ter Sierra Club v. State Water Control Board By feeds.findlaw.com Published On :: 2018-08-01T08:00:00+00:00 (United States Fourth Circuit) - Denied a legal challenge filed by environmental groups seeking to prevent the construction of a natural gas pipeline across part of Virginia. The environmental groups argued that the Commonwealth of Virginia had improperly certified that the pipeline project would not degrade the state's water. Unpersuaded, the Fourth Circuit, which had jurisdiction over the case by federal statute, concluded that Virginia's issuance of a Clean Water Act certification was not arbitrary and capricious, and thus denied the environmental groups' petition for review. Full Article Water Law Environmental Law Oil and Gas Law
ter Arandell Corp. v. CenterPoint Energy Services, Inc. By feeds.findlaw.com Published On :: 2018-08-06T08:00:00+00:00 (United States Ninth Circuit) - Reinstated an antitrust claim against a wholly owned natural gas subsidiary that said it had no knowledge of its parent company's alleged price-fixing scheme that had pumped up the price of gas. The subsidiary argued that it could not be held liable for violating Wisconsin antitrust law because it was not involved in anything unlawful that its parent company may have done. Unpersuaded, the Ninth Circuit emphasized that a parent and a wholly owned subsidiary always act as a single enterprise whenever they engage in coordinated activity, and thus reversed the grant of summary judgment to the subsidiary. Full Article Oil and Gas Law Antitrust & Trade Regulation
ter Center for Biological Diversity v. Department of Conservation By feeds.findlaw.com Published On :: 2018-08-14T08:00:00+00:00 (California Court of Appeal) - Affirmed that an environmental group was not entitled to a writ of mandate directing the California Department of Conservation to order the immediate closure of oil and gas wells injecting fluids into certain underground aquifers. The environmental group argued that the department had violated its duty under the federal Safe Drinking Water Act to protect the aquifers. Unpersuaded, the First Appellate District held that the trial court properly denied the petition for a writ of mandate. Full Article Water Law Environmental Law Oil and Gas Law
ter In re Deepwater Horizon By feeds.findlaw.com Published On :: 2018-10-18T08:00:00+00:00 (United States Fifth Circuit) - In a case related to the Deepwater Horizon oil spill, affirmed the dismissal of claims brought by individuals and associations located in Mexico that relied on the fishing industry as a primary source of income, citing noncompliance with certain procedures ordered by the district court. Full Article Environmental Law Oil and Gas Law
ter Eni US Operating Co., Inc. v. Transocean Offshore Deepwater Drilling, Inc By feeds.findlaw.com Published On :: 2019-03-28T08:00:00+00:00 (United States Fifth Circuit) - In a contractual dispute between two companies in the oil-drilling business, vacated a bench trial judgment, in part. The contract related to exploratory drilling for offshore oil. Full Article Oil and Gas Law Contracts
ter 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
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 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 Apache Deepwater L.L.C. v. W & T Offshore, Inc. By feeds.findlaw.com Published On :: 2019-07-16T08:00:00+00:00 (United States Fifth Circuit) - Affirmed. The jury award of more than $43 mil. for the breach of a Joint Operating Agreement relating to the plugging and abandonment operation of offshore oil and gas wells in the Gulf of Mexico was affirmed because the application of Louisiana Civil Code and interpretation of the contract was appropriate. No bad faith offset entitlement was found. Full Article Oil and Gas Law Civil Procedure Contracts
ter Najas Realty, LLC v. Seekonk Water Dist. By feeds.findlaw.com Published On :: 2016-05-02T08:00:00+00:00 (United States First Circuit) - In an action stemming from the plaintiffs' purchase of a piece of land and the opposition the defendants mounted to the plaintiffs' plan to develop that property, alleging defendants' conduct violated various constitutional and state law provisos, including 42 U.S.C. section 1983 and the Massachusetts Civil Rights Act (MCRA), Mass. Gen. Laws Ann. ch. 12, section 11, the District Court's grant of judgment on the pleadings in favor of defendants is affirmed where plaintiffs did not give sufficient facts to state plausible-on-their-face claims, ones that gave rise to more than a mere possibility of liability. Full Article Property Law & Real Estate Civil Rights
