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CTIA - The Wireless Association v. City of Berkeley

(United States Ninth Circuit) - Affirmed. An organization of wireless providers appealed the district court's denial of a preliminary injunction in their challenge of a Berkeley ordinance requiring cell phone retailers to warn potential buyers that carrying a phone could cause them to exceed FCC guidelines for exposure to radio-frequency radiation.




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Humane Society of the US v. Perdue

(United States DC Circuit) - Vacated and remanded. A pork farmer's suit alleging that the government unlawfully permitted funds for promoting the pork industry to be used for lobbying instead lacked constitutional standing. There was no evidence of misuse of funds that resulted in an injury in fact.




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Merzbow Joins Forces With Haino And Pandi On Blisteringly Intense Improv 'Become The Discovered, Not The Discoverer' On RareNoiseRecords

Kindred Spirits Met When Japanese Noise Legend Merzbow Got Together In The Studio With Fellow Countryman Keiji Haino And Drummer Balazs Pandi For A New Recording On RareNoiseRecords




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HOLMESWOOD RELEASES SUPERSONIC COVER OF THE BEE GEES “YOU SHOULD BE DANCING”

Holmeswood Transports The Carefree Euphoria Of The Saturday Night Fever Disco Era Into The Future Fueled With Electro-techno-dubstep Vibes Up To Planet Holmeswood




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JES Release New Crossover Track "We Belong To The Night"

JES, The Voice That Melts The Heart Of The Dance Floor Steps Into Fall With A New Song "We Belong To The Night" And A Brand New Vibe!




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A Trio Of Mexican Producers Come Together For Hard-hitting Techno Release ‘Fear The Noise’

Thick Smoke Clouds The Air As Thunderous Booms Shake The Ground.




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The Medecines Company v. Hospira, Inc.

(United States Federal Circuit) - Affirming the district court's finding of noninfringement and remanding to determine whether the on-sale bar applies in a case relating to an anti-coagulant drug because a different production method was distinguished from the patented method and a patent is invalid if the product was offered for sale and ready for patenting prior to the filing of the application.




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Kader v. Sarepta Therapeutics, Inc.

(United States First Circuit) - Affirming the district court dismissal of a case in which a class of purchasers of securities issued by a drug company that the investors said recklessly misled them about their target date for submitting an application to the Food and Drug Administration for a drug approval because the court did not err in finding that they had failed to state a claim.




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The General Hospital Corporation v. Sienna Biopharmaceuticals, Inc.

(United States Federal Circuit) - Vacating the Patent Trial and Appeal Board's dismissal of an interference claim for lack of standing and remanding for further proceedings because the description of a method for removing hair using nanoparticles to damage hair follicles was a sufficient written description under the Patent Act because although the description only gave optical density rather than particles per ml, this was enough of a disclosure to convey to those skilled in the art that the inventor had possession of the claimed subject matter.




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Abbott Laboratories v. The Superior Court of Orange County

(California Court of Appeal) - Granting a petition for writ of mandate in a case where a group of pharmaceutical companies had been sued by the District Attorney under California's Unfair Competition Law for allegations that they had engaged in a scheme to keep generic versions of a prescription drug off the market, but the suit was based on conduct outside of the county where the DA served and allowing them to proceed with the suit without written consent would permit the DA to usurp the Attorney General's statewide authority and impermissibly bind other DAs, precluding them from pursuing their own relief.



  • Drugs & Biotech
  • Consumer Protection Law
  • Criminal Law & Procedure

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Khoja v. Orexigen Therapeutics, Inc.

(United States Ninth Circuit) - Reversed in part the dismissal of a securities fraud class action alleging that a biotechnology firm misrepresented to investors the status of a clinical drug trial. An investor brought this suit contending that the company and certain top executives violated Section 10(b) of the Securities Exchange Act of 1934. On appeal, the Ninth Circuit held that the district court erred in part in dismissing the complaint for failure to state a claim. The panel also ruled that the district court abused its discretion in judicially noticing certain facts and in incorporating certain documents into the complaint.




the

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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Charles Hurt: 'Demand Justice' Fight Back -- Against Judges Who Like the Constitution

Anti-democratic Democrats opened up a new front in their relentless war on an independent judiciary in America.




