v

Top 20 ITunes Artist Raises Funds For Dyslexia With EXCLUSIVE Amazon Prime Video

Canadian Musician Ed Roman Is Raising Funds For Dyslexia Through Amazon Prime Video Sales And Rentals Of His Award-winning Animated Music Video, “Red Omen.”




v

Critically-Acclaimed Folk Artist Mara Levine Announces Northeast Fall Tour Dates And Prestigious Juried Showcase At The Northeast Regional Folk Alliance Conference

Facets Of Folk Hit #1 On The Folk Alliance International Folk DJ Charts And Is Now On The List For Consideration For The Grammy® For Best Folk Album




v

For Your Consideration R&B Performance “Permission To Love” Feat. Spencer Battiest By Singer/songwriter Melissa B.

#62ndGrammyAwards #GrammyAwards #GrammyNominations #MelissaB




v

NNADOZIE v. MANORCARE HEALTH SERVICES LLC HCR MD LLC

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




v

UNITED STATES v. COTTMAN

(US 4th Circuit) - No. 18-4794




v

CENTRAARCHY RESTAURANT MANAGEMENT COMPANY v. ANGELO IV

(US 4th Circuit) - No. 19-1888




v

TICKLES v. JOHNSON

(US 4th Circuit) - No. 18-1577




v

UNITED STATES v. COONTZ

(US 4th Circuit) - No. 19-4167




v

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.





v

Summer concerts at Hudson Gardens canceled over coronavirus concerns

Hudson Gardens has hosted concerts every summer since 1999.




v

Cap Hill hippie haven Sancho’s Broken Arrow cited for violating stay-at-home order

Capitol Hill bar Sancho's Broken Arrow has received a notice from the city requiring it to be vacated immediately and remain empty until the city's stay-at-home order is lifted.





v

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.




v

Guest Commentary: Vaping is a lifeline for me

The first time I smoked a cigarette, I was 14 years old. By the time I was an adult, I was smoking two packs a day. I tried the nicotine patch, gum, and even Chantix, the pharmaceutical drug, to quit smoking cigarettes. None of these worked. I’m embarrassed to say that I even tried hypnosis. It wasn’t until I tried vaping as an adult that I was able to find a solution and quit smoking those dreadful cigarettes. Vaping was so effective, I quit smoking cigarettes in one weekend after 20 years of addictive cigarette smoking. I’m one of the 350,000 Coloradans and one of approximate 13 million responsible adults in America who have used vaping products to quit smoking more harmful cigarettes.




v

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.




v

McMillin: Colorado’s schools have got to get students re-engaged

Colorado’s more than 900,000 public school students learned March 12 that schools would close for at least an extended spring break. It was an abrupt change and not everyone adapted quickly or easily.





v

U.S. shelves detailed guide to reopening country amid coronavirus outbreak

A document created by the nation's top disease investigators with step-by-step advice to local authorities on how and when to reopen restaurants and other public places during the still-raging outbreak has been shelved by the Trump administration.





v

Unanimous Supreme Court throws out “Bridgegate” convictions

A unanimous Supreme Court on Thursday threw out the convictions of two political insiders involved in the “Bridgegate” scandal that ultimately derailed the 2016 presidential bid of then-New Jersey Gov. Chris Christie. The justices found evidence of deception, corruption and abuse of power in the scheme, but said “not every corrupt act by state or local officials is a federal crime.”




v

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 — […]





v

Fan v. Attorney General of the U.S.

(United States Third Circuit) - Vacated an administrative decision ordering a lawful permanent resident removed from the United States for having committed an aggravated felony. The man, a trader at a financial services firm who pleaded guilty to a securities law violation, argued that his crime was not truly an aggravated felony under the Immigration and Nationality Act and therefore he should not be removed. Finding merit in his argument, the Third Circuit granted his petition for review and remanded the case to the Board of Immigration Appeals for further proceedings.




