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Griggs v. Chickasaw County, Mississippi

(United States Fifth Circuit) - Affirmed. The trial court's determination that the County Board of Supervisors' elimination of a longtime county Solid Waste Enforcement Officer's position was retaliation was upheld. The employee was running for sheriff as an Independent and the Board preferred Democrats.




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Southern Hens, Inc. v. Occupational Safety and Health Review Commission

(United States Fifth Circuit) - Petition denied. A company's petition for review of an administrative law judge's finding of violations and imposition of a monetary penalty against a poultry processing plant following a worker injury was upheld.




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McMichael v. Transocean Offshore Deepwater

(United States Fifth Circuit) - Affirmed. The district court's grant of a defense motion for summary judgment in an Age Discrimination Employment Act claim was proper because the plaintiff failed to raise a genuine question of material fact about the company's reasons for firing him during a period in which the company halved its workforce and fired thousands of workers.




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Harville v. City of Houston, Mississippi

(United States Fifth Circuit) - Affirmed. The court affirmed the dismissal of a suit claiming race discrimination and retaliation under Title VII in the firing of a deputy clerk of a city that was part of a group of layoffs intended to offset a budget shortfall. The plaintiff failed to present a genuine issue of material fact that her race was the motivating factor in her termination or that there was a causal connection between an EEOC complaint and the termination.




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Gupta v. Morgan Stanley Smith Barney LLC

(United States Seventh Circuit) - Affirmed. A former employee alleging discrimination could be compelled to arbitrate his claims because he didn't opt out of the company's arbitration agreement.




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Smith v. Illinois Department of Transp.

(United States Seventh Circuit) - Affirmed. Plaintiff sued alleging a hostile work environment and retaliatory firing. The trial court granted summary judgment to the Defendant. The appeals court found that Plaintiff was discharged during a probationary period and that he lacks evidence to take the matter to a jury.




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Franco v. Greystone Ridge Condominium

(California Court of Appeal) - Reversed. Plaintiffs, employees of Defendant, signed an agreement with Defendant requiring binding arbitration of employment disputes after the complaint was filed. The trial court denied Defendant’s motion to compel arbitration agreeing with Plaintiff that the arbitration agreement referred to future claims not the past ones brought by Plaintiff against Defendant. The appeals court disagreed stating that the agreement to arbitrate was clear and there was no qualifying language as to past or future events.



  • Dispute Resolution & Arbitration
  • Labor & Employment Law

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Paradise Irrigation District v. Commission on State Mandates

(California Court of Appeal) - Held that local water districts were not entitled to be reimbursed by the state for the cost of complying with unfunded state mandates to improve water service. The water districts argued that reimbursement was necessary because the passage of Proposition 218 had limited their authority to levy fees. Disagreeing, the California Third Appellate District concluded that their authority to levy fees had not changed. The panel affirmed the trial court.




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Exelon Corp. v. Commissioner of Internal Revenue

(United States Seventh Circuit) - Affirmed the U.S. Tax Court's ruling that an energy company was liable for a deficiency of more than $400 million for certain previous tax years, and also for $87 million in accuracy-related penalties.




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MCI Communications Services, Inc. v. California Department of Tax and Fee Administration

(California Court of Appeal) - Affirmed the dismissal of a telecommunication company's lawsuit seeking a refund of California sales and use taxes. Held that the tax exclusion for telephone lines does not extend to pre-installation component parts that may one day be incorporated into completed telephone systems.




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Tricarichi v. Commissioner of Internal Revenue

(United States Ninth Circuit) - Affirming a U.S. Tax Court decision, held that the former sole shareholder of a company that received a $65 million litigation settlement was liable for the taxes, and in particular the pre-notice interest component, despite having entered into a tax-shelter transaction.




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Rogers v. Commissioner of Internal Revenue

(United States Seventh Circuit) - Affirmed the Tax Court's finding that a woman did not qualify for innocent spouse relief, in a case involving a married couple's deficient joint federal income tax return.