ter Trafon Group, Inc. v. Butterball LLC By feeds.findlaw.com Published On :: 2016-05-03T08:00:00+00:00 (United States First Circuit) - In a suit alleging defendant breached an exclusive distribution agreement in violation of Puerto Rico's Law 75 of June 24, 1964, P.R. Laws Ann. tit. 10 section 278, the District Court's denial of a preliminary injunction against defendant and dismissal of the complaint is affirmed where plaintiff's claim was barred under Law 75's three-year statute of limitations and properly under Federal Rule of Civil Procedure 56(f). Full Article Civil Procedure Contracts
ter Andrews v. America's Living Centers, LLC By feeds.findlaw.com Published On :: 2016-06-28T08:00:00+00:00 (United States Fourth Circuit) - In an attorney's fees action, the district court's dismissal of plaintiff's action is reversed where: 1) an award of attorneys' fees are permissible under F.R.C.P. 41(d) ; but 2) the Fair Labor Standards Act does not permit an award of attorneys' fees for defendants and plaintiff's conduct was not undertaken in bad faith, vexatiously, wantonly, or for oppressive reasons. Full Article Attorney's Fees
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 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 Alternate Fuels, Inc. v. Cabanas By feeds.findlaw.com Published On :: 2008-08-18T08:00:00+00:00 (United States Eighth Circuit) - In an action against Missouri Department of Natural Resources officials claiming denial of equal protection, tortious interference with contract, and First Amendment retaliation, partial summary judgment for defendant on the First Amendment claim and judgment pursuant to jury verdict for plaintiff on the tortious-interference claim are affirmed where: 1) plaintiff had no standing to assert the First Amendment claim; 2) defendant's motions for judgment as a matter of law could not be the basis of an appeal; 3) the district court properly refused defendant's "official duties" and "official immunity" instructions; and 4) the district court had subject matter jurisdiction over the tortious-interference claim. Full Article Civil Procedure Civil Rights Constitutional Law Contracts Government Law Injury & Tort Law Labor & Employment Law M&A
ter 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
ter Slattery v. US By feeds.findlaw.com Published On :: 2009-09-29T08:00:00+00:00 (United States Federal Circuit) - In plaintiffs' breach of contract case against United States, acting through the FDIC, the Court of Federal Claims' judgment is affirmed in part, revered in part and remanded where: 1) the judgment of the Court of Federal Claims is affirmed as to jurisdiction, liability, and the assessment of damages for lost value in the amount of $276 million, net of the receivership deficit, and with an appropriate tax gross-up; 2) judgments as to the award of $67 million in non-overlapping restitution damages and as cumulative the award of wounded bank damages of $28 million are reversed; and 3) dismissal of intervenors' claims relating to the liquidation surplus is reversed and remanded. Full Article Banking Law Contracts Government Contracts Government Law M&A
ter WellPoint, Inc. v. Comm'r of Internal Revenue By feeds.findlaw.com Published On :: 2010-03-23T08:00:00+00:00 (United States Seventh Circuit) - Judgment of the Tax Court that plaintiff could not deduct from its taxable income either the amount it paid to the states or the legal expenses that it had incurred in the litigation, involving the acquisition of Blue Cross Blue Shield insurance companies, is affirmed as, under the application of the "origin of the claim" doctrine, costs incurred in defending the lawsuit were capital expenditures and so could not be deducted as ordinary and necessary business expenses. Full Article Civil Procedure Corporation & Enterprise Law Insurance Law M&A Tax Law