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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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RNC Launches 'Protect the Vote' to Fight Left's Vote-by-Mail Scheme

The Republican National Committee (RNC) launched a digital platform on Friday called "Protect the Vote" as a response to the left's increasing attempts to use the coronavirus pandemic to push their election agenda items, such as universal mail-in voting.




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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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The Police Retirement System of St. Louis v. Page

(California Court of Appeal) - Affirming the grant of summary judgment to Google executives in a suit brought by three shareholders bringing derivative suits alleging the corporation was harmed by executives who agreed to refrain from actively recruiting employees working for competitors, an arrangement that had been previously abandoned when it gave rise to antitrust issues with the Department of Justice, because the claim was barred by the three-year statute of limitations.




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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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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 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




the

Make A Wish With Catherine Duc's 'Stargazing' Remix Of Ben Hobbs' 'Blind To You'

UK Singer/songwriter Ben Hobbs Teams Up With Grammy Nominees Catherine Duc And Gene Grimaldi On His Latest Remix




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Moen v. Regents of the University of California

(California Court of Appeal) - Reversed decertification of a class of retired University of California employees who claimed they were denied promised health insurance benefits. The retirees, who had worked at Lawrence Livermore National Laboratory, appealed the trial court's ruling that decertified the class for lack of commonality. On appeal, the First Appellate District held that the trial court's decertification ruling had relied on erroneous legal standards.




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Geffner v. The Coca-Cola Company

(United States Second Circuit) - Affirmed. Plaintiff brought class action suit against Defendant, Coca-Cola Company alleging misleading naming and marketing of “Diet Coke”. District court dismissed all claims under Federal Rule 12(b)(6). Appeals court that the adjective “diet” referred to caloric content and carries a relative meaning and not an absolute meaning.




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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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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.”




the

Ahmad Javon Lane Is Ready To Pose For The Camera

Singing Songwriter Ahmad Formally "thisisjavon" Is Ready To Strike A Pose For The Camera And Get Sexy For A Same-Sex Bachelors




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Gardner v. Superior Court (the People)

(Supreme Court of California) - Held that an indigent defendant facing misdemeanor charges was constitutionally entitled to the help of appointed counsel on the prosecution's appeal. She had successfully moved to suppress evidence related to driving under the influence. The California Supreme Court agreed with her that she had the right to appointed counsel on the prosecution's appeal of the suppression order.



  • Criminal Law & Procedure

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Southern California Gas Leak Cases

(Supreme Court of California) - Held that businesses may not recover compensation for purely economic losses suffered from mere proximity to an industrial accident (a massive, months-long leak from a natural gas storage facility). Negligence law did not provide them a remedy for income lost because of the leak, in this case where they alleged no property damage or personal injury.



  • Oil and Gas Law
  • Injury & Tort Law

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City and County of San Francisco v. Regents of the University of California

(Supreme Court of California) - Held that it is constitutional for San Francisco to impose a tax on drivers who park their cars in paid parking lots, even when the parking lot is operated by a state university.




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The International Radio Festival Announce Final Line Up Of Radio Stations

Broadcasting From Piazza D'Armi In Valletta, Malta




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The Hype Magazine Signs Exclusive Podcast Agreement With Digital Soapbox Network

Distributed By The Digital Soapbox Network, The Hype Magazine “Live Session” Podcast Is Available Via Some Of The Biggest Streaming Platforms In The Digital Space




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Born Davinvi The Voice Of Da East

Radio Debut On Rap Station Radio




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Afro Soundz Radio Is Now On The Air

Afro Soundz Radio Is A New Radio Station, Broadcasting In The USA, Comprised Of DJs And Programmers Originally From The African Continent.




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Kreg Therapeutics, Inc. v. VitalGo, Inc.

(United States Seventh Circuit) - Held that a manufacturer breached its contractual agreement with a distributor in the medical-supply industry. Affirmed a bench trial judgment, in a case involving distribution rights to a special type of hospital bed.




