it

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.




it

Bland v. City of Newark

(United States Third Circuit) - Held that police officers were entitled to qualified immunity from claims arising out of a wild high-speed chase that ended with the motorist being shot between 16 and 18 times. The apparently unarmed motorist and his wife filed this suit alleging that the officers violated the motorist's Fourth Amendment rights. On interlocutory appeal from the denial of qualified immunity, the Third Circuit held that the officers' conduct was within the bounds of the Supreme Court's relevant decisions regarding the use of lethal force, and the officers were entitled to summary judgment on qualified immunity grounds.




it

Newark Cab Association v. City of Newark

(United States Third Circuit) - Affirmed the dismissal of taxi operators' constitutional challenge to an agreement that the City of Newark entered into with the ride-sharing service Uber. The taxi operators claimed that the City had violated their constitutional and state law rights by subjecting Uber and similar ride-sharing services to less onerous regulations than those imposed on taxi and limousine operators. Unpersuaded by these arguments, the Third Circuit held that the potentially unfair situation created by the City's decision could not be remedied through the plaintiffs' constitutional and state law claims.




it

Murray v. City of Philadelphia

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




it

Mitchell v. Superintendent Dallas SCI

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




it

Cup v. Ampco Pittsburgh Corp.

(United States Third Circuit) - Held that a company could not be compelled to arbitrate a dispute over retiree healthcare benefits. The manufacturing company argued that the dispute over retiree benefits was not arbitrable because there was no provision in the collective-bargaining agreement regarding such benefits, and the memorandum of agreement discussing the matter did not provide for arbitration. Agreeing with the company, the Third Circuit concluded that the district court erred in ordering that the dispute be arbitrated under the Labor Management Relations Act.



  • Labor & Employment Law
  • Health Law
  • Dispute Resolution & Arbitration

it

In re Johnson and Johnson Talcum Powder Products Litigation

(United States Third Circuit) - Held that a consumer who purchased baby powder without being informed that it increased the risk of ovarian cancer (as she alleged it did) had no standing to pursue claims for economic injury. The plaintiff argued that she and other consumers would not have purchased the baby powder in the first place had they been properly informed about its alleged risks. Emphasizing that she was asserting only economic harm, the Third Circuit affirmed dismissal of her class-action complaint, explaining that the product had functioned for her as expected.




it

Lupu v. Loan City LLC

(United States Third Circuit) - Held that a real estate title insurer had a duty to defend the insured party (here the successor to a lender) against certain claims of the borrower/mortgagor. The title insurer disputed that it had a duty to defend. Applying Pennsylvania law, the Third Circuit held that a duty to defend existed under the facts, but only as to certain of the borrower's claims.




it

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.




it

In re City of Stockton

(United States Ninth Circuit) - In a case involving the City of Stockton's municipal bankruptcy, dismissed an appeal filed by a person who objected to confirmation of the city's Chapter 9 plan. Held that his appeal was equitably moot. Also held that his claims failed on the merits.




it

The PACA Trust Creditors v. Genecco Produce Inc.

(United States Second Circuit) - Affirmed a judgment in a dispute between two creditors of an agricultural produce company that filed for Chapter 7 bankruptcy. One of the creditors was another produce company that did business with the debtor. Because the goods were perishable agricultural commodities, the case involved the federal Perishable Agricultural Commodities Act.




it

In re Ondova Limited Co.

(United States Fifth Circuit) - Held that bankruptcy trustees are entitled to qualified immunity for personal harms caused by actions that, while not pursuant to a court order, fall within the scope of their official duties. Affirmed the dismissal of an adversary proceeding against a bankruptcy trustee.




it

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.




it

Trinity 83 Development LLC v. ColFin Midwest Funding LLC

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




it

In re Pettit Oil Co.

(United States Ninth Circuit) - In the bankruptcy proceeding of a distributor of bulk petroleum products, held that a consignor's unperfected security interest in fuel and monetary proceeds was subordinate to the trustee's interest. Affirmed the judgment below.




it

In re Latitude Solutions, Inc.

