cent

Central coast teenagers seriously injured after allegedly being struck by drunk ride-share driver

A ride-share driver is charged with dangerous driving occasioning grievous bodily harm after he allegedly ran down a group of teenagers while under the influence of alcohol on the central coast in the early hours of the morning.




cent

Kangaroos account for 90 per cent of crashes involving animals in NSW, so what do you do if you hit a roo?

For most drivers, hitting a kangaroo can be a terrifying experience. But if the animal is still alive, the next steps you take can be the most important.




cent

Case worker Norm Henderson outside Weigelli rehab centre




cent

Wall of hands at Weigelli rehab centre




cent

Push to cut drought-loan interest from 2.5 per cent to zero

The NSW Farmers Association is lobbying the State Government remove the interest on loans provided to farmers during drought.




cent

Farmers ask Scott Morrison to consider financial incentives to leave drought-affected land

Exit packages are one of six measures the National Farmers' Federation has requested of the Federal Government in a bid to help those affected by what it says is unprecedented drought.




cent

Parkes' abandoned gold mines continue to be unearthed by residents a century on

Cave-ins, bottomless pits filled with car bodies and cyanide-laced sandhills are just some of the remnants left behind from Parkes' long gold-rush history.




cent

New IBM midmarket incentives for Business Partners

Find out about the major investment IBM is making in the mid-market. And learn how new incentives, plus expanded Business Partner programs, can help drive growth.




cent

'Capital in the Twenty-First Century' director explains the post-coronavirus economy: 'I think the damage is done'

When director Justin Pemberton began screening his new documentary at film festivals in 2019, the movie’s warnings of another financial meltdown seemed like a far-off problem. But then the coronavirus pandemic sent the global economy into a tailspin.





cent

4-star center Sanogo reclassifies to 2020, verbally commits to UConn




cent

PHOTOS: Fluorescent turtle embryo wins forty-fifth annual Nikon Small World Competition

The winners of the 45th annual competition showcase a spectacular blend of science and artistry under the microscope.





cent

Human Ability and Accessibility Center

IBM can deliver solutions that address end-to-end accessibility requirements facing organizations today.




cent

100 years of doing business; 100 years of doing good. Human Ability and Accessibility Center employees "doing good" for the IBM Celebration of Service.

As IBM turned 100 in June of 2011, the corporation embraced its history of service to the communities in which it does business. IBM encouraged employees to participate in the global IBM Celebration of Service. The IBMers who make up the Human Ability and Accessibility Center found many memorable ways of including accessibility as a focus of their participation in the Celebration of Service.




cent

Innovation for the People of a Smarter Planet: IBM Human Centric Solutions Center is making a difference for Italian seniors aging at home in Bolzano.

An IBM Smarter Cities team led by the IBM Human Centric Solutions Center partnered with Bolzano city planners to answer the question "Can we use technology to guarantee a good quality of life for our aging population?" And the answer is a resounding "yes."




cent

MEI Pharma, Inc. (NASDAQ:MEIP) Analysts Are Pretty Bullish On The Stock After Recent Results

Investors in MEI Pharma, Inc. (NASDAQ:MEIP) had a good week, as its shares rose 3.8% to close at US$2.74 following the...





cent

Does NextEra Energy, Inc.'s (NYSE:NEE) Recent Track Record Look Strong?

For investors with a long-term horizon, assessing earnings trend over time and against industry benchmarks is more...





cent

Center for Competitive Politics v. Harris

(United States Ninth Circuit) - In an action brought under 45 U.S.C. section 1983, seeking to enjoin the California Attorney General from requiring plaintiff to disclose the names and contributions of the it's "significant donors" on Internal Revenue Form 990 Schedule B, which plaintiff must file with the state in order to maintain its registered status with the Registry of Charitable Trusts, the district court's denial of a preliminary injunction is affirmed where: 1) the disclosure requirement did not injure plaintiff's exercise of the First Amendment rights to freedom of association; and 2) the disclosure requirement is not preempted by Congress for privacy purposes under 26 U.S.C. section 6104, part of the Pension Protection Act of 2006.




cent

Jewish Community Centers Develop. Corp. v. County of Los Angeles

(California Court of Appeal) - In a property tax refund action based on the welfare exemption set forth in Revenue and Taxation Code section 214, the trial court's judgment in favor of plaintiff is affirmed where: 1) the State Board of Equalization's (SBE) interpretation of section 214 was clearly erroneous; 2) the SBE's advisory rule regarding who must file a welfare exemption is not binding and therefore should not be given independent legal effect; and 3) the County failed to establish that the trial court should have denied a tax refund because plaintiff's claims were tardy and its claim forms were incomplete.



