ni Stopthemillenniumhollywood.com v. City of Los Angeles By feeds.findlaw.com Published On :: 2019-08-22T08:00:00+00:00 (California Court of Appeal) - Affirmed. Plaintiff challenged a trial court ruling that a proposed development failed to comply with the California Environmental Quality Act. The appeals court found that the trial court did not err in concluding that that the project failed to comply with the CEQA requirement of an accurate, stable, and finite project description. Full Article Environmental Law Civil Procedure
ni Douglas Jordan--Benel v. Universal City Studios, Inc. By feeds.findlaw.com Published On :: 2017-06-20T08:00:00+00:00 (United States Ninth Circuit) - In the appeal of a breach of contract and copyright infringement case involving the movie 'The Purge,' the district court's denial of defendant's anti-SLAPP motion to strike a state law claim for breach of implied-in-fact contract, is affirmed where the breach of contract claim did not arise from an act in furtherance of the right of free speech since the claim was based on defendants' failure to pay for the plaintiff's idea, not the creation, production, distribution, or content of the films. Full Article Copyright Constitutional Law Media Law Entertainment Law Contracts
ni Oracle USA, Inc. v. Rimini Street, Inc. By feeds.findlaw.com Published On :: 2018-01-08T08:00:00+00:00 (United States Ninth Circuit) - Partially affirming, partially reversing, and vacating the district court's judgment after jury trial in favor of Oracle on its copyright claims against a provider of third party support, affirming judgments of infringement, but reversing judgment as to California and Nevada statutes that weren't violated by use of automated tools, reducing damages accordingly, and vacating the permanent injunction and reversing the award of attorney's fees. Full Article Intellectual Property Copyright
ni Rentmeester v. Nike, Inc. By feeds.findlaw.com Published On :: 2018-02-27T08:00:00+00:00 (United States Ninth Circuit) - Affirming the dismissal of a copyright infringement action brought by a photographer against Nike who commissioned its own photograph, similar to the photographer's, for use in the creation of the Jumpman logo because although the photo could sustain copyright the pose in the picture could not and the logo was not substantially similar to the photo. Full Article Intellectual Property Copyright
ni Tanksley v. Daniels By feeds.findlaw.com Published On :: 2018-08-28T08:00:00+00:00 (United States Third Circuit) - Affirmed the dismissal of a TV producer's complaint alleging that the popular Fox Television series Empire infringed his copyright in a television pilot he had created a decade earlier. Moving to dismiss, the defendants contended that there was no substantial similarity between the two television shows. Agreeing, the Third Circuit affirmed the dismissal of the complaint. Full Article Entertainment Law Intellectual Property Copyright
ni Rimini Street, Inc. v. Oracle USA, Inc. By feeds.findlaw.com Published On :: 2019-03-04T08:00:00+00:00 (United States Supreme Court) - Held that the Copyright Act authorizes federal district courts to award a prevailing party only the six categories of costs specified in the general costs statute. A software manufacturer that obtained an infringement judgment against another company argued that the Act's reference to "full costs" meant that a court could award it costs beyond the six categories. The U.S. Supreme Court unanimously rejected this argument for additional costs in an opinion delivered by Justice Kavanaugh. Full Article Attorney's Fees Intellectual Property Copyright
ni Universal Instruments Corp. v. Micro Systems Engineering, Inc. By feeds.findlaw.com Published On :: 2019-05-08T08:00:00+00:00 (United States Second Circuit) - Held that a medical device manufacturer did not violate the intellectual property rights of a company it hired to help automate its quality testing process. The issue involved reuse of computer source code. Affirmed a JMOL. Full Article Trade Secrets Copyright Contracts
ni Ennio Morricone Music v. Bixio Music Group By feeds.findlaw.com Published On :: 2019-08-21T08:00:00+00:00 (United States Second Circuit) - Reversed. Concluding the musical works at issue were not works made for hire, the panel reverses the district court’s grant of summary judgement in favor of the defendant. Full Article Copyright
ni Ergon-West Virginia, Inc. v. EPA By feeds.findlaw.com Published On :: 2018-07-20T08:00:00+00:00 (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. Full Article Environmental Law Oil and Gas Law
