ga Webster v. Claremont Yoga By feeds.findlaw.com Published On :: 2018-08-16T08:00:00+00:00 (California Court of Appeal) - Affirmed summary judgment against a yoga student's claim that her instructor caused her injury while adjusting her posture during a yoga class. According to the student, the instructor harmed her when he moved her leg, lower back, and neck. On appeal, the California Second Appellate District agreed with the yoga instructor that there was no triable issue as to causation, because the student had offered no evidence conflicting with that of the instructor's experts, who opined that the student's medical issues were unrelated to the yoga class. Full Article Sports Law Injury & Tort Law
ga Garco Const. Inc. v. Sec'y of the Army By feeds.findlaw.com Published On :: 2017-05-09T08:00:00+00:00 (United States Federal Circuit) - In an appeal of a decision of the Armed Services Board of Contract Appeals denying plaintiff's damages claim arising out of its contract with the U.S. Army Corps of Engineers to build housing units on Malmstrom Air Force Base, the Board's decision is affirmed where there was no change to the base access policy that forced additional costs. Full Article Government Contracts
ga Chugach Management Services Zurich American Insurance Co. v. Jetnil By feeds.findlaw.com Published On :: 2017-07-21T08:00:00+00:00 (United States Ninth Circuit) - Denying the petition for review of the award of disability benefits under the Defense Base Act and the application of a judicially-created 'zone of special danger' doctrine to a local national injured while employed by a government contractor overseas. Full Article Labor & Employment Law Government Contracts Injury & Tort Law Workers' Compensation International Law
ga US ex rel. Wood v. Allergan, Inc. By feeds.findlaw.com Published On :: 2018-08-09T08:00:00+00:00 (United States Second Circuit) - Held that a False Claims Act lawsuit had to be dismissed because it was not the first-filed case accusing the defendant pharmaceutical company of certain improper Medicare and Medicaid billing practices. The plaintiff (relator) argued that his action should be allowed to proceed because the earlier action was no longer pending. Disagreeing, the Second Circuit held that a violation of the first‐to‐file bar, which prohibits a person from bringing a related qui tam action when one is already pending, cannot be remedied by amending or supplementing the complaint. The panel reversed and remanded. Full Article Drugs & Biotech Government Contracts
ga Narragansett Indian Tribe v. Rhode Island Department of Transportation By feeds.findlaw.com Published On :: 2018-08-30T08:00:00+00:00 (United States First Circuit) - Affirmed the dismissal of an Indian tribe's complaint against federal and Rhode Island agencies concerning a highway bridge reconstruction. The tribe argued, at base, that the state of Rhode Island broke a promise to give the tribe three parcels of land as mitigation for the expected negative impact on historic tribal land of an I-95 bridge replacement project. Agreeing with the district court, the First Circuit held that the tribe's claims were barred by federal sovereign immunity and lack of subject matter jurisdiction. Full Article Construction Government Law Indian Law
ga Save Our Heritage Organization v. City of San Diego By feeds.findlaw.com Published On :: 2018-10-24T08:00:00+00:00 (California Court of Appeal) - Upheld the City of San Diego's decision to approve an environmental impact report addendum for an urban park project. Affirmed the denial of a citizen group's petition for writ of mandamus. Full Article Environmental Law Construction
ga In re Border Infrastructure Environmental Litigation By feeds.findlaw.com Published On :: 2019-02-11T08:00:00+00:00 (United States Ninth Circuit) - Held that the U.S. Department of Homeland Security had the statutory authority to expedite construction of physical border barriers near San Diego and Calexico, California. The State of California and multiple environmental groups challenged the agency's 2017 authorization of these projects, which involved wall prototypes and tens of miles of replacement fencing. However, the Ninth Circuit affirmed summary judgment in favor of the federal government. Full Article Environmental Law Immigration Law Construction
