(Supreme Court of California) - Reversed. The City of San Diego authorized medical marijuana dispensaries. It decided that the dispensaries did not constitute a project for the purposes of the California Environmental Quality Act, so an environmental review was not necessary. Plaintiff challenged the failure to conduct an environmental review. The appeals court agreed with the City’s assessment. The Supreme court ruled that an improper test was applied under Public Resources Code section 21065 to determine whether a review was necessary or not. The case was remanded for further proceedings.

(Supreme Court of California) - Remanded. The Plaintiff purchased an insurance policy from Defendant that covered pollution conditions. The policy required notice of any pollution condition and written consent before incurring obligations. Defendant denied coverage for pollution conditions that were found at a dormitory construction site because the policy notice and consent provisions were violated. The Court held that the notice-prejudice rule, which allows insureds to proceed against their insurer even if notice is late as long as it does not substantially prejudice the insurer, is a fundamental public policy of California and applies to consent provisions in first-party liability coverage and not third-party coverage. Remanded to the Ninth Circuit to determine type of policy involved.

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

New Podcast Concept Station "Elevate Radio" To Help Podcasters And Musicians

Cherie Oakley, The Breakthrough Country Performer And Writer Behind A Billboard #1 On Reba McEntire, Lands Her Debut Single Work It On Radio Disney Country.

(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.

(United States Fifth Circuit) - Held that a dispute involving an agreement to purchase power from a wind turbine farm was outside the scope of the parties' arbitration clause. Reversed an order compelling arbitration, in this lawsuit seeking a declaratory judgment regarding the meaning of a contractual provision.

(United States Ninth Circuit) - Held that a dispute between a city and an engineering firm belonged in state court rather than federal court. Affirmed a remand order based on language in the parties' venue selection agreement.

(United States Seventh Circuit) - Held that a construction company's surety (an insurance company) may not augment its contractual indemnification rights with the ancient doctrine of quia timet -- equitable protection from probable future harm. The construction company allegedly had gone belly up on a government project. Affirmed summary judgment against the surety's claim.

(United States Seventh Circuit) - Reversed, where the district court granted summary judgment in favor of a tenured professor who was dismissed for cause. The University’s use of an informal mediator on the hearing committee did not violate the procedural requirements of the employment contract.

(United States Ninth Circuit) - Affirmed. Defendant had a right to compel arbitration, but elected to proceed with a judicial forum. However, during the litigation process, Defendant changed its mind and filed a motion to compel arbitration. The district court held that Defendant had waived its right to compel arbitration.

(United States Ninth Circuit) - Reversed the district court’s dismissal of an action based on the forum selection clause in the parties’ contract. Held that the district court abused its discretion in overriding the strong public policy in Idaho Code section 29-110(1).

(United States Fifth Circuit) - Affirmed. An insurer was not liable for contractual and statutory violations arising from the denial of a commercial property insurance claim. The suit was untimely because re-investigation by the insurer did not toll the accrual of the cause of action.

(United States Fifth Circuit) - Affirmed. All insurance claims were properly denied because while the insured gave timely notice of later claims they failed to give notice of an initial claim within the policy's one year coverage limitation.

(United States Fifth Circuit) - Affirmed. On remand from the Supreme Court the panel determined that the parties to an arbitration clause did not clearly and unmistakably delegate the question of arbitrability to an arbitrator and that the district court had the power to make this determination.

(Supreme Court of California) - Remanded. The Plaintiff purchased an insurance policy from Defendant that covered pollution conditions. The policy required notice of any pollution condition and written consent before incurring obligations. Defendant denied coverage for pollution conditions that were found at a dormitory construction site because the policy notice and consent provisions were violated. The Court held that the notice-prejudice rule, which allows insureds to proceed against their insurer even if notice is late as long as it does not substantially prejudice the insurer, is a fundamental public policy of California and applies to consent provisions in first-party liability coverage and not third-party coverage. Remanded to the Ninth Circuit to determine type of policy involved.

Starting Monday, May 11th, the ferry service “will resume under a reduced operating schedule with limited passenger capacity.” A...

The Bermuda Police Service’s Financial Crime Unit is investigating credit card fraud, with at least three establishments reporting that goods...

