(United States Ninth Circuit) - In an amended opinion, held that an African American-owned operator of television networks sufficiently pleaded that a cable television operator unlawfully refused to enter into a carriage contract based on racial bias, in violation of 42 U.S.C. section 1981. Affirmed denial of a motion to dismiss, on interlocutory appeal.

(California Court of Appeal) - Held that a newspaper's anti-SLAPP motion should have been granted to block a libel suit. The plaintiffs failed to make a prima-facie showing that statements regarding them in a series of articles about campaign contributions were false. Reversed in relevant part.

(United States Second Circuit) - Revived a media company's claim that a popular website infringed its copyright in certain photographs of famous celebrities. The website, which enables users to create and share digital photo collages, has a clipper tool that lets users clip images from other websites. Reversed summary judgment in relevant part, in this case involving the Digital Millennium Copyright Act.

(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.

(United States First Circuit) - In an investor suit against the company and four corporate officers, following a drop in the share price of the company, alleging securities fraud in violation of Sections 10(b) and 20(a) of the Securities Exchange Act of 1934 (Exchange Act), 15 U.S.C. sections 78j(b) and 78t(a), as well as the Securities and Exchange Commission's (SEC) Rule 10b-5, 17 C.F.R. section 240.10b-5, the district court's judgment is: 1) affirmed as to the dismissal of the securities fraud counts, except with respect to one particular alleged misstatement for which we find the allegations set forth in the complaint sufficient to state a claim; and 2) affirmed as to the disposition of the plaintiffs' claims under Sections 11 and 15, albeit on different grounds than those articulated by the district court.

(California Court of Appeal) - In a water law action, arising from a dispute between landowners and public water producers over rights to groundwater contained in the Santa Maria Valley Groundwater Basin, the trial court's amended judgment is affirmed where: 1) the trial court properly quieted title even though it did not quantify the proportionate prescriptive loss attributed to specified parcels; 2) the trial court did not err in its prevailing party determination for the purposes of determining costs.

(United States First Circuit) - In a public utilities class action, contending that defendant power company (PREPA)'s subsidized municipalities' private use of power in violation of Puerto Rico law, the district court's grant of summary judgment to defendant is affirmed where plaintiffs' lack of a valid protected interest in the electricity consumed by the municipalities or the funds paid to PREPA deprive them of standing to bring takings or due process claims.

(California Court of Appeal) - In a petition for writ of mandamus and complaint for injunctive and declaratory relief against the California Public Utilities Commission (CPUC) for failing to comply with the the Public Records Act (PRA), Government Code sections 6250-6276.48, the petition is granted where Public Utilities Code section 1759 bars the superior court from exercising jurisdiction over such a lawsuit.

(United States Ninth Circuit) - In a petition for review challenging an Objection Letter sent by the EPA regarding draft permits for water reclamation plants in El Monte and Pomona, California, the petition is dismissed for lack of subject matter jurisdiction where neither 33 U.S.C. section 1369(b)(1)(E) nor (F) of the Clean Water Act provided the court with subject matter jurisdiction to review the Objection Letter.

(United States Ninth Circuit) - In a petition for review brought by various entities challenging the Federal Energy Regulatory Commission (FERC)'s calculation of certain refunds arising out of the California energy crisis in 2000 and 2001, the petition is: 1) granted in part where FERC acted arbitrarily or capriciously in allocating the refund only to net buyers and not to all market participants; and 2) denied in part as to the question of whether refunds should be netted hourly or a cross the entire refund period where FERC did not act arbitrarily or capriciously in its construction of tariffs.

(California Court of Appeal) - Reversing the judgment and remanding the case of a woman whose home had a distressing electric charge, particularly in the shower, as the result of a power plant next door because the trial court erred in admitting irrelevant evidence relating to stray voltage incidents involving prior owners and tenants and that the admission of that evidence was prejudicial.

(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.

(United States Third Circuit) - Reversed a ruling that the City of Philadelphia unconstitutionally uses liens as a means to collect unpaid gas bills. In this lawsuit brought by a group of landlords, the City appealed from a ruling that it had violated the landlords' rights under the Due Process Clause by using a system of liens to collect unpaid gas bills. On appeal, the Third Circuit upheld the constitutionality of the City's procedures for collecting gas debts, and thus reversed the trial court's grant of summary judgment to the landlords.