ga Precision Framing Systems Inc. v. Luzuriaga By feeds.findlaw.com Published On :: 2019-08-29T08:00:00+00:00 (California Court of Appeal) - Affirmed. Plaintiff performed framing work on a commercial building owned by Defendant. Plaintiff was not paid for his work and filed a mechanic’s lien. Defendant complained of problems with some of the framing and Plaintiff performed repair work. Plaintiff filed this action to foreclose on its mechanic’s lien. The trial court granted Defendant summary judgment ruling that the mechanic’s lien was filed prematurely, before Plaintiff had ceased work. The appeals court agreed. Full Article Civil Procedure Debt Collection Construction
ga Torres-Pagan v. Berryhill By feeds.findlaw.com Published On :: 2018-08-10T08:00:00+00:00 (United States First Circuit) - Vacated an administrative ruling that terminated the Supplemental Security Income benefits of an individual who had received them since childhood for an intellectual disorder. The plaintiff disputed the medical evidence that the Social Security Administration relied on in concluding that he was no longer disabled after he turned age 18. Finding merit in his arguments, the First Circuit held that the record was insufficient to conclude he was no longer disabled. Full Article Juvenile Law Government Benefits
ga In re Border Infrastructure Environmental Litigation By feeds.findlaw.com Published On :: 2019-02-11T08:00:00+00:00 (United States Ninth Circuit) - Held that the U.S. Department of Homeland Security had the statutory authority to expedite construction of physical border barriers near San Diego and Calexico, California. The State of California and multiple environmental groups challenged the agency's 2017 authorization of these projects, which involved wall prototypes and tens of miles of replacement fencing. However, the Ninth Circuit affirmed summary judgment in favor of the federal government. Full Article Environmental Law Immigration Law Construction
ga San Diego Gas and Electric Co. v. San Diego Regional Water Quality Control Board By feeds.findlaw.com Published On :: 2019-06-18T08:00:00+00:00 (California Court of Appeal) - Upheld a cleanup and abatement order issued to a utility company, which was found to be a responsible party for pollution in San Diego Bay, nearby which it operated a power plant for many years. Affirmed the denial of the company's petition for writ relief. Full Article Environmental Law Public Utilities
ga Califonia Communities Against Toxics v. Environmental Protection Agency By feeds.findlaw.com Published On :: 2019-07-02T08:00:00+00:00 (United States DC Circuit) - Petition for review denied. The EPA did not act contrary to the Resource Conservation and Recovery Act in adopting a Transfer-Based Exclusion because hazardous materials are not necessarily "discarded" when they are transferred from a generator to a reclaimer along with payment. The policy was not arbitrary or capricious. Full Article Government Law Environmental Law
ga Williams v. Gaye By feeds.findlaw.com Published On :: 2018-03-21T08:00:00+00:00 (United States Ninth Circuit) - Largely affirming the decision against Pharrell Williams and Robin Thicke in a suit brought by the estate of Marvin Gaye over copyright infringement in the song Blurred Lines, but reversing the district court's decision to overturn the jury's general verdict in favor of certain parties because the defendants had waived any challenge to the consistency of the jury's general verdicts. Full Article Civil Procedure Intellectual Property Copyright
ga Williams v. Gaye By feeds.findlaw.com Published On :: 2018-07-11T08:00:00+00:00 (United States Ninth Circuit) - Affirmed a judgment of copyright infringement. In an amended opinion, the Ninth Circuit largely affirmed the decision after a jury trial that musician Pharrell Williams, Robin Thicke, and Clifford Harris Jr.'s song Blurred Lines, the world's best-selling single in 2013, infringed the copyright in a 1977 Marvin Gaye song, Got To Give It Up. The panel also held that the award of actual damages and infringers' profits and its running royalty were proper. Full Article Copyright
