(United States Second Circuit) - Affirming the district court's grant of summary judgment that although Apple and a group of major publishers committed an unlawful antitrust conspiracy there was no antitrust injury that resulted.

(United States Federal Circuit) - Reversing and remanding the final judgment of the United States Court of International Trade case granting summary judgment to the government because the subject modular storage unit imports were improperly classified as mountings and fittings rather than as parts of unit furniture.

(United States Ninth Circuit) - Affirming the district court's dismissal of an antitrust claim alleging anti-competitive activities engaged in by a labor union and a multi-employer collective bargaining association, holding that nonstatutory exemption, the Noerrr-Pennington doctrine, and Sherman Act immunized defendants' activities.

(United States Federal Circuit) - Affirming the Court of International Trade's decision affirming a Department of Commerce ruling in the administrative review of an earlier anti-dumping order, the court held that no error occurred in the determination that a Chinese saw blade manufacturer was seeking to sell their products at less than fair market value in the United States.

(United States Third Circuit) - Reversing the District Court dismissal of complaints in litigation that alleged Lipitor's fraudulent patent procurement and other misconduct because the allegations were plausible, and reversing the dismissal of allegations in Effexor litigation because it was plausible that the companies holding the pharmaceutical patents and generic manufacturers entered into reverse payment settlement agreements that subjected them to antitrust scrutiny.

(United States Federal Circuit) - Affirming that, for customs classification purposes, acrylamido tertiary butyl sulfonic acid is not an amide, but is an amide derivative as defined by the Harmonized Tariff Schedule of the United States.

(United States Federal Circuit) - Affirming a US Court of International Trade final decision denying a motion for summary judgment to a company and granting a government cross motion for summary judgment because the court agreed with the Customs and Border Patrol's classification of the plaintiff's subject imports finding that the articles at issue, decorative plates and mugs, weren't eligible for duty free treatment.

(United States Federal Circuit) - Vacating a decision by the US Court of International Trade affirming a US Department of Commerce determination that certain imported oil country tubular goods (OCTG) fabricated as unfinished OCTG in China and finished in other countries were not subject to anti-dumping and countervailing duty orders covering OCTG imported from China because the Trade Court improperly proscribed the use of the substantial transformation analysis to determine the country of origin.

(United States Federal Circuit) - Partially affirming, partially reversing, partially vacating, and remanding a case in which the Aluminum Extrusions Fair Trade Committee appealed a decision of the US Court of International Trade affirming the scope of the US Department of Commerce ruling holding that Whirlpoo's kitchen appliance door handles with end caps don't fall within the scope of antidumping and countervailing duty orders on aluminum extrusions from the People's Republic of China.

(United States Federal Circuit) - Defendant appealed from a judgement of the US Court of International Trade in favor of plaintiff. The Court of Appeals held that the Court of International Trade lacked jurisdiction to hear plaintiffs claims and reversed the judgement. The Appeals court concluded that jurisdiction under 28 USC section 1581 may not be invoked until administrative remedies are exhausted.

(United States Federal Circuit) - Appeal from US Court of International Trade (ITC). Plaintiffs sought preliminary injunction to bar enforcement of Presidentially imposed tariff. ITC denied preliminary injunction and appeals court affirmed. The President has authority under Section 201 of the Trade Act of 1974 to impose tariffs and where a statute authorizes a Presidential determination, courts have no authority to look behind that determination to see if it is support by the record.

(United States Ninth Circuit) - Affirmed a criminal conviction for violating antitrust laws where the defendant was convicted of conspiring to suppress and restrain competition by rigging bids. Defendant argued that the matter should be adjudicated under a rule-of-reason analysis. However, because bid rigging is a per-se violation of the Sherman Act, the Ninth Circuit held that the district court did not err by refusing to allow evidence of the alleged ameliorative effects of his conduct.

