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Cottrell v. Alcon Laboratories

(United States Third Circuit) - In a consumer protection class action, alleging that various defendants' prescription eye drop medications come with a bottle dropper tip that dispenses too much medication in one drop, thereby wasting medication and causing plaintiffs undue economic hardship, the district court's dismissal is reversed where plaintiffs have alleged sufficient injury in fact to confer Article III standing under to bring their various state law claims.




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US ex rel. Wood v. Allergan, Inc.

(United States Second Circuit) - Held that a False Claims Act lawsuit had to be dismissed because it was not the first-filed case accusing the defendant pharmaceutical company of certain improper Medicare and Medicaid billing practices. The plaintiff (relator) argued that his action should be allowed to proceed because the earlier action was no longer pending. Disagreeing, the Second Circuit held that a violation of the first‐to‐file bar, which prohibits a person from bringing a related qui tam action when one is already pending, cannot be remedied by amending or supplementing the complaint. The panel reversed and remanded.




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Helsinn Healthcare S.A. v. Teva Pharmaceuticals USA, Inc.

(United States Supreme Court) - Held that an inventor's sale of an invention to a third party who is obligated to keep the invention confidential can qualify as prior art for purposes of determining the patentability of the invention. The dispute here involved two pharmaceutical companies that disagreed about whether a certain drug was under patent; one of the companies wanted to market a generic version of it. Justice Thomas delivered the unanimous opinion.




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10x populair: videobellen via Zoom, purpose tijdens pandemie & SEO-teksten

Welke whiteboard-tools kun je online gebruiken, hoe kun je veilig videobellen via Zoom, en wat is de beste bedrijfsstrategie tijdens de coronacrisis? Dit – en meer – zijn de best gelezen artikelen op Frankwatching in de maand april. 1. Zoom & privacy: zo kun je veilig videobellen [how to] Zoom stond de afgelopen weken vol […]




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Effectieve samenwerking? Weg met eigenbelang en wantrouwen

“Als je iemand vertrouwt, maak je hem betrouwbaar”, zei de Romeinse filosoof Seneca. Maar geldt dat nog steeds in deze snel veranderende online wereld? Kun je in tijden van alternatieve feiten en online oplichters wel uitgaan van vertrouwen? En als asociaal eigenbelang op de loer ligt? Zeker in organisaties willen we graag ‘in control’ zijn […]




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Haal meer uit Google Ads met nieuwe B2B-doelgroepen

Iedereen die voor een B2B-bedrijf Google-zoekadvertenties inzet herkent het wel. Voor relevante zoekwoorden die dicht bij een conversie staan, betaal je een hoge CPC. Om dit te omzeilen kiezen veel adverteerders voor brede zoekwoorden, maar dat levert ook irrelevante klikken op van consumenten die je niet wil aantrekken. Nu komt Google met B2B search audiences: […]




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4 formules voor een pakkende inleiding van je blog of artikel

In dit artikel leer je een pakkende inleiding voor jouw blogartikelen te schrijven. Ik deel vier van mijn favoriete technieken, leg ze allemaal beknopt uit en geef bij elke techniek een praktisch voorbeeld. Als SEO-specialist heb ik al honderden blogartikelen geschreven en gebruik ik deze technieken dagelijks! Waarom is een pakkende inleiding belangrijk? Bij het […]




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De YouTube Video Builder: korte, professionele video’s in 5 stappen

Met de huidige omstandigheden verandert de manier waarop we communiceren met klanten. Video gaat steeds meer een rol spelen. Google speelt hier goed op in en komt met de YouTube Video Builder. Hierdoor wordt het voor ieder midden- en kleinbedrijf mogelijk om zonder kennis van videobewerking of dure videoproductie aan de slag te gaan. Scheelt […]




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Het platform als podium: de voordelen van online ontmoeten

Sectoren die nu nog offline only acteren komen meer en meer onder druk te staan. Na het verdwijnen van hele winkelketens en het op de schop nemen van volledige branches is de digitale revolutie op weg om ook de wereld van zakelijke events en B2B-beurzen te ‘disrupten’. Het stevige podium dat de beursvloer biedt is […]




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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.




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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.




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Exclusive--Ken Cuccinelli: 8-in-10 Border Crossers Deported in 2 Hours During Coronavirus

Acting Department of Homeland Security (DHS) Deputy Secretary Ken Cuccinelli says border crossers are being almost immediately returned to Mexico after their crossing into the United States. 





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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.




