• 3 Sep 2021

    Baer Reed: California v. Wheeler

    Congress enacted the Clean Water Act (CWA or Act) in 1972 . The Act's stated objective is "to restore and maintain the chemical, physical, and biological integrity of the Nation's waters." 86 Stat. 816, 33 U.S.C. § 1251(a) . The Act further declares, "[i]t is the policy of Congress to recognize, preserve, and protect the primary responsibilities and rights of States to prevent, reduce, and...
    • 3 Sep 2021

    Baer Reed: Waymo LLC v. Uber Techs., Inc.

    This lawsuit for trade secret misappropriation suffers from a deluge of accusations by Plaintiff Waymo LLC that defendants Uber Technologies, Inc., and Ottomotto LLC (collectively, "Uber") tossed out evidence and engaged in litigation misconduct. This order addressed the extent to which the jury will be allowed to hear those accusations and the proof behind them.
    • 3 Sep 2021

    Baer Reed: Oxbow Carbon & Minerals LLC v. Union Pac. R.R.

    Plaintiffs are five related companies (collectively referred to as "Oxbow") — Oxbow Carbon & Minerals LLC , Oxbow Mining, LLC, Oxbow Midwest Calcining LLC, Oxbow Calcining LLC, and Terror Creek LLC — that mine, sell, and ship coal and petroleum coke. They alleged that defendants Union Pacific Railroad Company ("UP") and BNSF Railway Company ("BNSF") conspired to (1) fix prices...
    • 3 Sep 2021

    Baer Reed: Larrimore v. Am. Nat'l Ins. Co.

    The plaintiff was an employee in the coffee shop in the Huber Hotel in Muskogee, Okla. The hotel was owned by the defendant. The defendant leased the coffee shop to a Mrs. Schultz, and exercised no control over her operation thereof. The defendant, however, did furnish the lessee with some cans of rat poison, for the purpose of exterminating rats in the restaurant. One of the plaintiff's duties was to light the steam...
    • 3 Sep 2021

    Baer Reed: Corre Opportunities Fund, LP v. Emmis Communs. Corp.

    During the February 29 and March 8 Board meetings of the Emmis Communications Corporation (“Emmis”), the Board discussed details of Proposed Amendments for consideration by the Company’s shareholders. The Proposed Amendments would, inter alia: (1) eliminate Emmis's obligation to pay Preferred Stock dividends accumulated since October 2008; (2) change the Preferred Stock from "Cumulative"...
    • 3 Sep 2021

    Baer Reed: Cambridge Decision Sci. v. Markman

    Jon Markman, president of Markman Capital Insight LLC (MCI) and Tray Thomas d/b/a Cambridge Decision Science (CDS) began settlement negotiations following the termination of their business relationship. Thomas transmitted to Marksman a proposed settlement agreement dated October 15, 2015 together with a proposed mutual release of the same date. Among the terms of the proposal was paragraph 3 of the proposed settlement...
    • 3 Sep 2021

    Baer Reed: AFGE v. OPM (In re United States OPM Data Sec. Breach Litig.)

    In 2014, cyberattackers breached multiple U.S. Office of Personnel Management ("OPM") databases and allegedly stole the sensitive personal information—including birth dates, Social Security numbers, addresses, and even fingerprint records—of a staggering number of past, present, and prospective government workers. Due to the breach, several complaints were filed which were consolidated into two complaints...
    • 3 Sep 2021

    Baer Reed: Andrews-Clarke v. Travelers Ins. Co.

    Diane Andrews-Clarke, an employee of AT&T, maintained a family health insurance policy with Travelers Insurance Co. through her AT&T employee benefit plan. Her husband and children were named beneficiaries of that policy. Richard Clarke drank to excess. Despite the fact that the Travelers' insurance policy held by Andrews-Clarke specifically stated that each insured beneficiary was entitled to at least one...
    • 24 Aug 2021

    Baer Reed: In re Google, Inc. Privacy Policy Litig.

    After this court's order dismissing their consolidated complaint on standing grounds with leave to amend, Plaintiffs Robert Demars, Pedro Marti, David Nisenbaum, Lorena Barrios, Nicholas Anderson, Matthew Villani and Scott McCullough ("Plaintiffs") filed an amended complaint. In their amended complaint, Plaintiffs again challenged the introduction of a new, unified privacy policy by Defendant Google, Inc...
    • 24 Aug 2021

    Baer Reed: United States v. Slatten

    Nicholas Slatten, Paul Slough, Evan Liberty and Dustin Heard ("defendants") were contractors with Blackwater Worldwide Security ("Blackwater"), which in 2007 was providing security services to the United States State Department in Iraq. As a result of Baghdad shootings that injured or killed at least 31 Iraqi civilians, Slough, Liberty and Heard were convicted by a jury of voluntary manslaughter, attempted...
    • 24 Aug 2021

    Baer Reed: In re Marriage of Pendleton & Fireman

    Petitioner husband, Barry I. Fireman, and respondent wife, Candace Pendleton, executed a premarital agreement which provided that both parties waived, in the event of a dissolution of the marriage, all rights to any type of spousal support from the other. The agreement acknowledged that each party had been represented by independent counsel in the negotiation and preparation of the agreement, that counsel had advised...
    • 24 Aug 2021

    Baer Reed: Estate of Thornton v. Caldor, Inc.