[Ministerial statement by Minister of Labour, Community Affairs and Sports Lovitta Foggo] Mr. Speaker, May is a time when the whole of Bermuda...

“The three new positive COVID-19 cases reported in Wednesday evening’s press conference were residents in three of our Long Term Care homes,...

Darren Burchall, a former national youth team footballer who now teaches in Shenzhen, China, recently took the time to salute those taking part in...

By Ezra David Romero

By Bert Johnson

(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 Second Circuit) - Held that a consumer could not proceed with a claim that a debt collection letter unlawfully failed to inform him of certain information. Affirmed the dismissal of his proposed class action lawsuit against the debt collector under the Fair Debt Collection Practices Act.

(United States Ninth Circuit) - Revived a consumer's claim that a nonprofit corporation involved in student loans was vicariously liable for violation of the Telephone Consumer Protection Act, because it had ratified student loan debt collectors' illegal calling practices. Reversed a summary judgment ruling.

(United States Second Circuit) - Held that recipients of unsolicited spam text messages had legal standing to bring a lawsuit against the company that sent them. Affirmed a ruling in a class action suit under the federal Telephone Consumer Protection Act.

(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.

(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.

(United States Ninth Circuit) - Affirmed Defendant’s summary judgment against Plaintiff, holding that the Fair Credit Reporting Act did not require Defendant to initiate a reinvestigation of incorrect credit report items because Plaintiff did not directly notify Defendant of disputed items.

(United States Ninth Circuit) - Reversed district court’s dismissal of Plaintiff’s enforcement action against Defendant for alleged fraud in precious metal sales. Defendant maintained that there was an exception in the Commodity Exchange Act for retail commodity sales. Held that the burden was on the Defendant to prove that the exception applied and the exception could be satisfied if the commodity sat in a third-party depository. However, that was not the case in this suit. Plaintiff was not barred from bringing suit and the action should not have been dismissed. Remanded for further proceedings.

(United States Seventh Circuit) - Reversed. The court reversed the dismissal of a class action consumer fraud and deceptive business case involving cat food labeled prescription cat food that was not materially different from regular cat food. The fraud claim was sufficiently pled and the Food, Drug and Cosmetic Act's safe harbor didn't apply.

(United States Seventh Circuit) - Restitution award vacated. The FTC sued Defendant for several violations of consumer protection statutes. The trial court found for the FTC, entered a permanent injunction against Defendant and ordered $5 million in restitution to the FTC. The appeals court affirmed the judgment as to the violations of consumer statutes and the injunction but held that restitution was not authorized by section 13(b) of the Federal Trade Commission Act.

A compilation of the past three weeks of posts about contraception.

I've been interested in the topic of contraception and faith for quite some time, both in light of my own unwillingness to think about contraception in theological terms in the early years of my marriage (an unwillingness I have observed in others as well), and also in the way decisions about contraception spill into the public square. As the series comes to a close, I wanted to recap the series of posts that provide personal stories and comprehensive views on contraception

Are Christians Afraid to Talk about Contraception?

As I wrote in this introdution to this series, "I hope that this range of voices and perspectives will aid us in thinking through these decisions in a way that brings God into the conversation. I hope they will provoke civil disagreement and growth. I hope they will expose our fears and open us up to life-giving possibilities."

Contraception Saves Lives, Rachel Marie Stone

Here, Rachel's experiences as a doula in Malawi prompted her to take a second look at Margaret Sanger, and, more importantly, to consider the social good of providing contraception for women who want to be able to limit the number of children they conceive.

Questioning Margaret Sanger, Amy Julia Becker

Rachel's post set off a storm of internet disagreement. I responded to the storm with both an apology for the confusion the post provoked as well as a plea to consider the central claim that contraception can save lives.

A Doctor's View on Hormonal Contraception, Dr. Emily Gibson

Many Christians worry that hormonal contraceptive methods work as abortifacients. Dr. Emily Gibson considers the ethical and personal questions that arise with the advent of hormonal contraceptive methods.

Why I Have Seven Children, ...

Continue reading...

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 ...

Continue reading...