ni Delaware Riverkeeper Network v. Pennsylvania Department of Environmental Protection By feeds.findlaw.com Published On :: 2018-09-04T08:00:00+00:00 (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. Full Article Water Law Environmental Law Oil and Gas Law
ni Rocky Mountain Farmers Union v. Corey By feeds.findlaw.com Published On :: 2019-01-18T08:00:00+00:00 (United States Ninth Circuit) - Affirmed the dismissal of an industry challenge to California's Low Carbon Fuel Standard. A number of industry trade groups argued that the California regulations designed to reduce the rate of greenhouse gas emissions violate the Commerce Clause or other parts of the federal constitution. However, the Ninth Circuit was not persuaded. Full Article Environmental Law Oil and Gas Law Constitutional Law
ni Eni US Operating Co., Inc. v. Transocean Offshore Deepwater Drilling, Inc By feeds.findlaw.com Published On :: 2019-03-28T08:00:00+00:00 (United States Fifth Circuit) - In a contractual dispute between two companies in the oil-drilling business, vacated a bench trial judgment, in part. The contract related to exploratory drilling for offshore oil. Full Article Oil and Gas Law Contracts
ni Southern California Gas Leak Cases By feeds.findlaw.com Published On :: 2019-05-30T08:00:00+00:00 (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. Full Article Oil and Gas Law Injury & Tort Law
ni Center for Biological Diversity v. California Department of Conservation By feeds.findlaw.com Published On :: 2019-06-14T08:00:00+00:00 (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. Full Article Environmental Law Oil and Gas Law Water Law
ni Hawkins v. Community Bank of Raymore By feeds.findlaw.com Published On :: 2016-03-22T08:00:00+00:00 (United States Supreme Court) - In a case involving personal guaranties to secure real estate development loans, the judgment of the Eighth Circuit in favor of the lender is affirmed by an equally divided court. Full Article Property Law & Real Estate Constitutional Law Banking Law
ni Animal Legal Def. Fund v. FDA By feeds.findlaw.com Published On :: 2016-04-11T08:00:00+00:00 (United States Ninth Circuit) - In a Freedom of Information Act (FOIA) case, challenging the FDA's decision to redact certain commercially-sensitive information concerning egg-production farms in Texas, the district court's grant of summary judgment to defendant is affirmed where the FDA properly withheld information under FOIA exemption 4 that was likely to cause substantial competitive harm. Full Article Drugs & Biotech Government Law
ni HUD v. Castillo Condominium By feeds.findlaw.com Published On :: 2016-05-02T08:00:00+00:00 (United States First Circuit) - In a case that involves a man, his emotional support dog, and a condominium association's 'no pets' rule, alleging disability discrimination under the Fair Housing Act, 42 U.S.C. sections 3601-3619, the condominium association's petition for judicial review of a final order of the Secretary of the United States Department of Housing and Urban Development is denied and the Secretary's cross-petition for enforcement of his order is granted where substantial evidence supports the Secretary's finding that the Association's refusal to allow the former condo owner to keep an emotional support dog in his condominium unit as a reasonable accommodation for his disability was unlawful. Full Article Property Law & Real Estate Civil Rights Administrative Law
ni In re: Nickelodeon Cons. Privacy Litig. By feeds.findlaw.com Published On :: 2016-06-27T08:00:00+00:00 (United States Third Circuit) - In a consolidated multi-district class action against Google and Viacom raising concerns over online privacy, the district court's dismissal of most of plaintiffs' claims are affirmed in part and reversed in part. The court held that: 1) The Video Privacy Protection Act permits plaintiffs to sue a person who discloses, not who receives, information related to viewers' consumption of video-related services; 2) plaintiffs have adequately alleged a claim for intrusion upon seclusion against Viacom; and 3) the Children's Online Privacy Protection Act of 1998 does not preempt plaintiffs' state-law privacy claim. Full Article Cyberspace Law Consumer Protection Law Class Actions Communications Law Entertainment Law
