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Murray v. City of Philadelphia

(United States Third Circuit) - Dismissed an appeal filed in a civil rights case by the estate of a man who was shot and killed by police officers. As the administrator of the estate, the man's mother filed suit alleging that the officers had used excessive force. When the jury returned a verdict in favor of the officers, she appealed pro se. Dismissing her appeal on grounds that she had filed it without counsel, the Third Circuit held that a non-attorney who is not a beneficiary of an estate may not conduct a case pro se on behalf of the estate.




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Mitchell v. Superintendent Dallas SCI

(United States Third Circuit) - Affirmed the denial of habeas corpus relief to a state prisoner who claimed that his rights under the Confrontation Clause of the Sixth Amendment were infringed. The prisoner objected to the fact that jailhouse informants testified at trial about their conversations with his co-defendant, and he could not cross-examine his co-defendant regarding the statements. Rejecting his argument, the Third Circuit concluded that there was no violation of his Confrontation Clause rights that would justify habeas relief, regardless of differences between the law in effect at the time of his trial and current law.




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Tanksley v. Daniels

(United States Third Circuit) - Affirmed the dismissal of a TV producer's complaint alleging that the popular Fox Television series Empire infringed his copyright in a television pilot he had created a decade earlier. Moving to dismiss, the defendants contended that there was no substantial similarity between the two television shows. Agreeing, the Third Circuit affirmed the dismissal of the complaint.




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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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Delaware Riverkeeper Network v. Pennsylvania Department of Environmental Protection

(United States Third Circuit) - Denied a petition for review of a Pennsylvania state regulators' decision to grant a Clean Water Act certification to a natural gas pipeline project. An environmental organization raised various procedural and substantive arguments against the environmental regulators' issuance of a water quality certification. On judicial review, the Third Circuit held that the environmentalists' challenge failed on the merits. Prior to reaching the merits, the panel discussed in detail questions regarding its jurisdiction under the Natural Gas Act.




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Vorchheimer v. The Philadelphian Owners Association

(United States Third Circuit) - Affirmed the dismissal of a disabled tenant's lawsuit under the Fair Housing Amendments Act. The tenant, who needs ready access to her rolling walker, brought suit when the building managers refused to allow her to leave it in the building's lobby. Unpersuaded by her arguments, the Third Circuit concluded she did not plausibly plead that her preferred accommodation of leaving the walker in the lobby was necessary, given that she was offered four other ways to store and access her walker.




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Trinity 83 Development LLC v. ColFin Midwest Funding LLC

(United States Seventh Circuit) - Rejected a mootness argument in a dispute between an insolvent borrower and the holder of a mortgage note. Overruled In re River West Plaza-Chicago LLC, 664 F.3d 668 (7th Cir. 2011), holding that 11 U.S.C. section 363(m) does not make any dispute moot or prevent a bankruptcy court from deciding what shall be done with the proceeds of a sale or lease.




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In Re: Belmonte

(United States Second Circuit) - Affirmed. A district court decision affirming a Bankruptcy Court order to remit funds to the trustee of a bankruptcy estate was part of the proceeds of an unauthorized post-petition transfer.




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You might need reservations to drive to Maroon Bells this summer with shuttle service “not an option”

With concerns about COVID-19 in mind, the U.S. Forest Service is thinking about swapping public transportation for limited vehicle entry.








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At The Opera, Donizetti's L' Elisir d'amore, April 11, 2020

Tune in tonight at 8pm to hear a live performance from the MET in 1966 of Donizetti's L' Elisir d' Amore staring Carlo Bergonzi and Roberta Peters.




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At The Opera, G.F. Handel's Ariodante, April 25, 2020

Tune in 8pm to hear George Frideric Handel's Ariodante staring Anne Sofie von Otter in the title role.




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JONES v. SERVICE ELECTRIC CABLE TV INC

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




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Strothers v. City of Laurel, Maryland

(United States Fourth Circuit) - Summary judgment reversed. A municipal employee who was fired a single day after threatening to file a formal racial harassment grievance was entitled to a trial on her retaliation claim under Title VII of the 1964 Civil Rights Act.




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Berkley v. Mountain Valley Pipeline, LLC

(United States Fourth Circuit) - Affirmed that the district court lacked subject-matter jurisdiction over a constitutional challenge to the Natural Gas Act. Landowners along the path of a proposed natural gas pipeline brought this action disputing the constitutionality of various provisions of the Natural Gas Act. Agreeing with the district court, the Fourth Circuit held that the suit must be dismissed for lack of subject-matter jurisdiction on the grounds that the landowners ought to have brought their claims through the agency review process laid out in the Natural Gas Act.



