So @jimtankersley talked to Kevin Hassett about the whole "cubic model" mess, and long story short, I'm pretty sure Hassett owes @NateSilver538 $538.

(United States Federal Circuit) - Affirmed in part, reversed in part, and vacated in part. Plaintiff brought a patent infringement action. A jury found that the defendant infringed on both asserted claims and that neither claim was invalid. The Federal Circuit Court of Appeals affirmed some of plaintiff’s infringement claims, but stated that plaintiff’s theory of infringement of other claims was inadequate to support the judgment of infringement and therefore reversed on that claim.

South Maroubra SLSC are confident of a top performance at the NSW Inflatable Rescue Boat championships this weekend after ranking well and winning gold on their home beach.

(United States Federal Circuit) - Affirmed in part, reversed in part, and vacated in part. Plaintiff brought a patent infringement action. A jury found that the defendant infringed on both asserted claims and that neither claim was invalid. The Federal Circuit Court of Appeals affirmed some of plaintiff’s infringement claims, but stated that plaintiff’s theory of infringement of other claims was inadequate to support the judgment of infringement and therefore reversed on that claim.

MANLY skipper Adam Crosthwaite expects his quicks to fire on Saturday should his team field first in their two-day clash versus Sydney.

(United States Second Circuit) - Judgment denying plaintiff's motion to execute a monetary judgment entered, as a sanction for plaintiff's attorney misconduct, is vacated and remanded, where although the district court had more than an adequate basis to sanction plaintiff's counsel and accorded the required procedural safeguards, further findings are needed to support a sanction that falls entirely on the clients rather than principally on the lawyer.

(Court of Appeals of New York) - In this case, in an underlying federal action, the Securities and Exchange Commission moved for sanctions against appellant Dunn. The Magistrate Judge granted the motion in part. Respondent Committee of Professional Standards thereafter filed a petition alleging that Dunn had "engaged in fraudulent conduct prejudicial to the administration of justice adversely reflecting on her fitness as a lawyer" in violation of Rules of Professional Conduct 8.4(c), (d), and (h). The basis of the complaint was essentially the text of the Magistrate's sanctions opinion. Judgment of the Appellate Division finding Dunn guilty of the charged misconduct and finding that collateral estoppel applied to the Magistrate's sanctions order is reversed and the matter is remitted, where: 1) while the issue of whether Dunn had made false statements in her written declaration, it was not the focus of the hearing on the underlying motion for sanctions; and 2) the cursory nature of the sanctions proceedings itself failed to provide a full and fair opportunity to litigate the case.

(United States Third Circuit) - In an ethics case, the bankruptcy court's order to vacate a default judgment against the debtor after finding that plaintiffs' attorney, Max Folkenflik, intentionally deceived the court in omitting to inform it of a relevant settlement agreement is affirmed where Folkenflik's misconduct constituted a fraud on the court.

(United States Eighth Circuit) - In an action by a company which provides security and consulting services to casino operators, seeking a declaratory judgment that an Indian tribal court lacked jurisdiction and an order compelling arbitration, summary judgment for defendant is affirmed in part where the tribal courts could exercise adjudicatory jurisdiction over the tribe's claims against plaintiff for trespass to land, trespass to chattels, and conversion of tribal trade secrets. However, the judgment is reversed in part where the tribal court did not have jurisdiction under the second Montana exception over the tribe's claim for conversion of tribal funds.

(California Court of Appeal) - Award of attorney fees to defendant in an underlying action for misappropriation of trade secret by seeking to hire away plaintiff's employees, is affirmed where: 1) the trial court's findings are free of procedural error; 2) the finding of plaintiff's bad faith is amply supported by evidence that defendants did no more than attempting to recruit the employees of a competitor, which they are entitled to do under California state law; and 3) defendant prevailed when plaintiff dismissed the suit to avoid an adverse determination on the merits.

(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.

(United States Fifth Circuit) - Petition for rehearing granted. A lawsuit by a police officer hit by a thrown object during a protest against Black Lives Matter was properly dismissed, but his suit against the protest organizer should have been permitted to proceed.

(United States Seventh Circuit) - Affirmed. The subject of a legal judgment sought to pursue the doctrine of estoppel to compel their insurer to pay out on the judgment against them from a decade before the policy's active date. They suffered no prejudice from the insurer's action and their case was dismissed.