(United States Ninth Circuit) - Affirmed that the U.S. Olympic Committee and USA Track and Field did not violate antitrust law by imposing advertising restrictions during the Olympic Trials. A chewing gum company that wished to pay to display its logo on athletes' apparel brought this suit to challenge the advertising restrictions. Rejecting the company's arguments, the Ninth Circuit held that the defendant organizations were entitled to implied antitrust immunity on the basis that their advertising restrictions were integral to performance of their duties under the Ted Stevens Olympic and Amateur Sports Act.

(United States Ninth Circuit) - Affirmed the dismissal of a private antitrust action brought by consumers seeking to enjoin the largest U.S. beer producer from acquiring the second largest. The consumers argued in this action brought under section 7 of the Clayton Act that the merger would lessen competition in the U.S. beer market. Concluding that they failed to state a claim, the Ninth Circuit emphasized that the U.S. Department of Justice, as a condition of approving the merger, had required the company being acquired to divest entirely its domestic beer business.

(United States DC Circuit) - Held that the federal government could not block a proposed merger between AT&T and Time Warner. The government had sued to enjoin the vertical merger on the basis that it would have anticompetitive effects. However, the D.C. Circuit agreed with the district court's conclusion that the government's evidence was insufficient, and affirmed the denial of a permanent injunction.

For many years, Guy and Heidi Burgess have organized a series of projects dealing with difficult, intractable conflicts, and they developed an incredibly rich website of resources. They recently collected the following series of statements about conflict and the coronavirus, including the following.  Here’s a list of the statements with links to each one.  They … Continue reading The Coronavirus and the Constructive Conflict Initiative →

On April 24 Divided Community Project (DCP) Deputy Director Bill Froehlich and Steering Committee Chair Grande Lum joined HNMCP’s Neil McGaraghan and Kyle Strickland (from the Kirwan Institute for the Study of Race and Ethnicity) to record a webinar session for the ABA’s virtual conference. Bill shares a few reflections on the session which focus … Continue reading Reflections on Campus Collaboration and Virtual Tools →

The ABA Journal recently published an article entitled Bar Exam Does Little to Ensure Attorney Competence, Say Lawyers in Diploma Privilege State, describing the experience in Wisconsin, the only state that currently has the “diploma privilege.”  Under the Wisconsin rules, in-state law school graduates can become licensed without taking a bar exam.  These graduates must … Continue reading The Coronavirus Crisis Provides an Opportunity to Adopt Better Systems for Licensing Lawyers than the Bar Exam →

The Poetry Olympics Is A Brand-New Initiative Created To Encourage, Inspire And Empower Writers Of Every Style And On Every Level.

It's Happening Tonight, December 14, From 6-10 PM (PST)

The Second Edition Of The Book Music Supervision, And The Newly Launched ‘How To Be A Music Supervisor’ Online Learning Platform, Introduces A Much-needed Educational Resource

The 16th Issue Of CLOUZINE To Be Published Soon !

Clouzine Discovers And Promotes Indie Talents Part Of Discoveries (#16) Tremendous (UK), Jennifer Mlott (USA), And King Fally (Nigeria).

Van lifers are used to wandering the roads. But now, they're stuck in one spot -- and trying to not draw attention to themselves.

The industry veteran is looking to help grow the next generation of not only promoters and managers, but also entertainment lawyers, accountants, publicists and, naturally, artists.

"Chipotlanes" are rolling out across the country, at a time when customers can't dine in and want more pickup and delivery options.

LAS VEGAS — Roy Horn of Siegfried & Roy, the duo whose extraordinary magic tricks astonished millions until Horn was critically injured in 2003 by one of the act’s famed white tigers, has died. He was 75. Horn died of complications from the coronavirus on Friday in a Las Vegas hospital, according to a statement […]

(United States First Circuit) - Affirmed a sentence for possessing a firearm while subject to a qualifying court restraining order. The defendant, who had pleaded guilty, argued that the district court failed to properly consider mitigating factors in sentencing him to 33 months. The First Circuit found no error in his sentence.