ter Commuter Rail Div. v. Surface Transp. Bd. By feeds.findlaw.com Published On :: 2010-06-15T08:00:00+00:00 (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. Full Article Administrative Law Civil Procedure Construction Corporation & Enterprise Law Environmental Law M&A Transportation
ter Slattery v. US By feeds.findlaw.com Published On :: 2011-01-28T08:00:00+00:00 (United States Federal Circuit) - In an en banc review of the Court of Federal Claims ruling against the government in a suit on behalf of shareholders of a failing bank that merged with a solvent bank, alleging that the government breached its contracts with the acquiring bank, jurisdiction was properly exercised by the Court of Federal Claims, as; 1) when a government agency is asserted to have breached an express or implied contract that it entered on behalf of the United States, there is Tucker Act jurisdiction of the cause unless such jurisdiction was explicitly withheld or withdrawn by statute, and 2) the jurisdictional foundation of the Tucker Act is not limited by the appropriation status of the agency's funds or the source of funds by which any judgment may be paid. Full Article M&A Administrative Law Banking Law
ter VRG Linhas Aereas S.A. v. MatlinPatterson Global Opportunities Partners II By feeds.findlaw.com Published On :: 2013-06-03T08:00:00+00:00 (United States Second Circuit) - The district court's judgment denying the petition to confirm a Brazilian arbitral award is vacated and remanded, where the district court decided that the parties' dispute was beyond the scope of their arbitration agreement, without first determining whether the parties had agreed to an arbitration clause that clearly and unmistakably assigned to an arbitral panel, rather than to the court, any questions about the scope of their arbitration agreement. Full Article Commercial Law Contracts Dispute Resolution & Arbitration International Law M&A
ter ProgStock Festival, The American Northeast's Only Progressive Rock Music Festival, Returns To The Union County Performing Arts Center, Rahway, NJ, October 11-13, 2019 By feedproxy.google.com Published On :: ProgStock Festival Was Founded To Give Artists And Fans In The Genre Of Progressive Rock A Place To Play Full Article
ter Electronic Privacy Information Center v. US Dept. of Commerce and Bureau of the Census By feeds.findlaw.com Published On :: 2019-06-28T08:00:00+00:00 (United States DC Circuit) - Remanded for dismissal. The Electronic Privacy Information Center sued following a US Department of Commerce announcement that citizenship would be among the questions included in the 2020 census. EPIC sought to enjoin the question because they claim their members were entitled to a Privacy Impact Assessment. However, EPIC lacked standing to proceed with the suit. Full Article Government Law Civil Procedure
ter Merzbow Joins Forces With Haino And Pandi On Blisteringly Intense Improv 'Become The Discovered, Not The Discoverer' On RareNoiseRecords By feedproxy.google.com Published On :: Kindred Spirits Met When Japanese Noise Legend Merzbow Got Together In The Studio With Fellow Countryman Keiji Haino And Drummer Balazs Pandi For A New Recording On RareNoiseRecords Full Article
ter Scottish EDM Producer Readies 4th Quarter Releases With AWAL By feedproxy.google.com Published On :: Aberdeen-based Chris Burke Will Release 12 Singles With Exclusive Distributor AWAL. A Summer 2020 European Tour Is Being Planned. Full Article
ter Spireas v. Commissioner of Internal Revenue By feeds.findlaw.com Published On :: 2018-03-26T08:00:00+00:00 (United States Third Circuit) - Affirming a Tax Court determination that royalties paid on technology license agreements should be treated as ordinary income rather than as capital gains in the case of a pharmaceutical scientist raking it in on liquisolid technologies hoping to avoid paying a significant tax bill. Full Article Tax Law Drugs & Biotech
ter People v. Onesra Enterprises By feeds.findlaw.com Published On :: 2018-06-15T08:00:00+00:00 (California Court of Appeal) - The People appealed the order dismissing the complaint for a medical marijuana conviction. The Court reversed the dismissal. Defendant argued that the appeal was moot as a result of the passage of the California Adult Use of Marijuana Act. The Court of Appeal rejected the argument because the Court concluded, the Act was not intended to be retroactive for this conviction. A reversal was required because the trial court abused its discretion in mistakenly dismissing the complaint. Full Article Sentencing Drugs & Biotech Criminal Law & Procedure