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Division Six Sports, Inc. v. The Finish Line, Inc.

(United States Seventh Circuit) - Affirmed. The district court dismissed a case involving an exclusive sale agreement for failure to state a claim because the contract was not in force at the time of the alleged breach and the district court did not misinterpret the contract's automatic renewal clause.




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Weather Forecast For Saturday May 9

Saturday, May 9 is expected to be windy with a few clouds from time to time, with the high to be near 23°C/73°F and the low to be near 17°C/62°F,...




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Column: Celebrating All Of Bermuda’s Mothers

[Written by Gwendolyn E Creary] Happy Mother’s Day! Wow! This year marks 28 years that I have officially celebrated Mother’s Day, but technically I...




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Can California’s Air Remain Clean Post Pandemic? Yes, If The State Amps Up Its Climate Goals, Studies Say.

By Ezra David Romero

Air quality across California has visibly improved with fewer drivers on the road because of stay-at-home orders. But when the orders are lifted pollution will likely return to pre-pandemic levels.

Some scientists say we don’t have to go back to having such poor air quality in the state, but they recognize it will take a total mindset change for Californians. The number of miles driven in the state has dropped by around 75% since stay-at-home orders went into place and has resulted in a significant reduction in greenhouse gas emissions, said UC Davis Road Ecology Center director Fraser Shilling.

“We're learning new things about our driving behavior … can we both mitigate the harm from COVID-19 and also mitigate the harm that we cause by burning fuel and causing climate change?” Sterling questioned after analyzing data from Streelight.com. 

Nationally he reports there was a reduction of around 74 billion miles traveled in the U.S. from early March to mid-April. That resulted in a greenhouse gas emissions reduction of 4% nationally for 2020 and by 13% from transportation in about eight weeks. 

If this continues, Shilling says, the reduction of miles traveled could drastically impact our climate goals for the better, including putting the nation on track to meet its annual greenhouse gas reduction goals under the Paris Climate Accord.

He says it’s an interesting position for the federal government to be in where the lack of driving allows the U.S. to meet the goals of the “Paris Climate Accord, and on the other hand, inadvertently exceed the goals ... It's a cool green lining.”

California has a 2050 goal of reducing greenhouse gas emissions by 80% from 1990 levels. Shilling says if traffic remained at stay-at-home levels for a year, the drop in miles traveled would allow the state to meet half of its climate target by 2050.  

The rest of the reductions would come from all sectors of the economy including transitions to bioenergy, offshore wind power, and increased energy storage. A 2019 study highlighted by Stanford University from the group Energy Futures Initiative says meeting the 2050 goals will be “extremely challenging.”

“It's painful to drive less and have less economic activity,” Shilling said. “But when we drive less, and when we work at home, we can start to meet these climate change goals. They're not so far out of the way, out of bounds that we can't achieve them.”

But Shilling says there are negative aspects, depending on how you look at it, including potentially $370 million less state fuel tax revenue.

“The upside for drivers — like I filled my tank a month and a half ago — is we're not spending as much on fuel,” Shilling said. “The less fuel that's sold, the less fuel tax revenue … that money is not available for transportation projects.”

Could California keep its cleaner air?

Researchers at UCLA are taking this idea further. A study came out this week saying that California has all the policies and technology to stop all human-caused emissions by 2050. 

“We think there is a room for California to achieve that goal ahead of the game,” said Yifang Zhu, one of the authors of the peer-reviewed study published in the journal Nature Sustainability

The authors call for increased energy efficiency across all sectors and reducing emissions from energy creation as the core ways to reach the sped up goal. That would mean a “systematic change” in how Californians consume energy and “more stringent” policies.

“We're talking about 85% electrification rate in the residential and commercial sectors, which we’re not even close to [today],” Zhu said. 

Achieving carbon neutrality is part of the United Nations Intergovernmental Panel on Climate Change’s mission to limit the rise in global temperature to 3.6 degrees Fahrenheit above pre-industrial levels by 2100. 

Zhu says, “nothing in our model in the roadmap is something unrealistic” even at a half a century ahead of the global goal. Doing so would mean fast tracking the state’s existing goals and their models show that by 2050 the savings from curbing emissions will exceed the cost by around $109 billion.

