3

Municipal Employees' Retirement System of MI v. Pier 1 Imports

(United States Fifth Circuit) - Affirmed. Investors who alleged that Pier 1 Imports was a trend-based fashion retailer with inventory that carried a significant markdown risk they failed to disclose were unable to adequately plead scienter.




3

Vanzant v. Hill's Pet Nutrition, Inc.

(United States Seventh Circuit) - Reversed. The court reversed the dismissal of a class action consumer fraud and deceptive business case involving cat food labeled prescription cat food that was not materially different from regular cat food. The fraud claim was sufficiently pled and the Food, Drug and Cosmetic Act's safe harbor didn't apply.




3

Wu v. O'Gara Coach Co., LLC

(California Court of Appeal) - Reversed order disqualifying attorneys. The appeals court held that no evidence had been presented that Plaintiff's attorneys possessed confidential attorney-client privileged information relevant to the suit and that if there was a conflict other lawyers in the law firm could represent Plaintiff.




3

Whole Woman's Health Alliance v. Curtis T. Hill, Jr.

(United States Seventh Circuit) - Plaintiff, an abortion care provider, sought a license from the State of Indiana to operate a clinic. Plaintiff made two unsuccessful license applications over a two-year period before resorting to the federal courts. The district court granted Plaintiff preliminary relief based on the likelihood that it would be successful at trial. Indiana appealed seeking a stay on the relief. Appellate ordered that Indiana should treat Plaintiff as though it were provisionally licensed while the litigation proceeds.




3

Sec. & Exch. Comm'n v. M&A W. Inc.

(United States Ninth Circuit) - In an SEC enforcement action arising from the activities of a company described as a "sham incubator for startup companies", summary judgment ruling against defendant is affirmed in part and reversed and remanded in part where: 1) the district court correctly found that defendant was an underwriter under section 2(11) of the Securities Act of 1933, and therefore not exempt from the the Act's registration requirements; 2) it did not err in ordering that defendant disgorge all profits, with interest, he obtained from certain transactions; but 3) genuine issues of material fact precluded summary judgment as to the imposition of certain civil sanctions.




3

Fed. Trade Comm'n v. Whole Foods Market, Inc.

(United States DC Circuit) - Denial of the FTC's request for a preliminary injunction against the merger of the Whole Foods and Wild Oats supermarket chains is reversed and remanded where: 1) the case was not moot despite the merger's having already occurred; 2) the district court did not abuse its discretion by considering the market definition proposed by the FTC, in which Whole Foods and Wild Oats compete in the "premium, natural, and organic supermarkets" (PNOS) market, not against all supermarkets; 3) the FTC met the threshold requirements for obtaining a preliminary injunction by demonstrating a likelihood of success on its claim that the two supermarkets did compete in the PNOS market; and 4) the district court was best positioned to balance the FTC's showing against the equities weighing against an injunction. (Amended and reissued opinion)




3

In re: Plassein Int'l Corp.

(United States Third Circuit) - In an adversary proceeding brought by the trustee of a corporation and the subsidiaries it had acquired in related leveraged buy-outs, seeking to recover payments the shareholders of the acquired corporations had received for their shares on the grounds that the payments to them had been fraudulent transfers avoidable under Delaware law and the Bankruptcy Code, grant of shareholders' motion to dismiss is affirmed as, in accordance with prior case law, the payments were exempt settlement payments under section 546(e).




3

WellPoint, Inc. v. Comm'r of Internal Revenue

(United States Seventh Circuit) - Judgment of the Tax Court that plaintiff could not deduct from its taxable income either the amount it paid to the states or the legal expenses that it had incurred in the litigation, involving the acquisition of Blue Cross Blue Shield insurance companies, is affirmed as, under the application of the "origin of the claim" doctrine, costs incurred in defending the lawsuit were capital expenditures and so could not be deducted as ordinary and necessary business expenses.




3

St. Luke's Hosp. v. Sebelius

(United States DC Circuit) - In an action challenging the Secretary of Health and Human Services' denial of plaintiff's claim for reimbursement regarding a $2.9 million loss allegedly incurred by a Medicare provider when it merged with plaintiff through a "statutory merger," summary judgment for defendant is affirmed where: 1) the parties involved bargained in good faith and the consideration tendered reasonably reflected fair market value; and 2) the Secretary's application of the reasonable consideration requirement to the merger was not an impermissible retroactive imposition of a new standard as set out in PM A-00-76.




