Eminent Domain Law
 
Authors Guild v. Google, Inc.

This copyright dispute tests the boundaries of fair use. Plaintiffs, who are authors of
28 published books under copyright, sued Google, Inc. (“Google”) for copyright infringement in the
29 United States District Court for the Southern District of New York (Chin, J.). They appeal from
30 the grant of summary judgment in Google’s favor. Through its Library Project and its Google

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Amir Meshal v. Chris Higgenbotham

Amir Meshal filed this Bivens action, see Bivens v. Six Unknown Named Agents of Fed. Bureau of Narcotics, 403 U.S. 388 (1971), against several agents of the Federal Bureau of Investigation (“FBI”), claiming they violated his Fourth and Fifth Amendment rights when they detained, interrogated, and tortured him over the course of four months in three African countries. Meshal insists a Bivens rem

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Hyundai Amer. Shipping Agency v. NLRB

We review an order of the National Labor Relations Board invalidating five rules in the employee handbook maintained by the Hyundai America Shipping Agency. Though the case was argued in February 2013, we placed it in abeyance the same month, pending the Supreme Court’s decision in NLRB v. Noel Canning, 134 S. Ct. 2550 (2014). That decision made clear that the three Board members on the panel

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Ward Gulfport Properties, L.P., and T. Jerard Gulfport, LLC v. Mississippi State Highway Commission

In 2007, MHC applied for a permit with ACE to fill wetlands in the roadbed of a
proposed connector road in the Turkey Creek Watershed near Gulfport. MHC planned to use
wetland mitigation bank credits to offset the loss of wetland in the roadbed, but the
Mississippi Department of Environmental Quality (MDEQ), ACE, and the Environmental
Protection Agency (EPA) took issue with that s

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State Bd. of Nursing v. Sesay

In November 2010, Mabinty Sesay was a practical nurse licensed by the State of
Maryland and employed by Maxim Health Care Services (“Maxim”). On the dates of
November 27-28, Ms. Sesay was assigned to provide in-home, overnight nursing care to
E.C., a young man with quadriplegia who has no movement, aside from weak use of his
biceps and triceps, from the chest down. He als

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Ward Gulfport Properties, L.P., and T. Jerard Gulfport, LLC v. Mississippi State Highway Commission

When the Mississippi State Highway Commission (MHC) sought a permit from the
Army Corps of Engineers (ACE) to fill wetlands in the roadbed of a proposed limited-access
road, it pledged approximately 1,300 acres of Ward Gulfport Properties, L.P.’s and T. Jerard
Gulfport, L.L.C.’s (“Ward,” collectively) property as wetlands mitigation. ACE issued the
permit to MHC in 2009. Wa

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Southwest Electric Power Co. v. Safari REstate, eal L.L.C., d/b/a Wild Wilderness Drive-Through Safari

Bentonville, AR - Jury awards Wild Wilderness Drive-Through Safari $916,745 in damages for taking for power line.

Southwest Electric Power Co. sued Safari Real Estate, L.L.C., d/b/a Wild Wilderness Drive-Through Safari on an eminent domain theory seeking to acquire a 9 acre right-of-way for a high-voltage transmission line across Safari's property.

Defendant objected to the amou

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United States of America v. Dennis Mahon

Criminal Law The panel filed (1) an order amending its opinion, denying petitions for panel rehearing and rehearing en banc, and denying a motion to stay; and (2) an amended opinion affirming convictions under 18 U.S.C. § 844(i) and (n) for a pipe bomb explosion at the City of Scottsdale Office of Diversity and Dialogue.

In its amended opinion, the panel explained that an intrinsically n

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Authors Guild v. Google, Inc.

This copyright dispute tests the boundaries of fair use. Plaintiffs, who are authors of 27
published books under copyright, sued Google, Inc. (“Google”) for copyright infringement in the 28
United States District Court for the Southern District of New York (Chin, J.). They appeal from 29
the grant of summary judgment in Google’s favor. Through its Library Project and its Googl

More...   $0 (10-19-2015 - NY)

Green Valley Landowners Association v. City of Vallejo

In this class action comprised of nonresident water customers, plaintiff Green Valley Landowners Association filed a complaint seeking to preserve its alleged right to continue receiving water at reasonable rates from an historical water delivery system owned and operated by defendant City of Vallejo (City). The trial court sustained the City’s demurrer as to all 12 causes of action contained i

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PREMIUM TRANSPORTATION STAFFING, INC. and DALLAS NATIONAL INSURANCE CO. vs. ALAN BOWERS

Premium Transportation Staffing, Inc. (employer) and Dallas National
Insurance Co. (insurer) appeal from an adverse ruling on their petition for judicial
review of a final agency decision by the Iowa Workers’ Compensation
Commissioner that awarded permanent and total disability benefits to Alan
Bowers. The appellants challenge the agency determinations (1) finding Bowers

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State of Oklahoma, ex rel. Department of Transportation v. Leonard Grahm a/k/a Leonard Thomas Graham and Linda C. Graham

Oklahoma City, OK - The State of Oklahoma, ex rel. Department of Transportation sued Leonard Grahm a/k/a Leonard Thomas Graham and Linda C. Graham, The George Earl Graham Trust, dated March 15, 2005, Joi Beasley, Trustee of the George Earl Graham TRust and the Oklahoma Board of County Commissioners on eminent domain theories claiming:

