nc Los Angeles County Metropolitan Transportation Authority v. Yum Yum Donut Shops Inc. By feeds.findlaw.com Published On :: 2019-02-26T08:00:00+00:00 (California Court of Appeal) - Held that a donut shop that was condemned through eminent domain because it was in the path of a proposed rail line was entitled to compensation for its lost goodwill. Reversed and remanded. Full Article Property Law & Real Estate Construction
nc Centex Homes v. R-Help Construction Co., Inc. By feeds.findlaw.com Published On :: 2019-03-11T08:00:00+00:00 (California Court of Appeal) - Held that a subcontractor hired to install utility boxes in a residential subdivision had a contractual duty to defend the developer from a personal injury claim alleging that the plaintiff fell into a defectively constructed utility box. Reversed and remanded. Full Article Injury & Tort Law Insurance Law Construction
nc Synergy Project Management, Inc. v. City and County of San Francisco By feeds.findlaw.com Published On :: 2019-03-14T08:00:00+00:00 (California Court of Appeal) - Upheld San Francisco's decision to order a prime contractor on a public works project to replace a subcontractor. Reversed the trial court. Full Article Construction
nc 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
nc South of Market Community Action Network v. City and County of San Francisco By feeds.findlaw.com Published On :: 2019-03-25T08:00:00+00:00 (California Court of Appeal) - Held that citizen groups could not proceed with their challenge to the environmental review conducted for a proposed mixed-use development project in downtown San Francisco. Affirmed the denial of writ relief. Full Article Environmental Law Construction
nc Tanimura and Antle Fresh Foods Inc. v. Salinas Union High School District By feeds.findlaw.com Published On :: 2019-04-26T08:00:00+00:00 (California Court of Appeal) - Held that a school district could impose school impact fees on an agricultural company's new residential housing complex even though it was intended to house only adult seasonal farmworkers. Reversed the decision below. Full Article Construction Education Law
nc McMillin Homes Construction Inc. v. National Fire and Marine Insurance Co. By feeds.findlaw.com Published On :: 2019-06-05T08:00:00+00:00 (California Court of Appeal) - Held that an insurance company owed a duty to defend a general contractor who was being sued by homeowners over alleged roofing defects. The case involved a commercial general liability insurance policy issued to a roofing subcontractor. Reversed the decision below. Full Article Insurance Law Construction
nc Capsco Industries, Inc. v. Ground Control, LLC By feeds.findlaw.com Published On :: 2019-08-12T08:00:00+00:00 (United States Fifth Circuit) - Affirmed. A subcontractor did not owe a duty to indemnify a company for its expenditures in labor and materials in a construction project. Full Article Civil Procedure Insurance Law Construction Contracts
nc Precision Framing Systems Inc. v. Luzuriaga By feeds.findlaw.com Published On :: 2019-08-29T08:00:00+00:00 (California Court of Appeal) - Affirmed. Plaintiff performed framing work on a commercial building owned by Defendant. Plaintiff was not paid for his work and filed a mechanic’s lien. Defendant complained of problems with some of the framing and Plaintiff performed repair work. Plaintiff filed this action to foreclose on its mechanic’s lien. The trial court granted Defendant summary judgment ruling that the mechanic’s lien was filed prematurely, before Plaintiff had ceased work. The appeals court agreed. Full Article Civil Procedure Debt Collection Construction
nc City and County of San Francisco v. Trump By feeds.findlaw.com Published On :: 2018-08-01T08:00:00+00:00 (United States Ninth Circuit) - Held that President Trump's executive order withholding all federal grants from so-called sanctuary cities was unconstitutional. California municipalities brought this suit arguing that the executive order violated the principle of Separation of Powers as well as the Spending Clause, which vests exclusive power to Congress to impose conditions on federal grants. In a 2-1 decision, the Ninth Circuit agreed and affirmed summary judgment in favor of the municipalities. However, the panel vacated the nationwide injunction based on an absence of specific findings justifying the broad scope, and remanded for further findings. Full Article Government Benefits Immigration Law Constitutional Law
nc 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
nc Goldstein v. California Unemployment Insurance Appeals Board By feeds.findlaw.com Published On :: 2019-04-30T08:00:00+00:00 (California Court of Appeal) - Upheld the denial of a man's application for unemployment insurance benefits. Affirmed the denial of writ relief. Full Article Government Benefits