ga Washington State Dept. of Licensing v. Cougar Den, Inc. By feeds.findlaw.com Published On :: 2019-03-19T08:00:00+00:00 (United States Supreme Court) - This case involved the State of Washington's tax on fuel importers who travel by public highway. The Yakama Nation contended that its 1855 treaty with the United States forbids that tax from being imposed upon fuel importers who are tribal members. The U.S. Supreme Court agreed with the tribe. Justice Breyer's plurality opinion was joined by only two other justices. Justices Gorsuch and Ginsburg concurred in the judgment. Full Article Tax Law Oil and Gas Law Indian Law
ga Southern California Gas Leak Cases By feeds.findlaw.com Published On :: 2019-05-30T08:00:00+00:00 (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. Full Article Oil and Gas Law Injury & Tort Law
ga Glassell Non-Operated Interests Ltd. v. Enerquest Oil and Gas LLC By feeds.findlaw.com Published On :: 2019-06-12T08:00:00+00:00 (United States Fifth Circuit) - Held that an oil company did not breach its contract with several other oil companies. The dispute arose out of a joint agreement to cooperatively develop oil prospects in Texas. Reversed the judgment below. Full Article Oil and Gas Law Contracts
ga Animal Legal Def. Fund v. FDA By feeds.findlaw.com Published On :: 2016-04-11T08:00:00+00:00 (United States Ninth Circuit) - In a Freedom of Information Act (FOIA) case, challenging the FDA's decision to redact certain commercially-sensitive information concerning egg-production farms in Texas, the district court's grant of summary judgment to defendant is affirmed where the FDA properly withheld information under FOIA exemption 4 that was likely to cause substantial competitive harm. Full Article Drugs & Biotech Government Law
ga Zaloga v. Borough of Moosic By feeds.findlaw.com Published On :: 2016-10-24T08:00:00+00:00 (United States Third Circuit) - In a section 1983 suit against several county entities and individuals, alleging various constitutional violations, including defendant's retaliation against plaintiff for publicly opposing of defendant's reelection as the President of the Moosic, Pennsylvania Borough Council, the district court's decision denying defendant's claim to qualified immunity is reversed where he is entitled to qualified immunity because his conduct, even if plaintiff's allegations are true, did not violate clearly established law. Full Article Civil Rights Constitutional Law Government Law
ga Gupta v. Morgan Stanley Smith Barney LLC By feeds.findlaw.com Published On :: 2019-08-19T08:00:00+00:00 (United States Seventh Circuit) - Affirmed. A former employee alleging discrimination could be compelled to arbitrate his claims because he didn't opt out of the company's arbitration agreement. Full Article Dispute Resolution & Arbitration Labor & Employment Law Civil Rights Civil Procedure
ga California Communities Against Toxics v. EPA By feeds.findlaw.com Published On :: 2019-08-20T08:00:00+00:00 (United States DC Circuit) - Dismissed. The Wehrum Memo relating to air quality was not a final agency action, so the court lacked subject matter jurisdiction to hear complaints about its contents. Full Article Civil Procedure Administrative Law
ga Wu v. O'Gara Coach Co., LLC By feeds.findlaw.com Published On :: 2019-08-21T08:00:00+00:00 (California Court of Appeal) - Reversed order disqualifying attorneys. The appeals court held that no evidence had been presented that Plaintiff's attorneys possessed confidential attorney-client privileged information relevant to the suit and that if there was a conflict other lawyers in the law firm could represent Plaintiff. Full Article Civil Procedure Ethics & Professional Responsibility
ga Precision Framing Systems Inc. v. Luzuriaga By feeds.findlaw.com Published On :: 2019-08-29T08:00:00+00:00 (California Court of Appeal) - Affirmed. Plaintiff performed framing work on a commercial building owned by Defendant. Plaintiff was not paid for his work and filed a mechanic’s lien. Defendant complained of problems with some of the framing and Plaintiff performed repair work. Plaintiff filed this action to foreclose on its mechanic’s lien. The trial court granted Defendant summary judgment ruling that the mechanic’s lien was filed prematurely, before Plaintiff had ceased work. The appeals court agreed. Full Article Civil Procedure Debt Collection Construction