Everyone can experience God’s presence through worship

In honor of autism awareness month, Jared Kennedy reflects on his daughter Lucy's experience as a part of a church community:

Kelly couldn’t wait to talk after the service. She met Megan and me in the stairwell on our way to the children’s wing. “I have to tell you about Lucy’s morning!” At that moment, anxious questions filled my head. “Did she bolt from the classroom? Did she have a meltdown? Did anyone get hurt?”

Lucy was diagnosed with Autism at age 3. Over the past five years, we’ve pressed into daily therapy and training with love, and we’ve seen our little redhead grow and progress. Lucy’s verbal and language skills were essentially non-existent at the time of her diagnosis. Now she can clearly ask us to play “Let It Be” or “Lucy in the Sky with Diamonds” on the car stereo. But Lucy still struggles profoundly. She has some obsessive tendencies. For example, (in addition to the Beatles) she’s a fan of Martina McBride’s Christmas album, and we’re still playing it in the car a week after Easter. Though she’s grown in social awareness and language skill, we’ve seen the gap between Lucy’s actual age and her developmental age steadily increase. At age 8, we’re still working on potty training. And some of Lucy’s more persistently negative behaviors—such as frequent tantrums and bolting away from tutors and care givers—are more like those you’d expect from a toddler.

That’s why, when Kelly greeted us in the stairwell, I didn’t immediately expect the best. But this was good news. It was a baptism Sunday. At the service, one of our youth who recently graduated ...

Continue reading...

A new study demonstrates the role of culture in welcoming children with Down syndrome.

For years, I have read news headlines in Christian and secular outlets, from conservatives and liberals alike, stating that “90% of babies with Down syndrome are aborted.” As I have argued before, and as a new study demonstrates, it’s just not true. Correcting this common misconception matters both in providing accurate information to pregnant women and in normalizing the experience of receiving a child with Down syndrome.

Last week, the American Journal of Medical Geneticspublished a study about the birth rates of babies with Down syndrome in the United States. The study estimates live births of babies with Down syndrome from 1900-2010, with a focus upon the effect of prenatal screening programs within the United States on the population of babies with Down syndrome. After factoring in the expected number of live births, miscarriages, and stillbirths, it then posits a “reduction rate.” This reduction rate demonstrates the number of babies with Down syndrome that are not born as a result of selective abortion.

To be specific, in 2006-2010 theses researchers estimate around 5,300 babies were born with Down syndrome annually. During this same time period, approximately 3,100 babies with Down syndrome were selectively aborted each year. Around 800 of those aborted babies would have died before birth, so without selective abortion, the researchers estimate there would be around 7,600 live births with Down syndrome. The reduction rate of babies with Down syndrome in the United States in 2010 was around 30 percent. In other words, without selective abortion, the number of babies born with Down syndrome in recent years would have been about 30 percent higher than it actually has been.

So why ...

Continue reading...

What one night at lacrosse practice showed me about who he is becoming.

April is my bittersweet month, when the world turns blue for autism awareness, when it’s more conscious of the thing that is my constant companion. But after April, the world sometimes forgets.

I cannot.

When he was little, our neurologist commended us for being proactive in seeking Noah’s Asperger’s Diagnosis. Strange, I thought. As if we could wait, when Noah was flapping, refusing eye contact, and fixating; as if other parents would have missed it. But they do. Parents miss things. We are so fallible. We are busted and time-weary and inexperienced. Sometimes we don’t see things until later, when a child on the spectrum stands out among his peers like a road flare in the dark.

Tuesday was the first lacrosse practice of the year for Noah. Lacrosse requires a hand-eye coordination that’s so hard for him. He’s also started with a new league, where he knows neither the coaches nor the players. On this night, my husband was traveling and I had neglected to ensure my son had all required equipment. Being only passingly familiar with lacrosse, I eyeballed his gloves, helmet, and stick and thought we were covered.

We were, in fact, not.

We were missing Noah’s pads, his jersey, and a pair of shorts. He was going to have to practice in sweatpants, indoors. This would be unremarkable, save for the fact that he was also wearing a long-sleeved shirt, and Noah sweats like a hog in July. What’s more? We’d forgotten his sports bottle. I had visions of Noah’s heat-stroking, unprotected body being pelted by balls as he begged the coach for water.