  • Oil and Gas Law
  • Property Law & Real Estate

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US v. Steele

(United States Fourth Circuit) - Vacated a restitution order imposed against a postal employee who had pleaded guilty to mail theft. The postal employee, who had stolen video games that a rental service shipped to customers through the mail, appealed the amount of the restitution award, $50,000. The Fourth Circuit determined that the rental service's estimate of its losses was not supported by the record, and therefore vacated the restitution order and remanded.




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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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Henderson v. Bluefield Hospital Co., LLC

(United States Fourth Circuit) - Held that the National Labor Relations Board was not entitled to preliminary injunctive relief directing two hospitals to bargain in good faith with a labor union representing nurses and take other actions. The NLRB argued that the district court ought to have granted its request for a preliminary injunction under section 10(j) of the National Labor Relations Act. Finding no abuse of discretion, the Fourth Circuit explained that the Board had not demonstrated that the effectiveness of its remedial power would be in jeopardy unless a preliminary injunction were imposed.



  • Labor & Employment Law

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US v. Bell

(United States Fourth Circuit) - Affirmed a conviction and sentence on drug-trafficking charges. The defendant lodged numerous challenges on appeal, including that the district court erred by admitting inculpatory statements obtained in violation of the defendant's Miranda rights and incorrectly imposed a mandatory minimum sentence under the Armed Career Criminal Act. Unpersuaded by his arguments, the Fourth Circuit affirmed in a 2-1 decision.




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Pop Artist Ava King Releases New Single

Paris-born Ava King Decided To Move To Beijing Where She Wrote For One Of The Biggest Chinese Movie Production Companies, HuaYi Brothers




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Hollywood Heavyweights Launch New Christian Music Label

Their Debut Release, Firma Collective - Songs For Every Soul, Was Produced By Mgrdichian And Mixed By The Legendary Brian Reeves




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Avant-Garde Label Maybe Noise Launches In Beijing

The Official Launch Will Be On May 26 At Magnet Theater With A Performance Supporting Its First Vinyl Release: Píng Zè




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MusicDish Announces A Love Electric 2018 China Tour

The Tour Will Crisscross Through China With 12 Shows In 8 Cities, Including Guangzhou, Dongguan, Zhuhai, Shenzhen, Kunming, Jiaxin, Wuhan And Beijing




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13 Music Label Sold To MTN

DSN Music Spins Off Record Label To Albuquerque Music Entrepreneur's New Group




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

Created By James Hannigan, Award-winning Composer And Game Music Connect Co-founder, Screen Music Connect Builds On The Success Of The Sold-out Game Music Conferences




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Live Nation Electronic Asia Inks Deal With Budweiser For Creamfields Festivals

Together, Creamfields And Budweiser Will Focus On Building Entirely New Content For Dedicated Electronic Music Fans Throughout Asia





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THE WEEKLY INJECTION: New Releases From WINTERFYLLETH, BRANT BJORK, and More Out Today - May 8

This week's new heavy metal releases include some more deeper cuts than normal with riffs, blast beats, fuzz, and more!
To the metals...

The post THE WEEKLY INJECTION: New Releases From WINTERFYLLETH, BRANT BJORK, and More Out Today - May 8 appeared first on Metal Injection.















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Soundstripe Hires J.R. McNeely As Mix Engineer

Soundstripe Hires Grammy-winning Engineer And Producer J.R McNeely




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Electro-Art-Pop Artist Polyna Signs With 3143 Management

Polyna Has Built A Global Audience On Social Media With Over 37,000 Instagram Followers, 15,000 Facebook Likes, And 11,000 Twitter Followers.




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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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Welcome BlackFaceNaija To The Ordior Rights Management Roster!

Ordior Has Signed BlackFaceNaija For A World Wide Exclusive Publishing And Administration Agreement!




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Welcoming Edmund Cotter To The Ordior Team!

Edmund Cotter Has Been Working With The DJ Central, Ordior, And Blue Pie Teams For Over A Year Now, And It’s Time To Give Him An Official Warm Welcome!




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Award Winning Artist Kathryn Shipley Wins Gospel/Inspirational Artist Of The Year

Kathryn Shipley Is Excited To Announce That She Has Won Gospel/Inspirational Artist Of The Year At The 2019 Josie Music Awards. The Josie Music Awards Is One Of The Largest Independent Awards Shows.




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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)”