“We need to do more than what we're doing today,” Zhu said. “I want to highlight the cost is actually only 50% compared to the monetary benefits and also want to communicate the urgency for California agencies for stakeholders and policymakers to really act.”

Zhu says, even though the study started before the pandemic began, there’s a lesson to be learned from the COVID-19 crisis. 

“It is cheaper and safer to prevent people from catching and spreading this Coronavirus, then to treat huge numbers of severe cases,” Zhu said. “Similarly [with] climate change it is much better to cut down greenhouse gas emissions to prevent global temperature rise than to figure out how to deal with the potential future catastrophic consequences.”

The authors also note the state’s most disadvantage would benefit. According to the study, the state’s top 25% most polluted census tracts would get 35% of the health benefits of improved air quality. It could also, the study says, have a health effect of 14,000 fewer deaths from air pollution related illnesses every year, it could reduce asthma attacks in 1 million children and decrease cardiovascular hospital admissions by 4,500.

“Reducing greenhouse gas emissions in our state will not only slow down global climate change, but more importantly, will improve the air quality and protect people’s health in our local community,” said co-author Bin Zhao, a former UCLA researcher who is now an earth scientist at Pacific Northwest National Laboratory. 




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Reopening In The COVID Era: How To Adapt To A New Normal

By Julie Appleby, Kaiser Health News

As many states begin to reopen — most without meeting the thresholds recommended by the White House — a new level of COVID-19 risk analysis begins for Americans.

Should I go to the beach? What about the hair salon? A sit-down restaurant meal? Visit Mom on Mother’s Day?

States are responding to the tremendous economic cost of the pandemic and people’s pent-up desire to be “normal” again. But public health experts remain cautious. In many areas, they note, COVID cases — and deaths — are still on the rise, and some fear new surges will follow the easing of restrictions.

“Reopening is not back to normal. It is trying to find ways to allow people to get back out to do things they want to do, and business to do business,” said Dr. Marcus Plescia, chief medical officer at the Association of State and Territorial Health Officials. “We can’t pretend the virus has gone away. The vast majority of the population is still susceptible.”

So far, state rules vary. But they involve a basic theme.

“They are making assumptions that people will use common sense and good public health practice when they go out,” said Dr. Georges Benjamin, executive director with the American Public Health Association.

As states start to reopen, people will have to weigh the risk versus benefit of getting out more, along with their own tolerance for uncertainty. The bottom line, health experts say, is people should continue to be vigilant: Maintain distance, wear masks, wash your hands — and take responsibility for your own health and that of those around you.

“It’s clearly too early, in my mind, in many places to pull the stay-at-home rules,” said Benjamin. “But, to the extent that is going to happen, we have to give people advice to do it safely. No one should interpret my comments as being overly supportive of doing it, but if you’re going to do it, you have to be careful.”

An added caveat: All advice applies to people at normal risk of weathering the disease. Those 60 or older and people with underlying health conditions or compromised immune systems should continue staying home.

“Folks who are at higher risk of having a more severe reaction have to continue to be very careful and limit contact with other people,” Plescia said.

So, should I go to the beach?

There’s nothing inherently risky about the beach, said Benjamin. But, again, “if you can, avoid crowds,” he said. “Have as few people around you as possible.”

Maintain that 6-foot distance, even in the water.

“If you are standing close and interacting, there is a chance they could be sick and they may not know it and you could catch it,” Plescia said. “The whole 6-foot distance is a good thing to remember going forward.”

Still, “one thing about the beach or anywhere outside is that there is a lot of good air movement, which is very different than standing in a crowded subway car,” he said.

Even so, recent images of packed beaches and parks raise questions about whether people are able or willing to continue heeding distancing directives.

But if we’re all wearing masks, do we really need to stay 6 feet apart?

Yes, for two reasons. First, while masks can reduce the amount of droplets expelled from the mouth and nose, they aren’t perfect.