(United States Ninth Circuit) - Certified Question. The panel certified the question of state law to the Nevada Supreme Court asking whether an insurer is entitled reimbursement of costs already expended in defense of its insured where a determination has been made that the insurer owed no duty to defend and there was an agreement requiring reimbursement, but with no reservation of rights.

(California Court of Appeal) - Reinstated an unjust enrichment claim brought by a tax specialist that had helped a landowner reduce delinquent property taxes. Held that a foreclosure sale purchaser of the land had reason to know that the tax specialist had a contractual interest in a percentage of the tax refund. Reversed dismissal of the tax specialist's unjust enrichment claim against the foreclosure sale purchaser.

(United States Third Circuit) - In an ethics case, the bankruptcy court's order to vacate a default judgment against the debtor after finding that plaintiffs' attorney, Max Folkenflik, intentionally deceived the court in omitting to inform it of a relevant settlement agreement is affirmed where Folkenflik's misconduct constituted a fraud on the court.

(California Court of Appeal) - Concluding that a defendant and their counsel unilaterally created an appeal-able order by making a motion in bad faith with the intention of creating a series of appeals that would forestall and damage the ability to proceed to trial and affirmed the denial of a motion to compel arbitration filed 11 days before the scheduled trial on its merits and imposing monetary sanctions on the defense an counsel for bringing a frivolous appeal.

(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.

(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.

(California Court of Appeal) - Affirming a judgment after jury trial and the denial of the defendant's motion for judgment notwithstanding the verdict in the cases of a business dispute, but also affirming the grant of nonsuit to the defendant's fiance and the denial of a motion to amend the complaint and the refusal to admit the plaintiff's expert testimony in a suit relating to the breakdown in the business relationship of the dealers for MetroPCS stores in California.

(United States Supreme Court) - The US Supreme Court held that American Express (Amex) anti-steering provisions, in its agreement with merchants to prohibit merchants who take Amex cards from discouraging customers from using their cards in order for the merchant to avoid paying Amex a fee, do not violate the Sherman Antitrust Act.

(California Court of Appeal) - Affirming the denial of an administrative writ and declaratory relief in the case of a Pacific Gas and Electric Company lease extension on two long term leases on land used for water intake and discharge for a nuclear power plant because the lease replacement was subject to the existing facilities categorical exemption to the California Environmental Quality Act's environmental impact report requirement and the unusual circumstances exception did not apply.

(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 Third Circuit) - Affirming the dismissal of an in rem suit filed against a ship for cargo damage sustained in transit because liability for the damage was covered by the carrier's bill of lading, which included a forum selection clause requiring suit be brought in South Korea because although South Korean courts would not allow an in rem suit, the plaintiff could have brought an in personam suit and chose not to do so for strategic reasons and the foreign forum selection clause did not violate the Carriage of Goods by Sea Act.

(United States Eighth Circuit) - Company was entitled to permanent injunction preventing company president from using the company's trade name and ISBN number on his book of poetry, as he did not have the company's permission to use them, since such use would cause confusion in the marketplace.

(California Court of Appeal) - In plaintiff's suit against defendant for infringement of jewelry designs, trademarks and copyrights, trial court's decision denying plaintiff's motion to strike defendant's complaint under the anti-SLAPP statute is affirmed as the filing of a lawsuit in a foreign country is not protected activity under the United States or California Constitutions as to implicate the statute.

(United States Federal Circuit) - Affirmed in part, reversed in part, and vacated in part. Plaintiff brought a patent infringement action. A jury found that the defendant infringed on both asserted claims and that neither claim was invalid. The Federal Circuit Court of Appeals affirmed some of plaintiff’s infringement claims, but stated that plaintiff’s theory of infringement of other claims was inadequate to support the judgment of infringement and therefore reversed on that claim.

(United States Federal Circuit) - Affirming the decision of the Court of Federal Claims denying a motion for reconsideration of amended judgment or, in the alternative, relief from final judgment in a dispute relating to bidding on the procurement of medical gasses by the Department of Veterans Affairs.

