It seems many people are breathing some relief, and I’m not sure why. An epidemic curve has a relatively predictable upslope and once the peak is reached, the back slope is also predictable.

via Health News - The New York Times https://nyti.ms/2WLL65m

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

(United States Federal Circuit) - Denied petitions for writ of mandamus. Plaintiff sought a writ challenging the decision of the Patent Trial and Appeal Board denying the institution of inter partes review of claims from three patents owned by Semiconductor Components industries, LLC.

(United States Federal Circuit) - Affirmed the dismissal of a federally recognized Indian tribe's lawsuit seeking damages and injunctive relief for the alleged taking and mismanagement of its water rights. The Crow Creek Sioux Tribe filed suit against the federal government seeking to enforce its water rights on its reservation located along the Missouri River in South Dakota. Agreeing with the U.S. Court of Federal Claims, the Federal Circuit held that the tribe failed to allege an injury in fact, because there was no allegation that the tribe lacked sufficient water to fulfill the purposes of the reservation.

(WV Supreme Court of Appeals) - No. 18-0653

Playing the New Zealand Warriors across the ditch is a tough assignment at the best of times. When you are down on troops and up against a lopsided penalty count, the task becomes close to impossible.

Koda Killorn is shaping up as a real threat ahead of the NSW Grommet State Titles at his home break of Maroubra Beach.

NORTH Sydney’s Greenwood Hotel become an apres ski venue last weekend — complete with 60 tonnes of snow.

Five minutes on the field is all it takes to show the boys Emily Winslade means business.

(United States Second Circuit) - In a Bivens action, brought against defendant FBI agents and federal prosecutors for alleged constitutional violations in searching plaintiff investment fund owner's Manhattan offices, the district court's denial of qualified immunity is reversed where a corrected search warrant affidavit would have supported probable cause, the corrected warrant would have issued, and plaintiff cannot plead defendants' actions caused him preventable constitutional harm.

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 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.

Australian hockey star Adam Imer will be pulling on the green-and-yellow of Brazil this August and is heading to the Olympic Games where his biggest challenge will be taking on the Aussies.

(United States Second Circuit) - Vacate and order the unsealing of summary judgment record and remand. Intervenors, Dershowitz and the Miami Herald, appeal from an order denying motion to unseal filings in a defamation suit stemming from a suit brought as a result of the conviction of Jeffrey Epstein. Appeals court held the district court failed to conduct appropriate review when it ordered records sealed. Appeals court ordered the unsealing of summary judgment materials as there was no privacy interest sufficient to justify continued sealing. The remaining documents require additional review by the district court applying appropriate standards.

(United States DC Circuit) - Held that claimants whose family members were harmed in a terrorist attack may state a claim for intentional infliction of emotional distress even if the claimants were not present at the scene of the attack. The case involved District of Columbia tort law and terrorist bombings in East Africa.

(United States Second Circuit) - Held that eleven American families could not revive their lawsuit against the Palestinian Authority and others for various terror attacks in Israel that killed or wounded the plaintiffs or their family members. The plaintiffs relied on the 2018 enactment of the Anti-Terrorism Clarification Act, but the statute did not warrant the extraordinary remedy of recalling the mandate in this already completed case, which had been dismissed on procedural grounds.

(California Court of Appeal) - Held that a former company president did not have to arbitrate his claims that the CEO and others wrongfully diluted his interest in the high-tech company's stock. His employment contract's arbitration clause did not cover this situation. Affirmed the denial of a motion to compel arbitration.

(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.

(NY Supreme Court) - 2017–07383 (Index  12949/10) 12949/10

(California Court of Appeal) - In a dispute between a homeowner and a property insurance company over an allegedly misdirected check, held that the homeowner had no cause of action under a Uniform Commercial Code provision dealing with negotiable instruments. Affirmed summary judgment against the homeowner.

(United States Second Circuit) - Affirmed. Trial court dismissed Plaintiff’s complaint for failure to state a claim on the grounds that the claimed agreement entered into with Defendant had not be approved by the Defendant’s governing board as required by New York Town Law, hence there was no valid and enforceable contract.

(United States Fifth Circuit) - Certified. The state Supreme Court was asked how they would interpret the subrogation waiver in common form contracting agreements, a question that has split courts nationwide.

(California Court of Appeal) - Affirmed. Plaintiff sued employer, Defendant, for racial discrimination and retaliation. A jury found in favor of Plaintiff. Trial court granted Defendant’s motion for judgment notwithstanding verdict on the grounds that Plaintiff had failed to exhaust administrative remedies, but denied the motion with respect to the retaliation and discrimination claims. Appeals court found no error.

(United States Fifth Circuit) - Petition for review denied. A man injured while unloading a vessel on a fixed platform in Louisiana territorial waters met the requirements for coverage under the Longshore and Harbor Workers' Compensation Act.

(California Court of Appeal) - Affirmed. The court found that Senate Bill No. 1107 directly conflicts with Political Reform Act of 1974 and does not further the purposes of the Act.

(United States Ninth Circuit) - Reversing the district court's denial of habeas corpus to a petitioner challenging his conviction for crimes involving the robbery and murder of a man in a Las Vegas jewelry store that resulted in the death penalty because a combination of prosecutorial misconduct and woefully inadequate assistance of counsel produced an extreme malfunction in the state criminal justice system.

(United States Seventh Circuit) - Held that the district court should have abstained from exercising jurisdiction over a lawsuit contending that the First Amendment required the Clerk of the Circuit Court of Cook County, Illinois, to release newly filed complaints to the press at the moment of receipt by her office -- not after processing. Ordered the case dismissed without prejudice.

(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.

(United States Ninth Circuit) - In an amended opinion, held that an African American-owned operator of television networks sufficiently pleaded that a cable television operator unlawfully refused to enter into a carriage contract based on racial bias, in violation of 42 U.S.C. section 1981. Affirmed denial of a motion to dismiss, on interlocutory appeal.

(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.

(United States Second Circuit) - Vacate and order the unsealing of summary judgment record and remand. Intervenors, Dershowitz and the Miami Herald, appeal from an order denying motion to unseal filings in a defamation suit stemming from a suit brought as a result of the conviction of Jeffrey Epstein. Appeals court held the district court failed to conduct appropriate review when it ordered records sealed. Appeals court ordered the unsealing of summary judgment materials as there was no privacy interest sufficient to justify continued sealing. The remaining documents require additional review by the district court applying appropriate standards.

(California Court of Appeal) - Affirming the entry of judgment in favor of the defense following a jury trial alleging the breach of fiduciary duty in the operation of a seafood restaurant in San Diego because the partnership or joint venture was terminated when they incorporated the business and yet the claims were based on partnership or joint venture.