ter WesternGeco LLC v. ION Geophysical Corp. By feeds.findlaw.com Published On :: 2018-06-22T08:00:00+00:00 (United States Supreme Court) - Reversed and remanded. WesternGeco owns a patent for a system to survey the ocean floor and they believed that a competing system owned by ION infringed on their patent. WesternGeco sued. The jury found ION liable and awarded WesternGeco damages including lost profit damages. ION argued that the lost profit damages was not allowed and the appellate court agreed with them. The US Supreme Court disagreed and reversed and remanded the decision stating that lost profits for a domestic patent was permissible under the Patent Act. Full Article Intellectual Property Patent
ter Interval Licensing LLC v. AOL, Inc. By feeds.findlaw.com Published On :: 2018-07-20T08:00:00+00:00 (United States Federal Circuit) - Affirmed that certain computer-related patent claims were not directed to patent-eligible subject matter. In this patent infringement case, the Federal Circuit agreed with the district court that the patent claims at issue failed under the abstract idea exception, because the claims lacked any arguable technical advance over conventional computer and network technology. The patent claims here related to a way to display two sets of information, in a non-overlapping way, on a display screen. Full Article Intellectual Property Patent
ter Soarus LLC v. Bolson Materials International Corp. By feeds.findlaw.com Published On :: 2018-10-01T08:00:00+00:00 (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. Full Article Contracts Trade Secrets Patent
ter Matlin v. Spin Master Corp. By feeds.findlaw.com Published On :: 2019-04-22T08:00:00+00:00 (United States Seventh Circuit) - Affirmed the dismissal of a commercial dispute for lack of personal jurisdiction over the defendant companies, which lacked sufficient contacts with Illinois. The case involved an alleged failure to pay royalties to the owners of certain patent rights. Full Article Civil Procedure Patent
ter People v. Patterson By feeds.findlaw.com Published On :: 2016-12-22T08:00:00+00:00 (Court of Appeals of New York) - Conviction for second-degree burglary and robbery is affirmed where the trial court did not err in admitting into evidence subscriber information in prepaid cell phone records as nonhearsay evidence within a business record, because the information was not introduced for the truth of the matters asserted. Full Article Evidence Criminal Law & Procedure
ter Cole v. Hunter By feeds.findlaw.com Published On :: 2019-08-20T08:00:00+00:00 (United States Fifth Circuit) - Partially affirmed, partially reversed. The court determined that a jury, not judges, will resolve competing factual narratives relating to an excessive force claim that will determine whether qualified immunity applies. Full Article Constitutional Law Civil Procedure Evidence
ter Jeffra v. Cal. State Lottery By feeds.findlaw.com Published On :: 2019-08-29T08:00:00+00:00 (California Court of Appeal) - Affirmed. Plaintiff was an investigator employed by the California State Lottery. He sued Defendant alleging retaliation in violation of the California Whistleblower Protection Act. Defendant filed an anti-SLAPP motion to strike Plaintiff’s complaint. The trial court denied the motion. The appeals court agreed finding Plaintiff had established his complaint arose from a protected activity and that he was likely to succeed on the merits of his claim. Full Article Civil Rights Constitutional Law Labor & Employment Law
ter Sterling v. Sterling By feeds.findlaw.com Published On :: 2015-11-16T08:00:00+00:00 (California Court of Appeal) - In an action brought by the former owner of the Los Angeles Clippers, seeking to regain ownership of the professional basketball team that was purchased on August 12, 2014 via probate sale, the probate court's order sanctioning the sale is affirmed where: 1) the credited evidence overwhelmingly supported the court's conclusion that exigent circumstances warranted the sale of the Clippers to prevent extraordinary loss to the trust; and 2) the sanctioning of the sale was correct even through plaintiff, who initially agreed to the sale, purportedly revoked the trust in an effort to block the sale. Full Article Probate Trusts & Estates Sports Law Evidence
ter 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