nc U.S. ex rel. Lemon v. Nurses To Go, Inc. By feeds.findlaw.com Published On :: 2019-05-07T08:00:00+00:00 (United States Fifth Circuit) - Revived a lawsuit brought by several employees of a hospice care provider alleging that their employer had billed Medicare improperly. Reversed the dismissal of their claims under the False Claims Act. Full Article Health Law Government Benefits Government Contracts
nc CREDIBLE BEHAVIORAL HEALTH INC v. JOHNSON By feeds.findlaw.com Published On :: -November 20, 2019-T08:00:00+00:00 (MD Court of Appeals) - No. 19, Sept. Term, 2019 Full Article
nc Tesla Generator Spam - PayAdvance.com Application for Membership By feedproxy.google.com Published On :: Sat, 18 Jan 2014 14:02:17 +0200 A "buy two for the price of one" type of spammer. Full Article
nc Inheritance Fund Scam - Partnership Request by David Tanguay By feedproxy.google.com Published On :: Fri, 04 Apr 2014 01:22:53 +0200 This is not an e-mail from David Tanguay, it is from oldest-trick-in-the-book-419-scammer. Full Article
nc Inheritance Fund Scam - Mrs. Martha Moran Sanz By feedproxy.google.com Published On :: Fri, 04 Apr 2014 01:21:08 +0200 An inheritance fund scammer that requires you to eat the documents to get the funds. Full Article
nc Unclaimed Funds Scam - Re: Mail From Thailand By feedproxy.google.com Published On :: Mon, 07 Apr 2014 20:55:11 +0200 The 419 scammers are afraid that they are going to pay your fake fund into the wrong bank account, so they want to make sure if they have the correct banking details... how considerate of them. Full Article
nc Flags and Banners Spam - Assistance please By feedproxy.google.com Published On :: Mon, 07 Apr 2014 21:59:07 +0200 A general spammer that tries to throw in everything he can in one e-mail, from flags and banners and PVC printing to mosquito nets and aluminum fold-away wash lines. This spammer is an electronic convenience store! Full Article
nc Inheritance Fund Scam a.k.a. Next of Kin Scam - Please Contact Me By feedproxy.google.com Published On :: Tue, 08 Apr 2014 22:25:03 +0200 Larry the 419 scammer is sorry for invading your privacy. Full Article
nc Vermont Railway Inc. v. Town of Shelburne By feeds.findlaw.com Published On :: 2019-03-07T08:00:00+00:00 (United States Second Circuit) - Held that a town could not enforce a hazardous substances ordinance against a railroad company that was building a road salt transloading facility. The ordinance was preempted by the Interstate Commerce Commission Termination Act. Affirmed a permanent injunction against the town. Full Article Environmental Law Transportation
nc WildEarth Guardians v. Provencio By feeds.findlaw.com Published On :: 2019-03-13T08:00:00+00:00 (United States Ninth Circuit) - Held that environmental advocacy groups could not proceed with their challenge to the U.S. Forest Service's decision to permit the limited use of motor vehicles off-road in a national forest in Arizona for certain purposes. Affirmed summary judgment against the environmental groups' claims. Full Article Environmental Law
nc BP Exploration and Production Inc. v. Claimant ID 100217946 By feeds.findlaw.com Published On :: 2019-03-18T08:00:00+00:00 (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. Full Article Environmental Law Oil and Gas Law Water Law
nc BP Exploration and Production Inc. v. Claimant ID 100281817 By feeds.findlaw.com Published On :: 2019-03-20T08:00:00+00:00 (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. Full Article Sports Law Environmental Law Oil and Gas Law
nc 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
nc South of Market Community Action Network v. City and County of San Francisco By feeds.findlaw.com Published On :: 2019-03-25T08:00:00+00:00 (California Court of Appeal) - Held that citizen groups could not proceed with their challenge to the environmental review conducted for a proposed mixed-use development project in downtown San Francisco. Affirmed the denial of writ relief. Full Article Environmental Law Construction
nc BP Exploration and Production, Inc. v. Claimant ID 100141850 By feeds.findlaw.com Published On :: 2019-03-26T08:00:00+00:00 (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. Full Article Environmental Law Oil and Gas Law
nc BP Exploration and Production, Inc. v. Claimant ID 100261922 By feeds.findlaw.com Published On :: 2019-03-28T08:00:00+00:00 (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. Full Article Environmental Law Oil and Gas Law
nc T-Mobile West LLC v. City and County of San Francisco By feeds.findlaw.com Published On :: 2019-04-04T08:00:00+00:00 (Supreme Court of California) - Upheld a San Francisco ordinance that requires wireless phone service companies to obtain permits and conform with aesthetic guidelines when installing lines and equipment on utility poles. The companies sought a declaratory judgment that the ordinance is inconsistent with state law. However, the California Supreme Court was not persuaded by the companies' arguments. Full Article Environmental Law Communications Law
