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Newark Cab Association v. City of Newark

(United States Third Circuit) - Affirmed the dismissal of taxi operators' constitutional challenge to an agreement that the City of Newark entered into with the ride-sharing service Uber. The taxi operators claimed that the City had violated their constitutional and state law rights by subjecting Uber and similar ride-sharing services to less onerous regulations than those imposed on taxi and limousine operators. Unpersuaded by these arguments, the Third Circuit held that the potentially unfair situation created by the City's decision could not be remedied through the plaintiffs' constitutional and state law claims.




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Levins v. Healthcare Revenue Recovery Group LLC

(United States Third Circuit) - Reinstated a claim that a debt collector violated the Fair Debt Collection Practices Act by leaving telephone voice messages that did not use its true name. The plaintiffs filed a class-action complaint alleging that the debt collector left pre-recorded messages on their phone that did not state the caller's correct name. Reversing the district court, the Third Circuit held that they stated a plausible claim for relief under the statute's true-name provision, though the panel affirmed the dismissal of their other causes of action.




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US ex rel. Silver v. PharMerica Corp.

(United States Third Circuit) - Reinstated a False Claims Act lawsuit alleging fraud in connection with the sale of pharmaceutical drugs to nursing homes. The defendant company, which owns and operates institutional pharmacies, argued for dismissal of the qui tam action on the ground that the allegation was already known to the public, and the district court agreed. Reversing and remanding, the Third Circuit held that the relator's allegation had not previously been publicly disclosed.




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In re Buccaneer Resources LLC

(United States Fifth Circuit) - Held that a fired chief executive officer could sue the company's secured creditor in state court. Affirmed that his tortious interference claim belonged in state court rather than in the company's bankruptcy proceeding.




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The PACA Trust Creditors v. Genecco Produce Inc.

(United States Second Circuit) - Affirmed a judgment in a dispute between two creditors of an agricultural produce company that filed for Chapter 7 bankruptcy. One of the creditors was another produce company that did business with the debtor. Because the goods were perishable agricultural commodities, the case involved the federal Perishable Agricultural Commodities Act.




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In re Calvert

(United States Seventh Circuit) - Held that the sole owner of an electrical contracting company could discharge a debt in bankruptcy. The National Labor Relations Board had ordered him to provide backpay to employees he had terminated after their attempt to unionize the company. Affirmed that the debt was dischargeable in his Chapter 7 bankruptcy proceeding.




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In re Picard

(United States Second Circuit) - Held that a bankruptcy trustee may attempt to obtain property that Bernard Madoff's investment firm transferred to foreign entities that subsequently transferred it to other foreign entities. The transferees contended that the Bankruptcy Code's provisions did not extend extraterritorially in this manner. Disagreeing, the Second Circuit held that neither the presumption against extraterritoriality nor international comity principles barred the trustee from recovering in these consolidated actions. The panel vacated the bankruptcy court judgments and remanded.




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Thomas v. Department of Education

(United States Fifth Circuit) - Affirmed. A bankruptcy court's denial of a request to discharge a 60 year-old disabled former student's debt was affirmed. She failed to establish a showing of undue hardship. She had shown an inability to maintain a minimal standard of living because expenses exceeded income, but couldn't establish that her current condition would persist for a significant portion of the loan repayment period.




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Double Eagle Energy Services v. MarkWest Utica EMG

(United States Fifth Circuit) - Vacated and remanded. Subject matter jurisdiction is determined when the federal court's jurisdiction is first invoked, so although subsequent changes eliminated the basis for jurisdiction the propriety at the time of filing supported the continuation of the case.




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Colorado legislature can resume its regular session after breaking for coronavirus, Supreme Court rules

Colorado lawmakers don't have to meet for 120 consecutive days during a declared public health emergency, the Colorado Supreme Court ruled in a narrow decision Wednesday.




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Colorado lawmakers could return to the Capitol as early as May after breaking for coronavirus

Colorado lawmakers are hopeful that they'll be back at the Capitol as early as May, but they caution that it will depend on the advice of experts and whether the state's state-at-home order is still in place.




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Colorado state employees’ raises at risk because of coronavirus’ economic impact

Colorado lawmakers may forgo raises next year as they anticipate having to make major changes in the overall state budget -- including eliminating raises for all state employees.




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Colorado’s Democratic lawmakers call on community, colleagues to denounce hate, bigotry during coronavirus pandemic

Democratic state lawmakers say hate and bigotry are on the rise during the COVID-19 pandemic and they’re asking Coloradans to join them in condemning it.




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Colorado Democrats “cautiously optimistic” about “safer at home,” despite concerns over rollout

When some of Colorado's Democratic lawmakers found out about Gov. Jared Polis's decision not to extend the state's coronavirus stay-at-home order and instead allow certain types of businesses to soon begin reopening, they were frustrated.





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At The Opera, Puccini's Manon Lescaut, March 7, 2020

Tune in at 8pm to hear Puccini's first operatic success Manon Lescaut staring Renata Tebaldi and Mario del Monaco recorded in 1960.




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At The Opera, Bizet's Carmen, March 28, 2020

Tune in at 8pm to hear Bizet's Carmen staring Jessye Norman and Mirella Freni.




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JONES v. SERVICE ELECTRIC CABLE TV INC

(US 3rd Circuit) - No. 19-2522




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Cannon v. Village of Bald Head Island

(United States Fourth Circuit) - Affirming the district court's denial of qualified immunity regarding alleged due process violations in the case of the firing of emergency personnel officers involved in a group text-message chain that questioned the competence to perform various emergency services, workout tips, sexual gibes, and other inappropriate content, but concluding that the district court erred in holding that officials were not entitled to qualified immunity as to First Amendment retaliation claims and reversing and remanding on those grounds.