(United States First Circuit) - Affirmed a 120-month prison sentence for possession of child pornography. The defendant, who had pleaded guilty, argued that the district court improperly imposed certain enhancements to his base offense level. However, the First Circuit found no clear error.

(United States First Circuit) - Affirmed the denial of a medically ill defendant's request for a downward departure under the U.S. Sentencing Guidelines. The defendant, who had pleaded guilty to conspiracy to possess five kilograms or more of cocaine with intent to distribute, sought a shorter sentence due to his chronic liver ailments. However, the First Circuit found no abuse of discretion in the sentence of 180 months.

(United States First Circuit) - Affirmed the denial of habeas relief to a defendant who challenged his sentence under the Armed Career Criminal Act (ACCA). The defendant argued that his designation as an armed career criminal was unconstitutional under recent Supreme Court precedent, but the First Circuit disagreed, holding that current law still considers three of his convictions to be ACCA predicates.

(United States First Circuit) - Affirmed that a defendant who had violated the conditions of his supervised release by possessing illegal drugs could be re-imprisoned notwithstanding his argument that his drug addiction was a disease. According to the defendant, sentencing him to a new term of imprisonment for manifesting a condition of his disease constituted cruel and unusual punishment in violation of the Eighth Amendment. However, the First Circuit found no support in its precedent for his argument, emphasizing that he had violated the terms of his supervised release by failing three drug tests and being convicted of a state law charge of felony drug possession.

(United States First Circuit) - Affirmed the conviction and sentence of a former Puerto Rico superior court judge for receiving bribes and participating in a conspiracy to bribe an agent of an organization receiving federal funds. On appeal, the former judge cited a number of alleged trial and sentencing errors, including the upholding of a witness's invocation of his Fifth Amendment privilege. However, the First Circuit found no reversible error and affirmed.

(United States First Circuit) - Affirmed a sentence for possession with intent to distribute cocaine and heroin. A man who pleaded guilty after police caught him couriering drugs cross-country in his backpack challenged the length of his sentence. Rejecting his arguments, the First Circuit emphasized that the district court found him to be a career offender but sentenced him to a below-guidelines term of 78 months in prison.

(United States First Circuit) - Affirmed a prison sentence followed by lifetime supervised release on charges of possession of child pornography. The defendant, who had previously been convicted of a sexual crime involving young boys, argued that the district court inadequately explained why it imposed a condition of lifetime supervised release, and also that his 120-month prison sentence was substantively unreasonable. The First Circuit rejected his arguments and affirmed.

(United States First Circuit) - Affirmed a drug-trafficking sentence despite the defendant's argument that he was given an unwarranted Guidelines enhancement for obstruction of justice. The defendant, who pleaded guilty, also argued that he should be given a credit for acceptance of responsibility. However, the First Circuit found that he had maintained a false identity (i.e., used an assumed name) throughout his criminal proceedings, and thus affirmed the sentence.

(United States First Circuit) - Affirmed the sentence of a defendant who pleaded guilty to one count of being a felon in possession of a firearm and to one count of possession of a machine gun. The defendant challenged his sentence on procedural and substantive reasonableness grounds. Finding no error, the First Circuit affirmed.

(United States First Circuit) - Denied a petition for review of an administrative decision ordering a Guatemalan couple removed from the United States. The husband and wife moved to reopen their removal proceedings, claiming there was new relief available to them. Agreeing with the Board of Immigration Appeals that their motion was untimely and number-barred, the First Circuit noted that this was their 17th motion for reopening or reconsideration and was brought nearly 16 years after the initial removal order.

(United States First Circuit) - Affirmed the sentence of a defendant who pleaded guilty to one count of theft in connection with health care and to one count of wire fraud. An accountant who embezzled nearly $1 million from a radiology medical firm challenged the procedural and substantive reasonableness of his upwardly variant sentence. Finding no error, the First Circuit affirmed.

(United States First Circuit) - Affirmed the fraud-related convictions of a man who falsely promised to provide professional legal assistance to individuals who were behind on their court-ordered child support payments. On appeal, the defendant made several claims of trial and sentencing error. The First Circuit affirmed his convictions and the order of restitution but remanded for resentencing using the proper version of the Guidelines Manual.

