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US v. Young

(United States Seventh Circuit) - Affirmed the prison sentence of a defendant who pleaded guilty to wire fraud for defrauding the Veterans Administration regarding the extent of his service‐related injuries.




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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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Johnson v. Housing Authority of City of Oakland

(California Court of Appeal) - Reversed. Defendant, housing authority, terminated Plaintiff’s federally funded subsidized housing program. The trial court ordered Defendant to vacate its order. The appeals court found that there was nothing in the Defendant’s hearing of termination that indicated an abuse of discretion and reversed the trial court’s ruling.




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Paypal Phishing Scam - Attention! Your PayPal Account Could Be Suspended!

Phishing scammers need a little help scamming you!




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Filestube Malware Spam - You have been sent a file (Filename: Cppgenius_N85.pdf)

You have been sent a MALICIOUS file!




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Banking Phishing Scam - ABSA Global business customers certificate update

Malware phishing scammers targeting ABSA customers with the ZBot Trojan.




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Parcel Delivery Malware Spam - Royal Mail Shipment Status No 00087904

Royal Mail Shipment scam with a ZBot Trojan attached to it.




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Super Loan Spam - C_PLUS_PLUS_GENIUS, You are PRE-SELECTED for a Super Loan up to R150,000! - Super-Loan.co.za

Super-Loan.co.za are super spammers and when you go to their website you will find that it is super useless, i.e. it only shows the Microsoft IIS7 status page. Super professional.




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Lottery Scam - WESTERN UNION CUSTOMER REWARD PROMOTION

A SCREAMING 419 scammer. Maybe he is frustrated because nobody believes in the $700,000 prize money.




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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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General Malware Spam - Homicide Suspect

From payroll to fax to a homicide suspect. Where do these spammers get their inspiration from?




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Sustainability, Parks, Recycling and Wildlife Defense Fund v. Department of Resources Recycling and Recovery

(California Court of Appeal) - Rejected an environmental group's challenge to the issuance of a revised permit for a landfill. Affirmed the denial of writ relief.




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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.




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Sierra Club, Inc. v. US Fish and Wildlife Service

(United States Ninth Circuit) - In an amended opinion in a Freedom of Information Act case, held that the Sierra Club was entitled to certain records generated during the Environmental Protection Agency's rule-making process concerning cooling water intake structures. However, other records were protected from public release by the deliberative process privilege. Reversed in part and remanded.




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Refined Metals Corp. v. NL Industries, Inc.

(United States Seventh Circuit) - Affirmed. A lawsuit relating to who should pay for the cleanup of a contaminated site was dismissed because the limitations period had expired by the time the plaintiff filed suit.




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Oracle USA, Inc. v. Rimini Street, Inc.

(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.




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BMG Rights Management LLC v. Round Hill Music LP

(United States Fourth Circuit) - Affirming in part, reversing in part, and remanding a case alleging copyright infringement seeking to hold a high-speed internet provider contributorily responsible for infringement of a music publisher's copyrights, affirming the trial court's determination that the defense was not entitled to a safe harbor defense, but reversing, vacating, and remanding on account of errors in jury instructions.




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Glacier Films (USA), Inc. v. Turchin

(United States Ninth Circuit) - Reversed the denial of attorney's fees in a copyright infringement case. A man agreed to pay $750 in statutory damages to a film production company for illegally downloading a movie using a peer-to-peer network and distributing it 80 times, and the parties agreed that the court would decide whether to award attorney's fees. When the court denied fees, the production company appealed. Agreeing with the company, the Ninth Circuit held that the district court failed to correctly apply certain factors in deciding whether to award attorney fees.




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Rimini Street, Inc. v. Oracle USA, Inc.

(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.




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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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Ennio Morricone Music v. Bixio Music Group

(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.




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More Ozzy TV- Arctic Monkeys 'Four Out Of Five' Video, Muse Concert Film Preview, Cliff Burton Documentary, Sevendust, Free Volbeat Show and more

More Ozzy TV- Arctic Monkeys 'Four Out Of Five' Video, Muse Concert Film Preview, Cliff Burton Documentary, Sevendust, Free Volbeat Show and more




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Shell Oil Co. v. US

(United States Federal Circuit) - Affirmed that the U.S. government had breached certain World War II-era contracts with several oil companies. In this long-running litigation, the oil companies claimed that the federal government, which had sued them for hazardous waste cleanup, was partly liable for the cleanup costs due to language in their 1940s government contracts to produce aviation fuel for the war effort. The Court of Federal Claims agreed with the oil companies and awarded them nearly $100 million in contract damages, collectively. The federal government appealed, but the Federal Circuit affirmed.




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US v. Nature's Way Marine LLC

(United States Fifth Circuit) - Held that the owner of a tugboat was also considered to be operating an oil barge that the tugboat was moving at the time the barge collided with a bridge, resulting in an oil spill in the Mississippi River. Affirmed partial summary judgment for the federal government in its lawsuit seeking to recover cleanup costs under the Oil Pollution Act.




