(United States First Circuit) - In an antitrust action, alleging that defendant's petitioning of the Puerto Rico Telecommunications Regulatory Board, government officials and tribunals, and commonwealth and federal courts to prevent plaintiff's application to provide internet protocol television service violated the Sherman Act, the district court's grant of summary judgment to defendant is affirmed where the facts of the case don't subject defendant to the sham exception of the Noerr-Pennington doctrine protecting the right to petition the government.

(United States Second Circuit) - Affirming the denial of the North American Soccer League's motion for preliminary injunction seeking Division II designation pending the resolution of its antitrust case against the United States Soccer Federation because they had failed to demonstrate a clear likelihood of success on the merits of their claim.

(United States Ninth Circuit) - Reversing a district court dismissal of claims that an ordinance authorizing collective bargaining between driver coordinators like Uber and Lyft violates and is preempted by the Sherman Antitrust Act because the act sanctions price fixing by private cartels of independent contractor drivers but affirming the dismissal of claims that the ordinance was preempted by the National Labor Relations Act and remanding for further proceedings.

(United States Supreme Court) - The US Supreme Court held that American Express (Amex) anti-steering provisions, in its agreement with merchants to prohibit merchants who take Amex cards from discouraging customers from using their cards in order for the merchant to avoid paying Amex a fee, do not violate the Sherman Antitrust Act.

(United States Second Circuit) - Affirmed that magazine publishers did not violate antitrust laws by trying to drive a wholesaler out of business. The wholesaler delivered magazines to retail stores and it alleged that when it tried to impose a surcharge on the publishers in 2009, they conspired to boycott and drive the wholesaler out of business. On appeal, the Second Circuit found that the wholesaler had presented insufficient evidence of a boycott scheme to survive summary judgment. The panel also affirmed summary judgment against the publishers' counterclaims.

(United States First Circuit) - Affirmed the dismissal of two putative antitrust class actions alleging that a pharmaceutical company took steps to block the entry of generic versions of its leukemia-treatment drug into the U.S. market. The plaintiffs, including several labor union benefit funds, claimed that the drugmaker engaged in anticompetitive conduct by bringing sham infringement lawsuits against manufacturers trying to enter the market with generic versions of that drug. Dismissing the complaints, the district court held that the plaintiffs had not plausibly alleged their claims, and the First Circuit affirmed.

(United States Ninth Circuit) - Held that the Federal Trade Commission Act could support an order compelling an online payday lender to pay more than $1 billion in monetary relief for unfair business practices. Two of the judges on the Ninth Circuit panel filed a concurring opinion to suggest that the court should rehear the case en banc to reconsider relevant circuit precedent.

(United States Fifth Circuit) - In a healthcare antitrust case, affirmed a protective order that said certain confidential business documents belonging to a non-party health insurer should be unsealed (but redacted) if and when they are filed on the public docket. The non-party sought stronger confidentiality protections.

(California Court of Appeal) - Affirmed the denial of an anti-SLAPP motion, in a lawsuit accusing certain organizations and individuals of attempting to restrain trade and monopolize a city's medical marijuana market.

(California Court of Appeal) - Upheld sanctions that the Department of Motor Vehicles imposed on a car dealer. The dealer should have returned buyers' down payments when it repossessed the cars after the buyers failed to obtain financing.

From Avery Burns, the new Acquisitions Editor for the Cumberland Law Review. Our theme for Issue 2 of Volume 51 is arbitration, mediation, negotiation, and other forms of the ADR practice. I am reaching out to see if you would be interested in possibly writing an article for the Law Review on any of the … Continue reading Cumberland Law Review Call for Papers →

A recent post anticipates that as we go through the current crisis, we will develop a “crisis new normal” and, after we recover from the crisis, a “normal new normal” (NNN).  At this point, governments, institutions, and individuals are still developing new routines as we wait out the crisis by doing things like sheltering in … Continue reading The Next New Normal in Law, Dispute Resolution, and Legal Education →

An article by Israeli historian Yuval Noah Harari, The World After Coronavirus, describes general dynamics of crises and particularly the current crisis: Many short-term emergency measures will become a fixture of life.  That is the nature of emergencies.  They fast-forward historical processes.  Decisions that in normal times could take years of deliberation are passed in … Continue reading Communication, Privacy, and Community in the New Normal →