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Netro v. Greater Baltimore Medical Center, Inc.

(United States Fourth Circuit) - Affirming the district court's determination that a hospital did not fail to pay funds owed Medicate for the treatment of the plaintiff's mother, despite being a bit late in their payment, meaning that the plaintiff was not entitled to double damages under the Medicare Secondary Payer Act.




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T.B., Jr. v. Prince George's County Board of Education

(United States Fourth Circuit) - Affirmed that a school district did not deprive a former student of his rights under the Individuals with Disabilities Education Act. The student claimed he should have been identified as a candidate for special education and that the school district failed to provide him a free appropriate public education. While agreeing that the school district had committed a procedural violation of the Act, the Fourth Circuit agreed with the district court that the violation did not actually deprive the student of a free appropriate public education.




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Manning v. Caldwell

(United States Fourth Circuit) - Rejected a constitutional challenge to Virginia's interdiction statute, under which a person can be civilly designated a habitual drunkard and subject to restrictions on using or possessing alcohol. Four homeless people suffering from alcoholism who each had been prosecuted at least eleven times for violating their interdiction orders challenged the statute's constitutionality under the Eighth Amendment's prohibition on criminalizing status, and the Fourteenth Amendment's guarantee of Due Process and Equal Protection. Affirming dismissal of their putative class action, the Fourth Circuit held that they failed to state a claim.




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Fred Casimir To Develop BMG's Global Recordings Business

As Well As Building BMG's European Infrastructure, Casimir Was Instrumental In Developing BMG's Recordings Business







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Put on Your Own METALLICA Show During the Pandemic With This Mini-'Master of Puppets' Playset

When it first made its debut fifteen years ago, this adorable Metallica "Master of Puppets" playset (made by Stevenson Entertainment...

The post Put on Your Own METALLICA Show During the Pandemic With This Mini-'Master of Puppets' Playset appeared first on Metal Injection.











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Versatile Haitian American Singer/Songwriter Natalie Jean Wins Versatile Artist Of The Year!!

Natalie Jean Is A Very Rare Kind Of Vocalist. Winning Recognition Across The Most Diverse Of Musical Genres And Quite Comfortable Performing In English, French, Haitian Creole, And Spanish.




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PISTELLO v. BOARD OF EDUCATION OF CANASTOTA CENTRAL SCHOOL DISTRICT

(US 2nd Circuit) - 19-1058-cv




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SIFTING Shred Downtown Los Angeles Rooftops With Smoke Grenades And Progressive Metal In New 'Stop Calling Me Liberty' Music Video

New Album The Infinite Loop Out September 27th, Guest Performance By Derek Sherinian (Sons Of Apollo, Dream Theater)




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DeFox Records Launch Card Disk

Respecting The Environment And A More Sustainable Future, Against Waste And The Use Of Plastic, DeFox Records Will Launch A Special Limited Edition Of Card Disk On The Market.




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You can pay to have one of these Erie sanctuary animals join your next video conference call

Look at that face!




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Editorial: Trump is playing a disgusting political game with our lives

President Donald Trump is treating life-saving medical equipment as emoluments he can dole out as favors to loyalists. It’s the worst imaginable form of corruption -- playing political games with lives. For the good of this nation during what should be a time of unity he must stop.




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Tobias Bermudez Chavez, et al. v. Occidental Chemical Corp.

(United States Second Circuit) - Questions on appeal concern cross-jurisdictional tolling of a class action. Because the appeal presents state law questions that New York’s courts have yet to address, the court certifies the case to the New York Court of Appeals.




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Jeffrey Siegel, et al. v. HSBC North America Holdings, Inc. and HSBC Bank USA, N.A.

(United States Second Circuit) - Affirmed. The district court granted Defendants’ motion to dismiss for failure to state a claim. Plaintiffs failed to plausibly allege that the defendants knowingly aided or abetted November, 2005 attacks in Jordan.




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The lightest, brothiest soup recipe for when you can’t eat another bite

Even a person as enthusiastic as I am about home cooking can feel fatigue, and six going on seven weeks of this quarantine, I am feeling it. It’s not so much the cooking. It’s the eating -- probably because I am doing it all day long.




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This focaccia isn’t your garden-variety flatbread recipe

In kitchens across the world, focaccia gardens are blooming. On top of the flatbreads, cherry tomatoes open like petals, with long scallion stalks for stems. Yellow-pepper sunflowers stand tall with Kalamata olives at their center. Red onions bud in bushes made from fresh herbs.




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Streaming & Listening Diversity - Spotify Case Study

Will Artists Have An Easier Time Finding An Audience, Or Will Streaming Focus Global Attention On A Small Number Of Stars?




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Is Podcasting The New Radio?

25% Of Surveyed Americans Say They've Listened To A Podcast In The Past Month, Up From Less Than 10% In 2008




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Federal judge in Denver rules funding cannot be withheld from law enforcement by using immigration-related terms in grants

The U.S. Justice Department can not withhold millions of dollars in federal funding to Colorado law enforcement agencies by attaching immigration-related terms and conditions to securing the grants according to a federal judge's ruling.





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Connecticut Ironworkers Employers Association, Inc. v. New England Regional Council of Carpenters

(United States Second Circuit) - Vacating the district court's determination that a carpenters union was entitled to summary judgment as to Sherman Act Antitrust charges, but affirmed summary judgment for them as to unfair labor practices charges in a case where the union used subcontracting to include ironworking in their activities because the union did not qualify for the non-statutory exemption to antitrust liability, but qualified for the construction industry proviso.