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US v. Bostock

(United States Seventh Circuit) - Affirmed the sentence of a defendant who pleaded guilty to distributing methamphetamine.



  • Injury & Tort Law
  • Oil and Gas Law
  • Water Law

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Clearlake Shipping PTE Ltd. v. NuStar Energy Services, Inc.

(United States Second Circuit) - Held that a bunker (marine fuel) supplier was not entitled to maritime liens against two chartered vessels to which it had physically provided marine fuel for which it was not paid. Affirmed the district court, in a case raising the question whether subcontractors were entitled to maritime liens.




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SEC v. Arcturus Corp.

(United States Fifth Circuit) - Held that it could not be decided on summary judgment whether interests in several oil and gas drilling projects qualified as securities, as the Securities and Exchange Commission insisted they were. The SEC brought this civil enforcement action against several companies that sold the interests to investors without first registering them as securities. Reversed a summary judgment ruling and remanded.




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Curtis v. Irwin Industries, Inc.

(United States Ninth Circuit) - Held that a worker on an offshore oil platform could not proceed with his California law claim that he was denied overtime pay. The claim was preempted under section 301 of the Labor Management Relations Act. Affirmed the dismissal, in relevant part, of his proposed class action.



  • Oil and Gas Law
  • Labor & Employment Law

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Farmers and Merchants Trust Co. v. Vanetik

(California Court of Appeal) - Upheld a jury's finding that an investor was defrauded by an oil exploration company, which used his investment only to pay off preexisting debts. Affirmed the judgment, in relevant part.




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Eni US Operating Co., Inc. v. Transocean Offshore Deepwater Drilling, Inc

(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.




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SEC v. Arcturus Corporation, et al

(United States Fifth Circuit) - Plaintiff, SEC, filed suit against Defendant for failure to register interests in oil and gas drilling projects as securities. District court granted SEC motion for summary judgement. Appeals court revered and remanded because Defendant had raised several issues of material fact that the district court failed to consider.




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Alamo Recycling v. Anheuser Busch Inbev Worldwide

(California Court of Appeal) - In a suit brought by operators of recycling centers where beverage containers sold in California may be redeemed for their California Redemption Value, against companies that sell or distribute beverages containers in California, contending that defendants knowingly and "falsely" label beverage containers sold both inside and outside California with "CA CRV," "California Redemption Value," or similar labels when, in fact, under California law, only containers purchased inside California may be redeemed in California, and alleging common law tort claims against defendants for fraud, negligent misrepresentation, strict products liability, interference with prospective economic advantage and business relations, and breach of express warranty, the trial court's judgment of dismissal is affirmed where the injunctive and compensatory relief plaintiffs seek cannot be awarded by a California court because it would violate the "dormant" commerce clause of the federal Constitution.




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DiMare Fresh, Inc. v. US

(United States Federal Circuit) - In a suit arising out of press releases issued by the Food and Drug Administration which warned consumers of a possible link between plaintiffs' tomatoes and an outbreak of salmonella, the Claims Court's dismissal of the amended complaint is affirmed where the press releases did not effect a regulatory taking.




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People v. Bush

(California Court of Appeal) - In an appeal of denial of Proposition 47 petition for resentencing of felony convictions for theft from an elder and receiving stolen property, Pen. Code sections 368(d), 496(a), the denial of the petition is reversed and remanded solely as to counts 12, 14, and 15, where: 1) the court did not state its reasoning for concluding the crimes alleged in those counts were not eligible for resentencing; and 2) the record does not support the trial court's ineligibility finding.




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US v. Dunfee

(United States First Circuit) - Sentence and conviction by guilty plea to coercion and enticement of a minor, and the sexual exploitation of a child, are affirmed over defendant's challenges where: 1) the District Court properly denied defendant's motion to withdraw his plea; and 2) the sentence is neither procedurally nor substantively unreasonable.




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US v. Fitzpatrick

(United States First Circuit) - In a consolidated criminal appeal, one defendant's sentence and both defendants' convictions of conspiring to defraud the U.S. and its agency, HUD, in violation of 18 U.S.C. section 371, are affirmed over defendants' meritless claims of error regarding: 1) void for vagueness; 2) insufficient evidence; 3) jury pool contamination; 4) credibility bolstering; 5) prejudicial cross examination; 6) mens rea; 7) supplemental instruction; and 8) improper sentencing.



  • White Collar Crime
  • Sentencing
  • Criminal Law & Procedure

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US v. Cortes-Medina

(United States First Circuit) - Sentence for conviction of conspiracy to possess with intent to distribute controlled substances within 1,000 feet of a protected location, 21 U.S.C. sections 841(a)(1), 846 and 860, is affirmed over defendant's claims that the sentence is both procedurally flawed and substantively unreasonable where, in the absence of exceptional circumstances, such as the applicability of a statutory mandatory minimum sentence, the starting point for a court's sentencing determination is the guideline range, not the parties' recommendations.