As the economy is ravaged during the nation-wide lockdown, its impact on higher education is beginning to be reported.  Earlier this week the University of Arizona announced dramatic pay cuts and furloughs, which are detailed below.  Expect this to the be first of many such announcements as this economic crisis continues. Pay cuts and furloughs … Continue reading Furloughs and Pay Cuts in Higher Education Have Begun →

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 →

 We are very fortunate to belong to a very generous community of law school colleagues who teach dispute resolution. One reflection of colleagues’ generosity is our freely sharing resources with each other.  My law school has hosted the Dispute Resolution Resources in Legal Education (DRLE) website to facilitate this sharing.  In particular, we have collected … Continue reading Calling All Syllabi →

The Department of Education today issued the long-awaited rules governing the administration of Title IX in universities and K-12. According to the press release, the “key provisions” of the Department of Education’s new Title IX regulation are: Defines sexual harassment to include sexual assault, dating violence, domestic violence, and stalking, as unlawful discrimination on the … Continue reading Issuance of Title IX Rules Governing Educational Institutions →

Music Resource Group Today Announced The Official Call For Entries For The 18th Annual Independent Music Awards (IMAs) To Honor The Year's Best Indie Music & Visual Design Work From Around The World.

(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) - Reinstated a lawsuit alleging that an insurance company wrongfully denied coverage to a hospital medical director under a Directors and Officers insurance policy. The insurer argued that the loss was not within the scope of the insurance policy because it pre-dated the policy. Unpersuaded, the First Circuit vacated the entry of summary judgment for the insurer and remanded the case for further proceedings.

(United States First Circuit) - Reinstated a university professor's claims that she was retaliated against in violation of Title VII and the Maine Human Rights Act. The professor alleged that she was transferred to a different department and suffered other retaliation after she complained of being sexually harassed by her department chair. Agreeing that genuine disputes of material fact existed, the First Circuit reversed the entry of summary judgment for the university and remanded.

(United States First Circuit) - Held that a professional liability insurer had no duty to defend a physician who was accused of improperly accessing his ex-wife's medical records so he could harass and embarrass her. In this declaratory judgment action, the insurer argued that it had no duty to defend the physician from his ex-wife's legal claims, which had been filed in state courts in Maine and Maryland. The First Circuit agreed that the matters fell outside the insurance policy's coverage, and affirmed summary judgment for the insurer.

(United States First Circuit) - Affirmed the dismissal of two putative antitrust class actions alleging that a pharmaceutical company took steps to block the entry of generic versions of its leukemia-treatment drug into the U.S. market. The plaintiffs, including several labor union benefit funds, claimed that the drugmaker engaged in anticompetitive conduct by bringing sham infringement lawsuits against manufacturers trying to enter the market with generic versions of that drug. Dismissing the complaints, the district court held that the plaintiffs had not plausibly alleged their claims, and the First Circuit affirmed.

(United States First Circuit) - Affirmed a take-nothing judgment in an action alleging mainly that a law enforcement officer unconstitutionally used excessive force while executing a search warrant. The plaintiff challenged the exclusion of certain evidence. The First Circuit rejected her arguments because her grounds for attacking the challenged evidentiary rulings were not advanced below.

(United States First Circuit) - Reinstated a lawsuit alleging that a health insurance company improperly denied coverage for in-patient mental health services. After several unsuccessful administrative appeals, the insured sued the insurance company under ERISA, claiming that all of her time spent at a mental health residential treatment facility was medically necessary and thus should have been covered under an employer-provided healthcare plan. On appeal, the First Circuit vacated an order granting summary judgment for the insurance company, holding that the district court should have allowed the insured to supplement the administrative record.

Toronto-based Rock Band, Across The Board Will Release Their Second Full-length Album, "Sonic Boom" On May 4, 2018. Produced And Recorded In Toronto By MC2 Music Media, The Album Pays Homage To A Band

Award Winning Canadian ProduceCJ Stain Tackles Social Injustice With Hit Single 'One' With Gender Culture

Which Names Spring To Mind When You Think Of Folk Rock Music? Jethro Tull, Perhaps?

