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NNADOZIE v. MANORCARE HEALTH SERVICES LLC HCR MD LLC

(US 4th Circuit) - No. 19-1369




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AEG Presents and Live Nation offer refunds after consumer anger, lawmaker pressure

Live Nation and AEG Presents will offer refunds to ticketholders whose events have been canceled due to coronavirus.





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Colorado jazz festivals reschedule and regroup in response to coronavirus outbreak

Due to the coronavirus, several of Colorado's jazz festivals have been canceled or postponed until next year.




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Feldman: America has no plan for the worst-case scenario on COVID-19

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.




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Friednash: Deploy federal funds to feed seniors and rescue Colorado’s restaurants

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




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Kafer: Biden grabs DeGette’s endorsement despite #MeToo allegations

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.




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Justice Department dropping Flynn’s Trump-Russia case

The Justice Department on Thursday said it is dropping the criminal case against President Donald Trump's first national security adviser, Michael Flynn, abandoning a prosecution that became a rallying cry for the president and his supporters in attacking the FBI's Trump-Russia investigation.




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Colorado Republican Chair Ken Buck in the hot seat after revelations over election results

Colorado Republican Chairman Ken Buck is facing criticism from within his own party after revelations that he pressured another party official to submit incorrect election results — and then spent party money to defend the move. At least two party executives say they were surprised to learn Buck — who’s also a U.S. representative — […]




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Ken Buck aide among those accused of election fraud, corruption by Weld County GOP chair

The Weld County GOP chairman has filed a complaint with the local district attorney and the Secretary of State’s Office accusing an aide to Republican U.S. Rep. Ken Buck and three others of election fraud and corruption.




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Reading Health System v. Bear Stearns and Co. n/k/a J.P. Morgan Securities LLC

(United States Third Circuit) - Affirmed that a broker-dealer was required to arbitrate a customer's claim. The broker-dealer had placed a contractual clause in its agreement with an institutional customer stating that the customer must bring any claims arising out of their agreement in a particular federal court. Splitting from several other circuits on the enforceability of such forum-selection clauses, the Third Circuit held that the clause was unenforceable because it would circumvent Financial Industry Regulatory Authority (FINRA) Rule 12200. The panel therefore affirmed an order compelling the broker-dealer to submit to FINRA arbitration.




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Berardelli v. Allied Services Institute of Rehabilitation Medicine

(United States Third Circuit) - Held that the federal Rehabilitation Act generally requires that individuals with disabilities be permitted to be accompanied by their service animals. The plaintiffs in this case were the parents of an elementary school student with epilepsy who wanted to be accompanied at school by her service dog. On a question of first impression in the federal courts of appeals, the Third Circuit concluded that such requests for reasonable accommodation are per se reasonable in the ordinary course. The panel held that the district court's contrary jury instructions constituted reversible error.




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Lifewatch Services Inc. v. Highmark Inc.

(United States Third Circuit) - Reinstated a medical device seller's claim that certain Blue Cross Blue Shield health insurance companies violated antitrust law by unreasonably restraining trade in the national market for outpatient cardiac monitors. The seller of a cardiac monitoring device contended that it was shut out of the market because the defendants conspired to deny insurance coverage for its product to shield themselves from patient demand for it. Holding that the seller stated a claim under section 1 of the Sherman Act, the Third Circuit reversed dismissal of the complaint and remanded for further proceedings.



  • Antitrust & Trade Regulation
  • Health Law
  • Drugs & Biotech

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Long v. SEPTA

(United States Third Circuit) - Held that job applicants had legal standing to pursue claims that a prospective employer violated the Fair Credit Reporting Act by failing to send them copies of their background checks. The employer argued that the job applicants lacked standing because they alleged a bare procedural violation of the statute but no concrete injury in fact. Disagreeing, the Third Circuit reversed the district court in relevant part and remanded.




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Trinity Industries Inc. v. Greenlease Holding Co.

(United States Third Circuit) - Vacated a ruling allocating the costs of cleaning up a contaminated manufacturing site. A successor company brought a contribution action against its predecessor company seeking to recover the costs it had incurred when government regulators forced it to remediate the site. The district court arrived at a percentage method of splitting the costs between the two companies, but on appeal the Third Circuit reversed and remanded for further proceedings.




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Easley v. Collection Service of Nevada

(United States Ninth Circuit) - Held that a bankruptcy debtor who sought damages for willful violation of the automatic stay was entitled to attorney fees on appeal. When an appeal is necessary to secure such damages, appellate attorney fees and costs should also be granted to a successful debtor, regardless of which party brings the appeal. Reversed the district court's order.




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In re Living Benefits Asset Management LLC

(United States Fifth Circuit) - Held that a contract to provide financial services was voidable because the company had failed to register as an investment adviser, as it was required to do under the Investment Advisers Act. Affirmed a ruling on this question in the company's bankruptcy proceeding.




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Fishback Nursery, Inc. v. PNC Bank

(United States Fifth Circuit) - In a lien contest among creditors of a bankrupt commercial farm, held that a bank's lien outranked the agricultural liens of nurseries that sold the farm trees and shrubs. Affirmed a summary judgment ruling.




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Double Eagle Energy Services v. MarkWest Utica EMG

(United States Fifth Circuit) - Vacated and remanded. Subject matter jurisdiction is determined when the federal court's jurisdiction is first invoked, so although subsequent changes eliminated the basis for jurisdiction the propriety at the time of filing supported the continuation of the case.




