Westlaw Journals weekly round-up

November 19, 2015

Westlaw Journals Weekly RoundupThis week some highlights from the Westlaw Journal blog include a federal appeals court decision affirming a $100,000 infringement award against a nightclub and a securities fraud decision from the 9th U.S. Circuit Court of Appeals from late October:

U.S. Supreme Court denies review in animal feedlot emissions case: On Nov. 2, the U.S. Supreme Court denied review in a case brought by a group of Iowa residents who argued that the Clean Air Act requires the Environmental Protection Agency to regulate animal feeding operation emissions because they are a serious health hazard. Samuel Zook and others wanted the high court to review an April ruling by the District of Columbia U.S. Court of Appeals that regulation of animal feedlot emissions by the EPA is a discretionary duty and not required under the Clean Air Act, 42 U.S.C. § 7401. Zook et al. v. EPA et al., 611 Fed. Appx. 725 (D.C. Cir. 2015). (Environmental)

Appeals court affirms $100,000 infringement award against nightclub: A nightclub that earned a profit of more than $15,000 on concert ticket sales where five copyrighted songs were played was properly ordered to pay $102,000 in default damages and fees to the copyright owner, a federal appeals court has ruled. Broadcast Music Inc. was entitled to elect an award of statutory damages of up to $30,000 per infringement against the Crocodile Rock Café and its owners, rather than an award reflecting its actual damages, the 3rd U.S. Circuit Court of Appeals said Oct. 30. (Intellectual Property)

Urban Outfitters owed no coverage for Navajo Nation suit, 3rd Circuit says: An Urban Outfitters insurer has no duty to defend or indemnify the clothing retailer in a trademark infringement lawsuit filed by the Navajo Nation, a federal appeals court has ruled, upholding a lower court decision. The 3rd U.S. Circuit Court of Appeals unanimously ruled Oct. 23 that Hanover Insurance Co. is not obligated to provide coverage for the underlying case because the alleged infringement began 16 months before Hanover became the retailer’s insurer. (Insurance Coverage)

CEO’s fraudulent intent can be imputed to corporation, 9th Circuit rules: A CEO’s intent to defraud investors by embezzling $120 million can be imputed to the corporation, making the company potentially liable for “textbook securities fraud,” the 9th U.S. Circuit Court of Appeals held Oct. 23. Reversing a decision by U.S. District Judge John F. Walter of the Central District of California to dismiss the shareholder suit against ChinaCast Education Corp., the 9th Circuit held that the company cannot escape liability even though the CEO was responsible for the fraud. (Securities Litigation & Regulation)