ter Teamsters Local 404 Health Services and Insurance Plan v. King Pharmaceuticals, Inc. By feeds.findlaw.com Published On :: 2018-10-16T08:00:00+00:00 (United States Second Circuit) - Held that it was proper to remand to New York state court a case in which a labor union health plan sought disclosure of a patent dispute settlement agreement between pharmaceutical companies and the generic manufacturer of the EpiPen. Affirmed the district court's remand order, in this special proceeding under New York law seeking pre‐action disclosure. Full Article Civil Procedure Drugs & Biotech
ter Expert Suggests Alleged Mastermind of Venezuela's Failed Coup Is 'Double Agent' Working for Maduro By feedproxy.google.com Published On :: Fri, 08 May 2020 15:33:09 +0000 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. Full Article Latin America National Security Center for a Secure Free Society (SFS) coup Joseph Humire Nicolas Maduro Venezuela
ter Leaked Call: Obama Warns 'Rule of Law Is at Risk' After Flynn Charges Dropped By feedproxy.google.com Published On :: Sat, 09 May 2020 03:20:31 +0000 Former President Barack Obama on Friday stated the "rule of law is at risk" in response to the Department of Justice dropping its criminal charges against retired Army Lieutenant General, Michael Flynn, according to an audio call obtained by Yahoo News. Full Article Politics Barack Obama Joe Biden Michael Flynn rule of law
ter 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
ter 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
ter Sanders: 'It Would Be an Economic Disaster' if Trump Didn't Fund Postal Service and It 'Went Under' By feedproxy.google.com Published On :: Sat, 09 May 2020 01:07:20 +0000 On Friday’s broadcast of MSNBC’s “All In,” Sen. Bernie Sanders (I-VT) discussed what kind of economic stimulus should be passed to respond to the coronavirus and stated that it would be “an economic disaster” if President Trump didn’t fund the Full Article Clips Politics Bernie Sanders Donald Trump post office Postal Service
ter Donald Trump Criticized for Greeting World War II Veterans Without Mask By feedproxy.google.com Published On :: Sat, 09 May 2020 12:47:33 +0000 The wreath-laying ceremony took place outdoors on Friday at the World War II Memorial in Washington, DC, where seven World War II veterans joined the president and first lady. Full Article Health Politics coronavirus Donald Trump Jon Karl mask World War II
ter Elderly Veteran Coronavirus Patient Treated Like 'Leper', 'Plague Carrier' After Recovery By feedproxy.google.com Published On :: Sat, 09 May 2020 15:44:01 +0000 LONDON (AP) - From resounding applause to ostracization and isolation. That's essentially the journey Lt. Cmdr. Robert Embleton, who served 34 years in Britain's Royal Navy... Full Article Health London / Europe Britain China coronavirus COVID-19 elderly pandemic United Kingdom veterans Wuhan Wuhan virus
ter US v. Apple Macpro Computer By feeds.findlaw.com Published On :: 2017-03-20T08:00:00+00:00 (United States Third Circuit) - In an appeal concerning the Government's ability to compel the decryption of digital devices when the Government seizes those devices pursuant to a valid search warrant, the district court's order, finding John Doe in civil contempt for refusing to comply with an order issued pursuant to the All Writs Act, 28 U.S.C. section 1651, which required him to produce several seized devices in a fully unencrypted state, is affirmed over Doe's claims that the court did not have subject matter jurisdiction to issue the order and that the order itself violates his Fifth Amendment privilege against self-incrimination. Full Article Civil Procedure Cyberspace Law
ter Mastermine Software, Inc. v. Microsoft Corp. By feeds.findlaw.com Published On :: 2017-10-30T08:00:00+00:00 (United States Federal Circuit) - In a patent action, construing the term 'pivot table' in relation to two of plaintiff's patents, the district court's 1) claim construction is affirmed as supported by intrinsic evidence; but its 2) indefiniteness determination is reversed because the claims' scopes are reasonably certain. Full Article Intellectual Property Patent Cyberspace Law