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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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Saunders: MLB’s five-round draft is another blow for minor-league baseball

Minor-league baseball -- the dreams it inspires, the smaller cities that embrace it and the talent it develops for big-league teams -- is undergoing seismic changes.




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Colorado legislature can resume its regular session after breaking for coronavirus, Supreme Court rules

Colorado lawmakers don't have to meet for 120 consecutive days during a declared public health emergency, the Colorado Supreme Court ruled in a narrow decision Wednesday.




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Colorado state employees’ raises at risk because of coronavirus’ economic impact

Colorado lawmakers may forgo raises next year as they anticipate having to make major changes in the overall state budget -- including eliminating raises for all state employees.






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JONES v. SERVICE ELECTRIC CABLE TV INC

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




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Ramirez v. Sessions

(United States Fourth Circuit) - Granting a petition for review, vacating an order of removal, and remanding a Board of Immigration Appeals finding a Salvadoran man ineligible for the Nicaraguan Adjustment and Central American Relief Act because convictions for obstruction of justice did not qualify as crimes involving moral turpitude.




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Gonzalez v. Sessions

(United States Fourth Circuit) - Petition granted; reversed and remanded the decision of the Board of Immigration Appeals which had found that payment of court costs qualified as a conviction under the Immigration and Naturalization Act. Plaintiff entered the US illegally and then several years later pled guilty to a misdemeanor marijuana charge where the court withheld adjudication of guilt and assessed $100 in court costs. The Fourth Circuit held that the assessment of court costs was not a punishment and therefore there was not a conviction.




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Sierra Club, Inc. v. U.S. Forest Service

(United States Fourth Circuit) - Vacated federal agency decisions approving construction of a natural gas pipeline through a national forest. Several environmental groups challenged the Bureau of Land Management's and U.S. Forest Service's rulings allowing the pipeline to be built. On a petition for review, the Fourth Circuit agreed with the environmental groups that the federal agencies failed to fully comply with the National Environmental Policy Act, the Mineral Leasing Act, and the National Forest Management Act, and therefore the appeals court vacated and remanded to the agencies for further proceedings.




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Sierra Club v. National Park Service

(United States Fourth Circuit) - Vacated actions taken by two federal agencies that provided necessary approvals for the Atlantic Coast Pipeline. When the Fish and Wildlife Service and the National Park Service granted certain environmental authorizations that were needed to construct the 600-mile pipeline, which is designed to transport natural gas from West Virginia to the eastern portions of Virginia and North Carolina, environmental groups filed a petition for review of the agencies' actions. Agreeing with the environmental groups that both agency decisions were arbitrary and capricious, the Fourth Circuit vacated both administrative rulings.




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Shaw v. Sessions

(United States Fourth Circuit) - Affirmed an administrative decision ordering a lawful permanent resident removed from the United States. The British citizen had pleaded guilty under New Jersey's generic conspiracy statute to agreeing with another person to commit a crime. On appeal, he argued that the crime to which he pleaded guilty was not a controlled-substance offense within the meaning of the immigration law provision upon which his removal was based, but the Fourth Circuit rejected his argument and, in a 2-1 decision, denied his petition for review.




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US v. Under Seal

(United States Fourth Circuit) - Affirmed. Pursuant to a plea agreement, defendant pleaded guilty to conspiracy to commit access-device fraud and aggravated identity theft. The district court imposed a sentence of 49 months, but the defendant appealed the sentencing arguing that the court erred in allowing the government to decline to seek sentence reduction. The Fourth Circuit found no error.




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NetEase Cloud Music Sign Distribution Partnership With B2 Music

Chinese Music Streaming Service To Release Billboard "Best Of Asia" Album Series




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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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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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Darcus Beese Named President Of Island Records

Renowned U.K. Music Executive To Join Universal Music Group's U.S. Label Leadership




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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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Put on Your Own METALLICA Show During the Pandemic With This Mini-'Master of Puppets' Playset

When it first made its debut fifteen years ago, this adorable Metallica "Master of Puppets" playset (made by Stevenson Entertainment...

The post Put on Your Own METALLICA Show During the Pandemic With This Mini-'Master of Puppets' Playset appeared first on Metal Injection.










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RTD to reduce service on B-Line, G-Line due to coronavirus pandemic; no change to A-Line service

RTD will add two of its three commuter rail corridors to the long list of bus and train routes set to go undergo frequency reductions starting April 19 due to steep ridership drops resulting from the coronavirus pandemic.





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Coronavirus-induced RTD service reductions start Sunday

Every bus and rail line except for train service to Denver International Airport will see drastically reduced service starting Sunday, as the Regional Transportation District adjusts to a coronavirus pandemic that has gutted its ridership.




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Angry Mob Music Group Hires Paula Savastano As Senior Director Of Copyright & Royalties

Savastano Will Oversee Audits, Royalty Collection And Processing, Licensing, Copyright Issues, And All Other Copyright And Royalty Duties.




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Angry Mob Music Group Signs Exclusive Worldwide Co-Publishing Deal With LA-Based Songwriting/Production Team Schmarx & Savvy

The Deal Covers All New Works From The Versatile Power Duo, Whose Successes Include The #1 ITunes Electronic Hit “Touch” By 3LAU Featuring Carly Paige.