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Tom Fitton: Michael Flynn Got Justice Because He had Lawyers Willing to Push Back Against DOJ, FBI

President of Judicial Watch Tom Fitton told Breitbart News that General Michael Flynn only got justice because he had lawyers who "insisted upon it" and pushed back "against the entire political class" in Washington, D.C.




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California: Gavin Newsom Orders Vote-by-Mail for November Election

California Gov. Gavin Newsom (D) on Friday signed an executive order permitting all registered voters in the Golden State to vote by mail in the upcoming presidential election, citing health concerns stemming from the Chinese coronavirus epidemic.




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UK Education Office Argues Christians Should Limit Their Beliefs to Church

The United Kingdom’s Office for Standards in Education, Children’s Services and Skills (Ofsted) argued before the High Court that Christian groups should not allow their religious beliefs to influence their professional activities.




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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.




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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.






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Elliot v. Google, Inc.

(United States Ninth Circuit) - In an action under the Lanham Act, seeking cancellation of the GOOGLE trademark on the ground that it is generic, the district court's summary judgment in favor of defendant Google is affirmed where: 1) a claim of genericness or 'genericide,' where the public appropriates a trademark and uses it as a generic name for particular types of goods or services irrespective of its source, must be made with regard to a particular type of good or service; 2) the district court thus correctly focused on internet search engines rather than the 'act' of searching the internet; and 3) the verb use of the word 'google' to mean 'search the internet,' as opposed to adjective use, did not automatically constitute generic use.




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State of California v. Iipay Nation of Santa Ysabel

(United States Ninth Circuit) - Affirmed that a federally recognized Indian tribe was prohibited from operating an internet bingo casino. The State of California and the United States brought this lawsuit contending that the tribe's online bingo game violated the federal Unlawful Internet Gambling Enforcement Act. Agreeing with the governmental plaintiffs, the Ninth Circuit affirmed summary judgment against the tribe, holding that while the Indian Gaming Regulatory Act protects gaming activity conducted on Indian lands, it did not permit the tribe's internet bingo game that reached patrons located off Indian lands.




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Patel v. Zillow, Inc.

(United States Seventh Circuit) - Held that homeowners could not proceed with a lawsuit against the real estate website Zillow, which allegedly estimated their homes to have inaccurately low values, thus making it difficult for them to obtain favorable sales prices. Affirmed a dismissal of their unfair trade practice and other claims.




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US v. Ayelotan

(United States Fifth Circuit) - Affirmed the convictions of three individuals for operating an international romance scam, in which they used online dating methods to dupe unsuspecting victims into sending money to them. The charges included conspiracy to commit wire fraud, bank fraud and identify theft.




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In re US Office of Personnel Management Data Security Breach Litigation

(United States DC Circuit) - Revived claims that the U.S. Office of Personnel Management's woefully inadequate cybersecurity practices enabled hackers to steal personal data about millions of past and present federal employees. Reversed a dismissal in relevant part, in a lawsuit brought by labor unions and others arising out of a 2014 cyberattack.




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Estonian Singer-songwriter NOËP Releases Debut EP 'Heads In The Clouds'

NOËP Releases Debut EP ‘Heads In The Clouds’, On His Own Label Noep Music OÜ, Alongside Its Vinyl Pre-sale




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Nick Heyward Announces His 2018 UK Tour Following The Release Of His New Album 'Woodland Echoes'

Following The Release Of His Critically Acclaimed New Album ‘Woodland Echoes’ That Entered At No. 4 In The Independent Album Charts, Nick Heyward Has Announced A UK Tour For 2018.




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The Ramona Flowers Release Captivating Single “Out Of Focus”

UK Band Unveils Music Video Ahead Of “Strangers” Album Release




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UK's Debut Album To Be Released On Limited Edition 180 Gram Vinyl

It Will Be Released On April 21st, And Available Exclusively To Record Store Day Participating Retailers Worldwide.




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Album/Documentary Release By UK Band The Charmers

It Is An Album Full Of Edgy Pop Songs, With Insightful Lyrics And Lush Strings




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French Singer And Songwriter Ned Has Released Her Debut UK Single 'Give Me More'

French Native Songstress Ned Released Her Debut UK Single ‘Give Me More’ On 6th April 2018




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French EDM Composer DP Releases New Album 'House Vol. 1'

The French Composer Of EDM Known Internationally As DP Has Released His Latest LP Record, “House Vol. 1”




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French Singer Ned Has Released The Video For Her Single 'Give Me More'

The Video Was Released On April 25th




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The Ramona Flowers Release New Album Strangers

UK Band Unveils Highly Anticipated Album And Partnership With Menswear Brand, By Robert James




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Screen Music Connect To Explore The Music Of Film, Television And Interactive Media

Tickets On Sale For New London-based Music Conference At Southbank Centre’s Purcell Room On September 24




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Mielo v. Steak 'N Shake Operations, Inc.