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Benenson v. Commissioner of Internal Revenue

(United States Second Circuit) - Held that a husband and wife were not liable for a 2008 tax deficiency. The IRS had applied the substance‐over‐form doctrine to recharacterize various lawful tax‐avoiding transactions as tax‐generating events for the taxpayers, their adult sons, a family trust, and a family‐controlled corporation. Reversed the tax court.




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Sugarloaf Fund, LLC v. Commissioner of Internal Revenue

(United States Seventh Circuit) - Held that a tax shelter reflected an abusive sham. Affirmed the Tax Court's judgment and imposition of penalties.




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Dieringer v. Commissioner of Internal Revenue

(United States Ninth Circuit) - Affirmed the Tax Court's decision that a decedent's estate had overstated the amount of a charitable deduction and thus received a large tax windfall. Also affirmed the imposition of an accuracy-related penalty.




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Borenstein v. Commissioner of Internal Revenue

(United States Second Circuit) - Held that the U.S. Tax Court could order a refund of a taxpayer's income tax overpayment. The Tax Court had concluded that it lacked jurisdiction under the particular circumstances here, even though all parties agreed that the taxpayer had overpaid. Disagreeing, the Second Circuit reversed and remanded, characterizing the issue as one of first impression in any court.




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Altera Corp. v. Commissioner of Internal Revenue

(United States Ninth Circuit) - Upheld the validity of a Treasury Department regulation. The provision's focus is that related business entities must share the cost of employee stock compensation in order for their cost-sharing arrangements to be classified as qualified cost-sharing arrangements. Reversed the judgment of the U.S. Tax Court.




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North Carolina Dept. of Revenue v. Kimberley Rice Kaestner 1992 Family Trust

(United States Supreme Court) - Clarified the limits of a State's power to tax a trust. Struck down a North Carolina requirement that a trust must pay income tax to the State whenever the trust's beneficiaries live in the State -- regardless of whether the beneficiaries have received, can demand, or will ever receive a distribution of trust income. Justice Sotomayor delivered the opinion for a unanimous Court, in this due process challenge brought by a family trust.




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Myers v. Commissioner of Internal Revenue Service

(United States DC Circuit) - Reversed and remanded. The Tax Court improperly dismissed a case involving a man's application to the IRS for a whistleblower award because although his application was untimely the filing period was not jurisdictional and is subject to equitable tolling.




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Dan Farr Productions v. San Diego Comic Convention

(United States Ninth Circuit) - Ordering the district court to vacate orders prohibiting the petitioner from expressing their views on litigation or republishing public documents over social media platforms, and requiring them to post a disclaimer prohibiting comment on the litigation because this amounted to prior restraint on their First Amendment rights.




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Eil v. US Drug Enforcement Administration

(United States First Circuit) - Reversing a district court decision relating to the release of private individuals' medical documents under the Freedom of Information Act in a case brought by a journalist conducting research because the balancing of public interest in disclosure and the relevant privacy interests was flawed due to the court's application of the wrong standard because the release of the documents was unlikely to advance a valid public interest and substantial privacy interests implicated by the records outweighed the interest in disclosure.




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Board of Forensic Document Examiners, Inc. v. American Bar Association

(United States Seventh Circuit) - Held that an organization may not proceed with its defamation action alleging reputational harm from an article published in an American Bar Association law journal. The author's statements were non-actionable expressions of opinion. Affirmed a dismissal.




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Marshall's Locksmith Service v. Google, LLC

(United States DC Circuit) - Held that Google, Microsoft and Yahoo were not liable for allegedly conspiring to flood the market of online search results with information about so-called scam locksmiths, in order to extract additional advertising revenue. The Communications Decency Act barred this lawsuit brought by more than a dozen locksmith companies. Affirmed a dismissal.