v

US v. Williams

(United States Third Circuit) - Affirmed a conviction and sentence for possession of heroin with intent to distribute. The defendant argued that the trial court should have suppressed evidence obtained during a traffic stop because he had revoked his consent to the search. He also argued that he should not have been deemed a career offender under the U.S. Sentencing Guidelines. The Third Circuit rejected his contentions, in a decision in which each judge filed a concurring opinion, including the author of the majority opinion.




v

US v. Green

(United States Third Circuit) - Affirmed the denial of habeas corpus relief in a case where the defendant was challenging his sentence by arguing that the residual clause in the career offender Sentencing Guideline is unconstitutionally vague. The defendant argued that his habeas petition raising this constitutional issue was timely manner because the Supreme Court's decision in Johnson v. US, 135 S. Ct. 2551 (2015), gave rise to a newly recognized right, thus providing him a year from when Johnson was decided to file his habeas petition. On appeal, the Third Circuit agreed with the government that his petition was untimely.




v

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.




v

St. Pierre v. Retrieval-Masters Creditors Bureau, Inc.

(United States Third Circuit) - Held that unpaid highway tolls are not the type of debt that can support a claim under the federal Fair Debt Collection Practices Act (FDCPA). A driver who failed to pay tolls on the New Jersey Turnpike because his electronic payment account was in arrears filed a class-action complaint alleging that a debt collection agency used impermissible means to collect the debt. Affirming dismissal of his complaint, the Third Circuit held that highway tolls are a legal obligation in the nature of a tax that falls outside the scope of the FDCPA.




v

Tepper v. Amos Financial LLC

(United States Third Circuit) - Affirmed that a company whose sole business activity was purchasing and then attempting to collect debts was subject to the requirements of the Fair Debt Collection Practices Act (FDCPA). When homeowners brought suit against the assignee of their home equity loan alleging unlawful debt-collection attempts, the assignee argued that it was not covered by the FDCPA because it was a creditor, not a debt collector. Disagreeing with this characterization, the Third Circuit affirmed the trial court's judgment in favor of the homeowners.




v

US v. Johnson

(United States Third Circuit) - Affirmed a conviction and sentence related to the defendant's participation in a string of bank robberies. The case was on remand from the Supreme Court, which had granted the defendant's petition for writ of certiorari, vacated the Third Circuit's 2013 judgment, and remanded for reconsideration in light of Alleyne v. US, 570 U.S. 99 (2013). After reviewing the defendant's arguments under Alleyne as well as other arguments he raised, the Third Circuit affirmed the conviction and sentence.




v

US v. Fattah

(United States Third Circuit) - Affirmed in part and reversed in part the convictions of a former Congressman and three of his associates for campaign finance-related offenses arising from his unsuccessful 2006 run for mayor of Philadelphia. Each of the defendants was convicted on multiple counts, and then appealed on numerous grounds. The Third Circuit vacated convictions on some of the counts but reinstated others and in other respects affirmed the trial court's judgment.




v

US v. Peppers

(United States Third Circuit) - Vacated a mandatory minimum sentence under the Armed Career Criminal Act (ACCA). After pleading guilty to being a felon in possession of a firearm, the defendant challenged his 15-year sentence, arguing that he was sentenced under a portion of the ACCA later held unconstitutional by the Supreme Court. Finding merit in his contentions, the Third Circuit remanded for an analysis of whether the error of treating his Pennsylvania robbery convictions as predicate offenses under the ACCA was harmless in light of his other prior convictions.




v

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.




v

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.




v

Arctic Glacier International, Inc. v. Arctic Glacier Income Fund

(United States Third Circuit) - Affirmed the dismissal of a lawsuit brought by investors of a bankrupt company who claimed they were entitled to dividend payments. The investors, who purchased their shares with notice of the bankruptcy, claimed that the company and several of its officers were liable for failing to pay them a dividend they were owed. Rejecting their arguments, the Third Circuit held that the investors were bound by the reorganization plan, including its releases of liability.




v

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.




v

Vooys v. Bentley

(United States Third Circuit) - Dismissed a petition for certiorari review of a decision of the Virgin Islands Supreme Court due to lack of appellate jurisdiction. The defendant asked the Third Circuit to exercise its authority to review the Virgin Islands high court's decision in a breach-of-contract case. In an en banc ruling, the Third Circuit held that it lacked jurisdiction to hear the appeal because Congress has terminated its jurisdiction over certiorari petitions filed after December 28, 2012, regardless of when the case was originally filed.




