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Marvel Entm't, LLC v. Comm'r of Internal Revenue

(United States Second Circuit) - the Tax Court's grant of summary judgment for the IRS and finding petitioner liable for federal income tax deficiencies for the taxable years 2003 and 2004 is affirmed where the Tax Court correctly applied a 'single entity' approach to reduce the consolidated net operating loss of Marvel Entertainment, LLC's consolidated group by its previously excluded cancellation of debt income.




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Smith v. Barnesandnoble.com, LLC

(United States Second Circuit) - In a suit alleging direct and contributory copyright infringement by defendant Barnesandnoble.com, which, under license, uploads books and book samples to digital 'lockers' that the defendant maintains for its individual customers, and when the license granted by plaintiff was terminated, defendant did not delete a sample of plaintiff's book, the District Court's dismissal of the complaint at summary judgment is affirmed where the allegedly infringing conduct was authorized by the contracts at issue.




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Cleveland Nat. Forest v. San Diego Assn. of Governments

(Supreme Court of California) - Reversing the judgment of the Court of Appeal insofar as it determined that a 2011 analysis of greenhouse gas emission impacts prepared as part of a project for the development of transportation infrastructure in San Diego was inadequate and required revision.




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MPC Franchise, LLC v. Tarntino

(United States Second Circuit) - In a trademark action concerning the mark for Pudgie's pizza chain restaurants, the district court's grant of summary judgment to plaintiffs is affirmed where there is no genuine issue of material fact that defendant Tarntino obtained his federal trademark registration of PUDGIE'S by fraud.




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Earnhardt v. Earnhardt

(United States Federal Circuit) - Vacating and remanding the decision that the trademark in 'EARNHARDT COLLECTION' was not primarily a surname because it was unclear whether the Board applied the reasoning in In re Hutchinson Technology, Inc. case to determine whether the word collection was merely descriptive of the services offered and what the primary significance of the mark as a whole was to the general public.




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Plixer International, Inc. v. Scrutinizer GMBH

(United States First Circuit) - Held that the exercise of specific personal jurisdiction over a German company in a trademark infringement action did not violate due process. The German company, which operated an English-language website, argued that it lacked the requisite minimum contacts with the United States. Disagreeing, the First Circuit affirmed the district court's ruling that the exercise of personal jurisdiction was constitutional.




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Seventh Avenue, Inc. v. Shaf International, Inc.

(United States Seventh Circuit) - Affirmed that a corporation was in contempt of a consent judgment because its outside counsel failed to respond to a motion alleging a violation of the judgment and to appear at a hearing on the motion, in a trademark infringement case.




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Alliance for Good Government v. Coalition for Better Government

(United States Fifth Circuit) - Remanded for recalculation of an attorney fee award in a trademark infringement action, in which one nonprofit organization accused another of stealing its logo. Both organizations endorse political candidates.




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Franchise Tax Board of California v. Hyatt

(United States Supreme Court) - Held that a private citizen cannot sue one State in the courts of another. Overruled Nevada v. Hall, 440 U.S. 410 (1979), which had held that a State may grant or deny its sister States sovereign immunity as it chooses. The plaintiff here sought to bring a tort suit against a California state agency in Nevada state court. The U.S. Supreme Court concluded that the Constitution barred the suit. Justice Thomas delivered the opinion of the 5-4 Court.




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Return Mail, Inc. v. Postal Service

(United States Supreme Court) - Held that the U.S. Postal Service was barred here from challenging a private company's patent for a method for processing mail. Because federal agencies do not fall within the statutory definition of a person, they are ineligible to petition the Patent Trial and Appeal Board to institute patent review proceedings under the Leahy-Smith America Invents Act of 2011. Justice Sotomayor delivered the opinion of the 6-3 Court.




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Celebrate Global Accessibility Awareness Day with GDS - Government Digital Service

RT @antimega: At @GDSTeam we’re running a number of online events for Global Accessibility Awareness Day on 21 May - please join us! #accessibility #AccessibilityRegulations




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Opinion | Why UFC Is the First Sport to Return During the Coronavirus - The New York Times

In an age of trolls, economic insecurity and social isolation, mixed martial arts gives fans a rush of harsh reality.




