(United States Fifth Circuit) - Held that an Alabama-based manufacturer of commercial signs was entitled to compensation for losses attributable to the Deepwater Horizon oil spill. Upheld the decision of a settlement program administrator, which was challenged by oil company BP.

(United States Fifth Circuit) - Held that an electrical contractor was entitled to compensation for losses attributable to the Deepwater Horizon oil spill. Upheld the decision of a settlement program administrator, which was challenged by oil company BP.

(United States Fifth Circuit) - Held that a short-term vacation rental business was improperly denied compensation for losses attributable to BP's 2010 oil spill. The settlement program administrator, and the district court, misinterpreted the settlement agreement's definition of a failed business. Vacated and remanded.

(California Court of Appeal) - Rejected an environmental group's challenge to the issuance of a revised permit for a landfill. Affirmed the denial of writ relief.

(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.

(California Court of Appeal) - Affirmed. Plaintiff, a citizen group, sued Defendant, a city, claiming the city violated zoning law and the California Environmental Quality Act (CEQA) by approving a certain development. The trial court found the development consistent with CEQA and denied Plaintiff’s writ of mandate petition.

(United States Ninth Circuit) - Reinstated claims for violation of California law copyrights possessed in certain musical performance sound recordings. The plaintiff copyright holders argued that their decision to remaster their pre-1972 analog sound recordings onto digital formats did not bring the remastered sound recordings exclusively under the ambit of federal law. Agreeing with the plaintiffs that their state law copyright claims were not preempted, the Ninth Circuit reversed the entry of summary judgment for the defendant radio broadcasters.

(United States Ninth Circuit) - In an amended opinion, reinstated musical recording owners' claims that radio broadcasters violated their state law copyrights in pre-1972 analog sound recordings that were later remastered onto digital formats. Reversed the entry of summary judgment for the broadcasters and also reversed the striking of the plaintiffs' class certification motion.

(United States Fourth Circuit) - Affirmed that the district court lacked subject-matter jurisdiction over a constitutional challenge to the Natural Gas Act. Landowners along the path of a proposed natural gas pipeline brought this action disputing the constitutionality of various provisions of the Natural Gas Act. Agreeing with the district court, the Fourth Circuit held that the suit must be dismissed for lack of subject-matter jurisdiction on the grounds that the landowners ought to have brought their claims through the agency review process laid out in the Natural Gas Act.

(United States Fifth Circuit) - In a case arising out of the 2010 Deepwater Horizon oil spill, held that a detrimentally impacted seafood business's monetary award under a court supervised settlement program was not properly calculated. Vacated and remanded.

(United States Ninth Circuit) - Affirmed the dismissal of an industry challenge to California's Low Carbon Fuel Standard. A number of industry trade groups argued that the California regulations designed to reduce the rate of greenhouse gas emissions violate the Commerce Clause or other parts of the federal constitution. However, the Ninth Circuit was not persuaded.

(United States Fifth Circuit) - Affirmed that a nonprofit organization was entitled to compensation under a settlement program that oil company BP established following the Deepwater Horizon oil spill. Upheld the claims administrator's decision.

(United States Fifth Circuit) - Held that a professional basketball player was not entitled to compensation for his alleged lost earnings resulting from the Deepwater Horizon oil spill. A player for the New Orleans Hornets (now known as the New Orleans Pelicans) claimed that the spill indirectly impacted his earnings under a previously negotiated contract. On BP's appeal, the Fifth Circuit overturned the award approved by a settlement claims administrator.

(United States Fifth Circuit) - Held that a manufacturer was entitled to millions of dollars in compensation for losses attributable to the Deepwater Horizon oil spill. Upheld the decision of a settlement program administrator, which was challenged by oil company BP.

(United States Fifth Circuit) - Held that an Alabama-based manufacturer of commercial signs was entitled to compensation for losses attributable to the Deepwater Horizon oil spill. Upheld the decision of a settlement program administrator, which was challenged by oil company BP.

(United States Fifth Circuit) - Held that an electrical contractor was entitled to compensation for losses attributable to the Deepwater Horizon oil spill. Upheld the decision of a settlement program administrator, which was challenged by oil company BP.