ni S&H Packing and Sasles Co., Inc. v. Tanimura Distributing, Inc. By feeds.findlaw.com Published On :: 2017-02-27T08:00:00+00:00 (United States Ninth Circuit) - In an action brought by produce growers under the Perishable Agricultural Commodities Act (PACA), brought by growers who sold their perishable agricultural products on credit to a distributor, thereby making the distributor a trustee over a PACA trust holding the perishable products and any resulting proceeds for the growers as PACA-trust beneficiaries, the district court's summary judgment in favor of the defendant is affirmed where pursuant to Boulder Fruit Express & Heger Organic Farm Sales v. Transp. Factoring, Inc., 251 F.3d 128 (9th Cir.2001), a commercially reasonable factoring agreement removes accounts receivable from the PACA trust without a trustee's breach of trust, thus defeating the growers' claims. Full Article Agriculture
ni Union of Medical Marijuana Patients v. City of San Diego By feeds.findlaw.com Published On :: 2019-08-19T08:00:00+00:00 (Supreme Court of California) - Reversed. The City of San Diego authorized medical marijuana dispensaries. It decided that the dispensaries did not constitute a project for the purposes of the California Environmental Quality Act, so an environmental review was not necessary. Plaintiff challenged the failure to conduct an environmental review. The appeals court agreed with the City’s assessment. The Supreme court ruled that an improper test was applied under Public Resources Code section 21065 to determine whether a review was necessary or not. The case was remanded for further proceedings. Full Article Environmental Law Civil Procedure
ni Municipal Employees' Retirement System of MI v. Pier 1 Imports By feeds.findlaw.com Published On :: 2019-08-19T08:00:00+00:00 (United States Fifth Circuit) - Affirmed. Investors who alleged that Pier 1 Imports was a trend-based fashion retailer with inventory that carried a significant markdown risk they failed to disclose were unable to adequately plead scienter. Full Article Securities Law Civil Procedure
ni American Bankers Association v. National Credit Union Administration By feeds.findlaw.com Published On :: 2019-08-20T08:00:00+00:00 (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. Full Article Administrative Law Civil Procedure Banking Law
ni California Communities Against Toxics v. EPA By feeds.findlaw.com Published On :: 2019-08-20T08:00:00+00:00 (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. Full Article Civil Procedure Administrative Law
ni Stopthemillenniumhollywood.com v. City of Los Angeles By feeds.findlaw.com Published On :: 2019-08-22T08:00:00+00:00 (California Court of Appeal) - Affirmed. Plaintiff challenged a trial court ruling that a proposed development failed to comply with the California Environmental Quality Act. The appeals court found that the trial court did not err in concluding that that the project failed to comply with the CEQA requirement of an accurate, stable, and finite project description. Full Article Environmental Law Civil Procedure
ni Green v. Junious By feeds.findlaw.com Published On :: 2019-08-28T08:00:00+00:00 (United States Seventh Circuit) - Affirmed. A state court gun possession finding was conclusive as to that factual point in a subsequent federal suit seeking damages for constitutional violations. Full Article Civil Procedure Constitutional Law
ni Klocke v. University of TX at Arlington By feeds.findlaw.com Published On :: 2019-08-29T08:00:00+00:00 (United States Fifth Circuit) - Reversed and remanded. The Texas Citizens Participation Act does not apply to diversity cases in federal court. Full Article Civil Procedure Injury & Tort Law
ni Daley v. Regents of the Univ. of Cal. By feeds.findlaw.com Published On :: 2019-08-30T08:00:00+00:00 (California Court of Appeal) - Reversed. Plaintiff appealed from judgment that dismissed her medical battery cause of action as time-barred. The appeals court held that the discovery rule applies to medical battery claims under Code of Civil Procedure section 335.1 as a matter of law. Full Article Professional Malpractice Health Law Civil Procedure
ni In re: Omnicom Group, Inc. Secs. Litig. By feeds.findlaw.com Published On :: 2010-03-09T08:00:00+00:00 (United States Second Circuit) - In a securities class action alleging that defendants fraudulently accounted for a transaction, summary judgment for defendants is affirmed where: 1) plaintiffs failed to prove loss causation because their expert's testimony did not suffice to draw the requisite causal connection between the information in the article at issue and the fraud alleged in the complaint; and 2) the generalized investor reaction of concern causing a temporary share price decline was far too tenuously connected -- indeed, by a metaphoric thread -- to the transaction to support liability. Full Article Civil Procedure Corporation & Enterprise Law Evidence M&A Securities Law
