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Alliance for Open Society International, Inc. v. US Agency for International Development

(United States Second Circuit) - Held that the U.S. government could not constitutionally deny funding to fight HIV/AIDS abroad based on a foreign organization's failure to adopt a policy explicitly opposing prostitution and sex trafficking. Affirmed the issuance of a permanent injunction on First Amendment grounds. The government had been interpreting a related 2013 Supreme Court decision narrowly.




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Narragansett Indian Tribe v. Rhode Island Department of Transportation

(United States First Circuit) - Affirmed the dismissal of an Indian tribe's complaint against federal and Rhode Island agencies concerning a highway bridge reconstruction. The tribe argued, at base, that the state of Rhode Island broke a promise to give the tribe three parcels of land as mitigation for the expected negative impact on historic tribal land of an I-95 bridge replacement project. Agreeing with the district court, the First Circuit held that the tribe's claims were barred by federal sovereign immunity and lack of subject matter jurisdiction.




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Findleton v. Coyote Valley Band of Pomo Indians

(California Court of Appeal) - Affirmed that a construction contractor was entitled to recover attorney fees he incurred in seeking to enforce his right to arbitrate a claim that an Indian tribe failed to pay him for his work.




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San Diego Unified Port District v. California Coastal Commission (Sunroad Marina Partners, LP)

(California Court of Appeal) - Held that the California Coastal Commission did not act contrary to law in refusing to certify the San Diego Unified Port District's proposed master plan amendment authorizing a hotel development project, in a reversal of the trial court.




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Contractors' State Licensing Board v. Superior Court (Black Diamond Electric, Inc.)

(California Court of Appeal) - Held that an electrical contractor could not proceed with its lawsuit challenging a state licensing board's disciplinary decision, because the contractor was required to exhaust its administrative remedies before filing suit. Granted the licensing board's petition for a writ of mandate.




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JMS Air Conditioning and Appliance, Inc. v. Santa Monica Community College District

(California Court of Appeal) - Upheld an administrative decision by the Santa Monica Community College District to allow a contractor to replace one subcontractor with another subcontractor on a construction project. Affirmed the denial of the plaintiff subcontractor's writ petition.




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Berkeley Cement, Inc. v. Regents of the University of California

(California Court of Appeal) - Held that mediation costs fall within the category of costs that may be awarded in the trial court’s discretion. Affirmed an award to the prevailing party in this construction dispute.




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Ione Valley Land, Air, and Water Defense Alliance, LLC v. County of Amador

(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.




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Rudisill v. California Coastal Commission

(California Court of Appeal) - Held that an anti-SLAPP motion was not frivolous. The motion was filed by the real parties in interest in a mandamus proceeding concerning permits for a real estate development project. Reversed a sanctions order.




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Precision Framing Systems Inc. v. Luzuriaga

(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.




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Cappetta v. Social Security Administration

(United States Second Circuit) - Held that the Social Security Administration was justified in imposing an assessment and penalty on a recipient of disability benefits who failed to report work activity. The benefit recipient disputed that his failure to report earnings was material. While rejecting his legal challenge, the Second Circuit held that the agency lacked substantial evidence to support the amounts of the assessment and penalty, and therefore vacated and remanded.




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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.




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Lockwood v. Commissioner of Social Security Administration

(United States Second Circuit) - Held that the Social Security Administration erred in denying an individual's disability insurance benefits application. Reversed the district court and remanded for further proceedings.




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Texas Tech Physicians Associates v. US Department of Health and Human Services

(United States Fifth Circuit) - Held that a university-affiliated medical practice must return $8 million to the federal agency that administers Medicare. The medical practice's test of a new care management model (a Medicare demonstration project) did not achieve the expected cost savings. Upheld an administrative order.




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Goldstein v. California Unemployment Insurance Appeals Board

(California Court of Appeal) - Upheld the denial of a man's application for unemployment insurance benefits. Affirmed the denial of writ relief.




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Hoag Memorial Hospital Presbyterian v. Kent

(California Court of Appeal) - Held that a hospital waited too long to file an administrative appeal challenging a reduction in Medi-Cal reimbursements. Affirmed that the filing was untimely.