The only thing “right” that night was the fact that we were punctual, and had just enough time to approach ...

Continue reading...

The best of faith, family, disability, and culture as I say goodbye to blogging.

One of the wonderful aspects of blogging is that I get to write about pretty much anything that is on my mind and might connect with readers. Over the past 15 months of blogging for Christianity Today, I've written or edited nearly 200 posts. As I wrote last week, many posts soar to the top of the charts for predictable reasons (i.e., the word sex is in the title or it relates to pop culture). In highlighting the "best" posts of this blog, I didn't only pay attention to the number of pageviews they garnered, but also to the ideas contained within. Here are my nine favorites posts:

The Problem with Quiet Times

As a mother of three small children, when I stopped having disciplined set apart time with God, my faith grew.

Why We Still Go To Church

It's inconvenient and inefficient and sometimes doesn't even feel spiritual. But I'm glad we keep showing up.

Want a Better Devotional Life? Buy a Bird Feeder

What my grandfather and my son taught me about patience, love, and a gentle spirit.

The Serious Pleasure of Summer Reading

An argument for why reading matters, and a list of ten books—for kids and adults—to challenge and entertain.

How Christians Should Talk About Sex

"Although I want to hold out a biblical ideal of sex, I want to do so in very unbiblical terms." What Rolling Stone and Paul have taught me.

John Perkins: The Sin of Racism Made Ferguson Escalate So Quickly

In the wake of the events in Ferguson last summer, I had a chance to interview Christian civil rights leader John Perkins.

What Slowing Down Teaches You That Rushing Never Will

Although there have been a number of wonderful guest posts here, this is my very favorite: Elisa Fryling Stanford,mother of a ...

Continue reading...

Final thoughts on family, faith, and what matters most.

When I first met my husband I was 16 years old. I would have said I fell in love with him immediately. We stood in the darkness of an October night and talked and talked. Two months later we exchanged those words—I love you—also whispered in the dark of night. But it took five more years before we were married, and in that time, that intense emotion that had carried us through the early months became more measured. I still felt giddy when I saw him. I still wanted to spend my life with him. I still counted him as my best friend. But true love, I learned, is slower than that initial emotional and physical connection led me to believe.

Loving our kids was similar. I felt a surge of affection (hormones?) after they were born. I felt fierce protective instincts. I was willing to sacrifice sleep and energy. But building that base of love with them took years. it went slowly. It felt as though the feeling of love was interrupted by the reality of changing diapers and spraying avocado off clothing and willing myself out of bed for one more trip to the potty in the middle of the night. But over time I learned that those moments I saw as interruptions were in fact the seeds of love. Over time, they grew.

In Matthew 13, Jesus tells a parable about the word of God. He says it is like a farmer sowing seed. He says that it falls on all different types of soil, and that when it falls on good soil it grows. I’ve always wanted to have good soil, to be the one whose faith grows firm and strong forever. Truth be told, there have been plenty of seasons where my life resembles the hard soil or the soil that produces quick growth and quick demise. But I’ve only recently noticed that the seed in the good soil, even ...

Continue reading...

Rachael Sage Has Released A New Single, “Bravery’s On Fire" After Revealing Cancer Diagnosis; All Proceeds From Single And Charity Shows To Benefit Women's Cancer Research.

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

Montreal Hip-hop Collective Triple-R Has Signed With Squash Comp And Released Their Debut Album “Red Rum Records”

#62ndGrammyAwards #GrammyAwards #GrammyNominations #MelissaB

#62ndGrammyAwards #Blues #GrammyAwards #GrammyNominations

Carla Williams, The Songstress That Captured New Release Today’s “Indie Artist To Watch” In March 2019, Released Her Latest Single He’s Love Today On Apple Music, ITunes, Amazon And Google Play.

Lynch Welcomed Steel Guitar Hall Of Famers Chubby Howard, Joe Wright, Lyn Owsley, Billy Robinson And Russ Hicks To Keepin’ It Country Farm In Ohio.

Available On 12-inch Vinyl, CD Single And Digitally.