3

Lambrecht v. O'Neal

(Supreme Court of Delaware) - In a proceeding under Article IV, Section 11(8) of the Delaware Constitution and Supreme Court Rule 41 on a question of law certified to the Delaware Supreme Court from the United States District Court for the Southern District of New York, the court answers the certified question as follows: plaintiffs in a double derivative action under Delaware law who were pre-merger shareholders in the acquired company and who were current shareholders, by virtue of a stock-for-stock merger in the post-merger parent company, need not also demonstrate that at the time of the alleged wrongdoing at the acquired company: (a) they owned stock in the acquiring company, and (b) the acquiring company owned stock in the acquired company.




3

Emotional Debris Release New Singles 'Hey Roman' & 'California Song'

Inspired By The Events Of Los Angeles Summer 1969 Emotional Debris Introduces 2 Catchy Rock Records In Line With Quentin Tarantino's New Epic 'Once Upon A Time In Hollywood'




3

Roger D'Arcy Releases "Fool Me Once"

The Second Track From His Third Collection Of Songs Recorded In Some Of His Favourite Studios Around The World




3

The Indie Spotify Bible - Contact Information For Over 3000 Spotify Playlists!

Each Playlist Is Categorized By GENRE So You Can Easily Contact The Curators




3

ProgStock Festival, The American Northeast's Only Progressive Rock Music Festival, Returns To The Union County Performing Arts Center, Rahway, NJ, October 11-13, 2019

ProgStock Festival Was Founded To Give Artists And Fans In The Genre Of Progressive Rock A Place To Play




3

WE BELONG: Marina V & Dan Navarro Release A Beautiful Rendition Of Pat Benatar's Hit

Award-winning Recording Artist MARINA V Teams Up With Legendary Singer/songwriter, DAN NAVARRO, For Their Artistic Rendition Of PAT BENATAR'S 1984 GRAMMY-nominated Hit, WE BELONG




3

Xprnc Media Announces The 'Rise Above - ON TOUR' Marketing Program Empowering Artists To Directly Connect With Fans In-store At Media Retail

The 'Rise Above - ON TOUR' Marketing Program Is An Innovative, Unique And Low Cost Opportunity To Place Your Local Performance In Front Of Committed Music Fans And Store Staff Across All Your Markets




3

Ananya Joins Forces With Sean Kingston For 'Day Goes By'

One Of The First Collaborations Between Major Artists From India And The West




3

Merzbow Joins Forces With Haino And Pandi On Blisteringly Intense Improv 'Become The Discovered, Not The Discoverer' On RareNoiseRecords

Kindred Spirits Met When Japanese Noise Legend Merzbow Got Together In The Studio With Fellow Countryman Keiji Haino And Drummer Balazs Pandi For A New Recording On RareNoiseRecords




3

Mexico's Mike Rosales Releases "Just Feel"

Mexico's Mike Rosales Seeks To Rock The Underground House Scene With "Just Feel".




3

Asmo Releases New EP Album 'Consumed'

The Music Artist Known As Asmo Has Released His Latest EP Album, “Consumed.”




3

Dé strategie voor een succesvolle onderneming, ook na corona

De coronacrisis luidt een nieuwe werkelijkheid in met een grote economische recessie en een anderhalvemeter-samenleving. Dat vraagt van bedrijven en instellingen een kritische blik op hun visie, ambitie en strategie. Business as usual bestaat immers niet meer. Hoe ziet die nieuwe werkelijkheid eruit? Wat betekent dat op korte en lange termijn voor jouw organisatie? Wat […]




3

Zet in op een krachtig marketinginstrument: creëer fans

Fans. Veel bedrijven proberen van hun fans klanten te maken, maar het omgekeerde realiseren is net zo belangrijk. Een doorsnee klant kan zomaar overstappen naar een concurrent. Daarentegen zal een klant die echt fan is, je trouw blijven én anderen aanzetten om je product ook uit te proberen. Fans zijn daarmee grote aanjagers van aankoopbeslissingen. […]




