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Mantikas v. Kellogg Co.

(United States Second Circuit) - Revived a consumer lawsuit alleging that Cheez‐It crackers are misleadingly labeled as being whole grain. Held that the proposed class action complaint plausibly alleged that the labeling is deceptive.




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Zabriskie v. Federal National Mortgage Association

(United States Ninth Circuit) - Held that Fannie Mae is not a consumer reporting agency and thus could not be sued over a false credit report. Consumers alleged that the government-sponsored mortgage market entity had provided false information about their credit history via a software tool it provides for mortgage lenders to use. In a 2-1 decision, the Ninth Circuit concluded that Fannie Mae was entitled to summary judgment because it did not fall within the definition of a consumer reporting agency under the Fair Credit Reporting Act.




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Kolbasyuk v. Capital Management Services, LP

(United States Second Circuit) - Held that a consumer could not proceed with a claim that a debt collection letter unlawfully failed to inform him of certain information. Affirmed the dismissal of his proposed class action lawsuit against the debt collector under the Fair Debt Collection Practices Act.




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Gingras v. Think Finance, Inc.

(United States Second Circuit) - Held that tribal sovereign immunity did not bar borrowers from pursuing legal relief against an online lending business owned by an Indian tribe. The borrowers contended that the loans had unlawfully high interest rates. Affirmed the denial of a motion to dismiss on grounds of sovereign immunity.




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CTIA - The Wireless Association v. City of Berkeley

(United States Ninth Circuit) - Affirmed. An organization of wireless providers appealed the district court's denial of a preliminary injunction in their challenge of a Berkeley ordinance requiring cell phone retailers to warn potential buyers that carrying a phone could cause them to exceed FCC guidelines for exposure to radio-frequency radiation.




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What Do Our Kids Need to Learn about Easter?

This theological abstract reality needs support all year round for any of us to believe it.

When it comes to explaining Easter to our children, we bump up against the same problems every year. First of all, our culture doesn’t point to Easter. There are no Easter songs playing on the radio. There are no parties in the lead up or the aftermath. Compared to Christmas, Easter just happens, with little cultural recognition other than a few minutes of interest in egg dying techniques. In contrast, even for nominal Christians, most of December in America directs itself toward what has more or less become a national celebration on December 25th. Sure, many people celebrate without direct reference to Jesus, but as I’ve written before, without his birth there would be no reason for the tinsel and the mistletoe.

We might bemoan the materialism of Christmas, but as parents we can also use it to our advantage. Everyone is paying attention. Schools take a break. Gift giving all around. It’s on the radio, in the mall, in our homes and in our churches. With Easter, not so much. One of my children has Good Friday off, but the others keep apace with their schoolwork. Ballet rehearsal is on for this Saturday. It’s easy to forget that we are preparing to mourn the death of Jesus and celebrate his resurrection in a few short days.

Secondly, my kids don’t retain the Easter story very easily. They remember eggs and bunnies from last year. They remember the sugar rush, and they are ready for more. But the theological narrative of Easter—that doesn’t linger in quite the same way. At Christmas, presents and special treats abound, but we also have the nativity scene and a birthday party for Jesus. Throughout the month of December, our children move the physical characters around and enact ...

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Has Mindfulness Supplanted Thoughtfulness?

Love always requires sacrifice.

“Mindfulness” is a buzzword these days. As a recent article in the Sunday New York Times points out:

. . . mindfulness has come to comprise a dizzying range of meanings for popular audiences. It’s an intimately attentive frame of mind. It’s a relaxed-alert frame of mind. It’s equanimity. It’s a form of the rigorous Buddhist meditation called vipassana(“insight”), or a form of another kind of Buddhist meditation known asanapanasmrti (“awareness of the breath”). It’s M.B.S.R. therapy (mindfulness-based stress reduction). It’s just kind of stopping to smell the roses. And last, it’s a lifestyle trend, a social movement and — as a Time magazine cover had it last year — a revolution.

Many Christians will be skeptical of mindfulness simply due to its Buddhist roots, and yet at first glance, there’s something attractive about it. In the midst of an overworked, consumerist culture or production and competition, couldn’t mindfulness offer us all something true and good? Awareness of the present moment—my own emotions, the states of being of those around me, the possibilities inherent in right now—aren’t those all good?