ni Equitable Res., Inc. v. United Steel, Paper & Forestry, Rubber, Mfg., etc. By feeds.findlaw.com Published On :: 2010-09-16T08:00:00+00:00 (United States Sixth Circuit) - In a company's suit under section 301 of the Labor Management Relations Act (LMRA) to vacate or modify the arbitration award against it, district court's grant of summary judgment in favor of the union is affirmed where: 1) the arbitrator did not exceed his authority by interpreting the CBA in a way that allowed the company to be found liable for a breach; 2) the arbitrator did not exceed the scope of his authority to decide a representational issue in this case because the arbitrator's successor decision was permissible in furtherance of his interpretation of the CBA; 3) the award's remedy does not violate public policy; and 4) the arbitrator did not dispense his own brand of industrial justice. Full Article Contracts Corporation & Enterprise Law Government Law Labor & Employment Law M&A
ni IDX Capital, LLC v. Phoenix Partners Group LLC By feeds.findlaw.com Published On :: 2012-05-31T08:00:00+00:00 (Court of Appeals of New York) - In a suit for tortious interference with prospective business relations and aiding and abetting breach of fiduciary duty, arising from the defendants' alleged participation in derailing the plaintiff company's acquisition by a third party, the Appellate Division's dismissal of the complaint is affirmed by memorandum, where the plaintiffs failed to produce evidentiary proof as to whether: 1) individual defendants participated in a co-defendant's admitted campaign to interfere with the proposed acquisition; 2) defendant entities should be held vicariously liable for the interference; or 3) an individual plaintiff was entitled to injunctive relief. Full Article Injury & Tort Law M&A
ni VRG Linhas Aereas S.A. v. MatlinPatterson Global Opportunities Partners II By feeds.findlaw.com Published On :: 2013-06-03T08:00:00+00:00 (United States Second Circuit) - The district court's judgment denying the petition to confirm a Brazilian arbitral award is vacated and remanded, where the district court decided that the parties' dispute was beyond the scope of their arbitration agreement, without first determining whether the parties had agreed to an arbitration clause that clearly and unmistakably assigned to an arbitral panel, rather than to the court, any questions about the scope of their arbitration agreement. Full Article Commercial Law Contracts Dispute Resolution & Arbitration International Law M&A
ni North Valley Mall LLC v. Longs Drug Stores California LLC By feeds.findlaw.com Published On :: 2018-09-25T08:00:00+00:00 (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. Full Article M&A Property Law & Real Estate
ni Latido Music Announces Advisory Board - Notable Execs From Univision, Warner Bros., Cinedigm By feedproxy.google.com Published On :: Latido Music, The Premiere 24-hour Digital Television Network Dedicated To Latin Music, Has Announced The Formation Of Its Advisory Board Full Article
ni Emotional Debris Release New Singles 'Hey Roman' & 'California Song' By feedproxy.google.com Published On :: Inspired By The Events Of Los Angeles Summer 1969 Emotional Debris Introduces 2 Catchy Rock Records In Line With Quentin Tarantino's New Epic 'Once Upon A Time In Hollywood' Full Article
ni PaTRAM Institute To Record Next CD In Saratov, Russia, Accompanied By The Wonderworking Kursk Root Icon Of The Mother Of God By feedproxy.google.com Published On :: Fresh Off Their GRAMMY Nomination For Their CD, Teach Me Thy Statutes,the PaTRAM Institute Will Record Their Next CD In Saratov, Russia This August. Full Article
ni ProgStock Festival, The American Northeast's Only Progressive Rock Music Festival, Returns To The Union County Performing Arts Center, Rahway, NJ, October 11-13, 2019 By feedproxy.google.com Published On :: ProgStock Festival Was Founded To Give Artists And Fans In The Genre Of Progressive Rock A Place To Play Full Article
ni Between Vintage And Electronic: Speakeasy, The New Album By Luke & The Belleville Orchestra By feedproxy.google.com Published On :: Lemon Slice Records Has Released Speakeasy, The New Album By Luke & The Belleville, A Masterly Integration Between The Swing Of The 1930s And The Most Modern Rhythms And Sounds Of Electronic Music. Full Article
ni Stephanie Ryann Releases Her Official Music Video For "Whiskey Regret" By feedproxy.google.com Published On :: 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 Full Article