Droplets from sneezing, coughing or possibly even talking are considered the main way the coronavirus is transmitted, from landing either on another person or surface. Those who touch that surface may be at risk of infection if they then touch their face, especially the eyes or mouth. “By wearing a mask, I reduce the amount of particles I express out of my mouth,” said Benjamin. “I try to protect you from me, but it also protects me from you.”

And, second, masks don’t protect your eyes. Since the virus can enter the body through the eyes, standing further apart also reduces that risk.

Should I visit Mom on Mother’s Day?

This is a complex choice for many families. Obviously, if Mom is in a nursing home or assisted living, the answer is clearly no, as most care facilities are closed to visitors because the virus has been devastating that population.

There’s still risk beyond such venues. Data from the Centers for Disease Control and Prevention shows 8 out of 10 reported deaths from the coronavirus are among those 65 or older. Underlying conditions, such as heart or lung disease and diabetes, appear to play a role, and older adults are more likely to have such conditions.

So, what if Mom is healthy? There’s no easy answer, public health experts say, because how the virus affects any individual is unpredictable. And visitors may be infected and not know it. An estimated 25% of people show no or few symptoms.

“A virtual gathering is a much safer alternative this year,” said Benjamin.

But if your family insists on an in-person Mother’s Day after weighing Mom’s health (and Dad’s, too, if he’s there), “everyone in the family should do a health check before gathering,” he said. “No one with any COVID symptoms or a fever should participate.”

How prevalent COVID is in your region is also a consideration, experts say, as is how much contact you and your other family members have had with other people.

If you do visit Mom, wear masks and refrain from hugging, kissing or other close contact, Benjamin said.

My hair is a mess. What about going to the salon?

Again, no clear answer. As salons and barbershops reopen in some states, they are taking precautions.

States and professional associations are recommending requiring reservations, limiting the number of customers inside the shop at a given time, installing Plexiglas barriers between stations, cleaning the chairs, sinks and other surfaces often, and having stylists and customers wear masks. Ask what steps your salon is taking.

“Employees should stay home if they are sick or in contact with someone who is sick,” said Dr. Amanda Castel, professor of epidemiology at Milken Institute School of Public Health at the George Washington University. “Also, employers should make sure they don’t have everyone congregating in the kitchen or break room.”

Some salons or barbers are cutting hair outside, she noted, which may reduce the risk because of better ventilation. Salons should also keep track of the customers they see, just in case they need to contact them later, should there be a reason to suspect a client or stylist had become infected, Castel said.

Consider limiting chitchat during the cut, said Plescia, as talking in close proximity may increase your risk, although “it feels a little rude,” he admitted.

What if your stylist is coughing and sneezing?

“I would leave immediately,” he said.

What about dining at a restaurant?

Many states and the CDC have recommendations for restaurants that limit capacity — some states say 25% — in addition to setting tables well apart, using disposable menus and single-serve condiments, and requiring wait staff to wear masks.

“That’s the kind of thing that does help reduce the chance of spread of infection,” Plescia said.

If your favorite eatery is opening, call to ask what precautions are in place. Make a reservation and “be thoughtful about who you are having dinner with,” said Plescia. Household members are one thing, but “getting into closer physical contact with friends is something people should be cautious about.”

Overall, decide how comfortable you are with the concept.

“If you’re going to go to a restaurant just to sit around and worry, then you might as well do takeout,” he said.

And travel?

Consider your options and whether you really need to go, say experts.

Driving and staying in a hotel may be an option for some people.

If hotels are adequately cleaned between guests, “you could make that work,” said Plescia. Bring cleaning wipes and even your own pillows. Again, though, “if you’re going to see an elderly parent, you don’t want to contract something on the way and give it to them.”

Regarding air travel — airlines are taking steps, such as doing deep cleaning between flights. Fresh and recirculated air goes through special HEPA filters. While there is little specific research yet on the coronavirus and air travel, studies on other respiratory and infectious diseases have generally concluded the overall risk is low, except for people within two rows of the infected person. But a case involving an earlier type of coronavirus seemed to indicate wider possible spread across several rows.

Maintaining distance on the plane and in the boarding process is key.

“Wear a mask on the plane,” said Benjamin.

