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Sierra Club v. State Water Control Board

(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.




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Arandell Corp. v. CenterPoint Energy Services, Inc.

(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.



  • Oil and Gas Law
  • Antitrust & Trade Regulation

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Center for Biological Diversity v. Department of Conservation

(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.




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In re Deepwater Horizon

(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.




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Eni US Operating Co., Inc. v. Transocean Offshore Deepwater Drilling, Inc

(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.




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Glassell Non-Operated Interests Ltd. v. Enerquest Oil and Gas LLC

(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.




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Center for Biological Diversity v. California Department of Conservation

(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.




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In re Deepwater Horizon

(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.




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Apache Deepwater L.L.C. v. W & T Offshore, Inc.

(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.




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Najas Realty, LLC v. Seekonk Water Dist.

(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.




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Trafon Group, Inc. v. Butterball LLC

(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).




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Andrews v. America's Living Centers, LLC

(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.




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Cole v. Hunter

(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.




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Center for Biological Diversity v. EPA

(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.




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Alternate Fuels, Inc. v. Cabanas

(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.




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W. Filter Corp. v. Argan, Inc.

(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.




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Slattery v. US

(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.




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WellPoint, Inc. v. Comm'r of Internal Revenue

(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.




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Commuter Rail Div. v. Surface Transp. Bd.

(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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Slattery v. US

(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.




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VRG Linhas Aereas S.A. v. MatlinPatterson Global Opportunities Partners II

(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.




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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

ProgStock Festival Was Founded To Give Artists And Fans In The Genre Of Progressive Rock A Place To Play




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Electronic Privacy Information Center v. US Dept. of Commerce and Bureau of the Census

(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.




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Merzbow Joins Forces With Haino And Pandi On Blisteringly Intense Improv 'Become The Discovered, Not The Discoverer' On RareNoiseRecords

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




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Scottish EDM Producer Readies 4th Quarter Releases With AWAL

Aberdeen-based Chris Burke Will Release 12 Singles With Exclusive Distributor AWAL. A Summer 2020 European Tour Is Being Planned.




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Spireas v. Commissioner of Internal Revenue

(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.




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People v. Onesra Enterprises

(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.



  • Sentencing
  • Drugs & Biotech
  • Criminal Law & Procedure

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Teamsters Local 404 Health Services and Insurance Plan v. King Pharmaceuticals, Inc.

(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.




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Expert Suggests Alleged Mastermind of Venezuela's Failed Coup Is 'Double Agent' Working for Maduro

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.




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Leaked Call: Obama Warns 'Rule of Law Is at Risk' After Flynn Charges Dropped

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.




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Schiff: Trump, Barr 'Can't Gaslight History' -- Flynn Was a 'Prime Counterterrorism Risk'

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."




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Italian Nurse on Coronavirus Frontline Raped by Illegal Migrant After Her Shift

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.




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Sanders: 'It Would Be an Economic Disaster' if Trump Didn't Fund Postal Service and It 'Went Under'

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




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Donald Trump Criticized for Greeting World War II Veterans Without Mask

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.





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US v. Apple Macpro Computer

(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.




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Mastermine Software, Inc. v. Microsoft Corp.

(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.




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Estonian Singer-songwriter NOËP Releases Debut EP 'Heads In The Clouds'

NOËP Releases Debut EP ‘Heads In The Clouds’, On His Own Label Noep Music OÜ, Alongside Its Vinyl Pre-sale




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French Singer And Songwriter Ned Has Released Her Debut UK Single 'Give Me More'

French Native Songstress Ned Released Her Debut UK Single ‘Give Me More’ On 6th April 2018




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Screen Music Connect To Explore The Music Of Film, Television And Interactive Media

Tickets On Sale For New London-based Music Conference At Southbank Centre’s Purcell Room On September 24




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Sali v. Corona Regional Medical Center

(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.




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Timlick v. National Enterprise Systems, Inc.

(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.




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Blair v. Rent-A-Center, Inc.

(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.




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In Re: Deepwater Horizon

(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.




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International Duo Channels Past And Present To Win Best Rock Act At World’s Largest Indie Music Awards

Follow No One, Colorado-based Vocalist Rich Hall And Portuguese Guitarist Pedro Murino Almeida, Won Best Rock Act At The 2019 JMAs In Dollywood.




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Alt Rock Band Last Kiss Goodnight To Release Much-Anticipated Debut Album Immortal After Immediate Success At Radio

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




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Prog Legends Nektar Release New Single “SkyWriter”

Available On 12-inch Vinyl, CD Single And Digitally.




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HCM Interviews Innovative Hip-Hop Artist "Telephone Switches"

Hood Critic Magazine Sits Down With P And Coming Hip-hop Artist Telephone Switches For A Brief Interview.




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Internationally Acclaimed Soul Artist CORNELL “CC” CARTER To Release New Single “I SEE LOVE” From Upcoming Album ABSOULUTELY

CC Is Now Set To Unleash His Highly Anticipated New Single “I SEE LOVE” On All Digital Services August 9, 2019.




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Plantier v. Ramona Municipal Water District

(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.