At a glance, sure. And yet, as the author (Virginia Heffernan) of the Times’ piece goes on to note, our current fad of mindfulness is often employed in service of the same work-fueled consumerist values. It will make us, and our children, more productive and less anxious, right?

I think back to my own attempt at greater mindfulness during an exercise “challenge” I committed to with a few friends last year. I pledged to write down everything I was eating and drinking, ...

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Love Is Slow, but It Lasts

Final thoughts on family, faith, and what matters most.

When I first met my husband I was 16 years old. I would have said I fell in love with him immediately. We stood in the darkness of an October night and talked and talked. Two months later we exchanged those words—I love you—also whispered in the dark of night. But it took five more years before we were married, and in that time, that intense emotion that had carried us through the early months became more measured. I still felt giddy when I saw him. I still wanted to spend my life with him. I still counted him as my best friend. But true love, I learned, is slower than that initial emotional and physical connection led me to believe.

Loving our kids was similar. I felt a surge of affection (hormones?) after they were born. I felt fierce protective instincts. I was willing to sacrifice sleep and energy. But building that base of love with them took years. it went slowly. It felt as though the feeling of love was interrupted by the reality of changing diapers and spraying avocado off clothing and willing myself out of bed for one more trip to the potty in the middle of the night. But over time I learned that those moments I saw as interruptions were in fact the seeds of love. Over time, they grew.

In Matthew 13, Jesus tells a parable about the word of God. He says it is like a farmer sowing seed. He says that it falls on all different types of soil, and that when it falls on good soil it grows. I’ve always wanted to have good soil, to be the one whose faith grows firm and strong forever. Truth be told, there have been plenty of seasons where my life resembles the hard soil or the soil that produces quick growth and quick demise. But I’ve only recently noticed that the seed in the good soil, even ...

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Rachael Sage Releases New Single, All Proceeds To Benefit Women's Cancer Research

Rachael Sage Has Released A New Single, “Bravery’s On Fire" After Revealing Cancer Diagnosis; All Proceeds From Single And Charity Shows To Benefit Women's Cancer Research.




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Alt Rock Band Last Kiss Goodnight To Release Much-Anticipated Debut Album Immortal After Immediate Success At Radio

The Critically-Acclaimed Group Netted The #4 Most Added Spot On The Billboard Mainstream Indicator Chart & Was The #1 Most Added On The Foundations Chart Week




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A Trio Of Mexican Producers Come Together For Hard-hitting Techno Release ‘Fear The Noise’

Thick Smoke Clouds The Air As Thunderous Booms Shake The Ground.




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Montreal Hip-Hop Collective Triple-R Release Debut Album “Red Rum Records” Featuring Tracks With Swollen Members, Doom Squad, Demrick, And More

Montreal Hip-hop Collective Triple-R Has Signed With Squash Comp And Released Their Debut Album “Red Rum Records”




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Stephanie Ryann Releases Her Official Music Video For "Whiskey Regret"

Rising Country Artist, Stephanie Ryann, Has Released Her First Music Video For The Song "Whiskey Regret" Off Of Her Debut, Self-titled EP To Commemorate The Anniversary Of Its Release Last October




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CLOE WILDER RELEASES HEART-STOPPING MUSIC VIDEO FOR NEW SINGLE, “Save Me.”

Cloe Wilder Releases The Music Video For Her New Single.




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Prog Legends Nektar Release New Single “SkyWriter”

Available On 12-inch Vinyl, CD Single And Digitally.




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Alias Wayne New Single “Ring Of Fire”

Alias Wayne New Single “Ring Of Fire”




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Curren$y, Trademark & Young Roddy Share "Big Dogs" Ahead Of October 11th Album Release

Curren$y, Trademark And Young Roddy Have Set The Stage For Their Long-awaited Full-length Album, "Plan Of Attack", Dropping Worldwide On Oct. 11th.




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CapChat: Round Up Of Presidential Candidates In Nevada; California As The 'State Of Resistance'

Democratic presidential candidates Massachusetts U.S. Sen. Elizabeth Warren and Former Vice President Joe Biden held dueling rallies in Reno and Carson City Wednesday night. California U.S. Sen. Kamala Harris is due in Nevada today.