3

6 redenen om juist wél in de avond actief te zijn op social media

Ben je ook zo benieuwd waarom het ene socialmedia-account moeizaam enkele likes bij elkaar schraapt? En het andere een levendige community is met veel bereik? Verschillende elementen dragen bij aan meer activiteit op je socialmedia-kanaal. Ik ontdekte: actief zijn in de avond kan een groot verschil maken. Dit is eigenlijk heel logisch. Juist ‘s avonds […]




3

Alyssa Milano Promotes Debunked Jimmy Kimmel Video Maligning Mike Pence: 'F*ck the GOP and This Administration'

Actress and left-wing activist Alyssa Milano has promoted a deceptively edited video about Vice President Mike Pence that was created by late-night talk show host Jimmy Kimmel -- even though the video has been debunked and Kimmel has publicly apologized for it.




3

Expert Suggests Alleged Mastermind of Venezuela's Failed Coup Is 'Double Agent' Working for Maduro

The Venezuelan military defector identified as the ringleader of the botched coup attempt in Venezuela was likely working as a "double agent" for the same man he allegedly attempted to overthrow, socialist narco-dictator Nicolás Maduro, Breitbart News has learned.





3

Charles Hurt: 'Demand Justice' Fight Back -- Against Judges Who Like the Constitution

Anti-democratic Democrats opened up a new front in their relentless war on an independent judiciary in America.





3

Mark Levin Celebrates Vindication of 'The Broadcast That Will Go Down in History'

Conservative radio host and litigator Mark Levin noted Thursday on The Mark Levin Show that he had been vindicated in his early suspicions that the outgoing Obama administration had staged a "silent coup" against President Donald Trump.




3

Leaked Call: Obama Warns 'Rule of Law Is at Risk' After Flynn Charges Dropped

Former President Barack Obama on Friday stated the "rule of law is at risk" in response to the Department of Justice dropping its criminal charges against retired Army Lieutenant General, Michael Flynn, according to an audio call obtained by Yahoo News.




3

Schiff: Trump, Barr 'Can't Gaslight History' -- Flynn Was a 'Prime Counterterrorism Risk'

Friday on MSNBC's "The Beat," House Intelligence Committee chairman Rep. Adam Schiff (D-CA) said Attorney General Bill Barr's Justice Department doing President Donald Trump's "dirty work" by dropping the case against former National Security Advisor Michael Flynn was an attempt to "gaslight history."




3

RNC Launches 'Protect the Vote' to Fight Left's Vote-by-Mail Scheme

The Republican National Committee (RNC) launched a digital platform on Friday called "Protect the Vote" as a response to the left's increasing attempts to use the coronavirus pandemic to push their election agenda items, such as universal mail-in voting.




3

Schumer: Vote by Mail 'Will Be a Very Important Part' of Next Coronavirus Bill

On Friday’s broadcast of MSNBC’s “All In,” Senate Minority Leader Chuck Schumer (D-NY) stated that vote by mail provisions “will be a very important part of the legislation that we’re going to put forward, and we are going to fight




3

Trump Campaign Slams California's Vote-by-Mail Order: 'Wide-Open Opportunity for Fraud'  

President Donald Trump's re-election campaign blasted California Gov. Gavin Newsom's (D-CA) executive order allowing registered voters in the state to vote by mail in the November election, calling it a "thinly-veiled political tactic" aimed at undermining election security. 




3

Hungary: 'Yes to Protecting Women, No to Gender Ideology, Illegal Migration'

Hungary's parliament has passed a declaration against signing the Istanbul Convention on preventing and combating violence against women because it smuggles in provisions declaring gender a "social construct" and allowing "gender-based asylum claims".




3

Queen Elizabeth Honours War Dead: 'They Died So We Could Live as Free People'

Queen Elizabeth II marked the 75th anniversary of Victory in Europe Day with an address to the British Commonwealth honouring the sacrifice of the fallen.