(United States First Circuit) - Vacated an order denying a request by Puerto Rico Electric Power Authority (PREPA) bondholders for relief from an automatic stay. The bondholders argued that a statute enacted by Congress to address Puerto Rico's financial crisis did not preclude them from obtaining relief so that they could petition another court to place PREPA into receivership. Agreeing, the First Circuit held that the district court erred in concluding otherwise.

(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.

(United States Fifth Circuit) - Held that defendant rural power cooperatives were entitled to remove a case from state to federal court. The lawsuit alleged that they had unlawfully failed to provide certain refunds to their members. Reversed a remand order, in these three consolidated cases.

(California Court of Appeal) - Affirmed. Plaintiff sued to prevent Defendant from violating city zoning laws to construct a solar energy project. Defendant claimed an exemption under Gov. Code, section 53091 and 53096. Court found that exemption does not apply and that there was no finding that no feasible alternative was available.

(United States Federal Circuit) - In the Government's challenge to the Court of International Trade's (CIT) third remand determination that certain aluminum trim kits do not fall within the scope of the antidumping and countervailing duty orders on aluminum extrusions from the People's Republic of China, the CIT determination is reversed where the Department of Commerce correctly found in its initial decision that plaintiff's trim kits are aluminum extrusions which are shapes and forms made of an aluminum alloy that is covered by the scope of the Orders.

(United States Federal Circuit) - Affirming the Court of International Trade's decision affirming a Department of Commerce ruling in the administrative review of an earlier anti-dumping order, the court held that no error occurred in the determination that a Chinese saw blade manufacturer was seeking to sell their products at less than fair market value in the United States.

(United States Federal Circuit) - Reversing and remanding a decision by the US Court of International Trade affirming a remand determination of the US Department of Commerce regarding the import of extruded aluminum door handles for kitchen appliances packaged for importation with plastic end caps and screws as being within the scope of relevant antidumping and countervailing duties orders where, on appeal, the Court of International Trade concluded that Commerce's scope ruling was unreasonable and unsupported by substantial evidence that resulted in a Commerce determination, under protest, that the subject products were not included within the scope of the relevant orders.

(California Court of Appeal) - Reversing an arbitration proceeding default award for hundreds of millions of dollars against a Chinese company that did not appear after service by mail in a Los Angeles action brought by an American investment partnership complaining of a breach of contract because the Hague Service Convention does not permit Chinese citizens to be served by mail, nor does it permit parties to set their own terms of service by contract.

(California Court of Appeal) - Held that a Korean manufacturer/distributor of household products was subject to specific personal jurisdiction in California. The company was being sued in connection with a consumer's death allegedly from long-term use of a humidifier cleaning agent. Reversed an order quashing service of summons.

(United States Fifth Circuit) - On rehearing of a dispute between two creditors, held that Louisiana's non-resident attachment statute allows for attachment in aid of arbitration. Further held that subject matter jurisdiction existed here under the Convention on the Recognition and Enforcement of Foreign Arbitral Awards. Vacated and remanded.

(United States Federal Circuit) - In a complaint alleging design-patent infringement under federal law as well as trade-dress infringement and unfair competition under federal and state law, the district court's denial of defendant's motion to stay the action pending arbitration based on the parties' agreement's arbitration provision, is affirmed where defendant's assertion that the arbitration provision covers the claims stated in the complaint is 'wholly groundless,' a standard that defendant accepts as applicable in this case.

(United States Federal Circuit) - Affirming a Patent Trial and Appeal Board determination that patents relating to systems for performing marine seismic surveying were unpatentable because they made no error justifying the disturbance of their obviousness decisions.

(United States Federal Circuit) - Affirmed the trial court's decision which had denied Plaintiff's challenge to the Patent Board’s denial of its patent. The government sought to recover costs and attorney’s fees under section 145 of the Patent Act. The trial court held that costs may be recovered under section 145, but not attorney fees.

(United States Federal Circuit) - Vacated in part and affirmed in part. Plaintiff owns patents for making flameless candles. The Patent Trial and Appeal Board held that certain claims by plaintiff were unpatentable and some claims were time barred. The Federal Circuit vacated the time barred decision as to one of the claims and affirmed the Board’s decision as to the other claims.