In a conversation yesterday with CapRadio’s Capitol Bureau Chief Ben Adler, host Beth Ruyak talked about recent changes in California poll rankings of the top candidates: Warren, Biden, Harris and U.S. Sen. Bernie Sanders.  These trends are mirrored in national poll trends, with Warren surging and Harris falling behind.

In the “State of Resistance” currently known as California, Gov. Gavin Newsom and Attorney General Xavier Becerra are keeping up the pressure, filing lawsuits against the Trump administration. With the end of the legislative session, Ben and Beth also talked about stylistic differences between Newsom and former Gov. Jerry Brown. Newsom is focused in many areas at the same time, including the battle with the federal government. Brown was focused on a smaller number of concurrent issues.

And, finally, we discuss the state of the Republican party in California.




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Capitol Chat: State Refuses To Release Sexual Harassment Complaint Data Since January

Public records requests are tricky and can often take weeks, or longer, before a reporter hears back. And sometimes, the request is denied and the reporter is left without vital data.

CapRadio’s Capitol Bureau Chief Ben Adler has submitted records requests for sexual harassment complaint data from the California Legislature, but officials have refused to provide data on complaints made since January 31, 2019. On the latest Cap Chat, he details what this could mean for how the state handles these claims in the future.





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Working with the WordPress admin_body_class function

For some reason, there are multiple functions in WordPress that do similar things but require different approaches. On the surface, you’d think the admin_body_class function would work the same as…

The post Working with the WordPress admin_body_class function appeared first on bavotasan.com.




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Themes By Bavotasan Is Becoming Bandicoot Pro

In November 2017, we here at Bandicoot Marketing acquired Themes By Bavotasan from Chris. It was great to meet Chris during the acquisition and hear about all of the hard…

The post Themes By Bavotasan Is Becoming Bandicoot Pro appeared first on bavotasan.com.




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Rua Das Pretas Releases Beautiful New Album, Video; MOJO: “This Is A Very Different Beast”

When These Lisbon-based Musicians Perform It’s Not A Show, It’s A Party, And It's Not A Party, It's A Gathering Rua Das Pretas Is A Lisbon-based Gathering Of International Musicians.




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otter's Daughter To Release New Single “Blood And Water” Featuring Renaissance Legend Annie Haslam On August 8th!

The Single Will Be Available Digitally, CD Single And Limited Edition 7-inch Vinyl




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Oregon Reggae Band INDUBIOUS To Release Their New Full-Length Album BELEAF Featuring Special Guests Satsang, The Elovators, And Michael Leslie

BELEAF, Which Releases In Stores And Online Worldwide August 16, 2019, Is A 14-track Powerhouse That Promises To Be Their Strongest, Clearest, And Most Authentic Work Yet.




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Welcome Patrick Mathias AKA Password To The Ordior Rights Management Roster!

Ordior Has Signed Patrick Mathias Aka Password For A World Wide Exclusive Publishing And Administration Agreement!




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Ethereal Wave & Neo-psychedelic World Beat Artist, Simrit, On Tour For New Album Release/Upcoming Concerts

Ethereal Wave & Neo-Psychedelic World Beat Artist, Simrit, Set To Release Her Seventh Full Length Album, 'When We Return', In Early November 2019




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2019 Texas LoopFest Performance Video

Video Archive Of The 2019 Texas LoopFest Is Now Posted




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Mark Messam Releases New Single 'Best Friend'

The Music Artist Known As Mark Messam Has Released His Latest Single, “Best Friend.”




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Interview With Finland-based Guitarist Pauli Saksa

Fusing Jazz, Rock, And Pop "Fragments & Fusion" Marks Debut Of Guitarist Pauli Saksa




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Why Singapore Stock Broker-Turned-Entrepreneur Is Bullish On Asian Pop

Stock Broker-turned-entrepreneur Alan Chan Sets Sights On Investing In Not Just Kpop, But The "Asian Pop" Entertainment Business




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IZotope Masters Q&A Series, Part 3

Dave Whitehead, Master Of Audio For Sound Design




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'AIMP Nashville Pubcast' In-Depth Publisher Interview Series

Debut Episode Of Weekly Series Features Conversation With Ree Guyer Of Wrensong Music




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Nielsen Release Music 360 China Report

For The Most Affluent Music Listeners In China, Live Events Are Even More Popular Than They Are In The U.S.