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ZF Micro Devices v. TAT Capital Partners

(California Court of Appeal) - In the third chapter of Silicon Valley litigation spanning more than 14 years involving a microchip company and its successor, alleging breach of fiduciary duty, the judgment entered on plaintiff's cross-complaint against defendant is reversed where the court erred in submitting defendant's statute of limitations defense to the jury, as the cross-complaint was timely filed.




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Trikona Advisers Limited v. Chugh

(United States Second Circuit) - In a complaint alleging breach of fiduciary duty by defendant, a former partner and fifty percent owner of plaintiff corporation, the district court's grant of summary judgment to defendants is affirmed over plaintiff's meritless arguments that: 1) the district court incorrectly applied the doctrine of collateral estoppel; and 2) Chapter 15 of the United States Bankruptcy Code prevents the district court from giving preclusive effect to the Cayman court's factual findings.




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Trikona Advisers Limited v. Chugh

(California Court of Appeal) - In a complaint alleging breach of fiduciary duty by defendant, a former partner and fifty percent owner of plaintiff corporation, the district court's grant of summary judgment to defendants is affirmed over plaintiff's meritless arguments that: 1) the district court incorrectly applied the doctrine of collateral estoppel; and 2) Chapter 15 of the United States Bankruptcy Code prevents the district court from giving preclusive effect to the Cayman court's factual findings.




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Seaview Trading, LLC v. Commissioner of Internal Revenue

(United States Ninth Circuit) - In a petition challenging a notice of Final Partnership Administrative Adjustment, the Tax Court’s dismissal, for lack of jurisdiction, is affirmed where: 1) because plaintiff contended that his business entity was a small partnership not subject to the audit procedures under the Tax Equity and Fiscal Responsibility Act of 1982 (TEFRA), entities that are disregarded for federal tax purposes may nevertheless constitute pass-thru partners under 26 U.S.C. section 6231(a)(9), such that the small-partnership exception under section 6231 does not apply and the partnership is therefore subject to the TEFRA audit procedures; 2) resolution of this question iss inextricably intertwined with the contention that plaintiff had standing to file a petition for readjustment of partnership items on behalf of his purported small partnership; and 3) as to standing, because a party other than plaintiff's entity's tax matters partner filed a petition for readjustment of partnership items after the partnership had timely done the same, the Tax Court lacked jurisdiction under 26 U.S.C. section 6226.



  • Tax Law
  • Corporation & Enterprise Law

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DuQuesne Light Holdings, Inc. v. Commissioner of Internal Revenue

(United States Third Circuit) - Affirming the Tax Court's application of the Ilfield doctrine in holding that the double deduction for losses incurred by the subsidiary of a company was improper and disallowing $199 million of those losses.



  • Tax Law
  • Corporation & Enterprise Law

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M-1 Drilling Fluids UK Ltd. v. Dynamic Air Ltda.

(United States Federal Circuit) - Reversing and remanding the suit alleging infringement of five US patents for lack of personal jurisdiction by a UK company with a Texas subsidiary suing a Brazilian company with a Minnesota subsidiary because Federal Rules of Civil Procedure supported the exercise of specific personal jurisdiction.




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WMI Holdings Corp. v. US

(United States Federal Circuit) - Affirming the US Court of Federal Claims dismissal of a company's action seeking refunds for losses and deductions its predecessor company allegedly should have received for certain intangible assets acquired from the federal government in the 1980s because the court's findings that the company failed to establish with a reasonable degree of certainty the cost basis in each of the assets at issue was not clearly erroneous.



  • Tax Law
  • Corporation & Enterprise Law

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Altera Corp. v. Commissioner of Internal Revenue

(United States Ninth Circuit) - Upheld an Internal Revenue Service regulation addressing the tax treatment of employee stock options. In a ruling that has tax implications for multinational companies especially, the Ninth Circuit concluded that the Tax Court erred in striking down a regulation, 26 C.F.R. section 1.482-7A(d)(2), which says that related entities must share the cost of employee stock compensation in order for their cost-sharing arrangements to be classified as qualified cost-sharing arrangements and thus avoid an IRS adjustment. The panel held that the regulation was entitled to Chevron deference.



