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U.K. Rockers Tomorrow Is Lost Sign With Eclipse Records

U.K. Rockers Tomorrow Is Lost Sign With Eclipse Records




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New Jersey Rock Band Scores Endorsement And Big Shows

NJ Rock Band Triple Addiction Scores A Guitar Endorsement And Books Some Big Shows.




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DeFox Records Launch Card Disk

Respecting The Environment And A More Sustainable Future, Against Waste And The Use Of Plastic, DeFox Records Will Launch A Special Limited Edition Of Card Disk On The Market.





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You can pay to have one of these Erie sanctuary animals join your next video conference call

Look at that face!




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On Earth Day, coronavirus gives us glimpse at what it takes to reduce pollution

As people across the globe stay home to stop the spread of the new coronavirus, the air has cleaned up, albeit temporarily. People are also noticing animals in places and at times they don’t usually. When people stay home, Earth becomes cleaner and wilder.




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Earth’s insect population shrinks by 27% in 30 years, according to study

The world has lost more than one quarter of its land-dwelling insects in the past 30 years, according to researchers whose big picture study of global bug decline paints a disturbing but more nuanced problem than earlier research.





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Colorado mountain lions hit with new hunting plan as people spread

Mountain lions face an uncertain future under a new state plan to let hunters kill up to 15% a year across western Colorado, and more near subdivisions -- rankling animal rights advocates who favor a live-and-let-live approach to wildlife.




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Skunk tests positive for rabies recently in El Paso County

Health officials in El Paso County recently confirmed rabies in a skunk, the third positive test for the disease this year in the county.





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Editorial: Debate how to respond to COVID-19, of course, but stick to the grim facts of the virus we are facing

Our leaders are making difficult, life-and-death decisions without a complete picture of the severity of this threat or a timeline for how long it could last. It’s easy to second-guess the new rules, suggestions and regulations coming.




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Editorial: Jails, prisons, courts must act to stop coronavirus spread

Some activities must continue even as cities, counties and states effectively shut down to avoid the spread of COVID-19. Obviously our hospitals, doctors’ offices and emergency responder systems must remain open. Grocery stores are essential and so are pharmacies.





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Editorial: Ethics in the time of coronavirus

The world has been thrust into an unprecedented time. The White House has estimated that 100,000 to 240,000 Americans could die in the coming months as a new virus sweeps through the nation and that’s if we implement and execute the recommendations from our doctors and scientists. About 700,000 jobs were lost in the U.S. in March as mayors and governors across the nation responded responsibly by forcing all but the most essential businesses to close.




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Editorial: Those inciting unrest in Colorado don’t realize the true threat of the new coronavirus

We understand why unrest is bubbling among those who are unemployed and entrepreneurs who could lose their businesses. But the alternative to stay-at-home orders is allowing the highly contagious new coronavirus to rip through our communities.





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P.J. v. Conn. Bd. of Educ.

(United States Second Circuit) - Affirmed in part, vacated in part. Affirming that a court is not barred from considering additional attorney fees in cases involving settlement agreements, but disagreeing with the application of the standard in the instant case.




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Connecticut Fine Wine and Spirits LLC v. Seagull

(United States Second Circuit) - Affirmed. Various Connecticut Liqour Control Act and related regulations were hybrid restraints on trade but the plaintiff failed to plead facts that they constitute per se violations of the Sherman Act.




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Palin v. The New York Times Company

(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.




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Tobias Bermudez Chavez, et al. v. Occidental Chemical Corp.

(United States Second Circuit) - Questions on appeal concern cross-jurisdictional tolling of a class action. Because the appeal presents state law questions that New York’s courts have yet to address, the court certifies the case to the New York Court of Appeals.




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4 Pillar Dynasty LLC v. New York & Co., Inc.

(United States Second Circuit) - Affirmed in part, vacated and remanded in part. Finding no clear error in the district court’s determination that Defendant’s trademark infringement was willful, the award of gross profits was proper. However, the question of attorney’s fees and pre-judgement interest is remanded for further proceedings.




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Kirschenbaum v. Assa Corp.

(United States Second Circuit) - Affirmed. The district court ordered the turnover of Assa’s property to terrorism victims holding default judgments against the Islamic Republic of Iran. Held the district court had jurisdiction to do so, the panel affirmed.




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Lubavitch v. Litchfield Historic District Commission

(United States Second Circuit) - Affirmed. Finding that events occurring after judgement was entered do not matter, the panel affirms the district court’s award of attorney’s fees and denial of fees for administrative proceedings.




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Van Buskirk v. The United Group of Companies

(United States Second Circuit) - Vacated and remanded. Because courts may freely permit jurisdictional amendments even at the appellate level, vacated the judgment of the district court and remanded for further proceedings.




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New York State Citizens’ Coal. For Children v. Poole

(United States Second Circuit) - Denied. In a 6-5 vote, the panel majority declines to rehear the case en banc, holding that the Adoption Assistance and Child Welfare Act of 1980 creates a privately enforceable right for foster parents to sue states for costs related to child care. Five judges dissent.




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Ennio Morricone Music v. Bixio Music Group

(United States Second Circuit) - Reversed. Concluding the musical works at issue were not works made for hire, the panel reverses the district court’s grant of summary judgement in favor of the defendant.