3

Maher: Trump Turning America 'Into a Failed State' 'More Important Than Tara Reade Achieving Closure'

On Friday’s broadcast of HBO’s “Real Time,” host Bill Maher discussed the sexual assault allegations made by Tara Reade against 2020 Democratic presidential candidate former Vice President Joe Biden and stated that the matter is a he said, she said,




3

Delingpole: Michael Moore Has Become a 'Hero' to 'Climate Deniers', Complains Guardian

"How did Michael Moore become a hero to climate deniers and the far right?" asks a disturbed and tearful George Monbiot in the Guardian. Simple: by speaking the truth, for a change.




3

Sanders: 'It Would Be an Economic Disaster' if Trump Didn't Fund Postal Service and It 'Went Under'

On Friday’s broadcast of MSNBC’s “All In,” Sen. Bernie Sanders (I-VT) discussed what kind of economic stimulus should be passed to respond to the coronavirus and stated that it would be “an economic disaster” if President Trump didn’t fund the




3

Ousted BARDA 'Whistleblower' Rick Bright: I Am Not Disgruntled -- 'I Am Frustrated at a Lack of Leadership'

Rick Bright, the former head of the Biomedical Advanced Research and Development Authority (BARDA), proclaimed by some in the media to be a "whistleblower" against the Trump administration, told CBS News that he was not a disgruntled employee.




3

GOP Rep. Aderholt: 'Cheap Products' from China Now Costing U.S. 'Dearly'

As the globe contends with the coronavirus pandemic, still looming large now more than ever is the threat posed by Communist China, which is something Rep. Robert Aderholt (R-AL) warns should not be taken lightly.




3

Cotton: Chinese Government Made a 'Conscious Decision' to Allow Coronavirus to Get Outside Its Borders

Friday on Fox News Channel's "Your World," Sen. Tom Cotton (R-AR) argued when determining how and whether or not China was responsible for coronavirus global pandemic, it was undeniable China allowed the virus to spread beyond its borders.




3

Despite Reported Under-Counts, Mexico Surpasses 3,100 Coronavirus Fatalities

Mexican health officials admitted to surpassing 3,100 COVID-19 related-deaths as cases continue to rise nationwide. The reports come despite repeated accusations of the government downplaying the true scope of the coronavirus pandemic




3

Kenyan Governors: We Can't Control Coronavirus with Open Border

Kenya's regional governors are calling on national authorities to close the country's borders as illegal migration from surrounding countries has caused an increase in imported coronavirus cases, Kenyan newspaper the Nation reported on Thursday.





3

Tucker Carlson: 'Sociopath' Adam Schiff 'Unfit to Hold Office,' 'He Should Resign'

Friday, Fox News Channel's Tucker Carlson called on Rep. Adam Schiff (D-CA) to resign given how the saga regarding former National Security Advisor Michael Flynn has unfolded, calling the California Democrat a "sociopath."




3

PA County Commissioner Slams Governor's Orders: Stop Running State as a ‘Dictatorship’

Jeff Haste, Pennsylvania's Dauphin County Board chairman, slammed Gov. Tom Wolf (D) in a letter on Friday for keeping a bulk of businesses closed, particularly in his county, and bluntly called on Wolf to “return our state to the people (as prescribed by our Constitution) and not run it as a dictatorship.”




3

73 Percent of U.S. Adults Say China Bears Responsibility for American Coronavirus Deaths

Nearly three-fourths of U.S. adults say China bears responsibility for American coronavirus deaths, a Morning Consult tracker poll released Friday revealed.




3

Axiom Foods, Inc. v. Acerchem Int'l

(United States Ninth Circuit) - In a civil procedure action, arising from a copyright infringement action brought by plaintiffs, American companies in the natural foods industry, against defendant, a UK limited company, after defendant sent an email newsletter containing plaintiffs' logos to 343 email addresses, the district court's dismissal for lack of personal jurisdiction is affirmed where defendant's suit-related conduct did not create a substantial connection with California.




3

Robles v. Domino's Pizza LLC

(United States Ninth Circuit) - Revived a lawsuit alleging that Domino's Pizza's website and mobile application were not fully accessible to blind or visually impaired persons. The plaintiff, a blind man, alleged that he had no way to order pizzas or other food online. Reversed the dismissal of his claims under the Americans with Disabilities Act and California law.