement and refusal to enjoin their use is: 1) reversed as to COOP ORIENTAL, COOPERATIVA ORIENTAL, and ORIENTAL POP, where the district court's determination of non-infringement was clearly erroneous; and 2) affirmed where the district court's determination is supportable as to CLUB DE ORIENTALITO.




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Grayson O Co. v. Agadir Int'l LLC

(United States Fourth Circuit) - In a trademark and unfair competition action brought by a haircare product manufacturer and holder of a registered trademark against a competitor haircare product manufacturer, the district court's grant of summary judgment in favor of defendant is affirmed where plaintiff failed to show the marks were likely to be confused.




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Joseph Phelps Vineyards, LLC v. Fairmount Holdings, LLC

(United States Federal Circuit) - In a petition for cancellation of a trademark, brought by the owner of the INSIGNIA mark used to sell wines since 1978 against the registrant of the ALEC BRADLEY STAR INSIGNIA mark used for cigars and cigar products, the Trademark Trial and Appeal Board's denial of the petition is vacated and remanded for reconsideration where: 1) the Board erred in its legal analysis, in analyzing the 'fame' of INSIGNIA wine as an all-or-nothing factor, and discounting it entirely in reaching the conclusion of no likelihood of confusion as to source, contrary to law and precedent; and 2) as a result of this error, the Board did not properly apply the totality of the circumstances standard, which requires considering all the relevant factors on a scale appropriate to their merits.




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Parks LLC v. Tyson Foods, Inc.

(United States Third Circuit) - Affirming a summary judgment to the defendant Tyson Foods in a dispute involving their use of the word 'Parks' in reference to hotdogs where the plaintiff once held trademark on this word's use to sell hotdogs until it failed to renew the trademark in the early 2000's.




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In Re I.Am.Symbolic, LLC

(United States Federal Circuit) - Affirming the Trademark Trial and Appeal Board's affirmation of a US Patent and Trademark Office attorney's refusal to register the appellant's trademark on the ground of the likelihood of confusion with registered marks because the Board did not err in its determination of the likelihood of confusion.




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Twentieth Century Fox Television v. Empire Distribution, Inc.

(United States Ninth Circuit) - Affirming the district court's summary judgment in favor of Fox, holding that their use of the name 'Empire' was protected by the First Amendment and therefore was outside of the reach of the Lanham Act and their use of the word as a show title did not infringe on a record label's trademark rights.




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In Re: Tempnology, LLC

(United States First Circuit) - Affirming a bankruptcy court decision that the rejection of an executory contract left the plaintiff with only a pre-petition damages claim in lieu of any obligation by the debtor to further perform under a trademark license agreement.




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Royal Crown Co. v. Coca Cola Co.

(United States Federal Circuit) - Vacated and remanded a decision of the Trademark Trial and Appeal Board dismissing plaintiffs opposition to the registration of defendants trademarks including the term ZERO. The Federal Court of Appeals determined that the Board erred in legal framing of the question and failed to determine whether the marks were at least highly descriptive.




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Express Oil Change, L.L.C. v. Mississippi Board of Licensure for Professional Engineers and Surveyors

(United States Fifth Circuit) - Held that the First Amendment's commercial speech protections entitled a company to operate automotive service centers under the name "Tire Engineers," even though a state board that licenses engineers objected to the use of the profession's occupational title. Reversed and rendered summary judgment in favor of the company, in this declaratory judgment action.




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Mission Product Holdings, Inc. v. Tempnology, LLC

(United States Supreme Court) - Held that a bankrupt company's rejection of a trademark licensing agreement did not deprive its licensee of the rights to use the trademark. The U.S. Supreme Court interpreted Section 365 of the Bankruptcy Code, which enables a debtor to reject any executory contract, meaning a contract that neither party has finished performing. Justice Kagan delivered the opinion of the 8-1 Court.