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Bay Area Reggae/Latin Powerhouse BAYONICS Sets Worldwide Release Of Their Highly Anticipated New Album RESILIENCE

BAYONICS Will Release Their New Album RESILIENCE In Stores And Online August 2, 2019.




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Ivan Enriquez Releases New Video Single 'Perdona'

The Music Artist Known As Ivan Enriquez Pons Has Released His Latest Single, “Perdona.”




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Gabriel Cancela Releases His New Hit Single *Into You* The 16th Of August 2019

Gabriel Cancela Is Poised To Release His New Single “Into You” On August 16th. Known To Many For His Appearance On Swedish Idol In 2017, Cancela Brings His Take On Modern Latin-Pop With An Abundance O




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Versatile Haitian American Singer/Songwriter Natalie Jean Releases Spanish Holiday Single

Natalie Jean Is Excited To Announce Her Collaboration With Songwriters Bruno Vallelunga And Latin Grammy Nominee Danilo Gossain, Titled “Nostalgia De Navidad”.




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Luxor Cabs, Inc. v. Applied Underwriters Captive Risk Assurance Co.

(California Court of Appeal) - Held that an insurance company could not force an insured taxi cab company to arbitrate a workers' compensation insurance dispute. Affirmed the denial of the insurer's motion to compel arbitration.




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Aspic Engineering and Construction Co. v. ECC Centcom Constructors, LLC

(United States Ninth Circuit) - Held that an arbitrator made an "irrational" decision in a contract dispute between two government contractors. Affirmed the district court's vacatur of the arbitration award, in this case involving contracts to construct buildings and facilities in Afghanistan.




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Vasquez v. San Miguel Produce, Inc.

(California Court of Appeal) - Held that temporary workers assigned to pack produce for a produce company must arbitrate their claims alleging labor law violations, because their staffing firm contract mandated arbitration. It was inconsequential that they chose not to name the staffing firm in their complaint. Reversed and remanded with directions to compel arbitration.



  • Dispute Resolution & Arbitration
  • Labor & Employment Law

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Castro v. Tri Marine Fish Co. LLC

(United States Ninth Circuit) - Held that an order issued by an arbitrator in the Philippines was not an arbitral award entitled to enforcement under a United Nations convention on recognition of foreign arbitral awards, based on the particular circumstances here. Reversed and remanded, in this case involving a fishing vessel crew member's personal injury claim.




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Light-Age, Inc. v. Ashcroft-Smith

(United States Fifth Circuit) - Upheld an arbitration panel award to an attorney in a fee dispute with a corporate client. Held that the client waived its challenge to the panel's composition by failing to object at the time of the arbitration hearing.




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YPF S.A. v. Apache Overseas, Inc.

(United States Fifth Circuit) - Upheld an arbitration award in a business dispute involving one company's sale of certain assets to another. Affirmed the district court's confirmation of the arbitration award.



  • M&A
  • Dispute Resolution & Arbitration

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British Metal Legends TANK Release New Video “W.M.L.A”

The Album Features Re-recordings Of 11 Classic TANK Songs Chosen From The First Four Albums And Given A New Lease Of Life With A Much More Up To Date Production And Renewed Energy.




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Kelly Fraser Debuts EDM Pop Music Video “Rebound Girl”

Canadian Inuk Kelly Fraser Has Been Making Waves With Her Single “Rebound Girl” Gaining Commercial Radio Play Across Canada.




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Rua Das Pretas Releases Beautiful New Album, Video; MOJO: “This Is A Very Different Beast”

When These Lisbon-based Musicians Perform It’s Not A Show, It’s A Party, And It's Not A Party, It's A Gathering Rua Das Pretas Is A Lisbon-based Gathering Of International Musicians.




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New Music Video - Walkers [Downtempo Future Bass]

Theo Dor Releases His New Music Video Walkers Out On Louis Capet XXVI Records




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Bring Country Back To That Classic Sound.. Brenda Cay!

Amazing County Music Artist Brenda Cay Harkens You To The Days Of Jeannie Riely, June Carter Cash And Brenda Lee, It’s Not Your Usual Lick Of




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Chicago R&B And Soul Singer Brandon James Has Released His New Music Video "So Emotional"

Chicago, IL August 8th, 2019 - R&b And Soul Singer Brandon James Has Released His New Music Video For The Single "So Emotional."