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White-Collar Companies Race to Be Last to Return to the Office




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Government Orders Alone Didn’t Close the Economy. They Probably Can’t Reopen It. - The New York Times




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We Chat, They Watch: How International Users Unwittingly Build up WeChat’s Chinese Censorship Apparatus - The Citizen Lab

Important new CitizenLab report: "We Chat, They Watch: How International Users Unwittingly Build up WeChat’s Chinese Censorship Apparatus"




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Sure, the Velociraptors Are Still On the Loose, But That’s No Reason Not to Reopen Jurassic Park - McSweeney’s Internet Tendency

Sure, the Velociraptors Are Still On the Loose, But That’s No Reason Not to Reopen Jurassic Park




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Euro Tour hopeful of late-May return as virus impacts 2 more events




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World No. 39 earns $98.57 in Florida mini-tour event




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University of California v. Broad Institute, Inc.

(United States Federal Circuit) - Affirmed a judgment of no interference-in-fact in a patent case involving the CRISPR-Cas9 system for the targeted cutting of DNA molecules. The Federal Circuit found no error in the Patent Trial and Appeal Board's conclusion of no interference-in-fact, in this case pitting the Broad Institute, Inc., Massachusetts Institute of Technology, and others against the University of California, the University of Vienna, and others.




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German government delays Bundesliga return




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Liverpool-linked Werner would rather play abroad than join Bayern Munich




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Report: Liverpool hesitating over Werner move due to pandemic




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World Cup legend Klose appointed Bayern Munich assistant coach




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Sampdoria seeking 10% of Fernandes' £47M transfer to Manchester United




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Bundesliga title odds: Can anyone catch Bayern?




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Report: City prepared to keep Bayern Munich target Sane this summer




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US v. Acevedo-Hernandez

(United States First Circuit) - Affirmed the conviction and sentence of a former Puerto Rico superior court judge for receiving bribes and participating in a conspiracy to bribe an agent of an organization receiving federal funds. On appeal, the former judge cited a number of alleged trial and sentencing errors, including the upholding of a witness's invocation of his Fifth Amendment privilege. However, the First Circuit found no reversible error and affirmed.



  • Criminal Law & Procedure
  • Judges & Judiciary
  • White Collar Crime

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UEFA suspends all club, international matches 'until further notice'




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University of California v. Broad Institute, Inc.

(United States Federal Circuit) - Affirmed a judgment of no interference-in-fact in a patent case involving the CRISPR-Cas9 system for the targeted cutting of DNA molecules. The Federal Circuit found no error in the Patent Trial and Appeal Board's conclusion of no interference-in-fact, in this case pitting the Broad Institute, Inc., Massachusetts Institute of Technology, and others against the University of California, the University of Vienna, and others.




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Plixer International, Inc. v. Scrutinizer GMBH

(United States First Circuit) - Held that the exercise of specific personal jurisdiction over a German company in a trademark infringement action did not violate due process. The German company, which operated an English-language website, argued that it lacked the requisite minimum contacts with the United States. Disagreeing, the First Circuit affirmed the district court's ruling that the exercise of personal jurisdiction was constitutional.




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Seventh Avenue, Inc. v. Shaf International, Inc.

(United States Seventh Circuit) - Affirmed that a corporation was in contempt of a consent judgment because its outside counsel failed to respond to a motion alleging a violation of the judgment and to appear at a hearing on the motion, in a trademark infringement case.




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Malibu Textiles, Inc. v. Label Lane International, Inc.

(United States Ninth Circuit) - Revived a textile company's copyright infringement claims accusing certain competitors of illegally copying its floral lace designs. Reversed dismissals.




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Gold Value International Textile Inc. v. Sanctuary Clothing, LLC

(United States Ninth Circuit) - Held that a clothing manufacturer could not proceed with a copyright infringement lawsuit against a competitor that allegedly copied a fabric design because the copyright registration was invalid due to knowingly inaccurate paperwork. Affirmed summary judgment for the defendants.




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Return Mail, Inc. v. Postal Service

(United States Supreme Court) - Held that the U.S. Postal Service was barred here from challenging a private company's patent for a method for processing mail. Because federal agencies do not fall within the statutory definition of a person, they are ineligible to petition the Patent Trial and Appeal Board to institute patent review proceedings under the Leahy-Smith America Invents Act of 2011. Justice Sotomayor delivered the opinion of the 6-3 Court.