ni Virginia Uranium, Inc. v. Warren By feeds.findlaw.com Published On :: 2019-06-17T08:00:00+00:00 (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. Full Article Government Law Environmental Law
ni Electronic Privacy Information Center v. US Dept. of Commerce and Bureau of the Census By feeds.findlaw.com Published On :: 2019-06-28T08:00:00+00:00 (United States DC Circuit) - Remanded for dismissal. The Electronic Privacy Information Center sued following a US Department of Commerce announcement that citizenship would be among the questions included in the 2020 census. EPIC sought to enjoin the question because they claim their members were entitled to a Privacy Impact Assessment. However, EPIC lacked standing to proceed with the suit. Full Article Government Law Civil Procedure
ni Califonia Communities Against Toxics v. Environmental Protection Agency By feeds.findlaw.com Published On :: 2019-07-02T08:00:00+00:00 (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. Full Article Government Law Environmental Law
ni Sacramentans for Fair Planning v. City of Sacramento By feeds.findlaw.com Published On :: 2019-07-18T08:00:00+00:00 (California Court of Appeal) - Affirmed. Plaintiff, a citizen group, sued Defendant, a city, claiming the city violated zoning law and the California Environmental Quality Act (CEQA) by approving a certain development. The trial court found the development consistent with CEQA and denied Plaintiff’s writ of mandate petition. Full Article Government Law Environmental Law
ni 1041 20th Street, LLC v. Santa Monica Rent Control Board By feeds.findlaw.com Published On :: 2019-07-30T08:00:00+00:00 (California Court of Appeal) - Reversed. Plaintiff, a rental property owner, filed suit against Defendant, a rent control board, to prevent certain properties from being subject to rent control. The trial court agreed with Plaintiff, but the appeals court held that the rent board did not have the authority to exempt rental units from rent control under the Santa Monica City Charter. Full Article Government Law Landlord Tenant Law
ni Wynnewod Refining Co. LLC v. OSHC By feeds.findlaw.com Published On :: 2019-08-08T08:00:00+00:00 (United States Fifth Circuit) - Granted. The motion to transfer a lawsuit involving the Occupational Safety and Health Review Commission to the Tenth Circuit was granted because appeals of some agency rulings must be filed in only one court of appeals, typically the DC Circuit. Full Article Administrative Law Government Law Civil Procedure
ni League of United Latin American Citizens v. Edwards Aquifer Authority By feeds.findlaw.com Published On :: 2019-08-28T08:00:00+00:00 (United States Fifth Circuit) - Affirmed. A conservation and reclamation district regulating groundwater was not subject to the one person, one vote principle of the Equal Protection Clause because they are a special purpose unit of the government. Its apportionment scheme had a rational basis. Full Article Government Law Constitutional Law
ni HOLMESWOOD RELEASES SUPERSONIC COVER OF THE BEE GEES YOU SHOULD BE DANCING By feedproxy.google.com Published On :: Holmeswood Transports The Carefree Euphoria Of The Saturday Night Fever Disco Era Into The Future Fueled With Electro-techno-dubstep Vibes Up To Planet Holmeswood Full Article
ni Precious Time By Sakis Gouzonis By feedproxy.google.com Published On :: Sakis Gouzonis, One Of The Most Famous Greek Electronic Music Composers, Has Just Released His 12th Studio Album, Precious Time. Full Article
ni JES Release New Crossover Track "We Belong To The Night" By feedproxy.google.com Published On :: JES, The Voice That Melts The Heart Of The Dance Floor Steps Into Fall With A New Song "We Belong To The Night" And A Brand New Vibe! Full Article
ni Zenhiser Releases "Galvanize - Drum & Bass" Sample Pack By feedproxy.google.com Published On :: A Straight Talking Drum & Bass Sample Pack That Pushes The Envelope In DnB Tools Full Article
ni US v. Millennium Pharmaceuticals By feeds.findlaw.com Published On :: 2018-03-15T08:00:00+00:00 (United States Ninth Circuit) - Partly affirming, partly vacating, and remanding the district court dismissal of a False Claims Act action brought against three pharmaceutical companies in a case involving off-label drug use and kickbacks to doctors because claims were substantially similar to those that had already been publicly disclosed, vacating to determine whether the situation qualified for the original source exception. Full Article Drugs & Biotech Criminal Law & Procedure