And plan ahead. How prevalent is the coronavirus in the areas you are traveling to and from? Are there any requirements that you self-isolate upon arrival? How will you get to and from the airport while minimizing your proximity to others?

But if it’s not essential, you might want to think twice right now.

“People who absolutely don’t have to travel should avoid doing it,” said Plescia.

Worship services are important to me. What precautions should be considered?

The distance rule applies as houses of worship consider reopening.

“As much as you can within religious rules, try to avoid contact,” said Benjamin.

He is not giving any advice on Holy Communion, saying that is up to religious leaders. But, he noted, “drinking from the same cup raises the risk if a person is sick or items are touched by anyone who is sick.”

Finally, keep in mind that much is being learned about the virus every day, from treatments to side effects to how it spreads.

“My own personal approach is, try to play it on the cautious side a bit longer,” said Plescia.

Castel agreed.

“We need a little more time to fully understand how COVID-19 works and more time to ramp up our testing, find treatments and hopefully a vaccine,” she said. “We all have social distancing fatigue. But we can continue to save lives by doing this.”




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‘Just Be Courteous’ — CapRadio Answers Your Questions About Anxiety, Who To Listen To And What Precautions To Take As The Stay-At-Home Orders Begin to Lift

By Ezra David Romero

As the state slowly begins to reopen there’s a lot of mixed messages about what it means for Californians because counties, cities and the state are opening at different paces. 

CapRadio recently asked our audience about what concerns them about the reopening beginning to take place. We heard everything from California is opening prematurely so officials should take more caution to relief that some people can go back to work. 

There was an air of anxiety in their responses like this: “I think it is too early, and people just need to calm down. We need more testing before we start making plans to reopen so we can know what we are dealing with.”

Our listeners noted that they’re concerned because there are new transmissions and deaths from COVID-19 almost daily in the state. As of May 6 there were 60,614 cases in the state and 2,504 deaths. 

But how do we move forward? CapRadio’s region encompasses many counties and two states all with different rules. Imagine living in one county with a strict stay-at-home order and working in another where restrictions are limited. That’s the reality for many of our listeners and it’s producing anxiety for some.

We reached out to experts to find out how to meander through all the noise, news and changing guidelines.

What we looked into:

Experts:

Sarah Jaquette Ray - Author, A Field Guide to Climate Anxiety: How to Keep Your Cool on a Warming Planet 

Paul Smaldino - Assistant Professor of Cognitive Science at UC Merced. He studies the interaction between individual behavior and social organization, with a perspective rooted in evolutionary ecology and complex systems.

Holly MartinezDirector of Programs and Advocacy with the California State Parks Foundation.

Kathyrn G. Kietzman - research scientist at the UCLA Center for Health Policy Research. Emphasis in elder health. 

John Swartzberg - an infectious disease specialist at the UC Berkeley School of Public Health.

How to find meaning within this crisis and how to fight off anxiety

Make a list.

That’s the advice Sarah Jaquette Ray is giving people who are dealing with anxiety because of the pandemic. The list should include all the things that are going well, because it will hopefully lift you out of the mundane. 

“Every morning I try to write down a couple of things that I'm going to look forward to that day,” Ray said. “Even if it's as simple as like making lunch for my kids or something dumb like calling my mom … it kind of marks points in my day that are a little bit more redolent with meaning for myself.”

The goal is to milk the value out of what we can control in our lives, Ray said. She recently wrote a book about climate anxiety and she says COVID-19 isn’t too different. 

“Climate change is going to unleash a lot more pandemics,” she said. “There's a direct kind of scientific connection. But in terms of the immediate threat that we feel with COVID, most people don't really feel that with climate change.”

She says people should see pandemics as part of climate change. But she says not to get too caught up in that and think about ways to overcome anxiety. She recommends only consuming media so often, because it can be overwhelming, disruptive and confusing for people.  

“We should be really thoughtful about the media that we consume and be quite disciplined about that because the media that we're consuming is known for trying to capture our negative attention,” she said. “We are also more inclined neurologically to focus on negative news … so we really need to be deliberate about the media that we consume.”