ga W. Filter Corp. v. Argan, Inc. By feeds.findlaw.com Published On :: 2008-08-25T08:00:00+00:00 (United States Ninth Circuit) - In a contract and tort action arising from the parties' execution of a Stock Purchase Agreement (SPA), summary judgment for defendant on limitations grounds is reversed where a provision within the SPA permitting the representations and warranties of the parties to survive closing did not unambiguously state the parties' intent to contractually reduce the applicable California statute of limitation to one year. Full Article Corp. Governance Corporation & Enterprise Law M&A Securities Law
ga ARC Welding Supply Co., Inc. v. American Welding and Gas, Inc. By feeds.findlaw.com Published On :: 2019-02-14T08:00:00+00:00 (United States Seventh Circuit) - Affirmed a judgment after trial in a contractual dispute between two industrial supply companies. The case involved the alleged breach of their asset purchase agreement. Full Article M&A Contracts
ga In re US Office of Personnel Management Data Security Breach Litigation By feeds.findlaw.com Published On :: 2019-06-21T08:00:00+00:00 (United States DC Circuit) - Revived claims that the U.S. Office of Personnel Management's woefully inadequate cybersecurity practices enabled hackers to steal personal data about millions of past and present federal employees. Reversed a dismissal in relevant part, in a lawsuit brought by labor unions and others arising out of a 2014 cyberattack. Full Article Government Law Cyberspace Law Injury & Tort Law
ga Califonia Communities Against Toxics v. Environmental Protection Agency By feeds.findlaw.com Published On :: 2019-07-02T08:00:00+00:00 (United States DC Circuit) - Petition for review denied. The EPA did not act contrary to the Resource Conservation and Recovery Act in adopting a Transfer-Based Exclusion because hazardous materials are not necessarily "discarded" when they are transferred from a generator to a reclaimer along with payment. The policy was not arbitrary or capricious. Full Article Government Law Environmental Law
ga Quigley v. Garden Valley Fire Protection Dist. By feeds.findlaw.com Published On :: 2019-07-15T08:00:00+00:00 (Supreme Court of California) - Reversed and remanded. The Government Claims Act immunity for public entities is an affirmative defense that can be waived or forfeited if not timely raised. Full Article Government Law Civil Procedure
ga Regan v. City of Hammond By feeds.findlaw.com Published On :: 2019-08-19T08:00:00+00:00 (United States Seventh Circuit) - Affirmed. A local ordinance requiring residential property owners to get a license or hired a licensed contractor to make repairs didn't violate the commerce clause. It didn't distinguish between in and out of state owners and imposed no burden on interstate commerce. Full Article Constitutional Law Government Law Property Law & Real Estate
ga Gates v. Blakemore By feeds.findlaw.com Published On :: 2019-08-23T08:00:00+00:00 (California Court of Appeal) - Affirmed. Plaintiff appealed from a pre-election trial court ruling that held that certain initiates were invalid and that the County of San Bernardino was excused from the duty to prepare ballot titles and summaries for them. Full Article Government Law Elections
ga Zenhiser Releases "Galvanize - Drum & Bass" Sample Pack By feedproxy.google.com Published On :: A Straight Talking Drum & Bass Sample Pack That Pushes The Envelope In DnB Tools Full Article
ga US v. Garrison By feeds.findlaw.com Published On :: 2018-04-25T08:00:00+00:00 (United States Ninth Circuit) - Affirming a conviction for conspiracy to distribute controlled substances in a case in which the government offered evidence that the defendant and co-conspirators abused their positions as healthcare providers by intentionally prescribing OxyContin for no legitimate medical purpose as part of a scheme to sell it as a street drug because the evidence was sufficient to support the jury findings. Full Article Evidence Drugs & Biotech Criminal Law & Procedure Health Law Sentencing
ga US ex rel. Wood v. Allergan, Inc. By feeds.findlaw.com Published On :: 2018-08-09T08:00:00+00:00 (United States Second Circuit) - Held that a False Claims Act lawsuit had to be dismissed because it was not the first-filed case accusing the defendant pharmaceutical company of certain improper Medicare and Medicaid billing practices. The plaintiff (relator) argued that his action should be allowed to proceed because the earlier action was no longer pending. Disagreeing, the Second Circuit held that a violation of the first‐to‐file bar, which prohibits a person from bringing a related qui tam action when one is already pending, cannot be remedied by amending or supplementing the complaint. The panel reversed and remanded. Full Article Drugs & Biotech Government Contracts
