(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.

(United States Seventh Circuit) - In a suit arising out of alleged fraud by officers of a corporation acquired by defendant, a preliminary injunction preventing defendant from proceeding with an arbitration hearing on the fraud claims is affirmed where the merger agreement between the two companies did not mandate arbitration of the types of claims defendant asserted against plaintiffs.

(Supreme Court of Delaware) - In an objection to the Vice Chancellor's approval of a settlement among a majority of Countrywide stockholders, Countrywide directors, and Bank of America (BOA), related to Countrywide's merger with BOA, denial of the objection is affirmed where the Vice Chancellor did not abuse his discretion by holding that objector's derivative suit claims for breach of asserted duties were worthless and, therefore, added no conceivable value to the merger.

(United States Ninth Circuit) - Affirming a district court conclusion in a putative securities class action relating to a corporate merger that the Securities Exchange Act does not create a private right of action for shareholders confronted with a tender offer and dismissing the complaint as to one defendant, who was not a proper defendant, holding that the Exchange Act requires a showing of negligence rather than scienter for the claims brought, and remanding for the district court to reconsider the defense motion to dismiss under the negligence standard.

(California Court of Appeal) - Affirmed summary judgment in favor of two drug store chains in a dispute with a shopping mall over common area maintenance fees. The case raised questions about real property rights and reverse triangular mergers.

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The 'Rise Above - ON TOUR' Marketing Program Is An Innovative, Unique And Low Cost Opportunity To Place Your Local Performance In Front Of Committed Music Fans And Store Staff Across All Your Markets

Rising Country Artist, Stephanie Ryann, Has Released Her First Music Video For The Song "Whiskey Regret" Off Of Her Debut, Self-titled EP To Commemorate The Anniversary Of Its Release Last October

(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.

(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.

(United States Ninth Circuit) - Affirmed. An organization of wireless providers appealed the district court's denial of a preliminary injunction in their challenge of a Berkeley ordinance requiring cell phone retailers to warn potential buyers that carrying a phone could cause them to exceed FCC guidelines for exposure to radio-frequency radiation.

(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) - Affirming the decision of the Patent Trial and Appeal Board in an inter partes review proceeding of patents relating to boron-containing small molecules used to treat fungal infections, holding that all of the claims of a patent owned by a company were unpatentable for obviousness.

(United States First Circuit) - Affirmed the dismissal of two putative antitrust class actions alleging that a pharmaceutical company took steps to block the entry of generic versions of its leukemia-treatment drug into the U.S. market. The plaintiffs, including several labor union benefit funds, claimed that the drugmaker engaged in anticompetitive conduct by bringing sham infringement lawsuits against manufacturers trying to enter the market with generic versions of that drug. Dismissing the complaints, the district court held that the plaintiffs had not plausibly alleged their claims, and the First Circuit affirmed.

(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) - Upheld the constitutionality of an Indiana law making it a felony to acquire, receive, sell or transfer fetal tissue. Indiana University sought an injunction barring enforcement of the statute, which impacts medical research. Reversing the district court, the Seventh Circuit held that the statute is not unconstitutionally vague, and also rejected the university's other constitutional arguments.

Welke whiteboard-tools kun je online gebruiken, hoe kun je veilig videobellen via Zoom, en wat is de beste bedrijfsstrategie tijdens de coronacrisis? Dit – en meer – zijn de best gelezen artikelen op Frankwatching in de maand april. 1. Zoom & privacy: zo kun je veilig videobellen [how to] Zoom stond de afgelopen weken vol […]

Ben je ook zo benieuwd waarom het ene socialmedia-account moeizaam enkele likes bij elkaar schraapt? En het andere een levendige community is met veel bereik? Verschillende elementen dragen bij aan meer activiteit op je socialmedia-kanaal. Ik ontdekte: actief zijn in de avond kan een groot verschil maken. Dit is eigenlijk heel logisch. Juist ‘s avonds […]

Commissioner Chairman Dan Camp of Pennsylvania’s Beaver County on Friday slammed Gov. Tom Wolf (D) over his order excluding the county from moving into the next phase of reopening.

Amnesty advocates are working overtime to portray illegal migrants as heroic essential workers in the national campaign to contain China's coronavirus.

Friday, former Republican Party chairman Michael Steele said to "bet on" President Donald Trump would bring back former National Security Adviser Gen. Michael Flynn to his administration "in some form."

President Donald Trump's re-election campaign blasted California Gov. Gavin Newsom's (D-CA) executive order allowing registered voters in the state to vote by mail in the November election, calling it a "thinly-veiled political tactic" aimed at undermining election security. 

California Gov. Gavin Newsom (D) on Friday signed an executive order permitting all registered voters in the Golden State to vote by mail in the upcoming presidential election, citing health concerns stemming from the Chinese coronavirus epidemic.

The United Kingdom’s Office for Standards in Education, Children’s Services and Skills (Ofsted) argued before the High Court that Christian groups should not allow their religious beliefs to influence their professional activities.

An Italian nurse working on the frontline against the Chinese coronavirus was brutally sexually assaulted by an African migrant after finishing her shift and heading to her home.

"How did Michael Moore become a hero to climate deniers and the far right?" asks a disturbed and tearful George Monbiot in the Guardian. Simple: by speaking the truth, for a change.

Pressure is increasing on Gov. Tom Wolf (D) to reopen Pennsylvania, even among Democrats, as it is revealed that the vast majority of recent coronavirus deaths in the state occurred at nursing homes or personal care facilities, the Morning Call revealed this week.