ter Mayall v. USA Water Polo, Inc. By feeds.findlaw.com Published On :: 2018-11-28T08:00:00+00:00 (United States Ninth Circuit) - Held that a child who suffered head injuries while playing in a youth water polo league stated a claim that USA Water Polo acted negligently and unlawfully by failing to implement concussion-management and return-to-play protocols. Reversed the dismissal of a proposed class action brought by her parent on her behalf. Full Article Sports Law Injury & Tort Law
ter Northrop Grumman Technical Service, Inc. v. DynCorp International LLC By feeds.findlaw.com Published On :: 2017-07-28T08:00:00+00:00 (United States Fourth Circuit) - Affirming the remand of a case involving a dispute between a government contractor and its subcontractor because the party seeking to remove to federal court filed an untimely notice to remove and had waived its right to remove by engaging in substantive defensive action in state court prior to filing a notice of removal by filing counterclaims in state court. Full Article Civil Procedure Government Contracts Contracts
ter Alliance for Open Society International, Inc. v. US Agency for International Development By feeds.findlaw.com Published On :: 2018-12-20T08:00:00+00:00 (United States Second Circuit) - Held that the U.S. government could not constitutionally deny funding to fight HIV/AIDS abroad based on a foreign organization's failure to adopt a policy explicitly opposing prostitution and sex trafficking. Affirmed the issuance of a permanent injunction on First Amendment grounds. The government had been interpreting a related 2013 Supreme Court decision narrowly. Full Article Government Contracts Health Law Constitutional Law
ter International Brotherhood of Teamsters, Local 848 v. City of Monterey Park (First Transit, Inc.) By feeds.findlaw.com Published On :: 2019-01-07T08:00:00+00:00 (California Court of Appeal) - Revived a labor union's claim that a municipality violated a law concerning contract bidding when it hired a new private company to operate its municipal bus system. Reversed a dismissal and remanded, in this case involving a statutory bidding preference tied to labor rights. Full Article Transportation Labor & Employment Law Government Contracts
ter SummerHill Winchester LLC v. Campbell Union School District By feeds.findlaw.com Published On :: 2018-12-20T08:00:00+00:00 (California Court of Appeal) - Affirmed that a school district failed to take the proper steps to enact a fee on new residential development within the district to fund the construction of school facilities. Held that the fee study did not contain the data required to properly calculate a development fee. Full Article Education Law Tax Law Construction
ter Venice Coalition to Preserve Unique Community Character v. City of Los Angeles By feeds.findlaw.com Published On :: 2019-01-09T08:00:00+00:00 (California Court of Appeal) - Held that a citizen group could not proceed with its claims that the City of Los Angeles engaged in a pattern and practice of illegally exempting certain development projects in Venice from permitting requirements contained in the California Coastal Act and the Venice Land Use Plan. Affirmed summary judgment for city. Full Article Environmental Law Property Law & Real Estate Construction
ter Trustees of the Suburban Teamsters v. The E Company By feeds.findlaw.com Published On :: 2019-01-29T08:00:00+00:00 (United States Seventh Circuit) - Held that a construction business that ceased operations and cut off its pension contributions was subject to withdrawal liability under ERISA's Multiemployer Pension Plan Amendments. Affirmed summary judgment in favor of a labor union pension fund. Full Article ERISA Construction
ter Berkeley Hills Watershed Coalition v. City of Berkeley By feeds.findlaw.com Published On :: 2019-01-30T08:00:00+00:00 (California Court of Appeal) - Held that a neighborhood organization could not stop the construction of three new single-family homes in a certain location, despite alleged violations of zoning and environmental laws. Affirmed the denial of a writ petition. Full Article Environmental Law Construction
ter Ione Valley Land, Air, and Water Defense Alliance, LLC v. County of Amador By feeds.findlaw.com Published On :: 2019-03-20T08:00:00+00:00 (California Court of Appeal) - Held that an environmental group could not proceed with its challenge to a county's approval of a private company's plan to build a rock quarry and related facilities. Affirmed the denial of a writ petition. Full Article Environmental Law Construction