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Ticats dump Eskimos in East final, earn 1st Grey Cup berth since 2014




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Watch: Harris rumbles home to give Bombers early lead after turnover




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CFL asks government for $150M in financial assistance amid shutdown




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Nadal 'very pessimistic' tennis can return to normal in near future




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Joke about Nadal injury creates confusion during virtual tourney




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Barnes, Crosby, Fitzerald & Zeman, LLP v. Ringler

(California Court of Appeal) - In a law firm's suit to enforce a fee-splitting agreement against another law firm, arising from an underlying class action, trial court's judgment in favor of the defendant-law firm is reversed where an attorney may be equitably estopped from claiming that a fee-sharing contract is unenforceable due to noncompliance with rule 2-200 or rule 3.769, where that attorney is responsible for such noncompliance and has unfairly prevent another lawyer from complying with the rules' mandates.




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Berman v. Regents of the University of California

(California Court of Appeal) - Judgment denying plaintiff-student's petition for writ of mandate to overturn a two-quarter suspension from the University of California San Diego for hitting another student in the head is affirmed, where the University's Student Conduct Code authorized either the student conduct officer responsible for his case or the Council of Deans of Student Affairs to impose suspension as a sanction when the student conduct review board did not recommend suspension.




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Attorney's Process & Investigation Servs., Inc. v. Sac & Fox Tribe of the Miss. in Iowa

(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.




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US v. Amirnazmi

(United States Third Circuit) - Conviction and sentencing of defendant for principally violating the International Emergency Economic Powers Act (IEEPA), 18 U.S.C. section 371, for marketing a software program to Iranian actors and forming agreements with Iranian entities to provide technology to facilitate the construction of multiple chemical plants, are upheld where: 1) district court properly held that IEEPA does not violate the nondelegation doctrine; and 2) defendant's actions that occurred more than five years prior to the indictment were part of a continuing course of conduct that extended into the limitations period and contributed to the charged conspiracy, such that they were not barred by the statute of limitations.




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Corporate Technologies, Inc. v. Harnett

(United States First Circuit) - The district court's preliminary injunction that restrained defendant, a former employee of plaintiff, from doing business with certain customers to whom he had sold products and services while in plaintiff's employ, is affirmed, where: 1) the identity of the party making initial contact is just one factor among many that the trial court should consider in drawing the line between solicitation and acceptance; 2) the evidence of record is adequate to underpin the lower court's determinations that defendant violated the non-solicitation covenant and that plaintiff is therefore likely to succeed on the merits; and 3) the district court narrowly tailored the preliminary injunction with respect to non-disclosure, enjoining only the use of information contained in defendant's notes.




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Soarus LLC v. Bolson Materials International Corp.

(United States Seventh Circuit) - Held that a company did not violate a nondisclosure agreement by including particular information in a patent application for a 3D printing process. Affirmed summary judgment against a breach-of-contract claim brought by the other party to the nondisclosure agreement, a distributor of specialty polymers.




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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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Maritime expert warns over ‘death trap’ boat

A MARINE Rescue vessel which sank on its maiden voyage on the Central Coast was a potential death trap for its crew and community members, an expert says.




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Hernandez v. Enterprise Rent-A-Car Co.

(California Court of Appeal) - Affirmed. Plaintiff filed suit against Defendant for injuries sustained in an automobile accident. Plaintiff contended that Defendant was strictly liable for an alleged automobile defect that caused injury. The trial court granted summary judgment to Defendant stating that Plaintiff had failed to establish Defendant acquired successor liability for the alleged defect.




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Hernandez v. First Student, Inc.

(California Court of Appeal) - Affirmed. Plaintiffs brought a wrongful death action on behalf of their 13-year-old son who was struck and killed by a school bus. The jury found that Plaintiff’s son was 80 percent responsible for the accident and awarded $250,000 in damages. The trial court denied a motion for a new trial. The appeals court held that Plaintiffs had not made a cognizable argument as to why the trial court abused its discretion in denying the motion and found no merit in Plaintiff’s claims. Affirmed judgment.




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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.