ter Estonian Singer-songwriter NOËP Releases Debut EP 'Heads In The Clouds' By feedproxy.google.com Published On :: NOËP Releases Debut EP Heads In The Clouds, On His Own Label Noep Music OÜ, Alongside Its Vinyl Pre-sale Full Article
ter French Singer And Songwriter Ned Has Released Her Debut UK Single 'Give Me More' By feedproxy.google.com Published On :: French Native Songstress Ned Released Her Debut UK Single Give Me More On 6th April 2018 Full Article
ter Screen Music Connect To Explore The Music Of Film, Television And Interactive Media By feedproxy.google.com Published On :: Tickets On Sale For New London-based Music Conference At Southbank Centres Purcell Room On September 24 Full Article
ter Sali v. Corona Regional Medical Center By feeds.findlaw.com Published On :: 2018-11-27T08:00:00+00:00 (United States Ninth Circuit) - In an amended opinion, reversed the denial of class certification in a wage-hour lawsuit brought by registered nurses against a hospital. Full Article Labor & Employment Law Health Law Class Actions
ter Timlick v. National Enterprise Systems, Inc. By feeds.findlaw.com Published On :: 2019-05-23T08:00:00+00:00 (California Court of Appeal) - Held that a debt collector could cure its failure to use a minimum type-size in consumer collection letters. However, this did not justify the dismissal of the entire class action complaint here. Reversed and remanded. Full Article Class Actions Debt Collection
ter Blair v. Rent-A-Center, Inc. By feeds.findlaw.com Published On :: 2019-06-28T08:00:00+00:00 (United States Ninth Circuit) - Affirmed. The district court's refusal to compel arbitration was upheld, as was their refusal of several motions by Rent-A-Center attempting to avoid class action against them because a contract to waive the right to seek public injunctive relief violates California law. Full Article Class Actions Civil Procedure Contracts
ter In Re: Deepwater Horizon By feeds.findlaw.com Published On :: 2019-08-13T08:00:00+00:00 (United States Fifth Circuit) - Affirmed. The magistrate judge and district court properly denied the claims of a group of fishermen to a portion of the punitive damages settlement granted to a class of claimants alleging harm as a result of the Deepwater Horizon oil spill because the court was bound to precedent, the plain language of the settlement, and a deferential standard of review. Full Article Class Actions Civil Procedure Injury & Tort Law
ter International Duo Channels Past And Present To Win Best Rock Act At Worlds Largest Indie Music Awards By feedproxy.google.com Published On :: Follow No One, Colorado-based Vocalist Rich Hall And Portuguese Guitarist Pedro Murino Almeida, Won Best Rock Act At The 2019 JMAs In Dollywood. Full Article
ter Alt Rock Band Last Kiss Goodnight To Release Much-Anticipated Debut Album Immortal After Immediate Success At Radio By feedproxy.google.com Published On :: The Critically-Acclaimed Group Netted The #4 Most Added Spot On The Billboard Mainstream Indicator Chart & Was The #1 Most Added On The Foundations Chart Week Full Article
ter Prog Legends Nektar Release New Single SkyWriter By feedproxy.google.com Published On :: Available On 12-inch Vinyl, CD Single And Digitally. Full Article
ter HCM Interviews Innovative Hip-Hop Artist "Telephone Switches" By um2n.mi2n.com Published On :: Hood Critic Magazine Sits Down With P And Coming Hip-hop Artist Telephone Switches For A Brief Interview. Full Article
ter Internationally Acclaimed Soul Artist CORNELL CC CARTER To Release New Single I SEE LOVE From Upcoming Album ABSOULUTELY By um2n.mi2n.com Published On :: CC Is Now Set To Unleash His Highly Anticipated New Single I SEE LOVE On All Digital Services August 9, 2019. Full Article
ter Plantier v. Ramona Municipal Water District By feeds.findlaw.com Published On :: 2019-05-30T08:00:00+00:00 (Supreme Court of California) - Clarified the procedure for challenging a local governmental agency's decision to impose or increase property-related fees. The question in this case involving a wastewater service charge had to do with whether the plaintiff must first raise the issue when the agency holds a public hearing on the matter. Full Article Government Law Water Law Property Law & Real Estate