ter Winters v. Wilkie By feeds.findlaw.com Published On :: 2018-08-10T08:00:00+00:00 (United States Federal Circuit) - Affirmed that a veteran's surviving spouse who had litigated over certain benefits was not entitled to an award of attorney fees. The spouse of a deceased World War II veteran argued that she had prevailed on her benefit claims and thus was entitled to recover her attorney fees pursuant to the Equal Access to Justice Act. On appeal from the U.S. Court of Appeals for Veterans Claims, the Federal Circuit held that she had not obtained a sufficiently successful result to qualify as a prevailing party for purposes of the attorney fee statute. Full Article Government Benefits Military Law Attorney's Fees
ter Independent Living Center of Southern California, Inc. v. Kent By feeds.findlaw.com Published On :: 2018-11-21T08:00:00+00:00 (United States Ninth Circuit) - Reversed the denial of the plaintiffs' request for attorney fees following the settlement of litigation challenging California's attempt to reduce the rate of Medi-Cal reimbursement for healthcare providers by 10 percent. Remanded for further proceedings on the attorney fee request. Full Article Government Benefits Health Law Attorney's Fees
ter Planned Parenthood of Greater Texas v. Smith By feeds.findlaw.com Published On :: 2019-01-17T08:00:00+00:00 (United States Fifth Circuit) - Held that the State of Texas should not have been enjoined from terminating Medicaid funding to Planned Parenthood facilities. Concluded that the district court applied an incorrect standard of review, in this case involving the facilities' alleged noncompliance with accepted medical and ethical standards. Vacated a preliminary injunction and remanded. Full Article Health Law Government Benefits
ter Burmester v. Berryhill By feeds.findlaw.com Published On :: 2019-04-05T08:00:00+00:00 (United States Seventh Circuit) - Upheld the Social Security Administration's decision that an applicant was not entitled to disability insurance benefits because she was not disabled. Affirmed the district court's decision. Full Article Government Benefits
ter Hoag Memorial Hospital Presbyterian v. Kent By feeds.findlaw.com Published On :: 2019-06-17T08:00:00+00:00 (California Court of Appeal) - Held that a hospital waited too long to file an administrative appeal challenging a reduction in Medi-Cal reimbursements. Affirmed that the filing was untimely. Full Article Health Law Government Benefits
ter D.C. Association of Chartered Public Schools v. District of Columbia By feeds.findlaw.com Published On :: 2019-07-19T08:00:00+00:00 (United States DC Circuit) - Vacated and remanded. The district court dismissed claims by a group of chartered schools complaining about school funding practices but the case was vacated and remanded for dismissal because they lacked jurisdiction to hear the claims in the first instance. Full Article Civil Procedure Education Law Government Benefits
ter SARS eFiling Phishing Scam - Support Center By feedproxy.google.com Published On :: Sat, 18 Jan 2014 14:54:08 +0200 Another lame attempt at defrauding honest tax-paying South Africans. These phishing scammers could have at least used a better logo in their e-mail. Full Article
ter Lottery Scam - WESTERN UNION CUSTOMER REWARD PROMOTION By feedproxy.google.com Published On :: Tue, 08 Apr 2014 21:48:15 +0200 A SCREAMING 419 scammer. Maybe he is frustrated because nobody believes in the $700,000 prize money. Full Article
ter Loan Offer Scam - LOAN AT 3% INTEREST RATE!!!!! By feedproxy.google.com Published On :: Tue, 08 Apr 2014 22:30:44 +0200 Mr James Morrison, the Trustfund Loan Lender. Sounds like a 419 superhero. Full Article
ter Job Offer Scam - Job Bank: Employment, Job Search, Careers, Computer Jobs By feedproxy.google.com Published On :: Mon, 21 Apr 2014 22:44:36 +0200 Cliff is offering you the job of shipping manager assistant. The problem is, there is no job, so there is no salary, only a scammer waiting to take your money. This is the worst type of scammer, taking money from unemployed people. Full Article
ter Lottery Scam - CONTACT MR. MARK VAN JAS By feedproxy.google.com Published On :: Tue, 22 Apr 2014 22:12:56 +0200 You need to contact Mr Mark Van Jas... but what if you are under the age of 18? Full Article