  • Tax-exempt Organizations
  • Property Law & Real Estate
  • Tax Law

cent

Cohen v. Kabbalah Centre International Inc.

(California Court of Appeal) - Held that a woman who made a sizeable donation to a San Diego spiritual group had no right to obtain her money back. Affirmed a summary adjudication in relevant part, rejecting her fraud and other claims.



  • Tax-exempt Organizations
  • Injury & Tort Law

cent

Twentieth Century Fox Television v. Empire Distribution, Inc.

(United States Ninth Circuit) - Affirming the district court's summary judgment in favor of Fox, holding that their use of the name 'Empire' was protected by the First Amendment and therefore was outside of the reach of the Lanham Act and their use of the word as a show title did not infringe on a record label's trademark rights.




cent

Barrington Music Products, Inc. v. Music and Arts Center

(United States Seventh Circuit) - Addressed a damages issue in a case where a jury found that a musical instrument retailer infringed another retailer's trademark. Affirmed the denial of the plaintiff's motion amend the judgment.




cent

Barrington Music Products, Inc. v. Music and Arts Center

(United States Seventh Circuit) - Addressed a damages issue in a case where a jury found that a musical instrument retailer infringed another retailer's trademark. Affirmed the denial of the plaintiff's motion amend the judgment.




cent

Accent Packaging, Inc. v. Legget & Platt, Inc.

(United States Federal Circuit) - Summary judgment for defendant on patent infringement claims involving a wire tier device that is used to bale recyclables or solid waste is: 1) reversed in part and remanded with respect to claims 1-4 of the ’877 patent, where the district court erred in it construction of the terms "each" and "a respective one"; but 2) affirmed on claim 5 of the ’877 patent and all of the asserted claims of the ’992 patent; and 3) affirmed on the denial of plaintiff's motion for additional discovery pursuant to and the dismissal of plaintiff's Missouri Uniform Trade Secrets Act cause of action.




cent

Killer turtle caught on Central Coast

ONE of the world’s most dangerous waterway pests — the red-eared slider turtle — has been caught in a shock discovery on the Central Coast.




cent

Chen v. LA Truck Centers, LLC.

(Supreme Court of California) - Reversed. Plaintiffs brought a tort action against Defendants for a fatal tour bus accident that occurred in Arizona. The parties originally included plaintiffs from China and defendants from Indiana and California. The trial court determined that Indiana law governed the suit. Before trial a settlement was reached with the Indiana defendant. A Motion in Limine was brought to reconsider the choice of law because of the settlement. The Supreme Court held that a settlement did not require the trial to reconsider the choice of law.




cent

Lopez v. Bartlett Care Center, LLC

(California Court of Appeal) - Affirmed. Defendant, a skilled nursing facility, appealed an order denying its petition to compel arbitration for claims of negligent, elder abuse and wrongful death. The trial court found that the claims were not arbitratable because there was no arbitration agreement between Defendant and the decedent.



  • Injury & Tort Law
  • Dispute Resolution & Arbitration

cent

Bakalian v. Central Bank of the Republic of Turkey

(United States Ninth Circuit) - Affirmed. In the absence of the invalidated extension statute, Plaintiffs’ claims seeking compensation for property taken from Plaintiffs’ ancestors during the Armenian Genocide brought under the Foreign Sovereign Immunities Act were barred by the statute of limitations for genocide, war crimes, and crimes against humanity.




cent

Central Laborers Pension Fund v. McAfee, Inc.

(California Court of Appeal) - Affirming the trial court's summary judgment as to nine outside directors of McAfee in a class action corporate malfeasance case relating to the company's merger with Intel in which former public shareholders alleged an unfair process contaminated by conflicts that resulted in an undervalued price at sale, but reversing the judgment as to the former CEO and the corporate defendants




cent

Drulias v. 1st Century Bancshares, Inc.

(California Court of Appeal) - Affirmed that a proposed shareholder class action could not proceed in a California court. The proper jurisdiction was Delaware because the defendant corporation had adopted a bylaw designating Delaware as the exclusive litigation forum for intra-corporate disputes. The forum selection bylaw was enforceable even though it had been adopted without stockholder consent.




cent

CHEVALIER v. GENERAL NUTRITION CENTERS INC

(PA Supreme Court) - No. 22 WAP 2018 No. 23 WAP 2018




cent

Centex Homes v. R-Help Construction Co., Inc.