nc BP Exploration and Production, Inc. v. Claimant ID 100166533 By feeds.findlaw.com Published On :: 2019-04-08T08:00:00+00:00 (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. Full Article Environmental Law Oil and Gas Law
nc Claimant ID 100081155 v. BP Exploration and Production, Inc. By feeds.findlaw.com Published On :: 2019-04-09T08:00:00+00:00 (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. Full Article Environmental Law Oil and Gas Law
nc Government of the Province of Manitoba v. Bernhardt By feeds.findlaw.com Published On :: 2019-05-03T08:00:00+00:00 (United States DC Circuit) - Held that the State of Missouri lacked legal standing to sue the federal government on behalf of its citizens to challenge a federal water supply project that will divert billions of gallons of Missouri River water. The issue involved so-called parens patriae standing. Affirmed a dismissal. Full Article Environmental Law Civil Procedure
nc WildEarth Guardians v. Provencio By feeds.findlaw.com Published On :: 2019-05-06T08:00:00+00:00 (United States Ninth Circuit) - In an amended opinion, held that environmental advocacy groups could not proceed with their challenge to the U.S. Forest Service's decision to permit limited motorized big game retrieval in a national forest in Arizona. Affirmed summary judgment against the environmental groups' claims. Full Article Environmental Law
nc Varlen Corp. v. Liberty Mutual Insurance Co. By feeds.findlaw.com Published On :: 2019-05-16T08:00:00+00:00 (United States Seventh Circuit) - Held that an insurance company did not have to indemnify an insured for the cost of cleaning up groundwater contamination at its industrial sites. Affirmed summary judgment in favor of the insurer, in this case involving the policy's pollution exclusion clause. Full Article Environmental Law Insurance Law
nc Sierra Club, Inc. v. US Fish and Wildlife Service By feeds.findlaw.com Published On :: 2019-05-30T08:00:00+00:00 (United States Ninth Circuit) - In an amended opinion in a Freedom of Information Act case, held that the Sierra Club was entitled to certain records generated during the Environmental Protection Agency's rule-making process concerning cooling water intake structures. However, other records were protected from public release by the deliberative process privilege. Reversed in part and remanded. Full Article Government Law Environmental Law
nc Virginia Uranium, Inc. v. Warren By feeds.findlaw.com Published On :: 2019-06-17T08:00:00+00:00 (United States Supreme Court) - Held that the federal Atomic Energy Act did not preempt a Virginia law prohibiting uranium mining. While six justices agreed that the state ban on uranium mining was not preempted, they divided on broader questions concerning statutory interpretation and preemption doctrine, and thus were unable to agree on the rationale for the decision. Justice Gorsuch delivered a plurality opinion, and several justices concurred in the judgment only. Full Article Government Law Environmental Law
nc 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
nc Califonia Communities Against Toxics v. Environmental Protection Agency By feeds.findlaw.com Published On :: 2019-07-02T08:00:00+00:00 (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. Full Article Government Law Environmental Law
nc Refined Metals Corp. v. NL Industries, Inc. By feeds.findlaw.com Published On :: 2019-08-22T08:00:00+00:00 (United States Seventh Circuit) - Affirmed. A lawsuit relating to who should pay for the cleanup of a contaminated site was dismissed because the limitations period had expired by the time the plaintiff filed suit. Full Article Environmental Law Civil Procedure
nc Mavrix Photographs, LLC. v LiveJournal, Inc. By feeds.findlaw.com Published On :: 2017-04-07T08:00:00+00:00 (United States Ninth Circuit) - In a copyright dispute arising out of photographs posted online on defendant's social media website, the district court's summary judgment that defendant was entitled protected by the safe harbor of the Digital Millennium Copyright Act is reversed where: 1) the safe harbor set forth in 17 U.S.C. section 512(c) would apply if the photographs were posted at the direction of users; 2) defendant posted the photographs after a team of volunteer moderators, led by an employee of the defendant, reviewed and approved them; 3) the common law of agency applied to the defendant's safe harbor defense; and 4) there were genuine factual disputes regarding whether the moderators were the defendant's agents. Full Article Intellectual Property Copyright Cyberspace Law