ter Berkeley Hills Watershed Coalition v. City of Berkeley By feeds.findlaw.com Published On :: 2019-01-30T08:00:00+00:00 (California Court of Appeal) - Held that a neighborhood organization could not stop the construction of three new single-family homes in a certain location, despite alleged violations of zoning and environmental laws. Affirmed the denial of a writ petition. Full Article Environmental Law Construction
ter Ione Valley Land, Air, and Water Defense Alliance, LLC v. County of Amador By feeds.findlaw.com Published On :: 2019-03-20T08:00:00+00:00 (California Court of Appeal) - Held that an environmental group could not proceed with its challenge to a county's approval of a private company's plan to build a rock quarry and related facilities. Affirmed the denial of a writ petition. Full Article Environmental Law Construction
ter Southwestern Electric Power Co. v. EPA By feeds.findlaw.com Published On :: 2019-04-12T08:00:00+00:00 (United States Fifth Circuit) - Invalidated portions of an Environment Protection Agency final rule regarding waste streams from steam-electric power plants. Remanded to the agency for reconsideration in regard to legacy wastewater and combustion residual leachate, in this challenge brought by environmentalists, utilities and others. Full Article Environmental Law Water Law
ter Western Watersheds Project v. Grimm By feeds.findlaw.com Published On :: 2019-04-23T08:00:00+00:00 (United States Ninth Circuit) - Revived conservationist groups' challenge to the federal government's participation in the killing of gray wolves in Idaho. Reversed a dismissal for lack of Article III standing and remanded. Full Article Environmental Law
ter Center for Biological Diversity v. US Forest Service By feeds.findlaw.com Published On :: 2019-05-30T08:00:00+00:00 (United States Ninth Circuit) - Revived environmental organizations' lawsuit seeking to compel the U.S. Forest Service to ban hunters' use of lead ammunition, which is ingested by scavenger wildlife species and causes lead poisoning. Held that the suit for declaratory and injunctive relief was justiciable. Reversed a dismissal and remanded. Full Article Environmental Law
ter Center for Biological Diversity v. California Department of Conservation By feeds.findlaw.com Published On :: 2019-06-14T08:00:00+00:00 (California Court of Appeal) - Rejected an environmental advocacy group's challenge to an environmental impact report prepared by the California Department of Conservation addressing the effects of hydraulic fracturing and other well stimulation treatments. Affirmed the denial of writ relief. Full Article Environmental Law Oil and Gas Law Water Law
ter 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
ter Center for Biological Diversity v. Ilano By feeds.findlaw.com Published On :: 2019-06-24T08:00:00+00:00 (United States Ninth Circuit) - Upheld the U.S. Forest Service's approval of a project to address spreading pine-beetle infestation in certain at-risk forest lands. Rejected environmental groups' claims concerning the impact on a particular species of owl. Affirmed summary judgment for the government. Full Article Environmental Law
ter SelectSun GmbH v. Porter, Inc. By feeds.findlaw.com Published On :: 2019-06-25T08:00:00+00:00 (United States Seventh Circuit) - Held that a yacht buyer may not proceed with a contract and warranty lawsuit against a yacht manufacturer. Affirmed a judgment after a bench trial, in a dispute involving the exhaust system's compliance with European Union regulatory requirements. Full Article Environmental Law Contracts Admiralty
ter In re Deepwater Horizon By feeds.findlaw.com Published On :: 2019-06-26T08:00:00+00:00 (United States Fifth Circuit) - In a case involving the Deepwater Horizon Class Action Settlement Agreement, held that the district court erred in analyzing certain business claims for economic loss. The issue had to do with the process of matching revenues and expenses. Reversed and remanded. Full Article Environmental Law Oil and Gas Law