(United States Fifth Circuit) - Held that a short-term vacation rental business was improperly denied compensation for losses attributable to BP's 2010 oil spill. The settlement program administrator, and the district court, misinterpreted the settlement agreement's definition of a failed business. Vacated and remanded.

(California Court of Appeal) - In a suit involving the raisin industry and the California Marketing Act of 1937 (CMA), Food & Agr. Code section 58601 et seq., the trial court's interpretation of the CMA's requirement, that the Secretary of California's Department of Food and Agriculture, in adopting a marketing order for industry advertising or research, must find that the order will tend to effectuate the declared purposes and policies of the CMA, is reversed where it erroneously limits the CMA's applicability only to Great Depression-like economic circumstances.

(United States Ninth Circuit) - In an action in which plaintiff challenged, on First Amendment grounds, California Business and Professions Code Section 25503(f)-(h), which forbids manufacturers and wholesalers of alcoholic beverages from giving anything of value to retailers for advertising their alcoholic products, the district court's summary judgment to agency-defendant is reversed where plaintiff, a middleman involved in the advertising industry, had standing to challenge section 25503, because the Supreme Court's opinion in Sorrell v. IMS Health, Inc., 131 S. Ct. 2653 (2011), requires heightened judicial scrutiny of content-based restrictions on non-misleading commercial speech regarding lawful products, rather than the intermediate scrutiny previously applied to section 25503 by the Ninth Circuit in Actmedia, Inc. v. Stroh, 830 F.2d 957 (9th Cir.1986).

(United States Ninth Circuit) - In an action challenging, on First Amendment grounds, California Business and Professions Code section 25503(f)-(h), which prohibits alcohol manufacturers and wholesalers from providing anything of value to retailers in exchange for advertising their alcohol products, the district court's summary judgment in favor of the Acting Director of the California Department of Alcoholic Beverage Control is affirmed by an en banc court where: 1) thirty years ago, in Actmedia, Inc. v. Stroh, 830 F.2d 957 (9th Cir. 1986), this Circuit rejected a First Amendment challenge to the same California and Professions Code provision; and 2) the U.S. Supreme Court's decision in Sorrell v. IMS Health Inc., 564 U.S. 552 (2011) did not modify the Central Hudson test that been applied in Actmedia.

(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.

(United States Seventh Circuit) - Affirmed. The district court dismissal of a workplace harassment suit was affirmed because after harassment was reported the company swiftly investigated and fired the harasser. No evidence was presented to support allegations of harassment in the victim's subsequent dismissal.

(United States Seventh Circuit) - Vacated and remanded. The district court dismissal of a suit for failure to exhaust remedies was vacated because the claims of discrimination had been exhausted before the Equal Employment Opportunity Commission.

(California Court of Appeal) - Affirmed. Plaintiff filed suit alleging that Defendant failed to pay them for their work growing marijuana as agreed under a contract. Defendant failed to file a responsive pleading. The trial court ordered Plaintiff to take the Defendant’s default by a specified date. The default was taken. Defendant then sought to set-aside the default. The trial court denied relief. The appeals court found no abuse of discretion finding that the Defendant’s failure to respond to the complaint was knowing and deliberate.

(Supreme Court of Delaware) - In an objection to the Vice Chancellor's approval of a settlement among a majority of Countrywide stockholders, Countrywide directors, and Bank of America (BOA), related to Countrywide's merger with BOA, denial of the objection is affirmed where the Vice Chancellor did not abuse his discretion by holding that objector's derivative suit claims for breach of asserted duties were worthless and, therefore, added no conceivable value to the merger.

(United States DC Circuit) - In a petition for review of the Surface Transportation Board's approval of the acquisition of certain railroads by another railroad, the petition is denied where: 1) one petitioner lacked standing because, if the board's decision were overturned, the construction authorization would not be affected and no new environmental impact statement would be required for the area; and 2) the board did not abuse its discretion in approving the transaction.

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(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.

(United States Second Circuit) - Reversed and Remanded. Plaintiff sued seeking to expand its primary runway. The district court ruled that Plaintiff lacked standing to invalidate a Connecticut statute prohibiting the expansion, but even if it had standing the Federal Aviation Act did not preempt the statute. The appeals court disagreed and reversed and remanded for an entry of judgment in Plaintiff’s favor.