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Indie Labels Represent Over A Third Of Global Recorded Music Market

Independent Record Labels Now Represent 38.4% Of Global Recorded Music Market Share In 2016 With Global Revenues In Excess Of $6bn




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How lobbyists and panicked Denverites kept liquor stores and marijuana dispensaries open during coronavirus

A large lobbying effort mobilized almost immediately. Conducted outside the public’s view, its goal was to keep hundreds of stores open, thousands of Denverites employed, and entire industries functioning across the city.




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Trammell Crow settles bid-rigging accusations in Denver convention center expansion

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.




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$558 million in federal coronavirus help arrives on Colorado’s Front Range

In some cases, cities and counties have been hesitant to spend the emergency appropriations, because the federal government hasn't told them exactly how to.





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The Container Store v. US

(United States Federal Circuit) - Reversing and remanding the final judgment of the United States Court of International Trade case granting summary judgment to the government because the subject modular storage unit imports were improperly classified as mountings and fittings rather than as parts of unit furniture.




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Diamond Sawblades Manufacturers Coalition v. US

(United States Federal Circuit) - Affirming the Court of International Trade's decision affirming a Department of Commerce ruling in the administrative review of an earlier anti-dumping order, the court held that no error occurred in the determination that a Chinese saw blade manufacturer was seeking to sell their products at less than fair market value in the United States.




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Connecticut Ironworkers Employers Association, Inc. v. New England Regional Council of Carpenters

(United States Second Circuit) - Vacating the district court's determination that a carpenters union was entitled to summary judgment as to Sherman Act Antitrust charges, but affirmed summary judgment for them as to unfair labor practices charges in a case where the union used subcontracting to include ironworking in their activities because the union did not qualify for the non-statutory exemption to antitrust liability, but qualified for the construction industry proviso.




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Puerto Rico Telephone Co. v. San Juan Cable

(United States First Circuit) - In an antitrust action, alleging that defendant's petitioning of the Puerto Rico Telecommunications Regulatory Board, government officials and tribunals, and commonwealth and federal courts to prevent plaintiff's application to provide internet protocol television service violated the Sherman Act, the district court's grant of summary judgment to defendant is affirmed where the facts of the case don't subject defendant to the sham exception of the Noerr-Pennington doctrine protecting the right to petition the government.




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Bell Supply Company, LLC v. US

(United States Federal Circuit) - Vacating a decision by the US Court of International Trade affirming a US Department of Commerce determination that certain imported oil country tubular goods (OCTG) fabricated as unfinished OCTG in China and finished in other countries were not subject to anti-dumping and countervailing duty orders covering OCTG imported from China because the Trade Court improperly proscribed the use of the substantial transformation analysis to determine the country of origin.




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Chamber of Commerce of the United States of America v. City of Seattle

(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.




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Whirlpool Corporation v. US

(United States Federal Circuit) - Partially affirming, partially reversing, partially vacating, and remanding a case in which the Aluminum Extrusions Fair Trade Committee appealed a decision of the US Court of International Trade affirming the scope of the US Department of Commerce ruling holding that Whirlpoo's kitchen appliance door handles with end caps don't fall within the scope of antidumping and countervailing duty orders on aluminum extrusions from the People's Republic of China.




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Ohio v American Express Co.

(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.



  • Antitrust & Trade Regulation
  • Corporation & Enterprise Law

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Arandell Corp. v. CenterPoint Energy Services, Inc.

(United States Ninth Circuit) - Reinstated an antitrust claim against a wholly owned natural gas subsidiary that said it had no knowledge of its parent company's alleged price-fixing scheme that had pumped up the price of gas. The subsidiary argued that it could not be held liable for violating Wisconsin antitrust law because it was not involved in anything unlawful that its parent company may have done. Unpersuaded, the Ninth Circuit emphasized that a parent and a wholly owned subsidiary always act as a single enterprise whenever they engage in coordinated activity, and thus reversed the grant of summary judgment to the subsidiary.



  • Oil and Gas Law
  • Antitrust & Trade Regulation

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Sea Breeze Salt, Inc. v. Mitsubishi Corp.

(United States Ninth Circuit) - Held that an antitrust lawsuit was barred by the act-of-state doctrine. The plaintiff corporations alleged that a Mexican-government-owned salt production company engaged in an antitrust conspiracy with a Japanese company. Affirming dismissal of the complaint, the Ninth Circuit held that the lawsuit was fundamentally a challenge to Mexico's determination about the exploitation of its own natural resources and thus was barred by the act-of-state doctrine, which precludes adjudication of the sovereign acts of other nations in U.S. courts.




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United Food and Commercial Workers Unions v. Novartis Pharmaceutical Corp.

(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.



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

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Federal Trade Commission v. AMG Capital Management, LLC

(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.



  • Consumer Protection Law
  • Banking Law
  • Antitrust & Trade Regulation

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Xitronix Corp. v. KLA-Tencor Corp.

(United States Fifth Circuit) - The Fifth Circuit transferred a case back to the Federal Circuit, from which it had been transferred. The two circuits disagreed about which one was the proper forum for this appeal, which involved a company's claim that a competitor violated antitrust law by obtaining a patent through fraud.



  • Antitrust & Trade Regulation
  • Patent

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Connecticut Fine Wine and Spirits LLC v. Seagull

(United States Second Circuit) - Held that Connecticut law governing liquor pricing is not preempted by federal antitrust law. Affirmed the dismissal of a liquor retailer's complaint, which challenged certain provisions of Connecticut's Liquor Control Act and related regulations.



  • Antitrust & Trade Regulation