  • Tax Law
  • Corporation & Enterprise Law

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Slone v. Commissioner of Internal Revenue

(United States Ninth Circuit) - Held that shareholders were liable for taxes on proceeds from the sale of a close corporation. The Internal Revenue Service sued the shareholders, claiming they violated Arizona's Uniform Fraudulent Transfer Act by engaging in a complex series of stock and asset transactions that resulted in creating a debtor company unable to pay the tax bill. Agreeing with the IRS's position, the Ninth Circuit reversed a decision of the Tax Court and remanded with instructions to enter judgment in favor of the IRS.




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Dept. of Finance v. Commission on State Mandates

(Supreme Court of California) - In an action concerning who pays for storm drains, the Court of Appeal's conclusion that the Regional Water Quality Control Board for Los Angeles's permit conditions are mandated by federal law and that storm drain systems operators are not entitled to state reimbursement under Article XIII B, section 6, subd. (a) of the California Constitution is reversed where the permit conditions are not imposed by any federal law or regulatory system.




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MPS Merchant Services, Inc. v. Federal Energy Regulatory Commission

(United States Ninth Circuit) - In consolidated petitions for review brought by various power companies of FERC determinations that various energy companies committed tariff violations in California during the summer of 2000, the FERC determinations are affirmed where: 1) it did not arbitrarily and capriciously, or abuse its discretion in finding that electric sellers Shell Energy North America, LP, MPS Merchant Services, Inc., and Illinova Corporation violated the Cal-ISO tariff and Market Monitoring and Information Protocol; 2) FERC's Summer Period determinations regarding APX, Inc., and BP EnergyCo. were not arbitrary, capricious, or an abuse of discretion; and 3) because FERC's remedial order is not final, the panel lacked appellate jurisdiction over it.




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Penn. Pub. Util. Commission v. Jenkins

(United States First Circuit) - In a judgment enforcement action, the district court's order approving a sale recommended by the receiver as part of wrapping of a fifteen year case stemming from a $58 million judgment is affirmed where the sale appeal is not equitably moot and the district court's orders approving the sale details was not an abuse of discretion.




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New York State Department of Environmental Conservation v. Federal Energy Regulatory Commission

(United States Second Circuit) - Denying a petition for review by the New York State Department of Environmental Conservation seeking to vacate two orders of the Federal Energy Regulatory Commission authorizing a company to construct a natural gas pipeline in New York and determining that the Department waived its authority to provide a water quality certification for the pipeline project under Section 401 of the Clean Water Act.




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World Business Academy v. California State Lands Commission

(California Court of Appeal) - Affirming the denial of an administrative writ and declaratory relief in the case of a Pacific Gas and Electric Company lease extension on two long term leases on land used for water intake and discharge for a nuclear power plant because the lease replacement was subject to the existing facilities categorical exemption to the California Environmental Quality Act's environmental impact report requirement and the unusual circumstances exception did not apply.




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US v. Luminant Generation Co., LLC

(United States Fifth Circuit) - Held that the federal government was time-barred from seeking civil penalties against two electric power companies that allegedly violated the Clean Air Act by failing to obtain a statutorily mandated preconstruction permit for the modification of their facilities. Also held, however, that the government still could pursue injunctive relief, and thus reversed the dismissal of the government's complaint in relevant part.




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Californians for Renewable Energy v. California Public Utilities Commission

(United States Ninth Circuit) - Addressed small-scale solar energy producers' claims that the California Public Utilities Commission's programs do not comply with federal requirements. Affirmed in part and reversed in part.




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Mirkin v. XOOM Energy, LLC

(United States Second Circuit) - Partially affirmed, partially reversed. A class action suit against energy providers was dismissed and a post-judgment request for leave to amend was refused. Plaintiffs should have been allowed to amend their complaint and their proposed amended complaint stated plausible claims.




