(United States Second Circuit) - Vacated and remanded. A complaint alleging claims for forced labor and human trafficking in violation of the Trafficking Victims Protection Act was improperly dismissed because the plaintiff plausibly stated claims.

(United States Second Circuit) - Vacated and remanded. Palin appeals the dismissal of her defamation complaint against The New York Times for failure to state a claim. Finding the district court erred in relying on facts outside the proceedings, the case is remanded for further proceedings.

(United States Second Circuit) - Affirmed. The district court granted Defendants’ motion to dismiss for failure to state a claim. Plaintiffs failed to plausibly allege that the defendants knowingly aided or abetted November, 2005 attacks in Jordan.

(United States Second Circuit) - Vacated and remanded. Finding the district court’s decision conflicts with 2nd Circuit precedent in Doe v. Columbia University, the judgement dismissing Menaker’s complaint for failure to make a claim reversed.

(United States Second Circuit) - Affirmed. The application of the Commodity Exchange Act to alleged misconduct in trading of crude oil extracted from Europe’s North Sea is impermissibly extraterritorial.

As Denver prepares to lift its stay-at-home order on Friday, a key business remains closed: restaurants.

Six Colorado restaurants and distilleries have been nominated for James Beard awards. Here's what to order from them.

The U.S. Justice Department can not withhold millions of dollars in federal funding to Colorado law enforcement agencies by attaching immigration-related terms and conditions to securing the grants according to a federal judge's ruling.

The development manager accused of showing favoritism toward a construction bidder on the Colorado Convention Center expansion project has signed a $250,000 settlement with state investigators.

Local government orders mandating residents wear masks have become a political flash point in Colorado’s ongoing coronavirus pandemic response.

(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 Federal Circuit) - Defendant appealed from a judgement of the US Court of International Trade in favor of plaintiff. The Court of Appeals held that the Court of International Trade lacked jurisdiction to hear plaintiffs claims and reversed the judgement. The Appeals court concluded that jurisdiction under 28 USC section 1581 may not be invoked until administrative remedies are exhausted.

(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 Ninth Circuit) - Affirmed that the U.S. Olympic Committee and USA Track and Field did not violate antitrust law by imposing advertising restrictions during the Olympic Trials. A chewing gum company that wished to pay to display its logo on athletes' apparel brought this suit to challenge the advertising restrictions. Rejecting the company's arguments, the Ninth Circuit held that the defendant organizations were entitled to implied antitrust immunity on the basis that their advertising restrictions were integral to performance of their duties under the Ted Stevens Olympic and Amateur Sports Act.

(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) - Affirmed the dismissal of a liquor distributor's claim under the RICO statute against other liquor distributors. The New York metropolitan area's exclusive distributor for many leading brands of liquor brought this suit alleging that two of Maryland's largest liquor distributors were smuggling liquor into New York, cutting into its sales. The district court dismissed the case because the smuggling operation, as alleged, did not directly cause the plaintiff to lose sales, and therefore the plaintiff did not adequately allege proximate cause under RICO. Agreeing, the Second 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.

(United States Ninth Circuit) - Revived a RICO lawsuit brought by importers of garlic who alleged that rival importers had conspired to harm their businesses. Reversed a dismissal in relevant part and remanded.

(United States Second Circuit) - Affirmed. The application of the Commodity Exchange Act to alleged misconduct in trading of crude oil extracted from Europe’s North Sea is impermissibly extraterritorial.

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 →

I’m happy to share this reflection from my colleague Natalie Fleury who runs our small claims mediation clinic which, as elsewhere, was forced to distance mid-semester.  I expect we will all have lessons as we move forward and plan for the fall semester as well! “Could we try and mediate over the phone?” I was … Continue reading Student Lessons on Distance Mediation →

It's Happening Tonight, December 14, From 6-10 PM (PST)

Diskery Gets New Twitter Account

Van lifers are used to wandering the roads. But now, they're stuck in one spot -- and trying to not draw attention to themselves.

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

(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) - 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) - 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 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 a conviction on drug-smuggling charges. The defendant, who was caught with two other men aboard a vessel carrying 70 kilograms of cocaine, argued that he was a mere transporter of the contraband and thus was entitled to a minor participant reduction under the U.S. Sentencing Guidelines. Finding no error in the sentence, the First Circuit affirmed.

(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 a homeowners' action to void a mortgage and enjoin their property's foreclosure sale. The lenders argued that the homeowners had waited too long to assert their claims under the Real Estate Settlement Procedures Act, the Truth in Lending Act, RICO and other statutes, because they entered into the mortgage in 2005 and defaulted on it in 2009. The First Circuit agreed that their claims were time-barred, rejecting the homeowners' fraudulent concealment argument and other attempts to escape the time bars.

(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.

(United States First Circuit) - Affirmed the dismissal of a defamation suit brought by a hedge fund manager who claimed Bloomberg News falsely reported that he was being investigated by the Securities and Exchange Commission. The plaintiff brought suit against Bloomberg, as well as the reporter and editor of the story, alleging that they had defamed him and committed other common-law torts. Agreeing with the district court, the First Circuit held that the plaintiff was required to plausibly allege actual malice because he was at least a limited-purpose public figure and that he had failed to allege such facts.

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

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

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

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.

Gov. Jared Polis said Friday that his goal is to have Colorado’s restaurants reopen in May, possibly before Memorial Day, depending on the effectiveness of the state’s new “safer-at-home” phase.

As schools across Colorado closed in March to slow the spread of coronavirus, food service directors and cafeteria workers swung into action, setting up an extensive network that has handed out hundreds of thousands of meals, many of them to families short on food for the first time.

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.

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?

Apparently when you’re rich and powerful “you can do anything… grab them by the (ahem)” and get away with it.  Guess Trump was right about that.

The Denver Actors Fund on Tuesday announced a $35,000 emergency relief fund for Colorado theater artists who have been hurt by the coronavirus shutdown.