ga Charles Hurt: 'Demand Justice' Fight Back -- Against Judges Who Like the Constitution By feedproxy.google.com Published On :: Sat, 09 May 2020 01:45:22 +0000 Anti-democratic Democrats opened up a new front in their relentless war on an independent judiciary in America. Full Article Politics Demand Justice George W. Bush Mitch McConnell
ga Amnesty Advocates Say Illegal Migrants Are Essential Heroes of Coronavirus Fight By feedproxy.google.com Published On :: Sat, 09 May 2020 01:22:30 +0000 Amnesty advocates are working overtime to portray illegal migrants as heroic essential workers in the national campaign to contain China's coronavirus. Full Article Health Immigration Politics coronavirus DACA Immigrant Migrant migration Nation of Immigrants Richard Durbin
ga Tom Fitton: Michael Flynn Got Justice Because He had Lawyers Willing to Push Back Against DOJ, FBI By feedproxy.google.com Published On :: Sat, 09 May 2020 01:57:33 +0000 President of Judicial Watch Tom Fitton told Breitbart News that General Michael Flynn only got justice because he had lawyers who "insisted upon it" and pushed back "against the entire political class" in Washington, D.C. Full Article Politics Radio Alex Marlow Barack Obama coup James Comey Judicial Watch Logan Act Michael Flynn Robert Mueller Sidney Powell Tom Fitton
ga Schiff: Trump, Barr 'Can't Gaslight History' -- Flynn Was a 'Prime Counterterrorism Risk' By feedproxy.google.com Published On :: Fri, 08 May 2020 23:45:42 +0000 Friday on MSNBC's "The Beat," House Intelligence Committee chairman Rep. Adam Schiff (D-CA) said Attorney General Bill Barr's Justice Department doing President Donald Trump's "dirty work" by dropping the case against former National Security Advisor Michael Flynn was an attempt to "gaslight history." Full Article Clips Politics Adam Schiff Donald Trump Michael Flynn William Barr
ga California: Gavin Newsom Orders Vote-by-Mail for November Election By feedproxy.google.com Published On :: Fri, 08 May 2020 21:42:40 +0000 California Gov. Gavin Newsom (D) on Friday signed an executive order permitting all registered voters in the Golden State to vote by mail in the upcoming presidential election, citing health concerns stemming from the Chinese coronavirus epidemic. Full Article 2020 Election Politics California Gavin Newsom vote by mail voter fraud
ga Hungary: 'Yes to Protecting Women, No to Gender Ideology, Illegal Migration' By feedproxy.google.com Published On :: Sat, 09 May 2020 08:44:16 +0000 Hungary's parliament has passed a declaration against signing the Istanbul Convention on preventing and combating violence against women because it smuggles in provisions declaring gender a "social construct" and allowing "gender-based asylum claims". Full Article London / Europe Politics Social Justice Council Of Europe gender gender identity gender politics globalism Hungary Identity Politics Illegal Aliens illegal immigration Istanbul Convention Mass Migration Migrant Crisis Migrants SJWs social justice warriors V4 Viktor Orbán Visegrad women Zoltán Kovács
ga Italian Nurse on Coronavirus Frontline Raped by Illegal Migrant After Her Shift By feedproxy.google.com Published On :: Sat, 09 May 2020 10:09:19 +0000 An Italian nurse working on the frontline against the Chinese coronavirus was brutally sexually assaulted by an African migrant after finishing her shift and heading to her home. Full Article Immigration London / Europe Politics asylum seekers Europe Migrant Crisis Illegal Aliens illegal immigration Italy Mass Migration Matteo Salvini Migrant Crisis Migrants Nurses Rape Salvini Senegal sex attacks
ga Finally: Police Drop Investigation Into Working-Class Brexiteer Darren Grimes By feedproxy.google.com Published On :: Sat, 09 May 2020 16:48:04 +0000 London's Metropolitan Police have finally dropped their investigations into working-class Brexit campaigner Darren Grimes and Vote Leave's Alan Halsall, in another defeat for the supposedly neutral Electoral Commission. Full Article Crime London / Europe Politics BeLeave Brexit Britain Darren Grimes Deep State electoral commission EU EU referendum European Union leave.eu United Kingdom Vote Leave