(California Court of Appeal) - Held that the prevailing wage law applied here because the contractors (belt sorters at county recycling facilities) were engaged in public work. On a separate issue, addressed the statutory remedy for improperly shortening their meal periods by three to five minutes.

Your Verizon Wireless bill from the IRS. Wow, they must be serious about collecting the outstanding amount, because they called fridaysug85 to do the collection!

This phishing scammer decided to skip the normal mumbo jumbo and just send the phishing link.

Malware phishing scammers targeting ABSA customers with the ZBot Trojan.

A fake Facebook message, taking you to some online pharmacy site.

Malware distributed via Dropbox with the help of fake eFax e-mails

Fax or malware? This is clearly malware.

The most confusing Paypal phishing scam ever!

(United States Ninth Circuit) - Affirming a district court summary judgment in favor of the defense and denying attorney fees in a copyright case involving a pornographer who alleged that infringing clips were stored and displayed on the defendant's website because the Digital Millennium Copyright Act provides a safe harbor for material stored by users without the knowledge or input of the owner, who expeditiously removed infringing material when notified and did not receive a financial benefit directly attributable to infringing activity they had the right and ability to control.

(United States Second Circuit) - Held that a bunker (marine fuel) supplier was potentially entitled to assert a maritime lien against certain vessels to which it had physically provided marine fuel for which it was not paid, under an exception to the usual subcontractor rule. The exception allows maritime liens to be asserted by subcontractors whose selection was controlled or directed by a vessel's owner/charterer. Vacated and remanded on this issue.

(United States Ninth Circuit) - In an action claiming that Cingular Wireless, after its merger with AT&T, disregarded its obligations under plaintiff's phone service contract with AT&T by failing to provide adequate service coverage and requiring plaintiff to sign a different contract with defendant if he desired to get the service that AT&T had contracted to provide under the first agreement, and that Cingular misrepresented and omitted key facts about the consequence of the merger to the FCC, dismissal of the complaint is affirmed in part where: 1) "all the advantages that only the nation's largest wireless company can provide" was a vague statement and provided nothing concrete upon which plaintiff could reasonably rely; 2) plaintiff failed to allege that he actually read or heard the alleged misrepresentations; and 3) violations of the common law of unfair competition and breach of contract did not alone violate California's Unfair Competition Law. However, the dismissal is reversed in part where plaintiff's complaint sufficiently stated a claim that Cingular breached its contract with him.

(United States Second Circuit) - In a RICO action alleging injury arising from the activities of an international criminal enterprise, or more specifically, "a massive racketeering scheme to take over a substantial portion of the Russian oil industry", dismissal of the action is affirmed where: 1) the question of the justiciability of the RICO claims was properly one of whether the complaint adequately stated a claim for relief; and 2) because the RICO statute lacked a clear statement of extraterritorial reach, plaintiff's claims were barred.

(United States Second Circuit) - In a RICO action alleging various injuries to plaintiff arising from the activities of defendants' alleged international criminal enterprise, the dismissal of the complaint is affirmed where: 1) the question of the justiciability of the RICO claims is properly one of whether the complaint adequately states a claim for relief; and 2) because the RICO statute lacked a clear statement of extraterritorial reach, plaintiff’s claims are barred.

ProgStock Festival Was Founded To Give Artists And Fans In The Genre Of Progressive Rock A Place To Play

(United States Ninth Circuit) - Affirmed. An organization of wireless providers appealed the district court's denial of a preliminary injunction in their challenge of a Berkeley ordinance requiring cell phone retailers to warn potential buyers that carrying a phone could cause them to exceed FCC guidelines for exposure to radio-frequency radiation.

(California Court of Appeal) - Affirming the trial court's conclusion that Monsanto and others failed to state a claim in a suit where they averred that Proposition 65's reliance on the International Agency for Research on Cancer's determinations about which chemicals cause cancer improperly granted a foreign entity authority over domestic affairs.

Met de huidige omstandigheden verandert de manier waarop we communiceren met klanten. Video gaat steeds meer een rol spelen. Google speelt hier goed op in en komt met de YouTube Video Builder. Hierdoor wordt het voor ieder midden- en kleinbedrijf mogelijk om zonder kennis van videobewerking of dure videoproductie aan de slag te gaan. Scheelt […]