(California Court of Appeal) - Affirmed. Plaintiff, a citizen group, sued Defendant, a city, claiming the city violated zoning law and the California Environmental Quality Act (CEQA) by approving a certain development. The trial court found the development consistent with CEQA and denied Plaintiff’s writ of mandate petition.

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(United States Federal Circuit) - Affirming that a chemical compound that mirrored a patented chemical compound was encompassed by the description that only portrayed one of the arrangements in the claim.

(United States Federal Circuit) - Affirming the dismissal of a declaratory judgment action filed against the producer of several antiviral drugs used in the treatment of AIDS by an organization providing medical care to AIDS sufferers seeking to have patents declared invalid because the action failed to meet the requirements of the Declaratory Judgment Act.

(United States Federal Circuit) - Affirming in part and reversing in part the inter partes review decision of the US Patent and Trademark Office Patent Trial and Appeal Bard holding claims for methods of distributing nitric oxide gas cylinders for pharmaceutical applications used in treating respiratory failure as unpatentable as obvious because, while the Board didn't err as to most of the rulings, it did as to one.

(United States Federal Circuit) - Affirmed that tribal sovereign immunity could not be asserted in a patent proceeding. A pharmaceutical company involved in a dispute over an eye medication patent transferred the title of its patent to a Native American tribe, which then moved to terminate the patent proceeding on the basis of sovereign immunity. Concluding that tribal sovereign immunity cannot be asserted in inter partes review, the Federal Circuit affirmed the denial of the Tribe's motion to terminate the proceeding.

Welke whiteboard-tools kun je online gebruiken, hoe kun je veilig videobellen via Zoom, en wat is de beste bedrijfsstrategie tijdens de coronacrisis? Dit – en meer – zijn de best gelezen artikelen op Frankwatching in de maand april. 1. Zoom & privacy: zo kun je veilig videobellen [how to] Zoom stond de afgelopen weken vol […]

Gaan we in de toekomst machines uitvinden die zichzelf verbeteren, waardoor we geen controle meer hebben over de technologische groei? Dit omslagpunt wordt ook wel singulariteit genoemd. In dit stuk ga ik verder in wat hiermee bedoeld wordt én waarom we dit misschien nooit zullen bereiken. Optimisme versus pessimisme Er heerst zowel optimisme als pessimisme […]

The Venezuelan military defector identified as the ringleader of the botched coup attempt in Venezuela was likely working as a "double agent" for the same man he allegedly attempted to overthrow, socialist narco-dictator Nicolás Maduro, Breitbart News has learned.

Anti-democratic Democrats opened up a new front in their relentless war on an independent judiciary in America.

Friday, former Republican Party chairman Michael Steele said to "bet on" President Donald Trump would bring back former National Security Adviser Gen. Michael Flynn to his administration "in some form."

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.

The Republican National Committee (RNC) launched a digital platform on Friday called "Protect the Vote" as a response to the left's increasing attempts to use the coronavirus pandemic to push their election agenda items, such as universal mail-in voting.

On Friday’s broadcast of MSNBC’s “All In,” Senate Minority Leader Chuck Schumer (D-NY) stated that vote by mail provisions “will be a very important part of the legislation that we’re going to put forward, and we are going to fight

President Donald Trump's re-election campaign blasted California Gov. Gavin Newsom's (D-CA) executive order allowing registered voters in the state to vote by mail in the November election, calling it a "thinly-veiled political tactic" aimed at undermining election security. 

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.

On Friday’s broadcast of HBO’s “Real Time,” host Bill Maher discussed the sexual assault allegations made by Tara Reade against 2020 Democratic presidential candidate former Vice President Joe Biden and stated that the matter is a he said, she said,

"How did Michael Moore become a hero to climate deniers and the far right?" asks a disturbed and tearful George Monbiot in the Guardian. Simple: by speaking the truth, for a change.

For the first time in eight weeks, Hawaii has reported no new statewide cases of COVID-19, leaving the total case count since the beginning of the pandemic at 629.

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