Lastly she says people should focus on what they can control because “that will distract us from a lot of the anxiety and worry, which is going to be there anyway.”

Precautions moving forward

With so many recommendations out there from local, county and state leadership, CapRadio decided to ask public health experts about how to go about life as the economy reopens. 

John Swartzberg, an infectious disease specialist at the UC Berkeley School of Public Health, says it can be hard to know what to do because there is no recent playbook on how to deal with the pandemic. 

“So the next best thing is to turn to people who are making decisions based upon good solid data as opposed to the kind of information we're getting out of the White House,” Swartzberg said.

He applauds how California dealt with bending the curve and he says “we can’t shelter in place forever,” but going back to work may mean a second wave of transmissions. As the pandemic lingers and some people return to their jobs he says it’s still important to socially distance, to use masks and to wash your hands. 

“I worry that people think that if they're wearing a mask, they don't have to be very careful … and that's not the case,” he said. “The mask will help prevent somebody else from transmitting it to you.”

But he says California hasn’t tested enough people and that “without rigorous testing, we may see the curve starting to go up, then we immediately have to pull back.”

Swartzberg reiterated that the virus is still here and we don't know what percentage of the American population has already been infected with it.

“Our best guesses are somewhere between 3 and 5%, which means there's somewhere between 95 and 97% of the American population still susceptible to this virus,” he said. “Nothing has substantially changed since this pandemic began. Nothing.

“It's hard to believe it won't happen, that people are going to get infected in large numbers again.”

Paul Smaldino, a professor who studies collective social behavior at UC Merced, is also concerned a second wave could take place. He recommends taking any precaution you can because this is about protecting each other. 

“Wearing a mask is going to dramatically decrease the chance that you infect someone else; and I think that framing often gets lost,” he said. “You should also think about the fact that if you're sick, you have a responsibility to other people to not infect them. Not just because you're a nice person or whatever, but because we are all part of a society.”

He recognizes needs are different for each community. For example, a rural town might need different rules than a metropolis.

“We also need to remember that we're connected, right?” he questioned. “Just because you live in a low population area doesn't mean you don't have the possibility of infecting someone or being infected by someone in a high population area, even if you yourself aren't going between those areas [because] people still travel.”

How do vulnerable communities move ahead? 

CapRadio also received a lot of questions about seniors and disadvantaged communities that are more prone to catching COVID-19. Some said they’re “scared about more infections and the disproportionate impact on people of color.” Others have illnesses or are of an age that make them more vulnerable and are “not not sure when it will be actually safe to go out or when can we allow family members to visit?”

Kathryn Kietzman studies elder care at UCLA and says it’s very important that vulnerable communities take extra precaution. That may mean staying indoors a lot longer than everyone else. 

“I think that seniors and people of all ages with health conditions need to really proceed with caution and to not assume that because things are starting to open up that means we're free and clear,” she said. 

Because there's so many unknowns, like when a vaccine will be available, she says it’s important for seniors and their loved ones to stay the course.

Kietzman says “it’s a big risk to” open up the economy, because “you can't bring back a life. So, for me, the scales need to be balanced toward protecting and saving lives at all costs.”

For anyone dealing with sickness or 65 years of age or older she recommends talking to your doctor before you follow any order saying you can leave your home. 

“They may be able to help you without you having to leave your home to get evaluated,” she said. “Seniors and others with underlying health conditions that need attention, need to consult a doctor … to find out what can be done in response to their immediate health needs.”

She says it’s still very important to keep seniors in mind and to help them, because they will most likely be the last people to undergo a lifting of stay-at-home orders. 

“If stores are opening up that weren't open before, and an older adult has a need for something, enlist a family member or enlist a caregiver to get those things,” she said. “I would still recommend staying as close to the original stay at home guidelines as possible.”

For any seniors needing someone to chat with she recommends calling the Friendship Line. It’s a 24-hour hotline designed for older adults to have someone to reach out to when feeling anxious or to get information. That number is 1-888-670-1360

Is it safe to go out into the natural world?