(United States Third Circuit) - Reversed the certification of a class in a lawsuit alleging that a restaurant chain violated the Americans with Disabilities Act because its parking lots were difficult to ambulate in a wheelchair. The 500-location restaurant chain contended that the plaintiffs had failed to satisfy some of the requirements for class certification under Fed. R. Civ. P. 23(a). Agreeing, the Third Circuit reversed and remanded to the district court to reconsider if a class should be certified.




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Rangel v. PLS Check Cashers of California, Inc.

(United States Ninth Circuit) - Affirmed the dismissal, on res judicata grounds, of a proposed wage-and-hour class action. While the plaintiff conceded that she was subject to a state class-action settlement that released all claims arising from the same set of allegations upon which her Fair Labor Standards Act lawsuit was based, she nonetheless contended that her FLSA action should be allowed to proceed. Agreeing with the trial court, the Ninth Circuit held that res judicata applied.




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Payton v. CSI Electrical Contractors, Inc.

(California Court of Appeal) - Affirmed the denial of class certification in an action alleging wage and hour violations, finding substantial evidence that individual questions would predominate and also that the named plaintiff was not an adequate class representative.




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Nielen-Thomas v. Concorde Investment Services LLC

(United States Seventh Circuit) - Held that a state law fraud lawsuit against an investment adviser was precluded by the Securities Litigation Uniform Standards Act. The statute's definition of a "covered class action" includes any class action brought by a named plaintiff on a representative basis, regardless of the proposed class size. Affirmed a dismissal.




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Rel v. Pacific Bell Mobile Services

(California Court of Appeal) - Affirmed the dismissal of a proposed consumer class action lawsuit because the plaintiffs had failed to bring the case to trial within five years, as required by the California Code of Civil Procedure. It did not matter that the class claims had been dismissed within five years.




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In Re Hyundai and Kia Fuel Economy Litigation

(United States Ninth Circuit) - In an en-banc decision, affirmed the approval of a class action settlement in a multidistrict litigation brought against two automobile manufacturers, which had been accused of making misrepresentations about their vehicles' fuel economy. Also upheld attorney fee awards, rejecting objectors' challenges.




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Noel v. Thrifty Payless

(Supreme Court of California) - Reversed. The trial court and the court of appeals denied class action certification to Plaintiff who sought to bring an action against retailers who allegedly misled buyers about the size of an inflatable outdoor pool. The Supreme court concluded that the trial court erred in demanding evidence about the ascertainability requirement for class certification, holding that there is not an additional evidentiary burden that the courts below imposed.




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In Re: Rail Freight Fuel Surcharge Antitrust Litigation

(United States DC Circuit) - Affirmed. The denial of class certification in the case of thousands of shippers allegedly harmed by a price fixing conspiracy among freight railroads was affirmed because their evidence for proving causation, injury, and damages on a class wide basis measured negative damages for over 2,000 members.




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HAWKWIND Collaborator MICHAEL MOORCOCK & THE DEEP FIX Release Third Studio Album

British Author/Musician MICHAEL MOORCOCK Releases Live At The Terminal Café.




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Los Angeles Artist Betty Moon Up For GRAMMY Nomination

The Multi-talented Recording Artist Is Up For Nominations With Her Album Hellucination And Singles “Save My Soul” And “Crazy (What You Make Me)”




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Los Angeles Artist Betty Moon Up For GRAMMY Nomination

The Multi-talented Recording Artist Is Up For Nominations With Her Album Hellucination And Singles “Save My Soul” And “Crazy (What You Make Me)”




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Laura Espinoza And Lunden Reign Release New Single Feat. Missing Persons Legend Dale Bozzio

“Somewhere There Forever” Ft. Dale Bozzio By Laura Espinoza And Lunden Reign




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International Duo Channels Past And Present To Win Best Rock Act At World’s Largest Indie Music Awards

Follow No One, Colorado-based Vocalist Rich Hall And Portuguese Guitarist Pedro Murino Almeida, Won Best Rock Act At The 2019 JMAs In Dollywood.




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Big E And The Wild Hairs Release New Single 'Kiss Of Death'

The Music Artists Known As Big E And The Wild Hairs Have Released Their Latest Single, “Kiss Of Death.”