nc Douglas Jordan--Benel v. Universal City Studios, Inc. By feeds.findlaw.com Published On :: 2017-06-20T08:00:00+00:00 (United States Ninth Circuit) - In the appeal of a breach of contract and copyright infringement case involving the movie 'The Purge,' the district court's denial of defendant's anti-SLAPP motion to strike a state law claim for breach of implied-in-fact contract, is affirmed where the breach of contract claim did not arise from an act in furtherance of the right of free speech since the claim was based on defendants' failure to pay for the plaintiff's idea, not the creation, production, distribution, or content of the films. Full Article Copyright Constitutional Law Media Law Entertainment Law Contracts
nc 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
nc Axiom Foods, Inc. v. Acerchem Int'l By feeds.findlaw.com Published On :: 2017-11-01T08:00:00+00:00 (United States Ninth Circuit) - In a civil procedure action, arising from a copyright infringement action brought by plaintiffs, American companies in the natural foods industry, against defendant, a UK limited company, after defendant sent an email newsletter containing plaintiffs' logos to 343 email addresses, the district court's dismissal for lack of personal jurisdiction is affirmed where defendant's suit-related conduct did not create a substantial connection with California. Full Article Civil Procedure Intellectual Property Copyright Cyberspace Law
nc Oracle USA, Inc. v. Rimini Street, Inc. By feeds.findlaw.com Published On :: 2018-01-08T08:00:00+00:00 (United States Ninth Circuit) - Partially affirming, partially reversing, and vacating the district court's judgment after jury trial in favor of Oracle on its copyright claims against a provider of third party support, affirming judgments of infringement, but reversing judgment as to California and Nevada statutes that weren't violated by use of automated tools, reducing damages accordingly, and vacating the permanent injunction and reversing the award of attorney's fees. Full Article Intellectual Property Copyright
nc John Wiley and Sons, Inc. v. DRK Photo By feeds.findlaw.com Published On :: 2018-02-16T08:00:00+00:00 (United States Second Circuit) - Affirming the district court's grant of summary judgment to the defense in a copyright case where the assignee of certain photographs tried to sue the owner for infringement for exceeding its licensed use of certain photographs taken by photographers who had a non-exclusive licensing agreement with them because the Copyright Act doesn't permit prosecution of infringement suits by assignees that have never been the legal or beneficial owner of an exclusive right to the intellectual property. Full Article Copyright Civil Procedure Intellectual Property
nc 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
nc Fox News Network, LLC v. TVEyes, Inc. By feeds.findlaw.com Published On :: 2018-02-27T08:00:00+00:00 (United States Second Circuit) - Reversing a district court order finding fair use in the case of a company that enables clients to view and distribute ten-minute clips of television and radio programs produced by others because whether or not the snippets served a transformational purpose the provision of virtually all of Fox's copyrighted content deprived Fox of copyright revenue and could not be justified as fair use. Full Article Media Law Communications Law Intellectual Property Copyright
nc Ventura Content, Ltd. v. Motherless, Inc. By feeds.findlaw.com Published On :: 2018-03-14T08:00:00+00:00 (United States Ninth Circuit) - Affirming a district court summary judgment in favor of the defense and denying attorney fees in a copyright case involving a pornographer who alleged that infringing clips were stored and displayed on the defendant's website because the Digital Millennium Copyright Act provides a safe harbor for material stored by users without the knowledge or input of the owner, who expeditiously removed infringing material when notified and did not receive a financial benefit directly attributable to infringing activity they had the right and ability to control. Full Article Copyright Attorney's Fees Intellectual Property
nc Great Minds v. FedEx Office and Print Services, Inc. By feeds.findlaw.com Published On :: 2018-03-21T08:00:00+00:00 (United States Second Circuit) - Affirming a district court judgment dismissing a copyright infringement suit brought by a producer of educational materials against FedEx for their duplication of the products on behalf of school districts, whose use was licensed as noncommercial, because the distinction between their use and FedEx's facilitation of their use should have been explicitly laid out in the license they gave the schools. Full Article Intellectual Property Copyright
nc Oracle America, Inc. v. Google LLC By feeds.findlaw.com Published On :: 2018-03-27T08:00:00+00:00 (United States Federal Circuit) - Reversing a district court determination that Google's use of Oracle's Java Standard Edition platform programming interface in its Android operating system was fair use and decisions denying Oracle's motion for judgment as a matter of law and remanding for a determination of damages. Full Article Copyright Intellectual Property