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D.C. Association of Chartered Public Schools v. District of Columbia

(United States DC Circuit) - Vacated and remanded. The district court dismissed claims by a group of chartered schools complaining about school funding practices but the case was vacated and remanded for dismissal because they lacked jurisdiction to hear the claims in the first instance.




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Canadian Pharmacy, Medications and Drug Spam - Image has been damaged

The Canadian Pharmacy Spammers are at it again, or should we say still at it again.




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Cialiswelness.com Spam - Cppgenius Unread messages

A fake Facebook message, taking you to some online pharmacy site.




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Donations Scam - Attention: From Gloria Mackenzie 9/9/2014

So you are no longer winning lotteries, you are getting donations from generous lottery winners.




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WildEarth Guardians v. Provencio

(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.




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Ione Valley Land, Air, and Water Defense Alliance, LLC v. County of Amador

(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.




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Oregon Natural Desert Association v. Rose

(United States Ninth Circuit) - Addressed an environmental group's challenge to the Bureau of Land Management's decisions about the route network for motorized vehicles on certain lands. Affirmed in part and reversed in part.




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WildEarth Guardians v. Provencio

(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.




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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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Virginia Uranium, Inc. v. Warren

(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.




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Califonia Communities Against Toxics v. Environmental Protection Agency

(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.




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United Keetoowah Band of Cherokee Indians in Oklahoma v. FCC

(United States DC Circuit) - Granted in part. In a petition to review an order loosening regulations to allow microcell transmission towers supporting cell phone reception to be built on or near Native American cultural sites, the FCC's determination that it wasn't in the public interest to review small cell deployment was arbitrary and capricious.




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Pitzer College v. Indian Harbor Ins. Co.

(Supreme Court of California) - Remanded. The Plaintiff purchased an insurance policy from Defendant that covered pollution conditions. The policy required notice of any pollution condition and written consent before incurring obligations. Defendant denied coverage for pollution conditions that were found at a dormitory construction site because the policy notice and consent provisions were violated. The Court held that the notice-prejudice rule, which allows insureds to proceed against their insurer even if notice is late as long as it does not substantially prejudice the insurer, is a fundamental public policy of California and applies to consent provisions in first-party liability coverage and not third-party coverage. Remanded to the Ninth Circuit to determine type of policy involved.




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Williams v. Gaye

(United States Ninth Circuit) - Largely affirming the decision against Pharrell Williams and Robin Thicke in a suit brought by the estate of Marvin Gaye over copyright infringement in the song Blurred Lines, but reversing the district court's decision to overturn the jury's general verdict in favor of certain parties because the defendants had waived any challenge to the consistency of the jury's general verdicts.




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Experian Information Solutions v. Nationwide Marketing Ser.

(United States Ninth Circuit) - Affirmed in part and reversed in part the summary judgment in favor of defendant in a copyright case. Plaintiff compiled a listing of individual consumer names with their addresses and sought copyright protection. The District Court found in favor of the defendant and against the copyright claims. The 9th Circuit held that the compilation of names and addresses is copyrightable, but plaintiff had failed to establish that its copyright had been infringed. Affirmed as to the infringement claim for the defendant, but reversed as to the state law trade secret claim.




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Williams v. Gaye

(United States Ninth Circuit) - Affirmed a judgment of copyright infringement. In an amended opinion, the Ninth Circuit largely affirmed the decision after a jury trial that musician Pharrell Williams, Robin Thicke, and Clifford Harris Jr.'s song Blurred Lines, the world's best-selling single in 2013, infringed the copyright in a 1977 Marvin Gaye song, Got To Give It Up. The panel also held that the award of actual damages and infringers' profits and its running royalty were proper.




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BWP Media USA Inc. v. Polyvore, Inc.

(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.




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Media Rights Technologies, Inc. v. Microsoft Corp.

(United States Ninth Circuit) - Revived a tech company's copyright infringement claims against a competitor. Held that claim preclusion did not bar the company from asserting copyright infringement claims that had accrued after its earlier patent infringement suit against the competitor.