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Rivera v. Int'l Trade Commission

(United States Federal Circuit) - In an appeal from a divided decision by the International Trade Commission, finding no violation of Section 337 of the Tariff Act of 1930, 19 U.S.C. section 1337, based on the Commission's holding of invalidity of certain asserted claims of appellant's patent that describes single-brew coffee machines, the Commission's decision is affirmed where substantial evidence supports the Commission's holding that all asserted claims are invalid for lack of written description.




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Capella Sales and Services Ltd. v. US Aluminum Extrusions Fair Trade Committee

(United States Federal Circuit) - Affirming the US Court of International Trade's dismissal of two separate complaints challenging the countervailing duties on imported goods charged to an importer of aluminum extrusions from China because, regardless of the difference in rates between this importer's charge and a subsequent litigation into a similar matter, the importer was not a party to the other action, and they had failed to state a claim upon which relief could be granted and could not claim the benefit of the rate awarded in separate litigation.




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Changzhou Trina Solar Energy Co., Ltd. v. US International Trade Commission

(United States Federal Circuit) - Affirming the US Court of International Trade's decision sustaining the International Trade Commission's finding that Chinese imports of crystalline silicon photovoltaic cells and modules were being dumped on the US market, damaging domestic industry, because these determinations were supported by substantial evidence on the record.




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BAE Systems Technology Solution and Services, Inc. v. Republic of Korea's Defense Acquisition Program Administration

(United States Fourth Circuit) - Affirming the district court's grant of a declaratory judgment to the plaintiff that it hadn't breached any contractual agreement with Korea, but refusing a permanent injunction barring Korea from suing them in Korean courts in a contract suit between a US defense contractor and Korea in a complex set of exchanges involved in upgrading the country's fighter planes.




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Sea Breeze Salt, Inc. v. Mitsubishi Corp.

(United States Ninth Circuit) - Held that an antitrust lawsuit was barred by the act-of-state doctrine. The plaintiff corporations alleged that a Mexican-government-owned salt production company engaged in an antitrust conspiracy with a Japanese company. Affirming dismissal of the complaint, the Ninth Circuit held that the lawsuit was fundamentally a challenge to Mexico's determination about the exploitation of its own natural resources and thus was barred by the act-of-state doctrine, which precludes adjudication of the sovereign acts of other nations in U.S. courts.




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InfoSpan, Inc. v. Emirates NBD Bank PJSC

(United States Ninth Circuit) - Held that there was no basis for personal jurisdiction over a United Arab Emirates bank in a commercial dispute with a technology firm. The firm argued that the bank had waived its personal-jurisdiction defense through its litigation conduct. Disagreeing, the Ninth Circuit reversed and remanded with directions to dismiss the case because the bank lacked sufficient minimum contacts with the U.S.




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In re Boon Global Limited

(United States Ninth Circuit) - Addressed whether Hong Kong- and Vietnam-based companies could be forced into arbitration in a software development dispute. The issue involved whether nonsignatories may be bound by an arbitration agreement. Denied the companies' request for a writ of mandamus.




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MID-LIST PRESS v. NORA

(United States Eighth Circuit) - Company was entitled to permanent injunction preventing company president from using the company's trade name and ISBN number on his book of poetry, as he did not have the company's permission to use them, since such use would cause confusion in the marketplace.




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MILLER YACHT SALES, INC. v. SMITH

(United States Third Circuit) - Dismissal of plaintiff's suit, alleging trade-dress infringement and tortious interference, for lack of personal jurisdiction is reversed were defendant had sufficient contacts with New Jersey.




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Bretford Mfg. Inc. v. Smith Sys. Mfg. Corp.

(United States Seventh Circuit) - In a trademark dispute concerning a computer table, defendant did not engage in "reverse passing off" when it incorporated some of plaintiff's hardware into a sample table that it presented to potential purchasers.