(United States First Circuit) - Held that the U.S. government was not liable for the actions of agents of the Bureau of Alcohol, Tobacco, Firearms and Explosives who stopped a pickup truck at gunpoint and handcuffed and detained an innocent man for up to 20 minutes. The man brought this suit under the Federal Tort Claims Act alleging false imprisonment. Affirming the district court, the First Circuit held that the government was entitled to summary judgment.

(United States First Circuit) - Held that a defendant was barred from appealing his sentence because his plea agreement contained a waiver-of-appeal clause. The defendant, who pleaded guilty to knowingly possessing a firearm in furtherance of a drug trafficking crime, asserted that the waiver-of-appeal provision should not be enforced. The First Circuit observed that there is confusion in circuit precedent as to the proper standard for evaluating the enforceability of an appellate waiver. The panel ultimately concluded here that the waiver of appeal must be enforced, and thus dismissed his appeal.

(United States First Circuit) - Affirmed a conviction on drug-smuggling charges. The defendant, who was caught with two other men aboard a vessel carrying 70 kilograms of cocaine, argued that he was a mere transporter of the contraband and thus was entitled to a minor participant reduction under the U.S. Sentencing Guidelines. Finding no error in the sentence, the First Circuit affirmed.

(United States First Circuit) - Held that a man who was convicted of possession of child pornography based on images found on his work computer could not proceed with his lawsuit claiming that his privacy rights were violated. The man, who was sentenced to five years' imprisonment, objected to the fact that his employer had covertly installed screenshot-capturing software on his work computer. He alleged that his employer violated the federal Electronic Communications Privacy Act, and also that police officials infringed his Fourth Amendment rights in various ways. However, the First Circuit rejected his arguments and affirmed summary judgment for the defendants.

(United States First Circuit) - Affirmed a district court’s decision regarding sentencing in a case where the defendant plead guilty to illegal possession of a firearm and was sentenced to probation. In 2016, defendant’s home was searched and a massive cache of weapons was found. Defendant pleaded guilty to the 2016 charges, but before he could be sentenced his probation from the 2013 charges was revoked and he was sentenced to prison for those charges. This action slotted defendant into a criminal history category that generated increased prison time under the sentencing guidelines. Defendant argued that the 2013 sentence should not be considered for the 2016 sentence. The court held that the district court properly considered the factors for sentencing.

(United States First Circuit) - Affirmed the dismissal of a consumer complaint alleging that manufacturers of prescription eye drops deliberately designed their bottles to emit unnecessarily large drops in a ploy to force patients to waste the expensive medication and thus buy more of it. Moving to dismiss on preemption grounds, the manufacturers contended that the Food and Drug Administration would have to approve any modification of the medication's bottle. Agreeing, the First Circuit held that FDA regulations preempted the plaintiffs' state law claims seeking to force a change in the bottle design.

(United States First Circuit) - Affirmed convictions of bulk-cash smuggling and currency structuring. The defendant argued that his convictions must be vacated because of erroneous evidentiary rulings, improper jury instructions, and other errors. Unconvinced by his arguments, the First Circuit affirmed.

(United States First Circuit) - Held that the government did not breach its plea agreement with a defendant by arguing, at least implicitly, that the agreed-upon 60-month sentence for his weapons charge was too low. The defendant contended that prosecutors undercut the plea deal. Finding no breach of the parties' agreement, the First Circuit affirmed.

(United States First Circuit) - Affirmed two men's convictions of a conspiracy to distribute cocaine base. The defendants raised a variety of constitutional and evidentiary arguments against their convictions. However, the First Circuit found no error in any of their claims of error.

(United States First Circuit) - Affirmed convictions on federal carjacking and weapons counts. The defendant argued that his carjacking offense did not qualify as a crime of violence and thus could not serve as a predicate for the weapons counts. Finding no error, the First Circuit affirmed.