(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.




cent

Surgery Center at 900 North Michigan Avenue, LLC v. American Physicians Assurance Corp.

(United States Seventh Circuit) - Held that an insurance company was not liable for bad faith for failing to settle a medical malpractice claim for the policy limit. Affirmed a JMOL against the claims of an outpatient surgical center.




cent

Next Century Associates, LLC v. County of Los Angeles

(California Court of Appeal) - Held that a county appeals board erred in denying a hotel's request for a property tax refund. The hotel contended that the property valuation was incorrect. Reversed and remanded to the board for a new hearing.



  • Tax Law
  • Property Law & Real Estate

cent

Electronic Privacy Information Center v. IRS

(United States DC Circuit) - Affirmed the dismissal of a nonprofit organization's lawsuit seeking President Donald Trump's income tax records. Held that no one can use a Freedom of Information Act request to demand to inspect another's tax records. The case involved a FOIA request filed by the Electronic Privacy Information Center shortly after the 2016 election.




cent

Small Justice LLC v. Xcentric Ventures LLC

(United States First Circuit) - Affirming the district court's decision to dismiss the plaintiff's claims under Massachusetts law for libel and intentional interference, affirming the grant of summary judgment to the defendant on the remaining claims, and affirming the award of attorney fees and costs to the defense in a case where an attorney was the subject of two negative reports because the law immunized the defense for many of the complaints.




cent

Olive v. General Nutrition Centers, Inc.

(California Court of Appeal) - On rehearing, held that a professional model and actor was not entitled to recover his attorney fees after being awarded damages against an advertiser that used his likeness in an advertising campaign after its right to do so expired. Affirmed the trial court.




cent

Central Laborers Pension Fund v. McAfee, Inc.

(California Court of Appeal) - Affirming the trial court's summary judgment as to nine outside directors of McAfee in a class action corporate malfeasance case relating to the company's merger with Intel in which former public shareholders alleged an unfair process contaminated by conflicts that resulted in an undervalued price at sale, but reversing the judgment as to the former CEO and the corporate defendants




cent

Panoche Energy Center, LLC v. Pacific Gas and Electric Co.

(California Court of Appeal) - In an arbitration action, arising from a dispute between plaintiff electricity producer and defendant utility over which party bears the cost of complying with laws to reduce greenhouse gas emissions under the Global Warming Solutions Act of 2006, the trial court's vacating of the arbitration award to PG&E is reversed where the question of contact interpretation was ripe for arbitration and plaintiff failed to show sufficient cause for postponing the arbitration process.




cent

Newcomb v. Middle County Central School District

(Court of Appeals of New York) - In a civil action, arising from an auto accident allegedly caused by defendant school district's sign distracting and obstructing passing drivers on a roadway, the trial court's conclusion that plaintiff should not be permitted to serve late notice of a claim is reversed where the trial court abused its discretion in determining that defendant would be substantially prejudiced without any record evidence to support that determination.




cent

Aspic Engineering and Construction Co. v. ECC Centcom Constructors, LLC

(United States Ninth Circuit) - Held that an arbitrator made an "irrational" decision in a contract dispute between two government contractors. Affirmed the district court's vacatur of the arbitration award, in this case involving contracts to construct buildings and facilities in Afghanistan.




cent

Centex Homes v. R-Help Construction Co., Inc.

(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.




cent

Independent Living Center of Southern California, Inc. v. Kent

(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.




cent

SARS eFiling Phishing Scam - Support Center

Another lame attempt at defrauding honest tax-paying South Africans. These phishing scammers could have at least used a better logo in their e-mail.




cent

Center for Biological Diversity v. US Forest Service

(United States Ninth Circuit) - Revived environmental organizations' lawsuit seeking to compel the U.S. Forest Service to ban hunters' use of lead ammunition, which is ingested by scavenger wildlife species and causes lead poisoning. Held that the suit for declaratory and injunctive relief was justiciable. Reversed a dismissal and remanded.




cent

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.




cent

Center for Biological Diversity v. Ilano

(United States Ninth Circuit) - Upheld the U.S. Forest Service's approval of a project to address spreading pine-beetle infestation in certain at-risk forest lands. Rejected environmental groups' claims concerning the impact on a particular species of owl. Affirmed summary judgment for the government.




cent

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.




cent

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

cent

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.