ter Winding Creek Solar LLC v. Peterman By feeds.findlaw.com Published On :: 2019-07-29T08:00:00+00:00 (United States Ninth Circuit) - Affirmed. Plaintiff filed suit against the Commissioners of the California Public Utilities commission alleging that the California Renewable Market Adjust Tariff (Re-MAT) program violated the Public Utility Regulatory Policies Act (PURPA). The district court granted summary judgment in favor of the Plaintiff, but declined to grant Plaintiff a contract with PG&E at a specified price. The Ninth Circuit held that the Re-MAT program violated the PURPA and therefore is preempted by PURPA, but the Ninth Circuit would not grant the contract because PG&E was not a party to the suit. Full Article Environmental Law Public Utilities Contracts
ter Barclay Hollander Corp. v. Cal. Regional Water Quality Control By feeds.findlaw.com Published On :: 2019-08-07T08:00:00+00:00 (California Court of Appeal) - Affirmed the judgment upholding the Defendant, Water Board’s, determination that Plaintiff was jointly and severally responsible for the cleanup and abatement of petroleum residue or waste. Plaintiff sought a reversal of order denying petition to overturn that determination. Full Article Environmental Law Administrative Law
ter Valbruna Slater Steel Corp. v. Joslyn Manufacturing Co. By feeds.findlaw.com Published On :: 2019-08-08T08:00:00+00:00 (United States Seventh Circuit) - Affirmed. A steel mill could be sued under the Comprehensive Environmental Response Compensation and Liability Act but Indiana's Environmental Legal Actions Statute was precluded. The suit was timely and equitable contribution rulings were proper. Full Article Environmental Law Civil Procedure
ter Center for Biological Diversity v. EPA By feeds.findlaw.com Published On :: 2019-08-30T08:00:00+00:00 (United States Fifth Circuit) - Dismissed. The Center for Biological Diversity lacked standing to challenge the Environmental Protection Agency's issuance of a permit that will lead to increased pollution in the Gulf of Mexico. Full Article Environmental Law Civil Procedure
ter Disney Enterprises, Inc. v. Vidangel, Inc. By feeds.findlaw.com Published On :: 2017-08-24T08:00:00+00:00 (United States Ninth Circuit) - Affirming a preliminary injunction against a company whose business involved purchasing physical copies of copyrighted movie and television shows, censoring objectionable content, and then ripping digital copies of their edited versions to stream to customers because the Family Movie Act and the anti-circumvention provision of the Digital Millennium Copyright Act did not permit the defendant's activities. Full Article Intellectual Property Copyright Civil Procedure Media Law
ter Rentmeester v. Nike, Inc. By feeds.findlaw.com Published On :: 2018-02-27T08:00:00+00:00 (United States Ninth Circuit) - Affirming the dismissal of a copyright infringement action brought by a photographer against Nike who commissioned its own photograph, similar to the photographer's, for use in the creation of the Jumpman logo because although the photo could sustain copyright the pose in the picture could not and the logo was not substantially similar to the photo. Full Article Intellectual Property Copyright
ter Naruto v. Slater By feeds.findlaw.com Published On :: 2018-04-23T08:00:00+00:00 (United States Ninth Circuit) - Affirming the district court dismissal of claims brought by a monkey, the continuation of the fascinating Monkey Selfie suit, holding that while the monkey had constitutional standing to bring suit, he lacked statutory standing to claim copyright infringement because the Copyright Act doesn't expressly authorize animals to file copyright infringement suits. Full Article Intellectual Property Copyright Civil Procedure Constitutional Law
ter ABS Entertainment, Inc. v. CBS Corp. By feeds.findlaw.com Published On :: 2018-08-20T08:00:00+00:00 (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. Full Article Entertainment Law Intellectual Property Copyright
ter ABS Entertainment Inc. v. CBS Corp. By feeds.findlaw.com Published On :: 2018-10-31T08:00:00+00:00 (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. Full Article Copyright Entertainment Law
ter Malibu Textiles, Inc. v. Label Lane International, Inc. By feeds.findlaw.com Published On :: 2019-04-24T08:00:00+00:00 (United States Ninth Circuit) - Revived a textile company's copyright infringement claims accusing certain competitors of illegally copying its floral lace designs. Reversed dismissals. Full Article Intellectual Property Copyright
ter Gold Value International Textile Inc. v. Sanctuary Clothing, LLC By feeds.findlaw.com Published On :: 2019-06-04T08:00:00+00:00 (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. Full Article Intellectual Property Copyright