ga Creepy Robot Dogs Patrol Singapore Parks to Enforce Social Distancing By feedproxy.google.com Published On :: Sat, 09 May 2020 16:43:59 +0000 Robot dogs named "Spot" have reportedly been dispatched to parks in Singapore to remind citizens of safe social distancing measures. Full Article Asia Health Tech Boston Dynamics Chinese virus coronavirus privacy and security Singapore Wuhan coronavirus
ga Whitmer Admin Sics Michigan Cops on 77-Year-Old Barber Defying Shutdown By feedproxy.google.com Published On :: Sat, 09 May 2020 16:46:07 +0000 A 77-year-old Michigan barber said he won't stop working "unless he is tasered by the police or Jesus Christ himself walks in" and will continue defying Gov. Gretchen Whitmer's executive orders. Full Article Economy Health Politics coronavirus Gretchen Whitmer lockdown Michigan Owosso stay-at-home orders
ga In re US Office of Personnel Management Data Security Breach Litigation By feeds.findlaw.com Published On :: 2019-06-21T08:00:00+00:00 (United States DC Circuit) - Revived claims that the U.S. Office of Personnel Management's woefully inadequate cybersecurity practices enabled hackers to steal personal data about millions of past and present federal employees. Reversed a dismissal in relevant part, in a lawsuit brought by labor unions and others arising out of a 2014 cyberattack. Full Article Government Law Cyberspace Law Injury & Tort Law
ga Make A Wish With Catherine Duc's 'Stargazing' Remix Of Ben Hobbs' 'Blind To You' By feedproxy.google.com Published On :: UK Singer/songwriter Ben Hobbs Teams Up With Grammy Nominees Catherine Duc And Gene Grimaldi On His Latest Remix Full Article
ga Langan v. Johnson and Johnson Consumer Cos., Inc. By feeds.findlaw.com Published On :: 2018-07-24T08:00:00+00:00 (United States Second Circuit) - Vacated the certification of a consumer class action alleging that Johnson & Johnson deceptively labeled several of its baby bath products as being natural when they were not. The district court had certified a class consisting of consumers who purchased the products in eighteen states. On appeal, the Second Circuit was not convinced that the district court had carefully considered the material differences in the state laws at issue before concluding that their similarities predominated over their differences, and therefore the appeals court vacated and remanded. Full Article Class Actions Consumer Protection Law
ga In re JPMorgan Chase and Co. By feeds.findlaw.com Published On :: 2019-02-21T08:00:00+00:00 (United States Fifth Circuit) - Held that the district court "appears to have erred" in ordering that thousands of current and former employees be notified of a pending Fair Labor Standards Act collective action, because most of them had signed binding arbitration agreements and would be unable to join the action. However, the district court's apparent error in directing the notice did not justify granting the employer's petition for mandamus relief -- but the district court was advised to reconsider its ruling. Full Article Class Actions Labor & Employment Law
ga NEI Contracting and Engineering Inc. v. Hanson Aggregates Pacific Southwest Inc. By feeds.findlaw.com Published On :: 2019-06-05T08:00:00+00:00 (United States Ninth Circuit) - Held that an engineering company could not proceed with a class action lawsuit alleging that its former concrete supplier unlawfully recorded cellular phone users' calls without their consent. Affirmed an order decertifying the class on the ground that the class representative lacked individual standing. Full Article Class Actions Communications Law
ga In Re Hyundai and Kia Fuel Economy Litigation By feeds.findlaw.com Published On :: 2019-06-06T08:00:00+00:00 (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. Full Article Class Actions Consumer Protection Law
ga In Re: Rail Freight Fuel Surcharge Antitrust Litigation By feeds.findlaw.com Published On :: 2019-08-16T08:00:00+00:00 (United States DC Circuit) - Affirmed. The denial of class certification in the case of thousands of shippers allegedly harmed by a price fixing conspiracy among freight railroads was affirmed because their evidence for proving causation, injury, and damages on a class wide basis measured negative damages for over 2,000 members. Full Article Transportation Class Actions Civil Procedure