1. This action is instituted in the name of the State

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Save Mt. Diablo v. Contra Costa County

Real parties in interest Ronald and Shirley Nunn bought a large tract of agricultural property in Contra Costa County. The tract was recorded as a single parcel, but it actually consisted of four separated parts of unequal size. These parts were formed years before the Nunns bought the property when a local agency acquired through eminent domain two narrow strips of land crossing the property an

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DC Comics v. MARK TOWLE, an individual, DBA Garage Gotham

SUMMARY**
Copyright / Trademark
The panel affirmed the district court’s summary judgment in a copyright and trademark infringement action brought by
DC Comics against a maker of Batmobile replicas. The panel held that the Batmobile, as it appeared in the
Batman comic books, television series, and motion picture, was entitled to copyright protection because this automotive
ch

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United States of America v. Octavio Cesar Sana

San Diego, CA - Imperial Business Owner Admits Trafficking in Millions of Dollars of Counterfeit Cell Phone Parts

Imperial Valley businessman Octavio Cesar Sana, a Spanish national with legal U.S. residency, pleaded guilty today to running a years-long conspiracy to traffic in millions of dollars of counterfeit Chinese cell phone parts.

Sana pleaded guilty before U.S. Magistrate

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Jason Bradley McGill v. The State of Wyoming

Mr. McGill spent Thanksgiving Day 2013 with his three children from his second marriage; his live-in girlfriend, Jennifer Neumeyer; and her three children from previous relationships. Mr. McGill and Ms. Neumeyer began arguing early in the day. The argument escalated when Mr. McGill’s ex-wife, Cristi McGill, called during Thanksgiving dinner and Mr. McGill allowed his children to speak with the

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Santa Clarita Org. for Planning etc. v. Abercrombie

Because we are reviewing the trial court’s grant of judgment on the pleadings, the facts set forth below are drawn from the operative petition and complaint, and other judicially noticed facts. (People ex rel. Harris v. Pac Anchor Transp., Inc. (2014) 59 Cal.4th 772, 777 (Pac Anchor).)
The Agency is a legislatively created public agency. (Stats. 1986, ch. 832, § 5, p. 2843, Deering’s A

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Pulaski & Middleman, LLC v. Google, Inc.

Between 2004 and 2008, many online internet advertisers
used Google, Inc.’s (“Google”) AdWords program, an
auction-based program through which advertisers would bid
for Google to place their advertisements on websites. Pulaski
& Middleman, LLC and several other named plaintiffs
(“Pulaski”)1 brought this putative class action under
California’s Unfair Competition

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Zulema Bonner-Turner v. City of Ecorse

Shortly after his arrest, Alphonso Turner hanged himself in an Ecorse, Michigan jail
using a shoelace that normally would have been taken from him during booking for his safety.
His widow, as the personal representative of Turner’s estate and in her individual capacity,
alleges in her complaint that city police officers were deliberately indifferent to Turner’s risk of
suicide

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Regional Transportation District v. 750 West 48th Ave., LLC.

In 2011, Regional Transportation District (“RTD”) filed a petition in
condemnation against 750 West 48th Ave., LLC (“Landowner”) to acquire the
approximately 1.6-acre property for development of the Gold Line light rail project
being constructed between Union Station and Arvada. Landowner was leasing the
property to a commercial waterproofing business (“Tenant”).1

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Santa Clarita Organization etc. v. Abercrombie

Because we are reviewing the trial court’s grant of judgment on the pleadings, the facts set forth below are drawn from the operative petition and complaint, and other judicially noticed facts. (People ex rel. Harris v. Pac Anchor Transp., Inc. (2014) 59 Cal.4th 772, 777 (Pac Anchor).)
The Agency is a legislatively created public agency. (Stats. 1986, ch. 832, § 5, p. 2843, Deering’s A

More...   $0 (09-11-2015 - CA)

Kahn v. The Dewey Group

Kahn filed the present action on February 3, 2011, and filed the operative second amended complaint on August 15, 2011. The second amended complaint alleged that from 1996 to 2011, Kahn was a resident of a mobile home park located in San Fernando, California. Sometime prior to 1996, defendants and their predecessors-in-interest had used the land on which the mobile home park sat as an industrial

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Collier v. Harris

Korpi is an education activist involved in the politics of the Capistrano Unified School District (District). Although he does not hold a leadership position, he volunteers his time with Capistrano Unified Children First (Children First), a nonprofit organization dedicated to improving the quality of education in the District. Korpi was a vocal supporter of certain candidates during a recall ele

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Kansas City Power & Light Co. v. Strong

In January 2012, Kansas City Power & Light Company (KCPL) condemned a power line easement bisecting two tracts of undeveloped agricultural land in southern Johnson County. The land was owned by the trusts for Daniel and Evelyn Strong (the Strongs). The easement occupied approximately 12 out of a combined 460 acres. Court-appointed appraisers awarded the Strongs $96,465 in damages. The Strongs ap

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Donald E. Eno v. Sally Jewell

The Equal Access to Justice Act (“EAJA”) “departs from
the general rule that each party to a lawsuit pays his or her
own legal fees.” Scarborough v. Principi, 541 U.S. 401, 404
(2004). The EAJA entitles those who prevail on a legal claim
against the U.S. government to an award of fees and costs,
but only if they prevail in adversary adjudications.
Specifically exclu

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