Canadian Singer Jordan St.Cyr, Who Recently Was Selected As CMUnited’s Artist Of The Year At The 1st Annual Christian International Talent Contest, Is Releasing A New Single To U.S. Christian Radio

Beyond The Sun, The Canadian Reared Trio Of Brothers, Premiered Their Latest Release STOP On All Major Online Retailers Today.

Bongo Boy Music Group/Bongo Boy Records Are Very Excited To Sign A Complete Full-length Album By Talented Canadian Recording Artist Frank Trousdell.

Award-winning Canadian Singer-songwriter Tia McGraff Has Announced Her CD Release Party For New Album, "Stubborn In My Blood," (out August 13th.)

The series was moved up two months to provide content-starved fans with something new to watch during the coronavirus pandemic. ESPN was originally planning to release the documentary in June, coinciding with what would have been this season’s NBA Finals.

The Joe Exotic phenomenon keeps growing, with Nicolas Cage to star in a TV miniseries about the colorful wild animal owner made famous by the “Tiger King” docuseries.

Billy Liptrot is making the transition from prison to life on the outside just as one of the nation's hottest economic streaks has imploded in the face of a global pandemic. But the 38-year-old husband and father is optimistic as he undertakes training for what he hopes will lead to a career as a carpenter in the home building industry. And the industry says years of "under building" could help the industry bounce back as the economy improves.

Sixty years ago, a young president urged us to ask what we could do for our country. We have not heard that challenge since. But now our health and economic threats require us to renew that challenge and recover the ideal of service.

In the midst of the constant up-and-down of coronavirus news, both from science and the markets, it’s easy to lose sight of the scariest scenario of them all: the one where there’s no magic bullet. In this entirely plausible situation, there would be no effective Covid-19 vaccine or transformative therapy; the combination of testing and contact tracing wouldn’t successfully suppress the outbreak; and herd immunity would come, if at all, only after millions of deaths around the world.

How strong is our economy if it can’t absorb shocks? If growth comes at a great expense to future generations? And where is the scorecard that tells us how we are actually doing?

The Denver Center for the Performing Arts, one of the country's largest nonprofit theater organizations, is shuttering many of its 2019-2020 shows in light of new public health guidelines provided by the state and city during the coronavirus pandemic.

The Denver Center for the Performing Arts is reducing staffing costs by more than 50% and announcing a new round of show cancellations in an effort to stem millions of dollars in losses due to the coronavirus shutdown.

The Tony-winning, nationally touring Broadway musical "The Book of Mormon" on Tuesday canceled its Denver dates amid a cross-country shutdown related to the coronavirus pandemic.

Dazbog, the Denver Center for the Performing Arts, Pizza Republica and others that rent city-owned space have the option to defer rent payments for three months this year.

The novel coronavirus pandemic has been a challenge for dozens of metropolitan district board candidates across Colorado as they grapple with stay-at-home orders and social distancing impacting their campaigns.

Members of the Acacia Tenants Union in Denver have posted banners saying "Don't Pay May" and "Rent Relief Now" after failing to reach terms for rent relief with their landlord, Olive Bark LLC.

Although the deadly coronavirus has wreaked havoc with all aspects of American life, there are people who optimistically believe there can be baseball in 2020, if all major-league teams play in a bubble down in Arizona.

Jakub Dombek will attempt to make a career out of college basketball at Hartford. The former Colorado Buffaloes forward announced via his Instagram account that he has committed to the University of Hartford.

Whenever Colorado Buffaloes football and basketball contests are back on the air, the calls will originate from familiar homes.

Xtreme Pro Apparel, a sports attire company based in Broomfield, specializes in producing anti-microbial fabric necessary for wrestling singlets to combat skin disease. Now it will make face masks to assist in combating the coronavirus.

Hunkered down in Georgia, certain his tomato plants will reach for the sun as the invisible fog of coronavirus begins to recede, Edwin Moses feels blessed. Tilling the red clay of a vegetable garden, Moses is safe at home, a 64-year-old legend filled with gratitude for health as solid as Olympic gold. The greatest hurdler […]

Metro district developers and home builders in Colorado are major campaign contributors to elected officials where they have developments. Developer Pat Hamill of Oakwood Homes is a major contributor, no more so than the Ebert Metropolitan District in Denver where his company is its developer.