(United States Fifth Circuit) - In a lawsuit that a bankruptcy trustee brought against officers and directors of the debtor company and others who allegedly participated in a securities fraud scheme, affirmed a jury verdict in part and reversed it in part.




it

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.




it

Chambers: Nashville comes in No. 1 in my top NHL cities

In normality, life without hockey is barely tolerable during the quiet months of July and August -- from the time free agency dries up to the start of rookie camp in early September.




it

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.




it

Colorado lawmakers could return to the Capitol as early as May after breaking for coronavirus

Colorado lawmakers are hopeful that they'll be back at the Capitol as early as May, but they caution that it will depend on the advice of experts and whether the state's state-at-home order is still in place.




it

Colorado lawmakers bracing for coronavirus budget hit of up to $3 billion

The state's budget writers are now planning for a shortfall that's measured in billions rather than millions -- taking the possibility of new spending off the table and threatening existing programs.




it

Colorado’s Democratic lawmakers call on community, colleagues to denounce hate, bigotry during coronavirus pandemic

Democratic state lawmakers say hate and bigotry are on the rise during the COVID-19 pandemic and they’re asking Coloradans to join them in condemning it.




it

Colorado Democrats “cautiously optimistic” about “safer at home,” despite concerns over rollout

When some of Colorado's Democratic lawmakers found out about Gov. Jared Polis's decision not to extend the state's coronavirus stay-at-home order and instead allow certain types of businesses to soon begin reopening, they were frustrated.








it

Ohio Valley Environmental v. Scott Pruitt

(United States Fourth Circuit) - Reversed. Several environmental groups brought suit against the EPA for failing to perform duties under the Clean Water Act as to impaired waters in West Virginia. The district court found that plaintiffs have standing to bring the claim and granted summary judgment in their favor. The appellate court agreed that plaintiffs have standing, but reversed the grant of summary judgment. The appellate court reasoned that the doctrine of constructive submission under 33 USC section 1313(d)(2) which would have triggered the EPA’s duty to act was overcome by West Virginia’s partial compliance and agreement to do more. Therefore constructive submission would not apply and summary judgment improper.




it

Strothers v. City of Laurel, Maryland

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




it

Abdul-Mumit v. Alexandria Hyundai LLC

(United States Fourth Circuit) - Affirmed the dismissals of three consumer lawsuits alleging that Hyundai Motor America misrepresented the estimated fuel economy of certain models of the Hyundai Elantra. In affirming the dismissals, the Fourth Circuit held that the complaints failed to satisfy federal pleading standards, except as to a single claim in one of the complaints, which the appeals court dismissed for lack of jurisdiction.




it

Children's Hospital of the King's Daughters, Inc. v. Azar

(United States Fourth Circuit) - Affirmed an order enjoining the U.S. Department of Health and Human Services from enforcing a Medicaid reimbursement policy that was set forth in a Frequently Asked Questions document. The plaintiff, a hospital, contended that the reimbursement policy was not validly promulgated because there was no formal rulemaking as required by the Administrative Procedure Act. Agreeing, the Fourth Circuit held that the FAQ document was insufficient and that notice-and-comment rulemaking was necessary.




it

US v. Chittenden

(United States Fourth Circuit) - Vacated forfeiture orders in a case involving a fraudulent mortgage scheme. The defendant argued that she should not have been ordered to forfeit over $1 million when she had received only $230,000 in proceeds from the criminal scheme. On remand from the Supreme Court, the Fourth Circuit concluded that it was necessary to vacate and remand the forfeiture orders on the ground that joint and several forfeiture liability was precluded by the Supreme Court's recent decision in Honeycutt v. US, 137 S. Ct. 1626 (2017).




it

Henderson v. Bluefield Hospital Co., LLC

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



  • Labor & Employment Law

it

NetEase Cloud Music Sign Distribution Partnership With B2 Music

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




it

Award-Winning Lithuanian Rock Band Colours Of Bubbles "She Is The Darkness" 2018 China Tour

The Tour Will Kickoff In Shanghai Where The Band Will Represent Lithuania During The Country's Signing To The Silk Road Music Alliance




it

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






it

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.








it

Little Richard, Godfather of Rock, Dead at 87

Little Richard obviously never released a heavy metal album, but it's safe to say without Little Richard heavy metal wouldn't...

The post Little Richard, Godfather of Rock, Dead at 87 appeared first on Metal Injection.



  • This Is Just A Tribute



it

Denver airport cuts ailing airlines a break on rent as it prepares for “a tough year”

Denver International Airport has allowed airlines ailing from the coronavirus pandemic to put off three months of rent and landing fees worth about $60 million, officials said Thursday as they outlined ways DIA is tightening its own belt.






it

Electro-Art-Pop Artist Polyna Signs With 3143 Management

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