(United States Federal Circuit) - Affirmed a judgment of no interference-in-fact in a patent case involving the CRISPR-Cas9 system for the targeted cutting of DNA molecules. The Federal Circuit found no error in the Patent Trial and Appeal Board's conclusion of no interference-in-fact, in this case pitting the Broad Institute, Inc., Massachusetts Institute of Technology, and others against the University of California, the University of Vienna, and others.

(United States Seventh Circuit) - Held that a company did not violate a nondisclosure agreement by including particular information in a patent application for a 3D printing process. Affirmed summary judgment against a breach-of-contract claim brought by the other party to the nondisclosure agreement, a distributor of specialty polymers.

(Court of Appeals of New York) - In a trip and fall action, the trial court’s grant of summary judgment to defendant is reversed where there was dispute as to whether defendant or an adjacent business’s portion of a sidewalk was the proximate cause of plaintiff’s injuries.

(Court of Appeals of New York) - Conviction for criminal sale of a controlled substance is affirmed where defendant was given a reasonable opportunity to object to the legality of his guilty plea and didn't do so, thus failing to preserve his claim challenging the validity of his plea.

(United States Seventh Circuit) - Affirmed. A tenured teacher who waged an extended campaign against students who did not give him an award and sued the school when the Board of Trustees took action against him lost his appeal of the grant of summary judgment to the school. The First Amendment didn't protect his firing for intentionally causing harm to students and failing to follow the dean's instructions.

(United States Seventh Circuit) - Plaintiff, an abortion care provider, sought a license from the State of Indiana to operate a clinic. Plaintiff made two unsuccessful license applications over a two-year period before resorting to the federal courts. The district court granted Plaintiff preliminary relief based on the likelihood that it would be successful at trial. Indiana appealed seeking a stay on the relief. Appellate ordered that Indiana should treat Plaintiff as though it were provisionally licensed while the litigation proceeds.

(United States Seventh Circuit) - Affirmed. Injunctions against the state preventing it from implementing a plan to purge voter rolls based on third party information rather than directly contacting voters was affirmed because plaintiff organizations established standing and the decision was not an abuse of discretion.

(United States Seventh Circuit) - Affirmed. A preliminary injunction against enforcement of state laws requiring parental notification in the case of pregnant unemancipated minors seeking abortions was upheld.

(United States Third Circuit) - In a case to determine whether SB 2460, which the New Jersey Legislature enacted in 2014 (2014 Law) to partially repeal certain prohibitions on sports gambling, violates federal law the district court's judgment that the 2014 Law violates the Professional and Amateur Sports Protection Act (PASPA), 28 U.S.C. sections 3701-3704, is affirmed where PASPA, but its terms, prohibits states from authorizing by law sports gambling, and the 2014 Law does exactly that.

(United States Second Circuit) - In a dispute arising out of the alleged improper use of deflated footballs by professional football athlete Tom Brady, the District Court's vacation of the NFL Commissioner's award confirming the discipline of Brady, based upon the court's finding of fundamental unfairness and lack of notice, is reversed where: 1) the Commissioner properly exercised his broad discretion under the collective bargaining agreement; and 2) his procedural rulings were properly grounded in that agreement and did not deprive Brady of fundamental fairness.

(United States Third Circuit) - In an appeal to determine where whether SB 2460, which the New Jersey Legislature enacted in 2014 to partially repeal certain prohibitions on sports gambling, violates federal law, the District Court's holding that the 2014 Law violates the Professional and Amateur Sports Protection Act (PASPA), 28 U.S.C. sections 3701-3704, is affirmed where PASPA by its terms, prohibits states from authorizing by law sports gambling, and the 2014 Law does exactly that.

(United States Ninth Circuit) - In a bankruptcy action, arising from a dispute between owners of the National Hockey League's Nashville Predators, and involving a general unsecured claim for damages against debtor's estate, the bankruptcy court's grant of summary judgment to the estate is affirmed where the subordination of claims arising from the purchase or sale of the security of a debtor to other senior and equal claims under 11 U.S.C., section 510(b) applies where the debtor is an individual.

(California Court of Appeal) - In an appeal from the trial court's denial of two consolidated petitions to set aside the certification of the environmental impact report and related permits for the construction of an arena to house the Golden State Warriors basketball team, as well as other events, and the construction of adjacent facilities, in the Mission Bay South redevelopment plan area of San Francisco, the trial court's judgment is affirmed where there is no merit to plaintiffs' objections to the sufficiency of the city's environmental analysis and its approval of the proposed project.

