(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 Second Circuit) - Held that Connecticut law governing liquor pricing is not preempted by federal antitrust law. Affirmed the dismissal of a liquor retailer's complaint, which challenged certain provisions of Connecticut's Liquor Control Act and related regulations.

(United States Fifth Circuit) - Held that a manufacturer of medical syringes that falsely advertised its products did not have to disgorge its profits. That remedy would not be equitable under the circumstances here. Affirmed a post-trial ruling, in this lawsuit brought by a competing syringe manufacturer that also involved antitrust claims.

(United States Seventh Circuit) - District court's granting of summary judgment and bench verdict for Defendant affirmed. Sherman Act claim fails where the only current feasible way to comply with Chicagoland area city commercial fire safety ordinances was to use an exclusive provider. Under Fisher v. City of Berkeley, government restraints on trade imposed unilaterally do not form the basis of a Section 1 or Section 2 claim.

This is the final part of a three-part series on litigation interest and risk assessment (LIRA) and early dispute resolution procedures.  The first part explains how lawyers can use LIRA procedures to help clients make better decisions about litigation and negotiation.  The second part describes some early dispute resolution procedures, which can benefit from good … Continue reading Dispute Prevention and Early Dispute Resolution Framework →

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 →

Does having a woman in charge of a country impact how that country is dealing with the pandemic?   In the midst of the Covid-19 crisis, more than one commentator has noticed that it does.  From Forbes to The Atlantic in the U.S., to think tanks around the world, “feminist leadership matters.” Forbes Magazine wrote just … Continue reading Might the Pandemic (Finally) Change the Leadership Stereotype? →

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 →

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 →

From pioneer in our field, Jeanne Brett: With the unprecedented and rapid need to switch from face-to-face to synchronous online classes, everyone using exercises and simulations has learned a lot.  iDG, NegotiateUP and NTR  are launching a series of Conversations about Innovations in Teaching Research and Technology held during three Fridays in June (5th, 12th, … Continue reading Conversations about Innovations in Teaching, Research and Technology →

On-line Site Is Growing And They Are Calling Out To The Public For Help!

Ovationguitars.com Is Revised For 2019 And Beyond

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

(United States First Circuit) - Reinstated an employee's claims that she was harassed based on her age and retaliated against in violation of both federal and Puerto Rico law, claims which had been dismissed on summary judgment. The employee argued that there were genuine disputes of material fact. In reversing summary judgment, the First Circuit agreed with the employee's argument that genuine disputes of material fact existed as to certain claims.

(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) - Held that a Puerto Rico Highways and Transportation Authority bondholder did not hold a statutory lien on certain toll revenues. The bondholder contended that, in response to Puerto Rico's financial crisis, the Puerto Rican government was diverting toll revenues to which the bondholder was entitled under a lien and using them for purposes other than paying the bonds. However, the First Circuit concluded that the bondholder held no statutory lien on the toll revenues.

(United States First Circuit) - Vacated an order denying a request by Puerto Rico Electric Power Authority (PREPA) bondholders for relief from an automatic stay. The bondholders argued that a statute enacted by Congress to address Puerto Rico's financial crisis did not preclude them from obtaining relief so that they could petition another court to place PREPA into receivership. Agreeing, the First Circuit held that the district court erred in concluding otherwise.

(United States First Circuit) - Held that a defendant who won a summary judgment motion could not appeal to challenge unflattering statements found in the trial judge's opinion. In this tort lawsuit brought by a Ugandan gay-rights organization, the defendant religious leader successfully obtained summary judgment by arguing lack of extraterritorial jurisdiction but then appealed. The First Circuit concluded that a winner cannot appeal a judgment merely because there are passages in the court's opinion that displease him or her.

(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) - 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 the dismissal of an Indian tribe's complaint against federal and Rhode Island agencies concerning a highway bridge reconstruction. The tribe argued, at base, that the state of Rhode Island broke a promise to give the tribe three parcels of land as mitigation for the expected negative impact on historic tribal land of an I-95 bridge replacement project. Agreeing with the district court, the First Circuit held that the tribe's claims were barred by federal sovereign immunity and lack of subject matter jurisdiction.

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

SKOOKUM And Music Heals Are Partnering On Covers For The Cause, Challenging Musicians To Raise Money To Increase Access To Music Therapy And Play A Major Music Festival

Body slams and pile drives can go on in the Sunshine State.

As RTD scatters the homeless, many are likely to crowd into the few areas where they are still allowed during the lockdown, possibly exacerbating this public health crisis.

The restaurant industry predicts that as many as 30% of all Denver restaurants and 22% statewide may permanently go out of business if they can’t open before the end of May.

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?

Metro Denver's apartment market was fairly balanced heading into the pandemic, with rents rising and supply increasing.

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.

Not to suggest the Broncos and John Elway got lucky with the 15th pick in the NFL draft, but when Denver was on the clock, any Goober could’ve screamed the obvious choice:

When FanDuel asked, Will the Broncos Make the Playoffs?, 97% of the weekend action among Colorado bettors was on “Yes.” These days, if you can’t trust your heart, trust your gut.

No sooner had Broncos coach Vic Fangio walked over to the deep end of the pool when NFL Commissioner Roger Goodell ran over, unseen, and shoved him straight into the water.

It’ll take more than a probing, eight-inch nasal swab to keep Justin Gaethje from taking his shot at a UFC title belt. Even an interim one.

Distance runner Dathan Ritzenhein announced his retirement Thursday, closing a career during which he made three Olympic appearances and also was one of the first to question the methods being used by his coach, Alberto Salazar, who is serving a four-year doping suspension.

Michigan coach Jim Harbaugh is pushing for a change that would allow football players to enter the NFL draft after one year in college.

If the planet's biggest sporting event isn't immune to worldwide strife, why should we be shocked COVID-19 could also wipe out the NBA playoffs or the entire major-league baseball season in 2020?

A 21-year-old Denver man was sentenced on Thursday to eight years in federal prison for a carjacking and burglarizing two gun stores.

Coronavirus has turned life upside-down, but Coloradans found alternative ways to celebrate in the here-and-now.

Colorado State Patrol will crack down on illegal parking on Loveland and Berthoud passes, the agency said Thursday, days after a video showing scores of cars parked back-to-back along the road went viral amid concerns that the drivers were failing to appropriately social distance.

Plus, Colorado Parks and Wildlife closed all of its campgrounds.

There are 350 different varieties of pasta. If my coronavirus lockdown in Italy lasts much longer, I may try them all.

Fuel prices in Colorado dropped to an average of $1.85 per gallon, as people cut work commutes, vacations and other travel amid the novel coronavirus pandemic.

Oil and gas aren't the only part of the energy industry getting pummeled during the coronavirus outbreak. A new report says job losses are starting to pile up in the previously fast-growing renewable energy and energy efficiency sectors, too. The report released Wednesday by E2, Environmental Entrepreneurs, said more than 106,000 workers in the "clean energy" industry lost their jobs in March.

Critics of a plan that makes tracts of public lands in western Colorado available to oil and gas drilling say the final insult is its release in the middle of the coronavirus pandemic when people are dealing with health and economic concerns.

Colorado will delay hearings on a major revamp of its oil and gas regulations by about six weeks, even as concerns mount about how much of the state's petroleum industry will be left to regulate.

Weld County oil jobs are disappearing amid the double whammy of the coronavirus pandemic and a global oil price war.

What had long been expected became reality Tuesday when the Colorado High School Activities Association announced it was cancelling the remainder of the spring sports season.