Robot dogs named "Spot" have reportedly been dispatched to parks in Singapore to remind citizens of safe social distancing measures. 

Data released from the California Departments of Health and Social Services on Friday show that nursing home deaths represent almost half of the coronavirus fatalities in the state.

Virginia Gov. Ralph Northam (D) detailed guidelines on Friday for the state to begin reopening next week under strict restrictions.

Physician and Rep. Gregory Murphy said on SiriusXM’s Breitbart News Daily that “draconian” lockdowns are no longer needed in many places.

(United States Fourth Circuit) - In a complaint challenging Upstream surveillance, an electronic surveillance program operated by the National Security Agency pursuant to the Foreign Intelligence Surveillance Act (FISA), 50 U.S.C. section 1801 et seq., the district court's dismissal of the complaint on grounds that the allegations in the complaint were too speculative to establish Article III standing, under Clapper v. Amnesty International USA, 133 S. Ct. 1138 (2013), is: 1) vacated as to Wikimedia-plaintiff where Clapper's analysis of speculative injury does not control this case, since the central allegations here are not speculative, and plaintiff's allegations are sufficient to survive a facial challenge to standing; and 2) affirmed as to the other plaintiffs because the complaint does not contain enough well-pleaded facts entitled to the presumption of truth to establish their standing.

(California Court of Appeal) - Reversing a trial court judgment granting writ of mandate and the award of attorney's fees in the case of a real estate salesperson who sued a state agency for publicizing her three misdemeanor convictions because they had no mandatory duty to remove from their website information about a licensee's convictions even if they were eventually dismissed.

(United States Federal Circuit) - In a patent action relating to a series of patents concerning a system for streaming audio/visual data over a communications system like the internet, the district court's judgment that the asserted patents are ineligible subject matter under 25 U.S.C. section 101 is affirmed where the claims are directed at abstract ideas and contain no additional elements transforming them into patent-eligible applications.

(United States First Circuit) - Affirming summary judgment for the defendant website in a suit claiming it misled users who paid thousands of dollars to reserve a vacation rental property in Belize that apparently didn't exist because they determined that the use of the word guarantee is not a warranty or representation and there was no implication that the website investigated its listings.

(United States First Circuit) - Reversed and remanded in a case involving the enforcement of arbitration clauses in online contracts. Plaintiffs filed suit against defendant alleging violations of Massachusetts consumer-protection statute. Defendant operates a ride-sharing service requiring customers to register using the Uber App. In the app is a page that has a button that will take you to Terms and Conditions, which a user is not required to accept and which contains an agreement to arbitrate any dispute. The district court granted defendant's motion to compel arbitration and dismissed the complaint. In reversing and remanding the First Circuit held that the terms of the agreement were not reasonably communicated to plaintiffs.

(United States Ninth Circuit) - Affirmed that a federally recognized Indian tribe was prohibited from operating an internet bingo casino. The State of California and the United States brought this lawsuit contending that the tribe's online bingo game violated the federal Unlawful Internet Gambling Enforcement Act. Agreeing with the governmental plaintiffs, the Ninth Circuit affirmed summary judgment against the tribe, holding that while the Indian Gaming Regulatory Act protects gaming activity conducted on Indian lands, it did not permit the tribe's internet bingo game that reached patrons located off Indian lands.

(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.

NOËP Releases Debut EP ‘Heads In The Clouds’, On His Own Label Noep Music OÜ, Alongside Its Vinyl Pre-sale

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(California Court of Appeal) - Reversed the denial of class certification in a case involving tax refund claims filed by limited liability companies (LLCs) which sought refunds of a levy they had paid pursuant to a California tax statute that was later determined to be unconstitutional. When the district court denied the LLCs' motion for class certification on multiple grounds including predominance and superiority, they appealed. Agreeing with the LLCs that this case was suitable for treatment on a classwide basis, the First Appellate District reversed and remanded for certification of a class or classes consistent with its opinion.

(California Court of Appeal) - Reversed decertification of a class of retired University of California employees who claimed they were denied promised health insurance benefits. The retirees, who had worked at Lawrence Livermore National Laboratory, appealed the trial court's ruling that decertified the class for lack of commonality. On appeal, the First Appellate District held that the trial court's decertification ruling had relied on erroneous legal standards.

(United States Ninth Circuit) - Affirmed the dismissal, on res judicata grounds, of a proposed wage-and-hour class action. While the plaintiff conceded that she was subject to a state class-action settlement that released all claims arising from the same set of allegations upon which her Fair Labor Standards Act lawsuit was based, she nonetheless contended that her FLSA action should be allowed to proceed. Agreeing with the trial court, the Ninth Circuit held that res judicata applied.

(United States Second Circuit) - Rejected an objecting class member's challenge to the amount of attorney fees awarded to a law firm that represented the class in a shareholder lawsuit. Raising what the court described as a novel issue, the objector contended that the lodestar fee must be unenhanced because the action was initiated under a statute with a fee‐shifting provision.

(United States Ninth Circuit) - In an en-banc decision, affirmed the approval of a class action settlement in a multidistrict litigation brought against two automobile manufacturers, which had been accused of making misrepresentations about their vehicles' fuel economy. Also upheld attorney fee awards, rejecting objectors' challenges.

(United States Second Circuit) - Questions on appeal concern cross-jurisdictional tolling of a class action. Because the appeal presents state law questions that New York’s courts have yet to address, the court certifies the case to the New York Court of Appeals.

Diskery Launches First World Advertising Campaign!

Southwest Hard Rock & Metal Group Releases New Single In Anticipation Of Upcoming Album.

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