(United States Ninth Circuit) - In an brought by former student-athlete plaintiffs, alleging that defendant exploited their likenesses commercially by selling non-exclusive licenses permitting consumers to download photographs from the National Collegiate Athletic Association's Photo Library for non-commercial use, the district court's order granting defendant's special motion to strike and dismissing plaintiffs' claims without leave to amend is affirmed where: 1) the federal Copyright Act preempts the plaintiffs' publicity-right claims and the derivative UCL claim; and 2) in light of that holding, plaintiffs' cannot demonstrate a reasonable probability of prevailing on their challenged claims.

(California Court of Appeal) - Revived claims brought by several African-American college basketball players that their head coach had engaged in race-based discrimination and retaliation. The players claimed that the coach reduced their playing time, afforded them fewer opportunities, punished them more severely and otherwise favored their teammates of other races. Reversed summary judgment in relevant part on their claims under title VI of the Civil Rights Act of 1964 and California law.

(United States Federal Circuit) - In a complaint filed in the U.S. Court of Federal Claims challenging the Contracting Officer's rejection of plaintiff's unsolicited proposal to the U.S. Department of the Navy's Indian Head Explosive Ordnance Disposal Technology Division (IHEODTD) pursuant to 48 C.F.R. (Federal Acquisition Regulation (FAR)) Subpart 15.6 (2015), the Claims Court's grant of the government's motion to dismiss is affirmed where there is lack of subject matter jurisdiction pursuant to Rule 12(b)(1) of the Rules of the Court of Federal Claims (RCFC) because he lacked standing under 28 U.S.C. section 1491(b)(1) (2012).

(United States First Circuit) - In a suit brought under a Puerto Rico 'Law 458', which prohibits government instrumentalities and public corporations from awarding bids or contracts to persons (including juridical persons) who have been convicted of 'crimes that constitute fraud, embezzlement or misappropriation of public funds listed in section 928b of this title,' P.R. Laws Ann. tit. 3, section 928, the district court's judgment remanding the case to the Commonwealth Puerto Rico Court of First Instance is affirmed where the forum selection clauses at issue were enforceable, and that the unanimity requirement of 28 U.S.C. section 1446(b)(2)(A) therefore could not be satisfied.

(California Court of Appeal) - In a case involving an airport lease and operating agreement, brought by a company alleging that the city had a flawed bidding process, the trial court's denial of plaintiff's leave to amend its petition and complaint is affirmed.

(California Court of Appeal) - In a case arising out of a highly publicized corruption scandal in the City of Bell a jury had convicted the assistant city manager of 11 counts involving misappropriation of public funds, conspiracy, conflict of interest, and secreting a public record. The court reversed the the misappropriation convictions due to errors in the jury instructions, but upheld the remaining charges.

(California Court of Appeal) - In a case arising out of a highly publicized corruption scandal in the City of Bell a jury had convicted the assistant city manager of 11 counts involving misappropriation of public funds, conspiracy, conflict of interest, and secreting a public record. The court reversed the the misappropriation convictions due to errors in the jury instructions, but upheld the remaining charges.

(California Court of Appeal) - In a case arising out of a highly publicized corruption scandal in the City of Bell, a jury had convicted the assistant city manager of 11 counts involving misappropriation of public funds, conspiracy, conflict of interest, and secreting a public record. The court reversed the the misappropriation convictions due to errors in the jury instructions, but upheld the remaining charges.

(United States Federal Circuit) - Appeal to determine meaning of special factor in 28 USC 2412(d)(2)(A), Equal Access to Justice Act. When special factor is found the statutory attorney fee rate is increased. The Claims Court found special factor existed in a bid protest claim where the Department of Health and Human Services (HHS) was stated to have acted arbitrarily and awarded plaintiff attorney fees increased by special factor. The Federal Court of Appeals held that the Claims Court erred and there was no special factor. Egregious misconduct by the HHS does not constitute a special factor.

(California Court of Appeal) - Upheld an attorney fee award to a government contractor that defeated a municipality's claim brought under the California False Claims Act, even though the contractor did not prevail in the action as a whole.