    Pursuant to a Connecticut statute providing that no person stating a particular day as his Sabbath may be required by his employer to work on such day, and also providing a remedy and procedure to be followed where an employee was discharged in violation of the statute, a retail store manager filed a grievance with the State Board of Mediation and Arbitration after his employer had transferred him to a nonsupervisory...
    • 24 Aug 2021

    Baer Reed: United States v. Saavedra

    The inmates in the pro. per. section of the Los Angeles County Jail posed as law enforcement or bank security personnel checking on credit card problems, and telephoned individuals whose numbers had been obtained from the city phone book. The inmate would have the person read off his or her credit card number to "verify" it, and would then call Western Union and order a money order, charging it to the misappropriated...
    • 24 Aug 2021

    Baer Reed: Booking.com v. Matal

    Plaintiff Booking.com B.V. filed the present civil action challenging the denial by the Trademark Trial and Appeal Board ("TTAB") of the United States Patent and Trademark Office ("USPTO") of four trademark applications involving the mark "BOOKING.COM " for services in Classes 39 and 43. One of the applications was for the word mark and three were for stylized versions of the mark. For each...
    • 24 Aug 2021

    Baer Reed: Mertens v. Hewitt Assocs.

    An employer's phasing out of its steelmaking operations prompted early retirement by a large number of employees who were participants in the employer's pension plan, which was qualified under the Employee Retirement Income Security Act of 1974 (ERISA) (29 USCS 1001 et seq.), 502(a)(3) (29 USCS 1132(a)(3)) of which permitted pension plan participants to bring civil actions to obtain "appropriate equitable...
    • 24 Aug 2021

    Baer Reed: Hysaw v. Washburn Univ. of Topeka

    Plaintiff black football players, who were recipients of athletic scholarships, claimed that the defendants, university and officials, treated them in a racially discriminatory manner. The plaintiffs boycotted team practices, and the defendants removed them from the team. The plaintiffs brought an action against the defendants in which the plaintiffs claimed that the defendants infringed upon their free speech, liberty...
    • 24 Aug 2021

    Baer Reed: United States v. Casto

    In January 1988, Melinda Gutierrez asked defendant Diana Casto to accompany her to a drug deal. Gutierrez promised defendant a small amount of methamphetamine if she agreed. Defendant consented. In March 1988, Gutierrez asked defendant to attend another drug sale, this time, promising defendant with both cash and methamphetamine for her presence at the meeting. Defendant agreed. Defendant, Gutierrez, and another co-conspirator...
    • 24 Aug 2021

    Baer Reed: Microsoft Corp. v. Harmony Computs. & Elecs., Inc.

    Plaintiff Microsoft Corporation, a developer, manufacturer, and marketer of computer software programs, commenced a copyright infringement action against defendants, Harmony Computers & Electronics, Inc. and Stanley Furst, alleging that the defendants sold, without license or authorization, copyrighted Microsoft MS-DOS and Microsoft Windows software programs and accompanying materials ("Microsoft Products"...
    • 24 Aug 2021

    Baer Reed: State v. Riley

    Defendant James Riley stopped the car in the breakdown lane of the highway. A state trooper approached defendant's vehicle and, during a routine check of the car form the outside, noticed a handgun on the seat beside defendant. Defendant refused to get out of the car and reached for the gun. The trooper drew his weapon, at which point defendant slid the gun along the seat until he could place it on the floor in front...
    • 24 Aug 2021

    Baer Reed: Sierra Club, Inc. v. United States Forest Serv.

    The Mountain Valley Pipeline, LLC (“MVP”) planned to construct, operate, and maintain approximately 303.5 miles of new underground, 42-inch diameter pipeline extending from Wetzel County, West Virginia, to Pittsylvania County, Virginia. In October 2017, the Federal Energy Regulatory Commission ("FERC") issued a Certificate of Public Convenience and Necessity for MVP's pipeline project ("Certificate"...
    • 24 Aug 2021

    Baer Reed: Morgan v. United States

    Plaintiff market agencies filed the present suits attacking the order of the Secretary of Agriculture, so far as it prescribed maximum charges for selling livestock, as illegal and arbitrary and as depriving plaintiffs of their property without due process of law in violation of the Fifth Amendment of the Constitution. The District Court of three judges entered decrees sustaining the order and dismissing the bills of...
    • 24 Aug 2021

    Baer Reed: LVRC Holdings LLC v. Brekka

    In 2003, LVRC Holdings, LLC (LVRC) hired appellee Christopher Brekka to oversee a number of aspects of the facility. Part of his duties included conducting internet marketing programs and interacting with LOAD, Inc., the company retained by LVRC to provide email, website, and related services for the facility. At the time Brekka was hired, Brekka owned and operated EBSN and EBSF, two consulting businesses that obtained...
    • 21 Aug 2021

    Baer Reed: Willis v. Gami Golden Glades, LLC

    Mrs. Willis was a guest at a Holiday Inn hotel owned by Gami which had contracted for security services with American Security. When Mrs. Willis arrived at the Holiday Inn for her stay, there were no parking spaces available in the hotel parking lot immediately adjacent to the hotel structure. A security guard specifically instructed her to park her vehicle in a parking lot across the street, and when Mrs. Willis expressed...
    • 21 Aug 2021

    Baer Reed: Ortiz v. City of N.Y.

    On June 1, 2014, Vazquez and New York City Police Officer Stephanie Hanna encountered Ortiz, who was intoxicated, lying on a sidewalk in upper Manhattan. They called for an ambulance and placed Ortiz in handcuffs. Ortiz was transported by ambulance to St. Luke's Hospital, where the staff sedated Ortiz because he was belligerent and intoxicated. As the hospital prepared to release Ortiz the next day after treating...
    • 21 Aug 2021

    Baer Reed: Marten Transp., Ltd. v. Plattform Advert., Inc.

    In this action, plaintiff Marten Transport, Ltd. ("Marten"), a trucking company, alleged that defendant PlattForm Advertising, Inc. ("PlattForm") used Marten's name and trademarks without authorization on websites on which PlattForm advertised truck driver jobs. The matter came before the Court on PlattForm's motion to exclude expert testimony by Marten's experts Ronald Fischer and Richard...