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Ergon-West Virginia, Inc. v. EPA

(United States Fourth Circuit) - Vacated the denial of an exemption from the U.S. Environmental Protection Agency's renewable fuel standard program. A small refinery sought an extension of its exemption from EPA's renewable fuel standard program, which requires refineries and other facilities to allocate a certain percentage of their fuel production to renewable fuels. When the EPA denied the request for an extension, the refinery petitioned the Fourth Circuit, which concluded that the EPA's decision was arbitrary and capricious. The panel therefore vacated the EPA's denial and remanded for further proceedings.




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Delaware Riverkeeper Network v. Pennsylvania Department of Environmental Protection

(United States Third Circuit) - Denied a petition for review of a Pennsylvania state regulators' decision to grant a Clean Water Act certification to a natural gas pipeline project. An environmental organization raised various procedural and substantive arguments against the environmental regulators' issuance of a water quality certification. On judicial review, the Third Circuit held that the environmentalists' challenge failed on the merits. Prior to reaching the merits, the panel discussed in detail questions regarding its jurisdiction under the Natural Gas Act.




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Halliburton Energy Services, Inc. v. Ironshore Specialty Insurance Co.

(United States Fifth Circuit) - In an insurance dispute following an explosion and fire on an oil rig in Ohio, addressed arbitrability and personal jurisdiction issues. Affirmed in part and reversed in part the decision below.




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Southern California Gas Leak Cases

(Supreme Court of California) - Held that businesses may not recover compensation for purely economic losses suffered from mere proximity to an industrial accident (a massive, months-long leak from a natural gas storage facility). Negligence law did not provide them a remedy for income lost because of the leak, in this case where they alleged no property damage or personal injury.



  • Oil and Gas Law
  • Injury & Tort Law

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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: Louisiana Fisy Fry Products, Ltd.

(United States Federal Circuit) - In a trademark appeal of the Trademark Trial and Appeal Board's decision affirming the refusal to register the mark LOUISIANA FISH FRY PRODUCTS BRING THE TASTE OF LOUISIANA HOME! without a disclaimer of FISH FRY PRODUCTS, the Board's decision is affirmed where substantial evidence supports its finding that FISH FRY PRODUCTS has acquired distinctiveness.




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Biondo v. Kaledia Health

(United States Second Circuit) - Vacated and remanded. Plaintiff, who is profoundly deaf, appeals from dismissal on summary judgment her claim that a hospital violated the Rehabilitation Act by failing to provide an ASL interpreter. The panel concluded that material issues of fact preclude summary judgment.




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American Bankers Association v. National Credit Union Administration

(United States DC Circuit) - Remanded. A final rule issued by the National Credit Union Administration intended to make it easier for community credit unions to expand their coverage that was opposed by bankers was largely affirmed, but remanded to consider a portion that might impact poor and minority urban residents.




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California Communities Against Toxics v. EPA

(United States DC Circuit) - Dismissed. The Wehrum Memo relating to air quality was not a final agency action, so the court lacked subject matter jurisdiction to hear complaints about its contents.




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Whole Woman's Health Alliance v. Curtis T. Hill, Jr.

(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.




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Rozumalski v. W.F. Baird & Associates, Ltd

(United States Seventh Circuit) - Affirmed. The district court dismissal of a workplace harassment suit was affirmed because after harassment was reported the company swiftly investigated and fired the harasser. No evidence was presented to support allegations of harassment in the victim's subsequent dismissal.




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Fidelity National Financial, Inc. v. Friedman

(United States Ninth Circuit) - Reversed and remanded. The district court’s order vacating a registered judgement is reversed, holding that a court need not have personal jurisdiction over a judgment debtor in order to “merely register” a previously obtained judgment.




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Branom v. Diamond

(California Court of Appeal) - Dismissed appeal. Plaintiff and Defendant agreed to an expedited jury trial process pursuant to Code of Civil Procedure section 630.01. As part of the expedited process, the parties agree to waive the right to appeal. Plaintiff sought to appeal the amount of the damages award, but by executing the consent to expedited jury trial she voluntarily waived her right to appeal.




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Williams v. Ortiz

(United States Seventh Circuit) - Affirmed. The district court's grant of summary judgment to defendant correctional employees in a suit brought by a prisoner was proper because the plaintiff failed to exhaust his administrative remedies and the defendant's didn't provide objectively unreasonable medical care.




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Planned Parenthood of Indiana v. Adams

(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.




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Common Cause Indiana v. Lawson

(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.