Californians love the outdoors. It’s been hard for many to shelter-in-place when some of the best trails, parks and beaches in the world are so close by. 

CapRadio listeners who enjoy the outdoors or live in rural areas are concerned as well. They are worried about people bringing the coronavirus to places like Lake Tahoe, which could have lasting effects on the economy there.

There’s been a lot of confusion, or desire, about where people can recreate during the shelter-in-place orders. Holly Martinez, director of programs and advocacy with the California State Parks Foundation, says that’s because “most Californians don't typically understand the difference between a city, county, regional, state or national park.”

Martinez’s advice is simple. Check to see if the area you want to visit is open before you leave. And if you’re sick stay home no matter what the order for your area is. 

“Don't go outside — that is a really important thing even if you have face covering or gloves, it's just better to be safe than sorry to not expose other people to whatever illness you might have,” she said.

If you are feeling well and choose to hike a trail or visit a beach she says only go with the people you live with. 

“Don't take that risk to expose others who might be carrying the virus and not even know it,” she said. 

When people go outside she recommends wearing a mask and gloves, especially when visiting areas with lots of people. She also says to bring hand sanitizer and lots of water because fountains will likely not be running.  

When hiking, visiting a park or laying out at the beach she says to stay six feet away from people and to make sure your presence is known.

“If you're approaching somebody, simply say hello and move aside giving the other person six feet of space to move by,” she said. “Just be courteous … and be very communicative about your presence so that people are clear that you're there and that we're respecting each other's space so that we can all enjoy these incredible places.”

CapRadio's Helga Salinas contributed to this report.




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Moran v. The Screening Pros LLC

(United States Ninth Circuit) - Revived a tenant's lawsuit against a company that screens prospective tenants. He brought the suit after being denied housing due to criminal history disclosures appearing in his tenant screening report. Reversed the dismissal of his claims under the federal Fair Credit Reporting Act and several California statutes.



  • Landlord Tenant Law
  • Consumer Protection Law

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Geffner v. The Coca-Cola Company

(United States Second Circuit) - Affirmed. Plaintiff brought class action suit against Defendant, Coca-Cola Company alleging misleading naming and marketing of “Diet Coke”. District court dismissed all claims under Federal Rule 12(b)(6). Appeals court that the adjective “diet” referred to caloric content and carries a relative meaning and not an absolute meaning.




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CTIA - The Wireless Association v. City of Berkeley

(United States Ninth Circuit) - Affirmed. An organization of wireless providers appealed the district court's denial of a preliminary injunction in their challenge of a Berkeley ordinance requiring cell phone retailers to warn potential buyers that carrying a phone could cause them to exceed FCC guidelines for exposure to radio-frequency radiation.




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The Need for Spiritual End-of-Life Care

Prayer and a ministry of presence can make an eternal difference.

My grandmother died ten days ago. She was 88 years old. By all accounts she had lived a colorful life, with three husbands, three children, six grandchildren, and seven great-grandchildren. She routinely stated her intention to live another decade. Even though her body was failing her through arthritis and muscle loss, she hadn’t lost her desire to live, to see those great-grandchildren grow up, to enjoy the daffodils in April. But when she was diagnosed with colon cancer in early January and decided not to put herself through surgery, she knew her days were numbered, and she started to prepare to die.

Much has been written of late about the problems with end-of-life care in America. In an earlier post (Have Christians Made an Idol of Life?) I wrote about Ezekiel Emanuel’s argument that Americans should aspire to die around age 75. For many Americans, the final years are a series of financially debilitating medical decisions that—more importantly—result in suffering for patient and family members alike. Many studies have shown that doctors aren’t well-equipped to talk about death with patients, and often physicians suggest further treatments even when they know it will not serve the patient well. For the alleviation of physical suffering and financial burden, a national conversation about health care and end-of-life care has begun. (See, for instance Dying Shouldn’t Be So Brutal in the New York Times, The Ultimate End-of-Life Plan in the Wall Street Journal, and More on Faith and Life Care here in Christianity Today.)

In my grandmother’s case, good health insurance, financial plenty, devoted family members, and a daughter who had worked for years as an oncology nurse secured ...

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