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US v. Lindsey

(United States Ninth Circuit) - Conviction for wire fraud and aggravated theft in connection with a mortgage fraud scheme is affirmed where: 1) lender negligence, or intentional disregard, in verifying loan application information is not a defense to fraud; and 2) evidence of negligence or intentional disregard is inadmissible as a defense against mortgage fraud charges.



  • Property Law & Real Estate
  • White Collar Crime
  • Evidence
  • Sentencing
  • Criminal Law & Procedure

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Flock v. US Dep't of Transp.

(United States First Circuit) - In a suit brought a group of drivers who allege that disseminating certain information contained in the Federal Motor Carrier Safety Administration (FMCSA) database of inspection history and safety records pertaining to commercial motor vehicle operators, exceeds the agency's statutory mandate under 49 U.S.C. section 31150, which governs the agency's disclosure obligations, the district court's grant of the FMCSA's motion to dismiss is affirmed where: 1) section 31150 was ambiguous as to the agency's authority to include non-serious driver related safety violations in the database; and 2) the agency's interpretation of the statute was entitled to deference and ultimately permissible under Chevron, U.S.A., Inc. v. Nat. Res. Def. Council, Inc., 467 U.S. 837 (1984).




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Goethel v. US Dep't of Commerce

(United States First Circuit) - In a commercial action, brought by a commercial fisherman challenging various provisions of the Magnuson-Stevens Fishery Conservation and Management Act, the district court's grant of summary judgment to the government is affirmed where plaintiff's suit was not filed within the thirty-day statute of limitations.




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Apex Frozen Foods Private LTD. v. US

(United States Federal Circuit) - Affirming the Court of International Trade's affirmation of the US Department of Commerce's findings following a review of the antidumping duty order on certain frozen warmwater shrimp from India.




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Refined Metals Corp. v. NL Industries, Inc.

(United States Seventh Circuit) - Affirmed. A lawsuit relating to who should pay for the cleanup of a contaminated site was dismissed because the limitations period had expired by the time the plaintiff filed suit.




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Humane Society of the US v. Perdue

(United States DC Circuit) - Vacated and remanded. A pork farmer's suit alleging that the government unlawfully permitted funds for promoting the pork industry to be used for lobbying instead lacked constitutional standing. There was no evidence of misuse of funds that resulted in an injury in fact.




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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.




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Green v. Junious

(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.




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Jones v. US

(United States Fifth Circuit) - Affirmed. An injury suit under general maritime law failed because causation evidence was scant and the injured party couldn't prove that grease on a ship deck caused him to slip and fall.




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Slattery v. US

(United States Federal Circuit) - In plaintiffs' breach of contract case against United States, acting through the FDIC, the Court of Federal Claims' judgment is affirmed in part, revered in part and remanded where: 1) the judgment of the Court of Federal Claims is affirmed as to jurisdiction, liability, and the assessment of damages for lost value in the amount of $276 million, net of the receivership deficit, and with an appropriate tax gross-up; 2) judgments as to the award of $67 million in non-overlapping restitution damages and as cumulative the award of wounded bank damages of $28 million are reversed; and 3) dismissal of intervenors' claims relating to the liquidation surplus is reversed and remanded.




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Vivendi SA v. T-Mobile USA Inc.

(United States Ninth Circuit) - In an action alleging RICO violations in connection with defendants' acquisition of a Polish telecommunications company, the dismissal of the action on forum non conveniens grounds is affirmed where the relevant evidence and witnesses were located in Poland and plaintiff was engaging in forum-shopping.




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UPMC-Braddock Hosp. v. Sebelius

(United States Third Circuit) - District court's grant of summary judgment in favor of the Secretary of the United States Department of Health and Human Services, denying a reimbursement claim for loss on depreciable assets resulting from a merger between two non-profit medical corporations is vacated and remanded where: 1) the Secretary's interpretation of the related party regulations, requiring examination of whether the parties were related pre- and post-merger, is contrary to the plain language of the regulations, and under the proper, pre-merger test, the parties were not related at the time of the transaction; and 2) the district court's determination that the merger was not a bona fide sale was not based on substantial evidence, in light of errors made in determining the value of certain assets.




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Law Debenture Trust Co. v. Maverick Tube Corp.

(United States Second Circuit) - In an action for breach of contract, unjust enrichment, and tortious interference with contract based on defendant's refusal to allow certain of its noteholders to convert their notes to cash and stock following the acquisition of defendant, dismissal of the complaint is affirmed where, under the express terms of the indenture agreement, the acquirer was not a "Public Acquirer" because its securities that were traded on the New York Stock Exchange were not its ordinary shares.