v

US v. Hird

(United States Third Circuit) - Affirmed convictions of several individuals who were charged with crimes in connection with a ticket-fixing scheme in the Philadelphia Traffic Court. Some of the individuals pleaded guilty while others proceeded to trial and were acquitted of fraud and conspiracy counts but convicted of perjury for statements they made before the grand jury. The Third Circuit consolidated their appeals for efficiency and ultimately affirmed all of the convictions.



  • Criminal Law & Procedure

v

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.




v

Encompass Insurance Co. v. Stone Mansion Restaurant Inc.

(United States Third Circuit) - Held that an automobile insurance company that settled claims against a driver arising out of a car crash could bring a contribution suit against a restaurant that allegedly over-served alcoholic beverages to the driver. The restaurant insisted that Pennsylvania's Dram Shop Law subjected it to liability only to injured individuals themselves. However, the Third Circuit concluded that the Dram Shop Law did not prevent the insurance company from bringing a suit against the restaurant under the Uniform Contribution Among Tortfeasors Act. The panel therefore reversed dismissal of the insurer's complaint.




v

Kane v. Barger

(United States Third Circuit) - Held that a police officer did not have qualified immunity to a suit alleging that he inappropriately touched a woman who reported a sexual assault and that he used his personal cellphone to photograph her intimate areas. The officer argued that he was immune from suit because the right at issue was not clearly established at the time of his alleged conduct. Rejecting his argument, the Third Circuit reversed the entry of summary judgment for the officer and remanded for further proceedings in this suit alleging infringement of the Fourteenth Amendment right to bodily integrity.




v

Levins v. Healthcare Revenue Recovery Group LLC

(United States Third Circuit) - Reinstated a claim that a debt collector violated the Fair Debt Collection Practices Act by leaving telephone voice messages that did not use its true name. The plaintiffs filed a class-action complaint alleging that the debt collector left pre-recorded messages on their phone that did not state the caller's correct name. Reversing the district court, the Third Circuit held that they stated a plausible claim for relief under the statute's true-name provision, though the panel affirmed the dismissal of their other causes of action.




v

US v. Mayo

(United States Third Circuit) - Held that a prisoner was entitled to habeas relief in the wake of the Supreme Court's 2015 decision invalidating a provision of the Armed Career Criminal Act. The defendant, who was convicted of being a felon in possession of a firearm, argued that his previous crimes were not violent felonies in light of Johnson v. U.S. and therefore his enhanced sentence was now unconstitutional. On appeal, the Third Circuit agreed that at least one of the predicate offenses (Pennsylvania aggravated assault) was not a violent felony, and therefore vacated the district court's order and remanded the case for resentencing.




v

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.




v

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

v

Tanksley v. Daniels

(United States Third Circuit) - Affirmed the dismissal of a TV producer's complaint alleging that the popular Fox Television series Empire infringed his copyright in a television pilot he had created a decade earlier. Moving to dismiss, the defendants contended that there was no substantial similarity between the two television shows. Agreeing, the Third Circuit affirmed the dismissal of the complaint.




v

Geness v. Cox

(United States Third Circuit) - Held that a man with mental retardation who was detained for nearly a decade awaiting trial could amend his civil rights complaint against the Commonwealth of Pennsylvania. Reversing the district court, the Third Circuit held that the man, who was charged with a crime that may not have occurred, was entitled to amend his complaint to reinstitute his due process and Americans with Disabilities Act claims. The panel affirmed dismissal of his Section 1983 claims, however.




v

Conard v. Pennsylvania State Police

(United States Third Circuit) - Reinstated a former 911 dispatcher's claim that her former supervisors gave false, defamatory job references to her prospective employers to retaliate against her for her previous employment complaints, in violation of her constitutional rights. The dispatcher claimed that undeserved negative references had prevented her from obtaining other employment. Reversing the dismissal of her complaint, the Third Circuit held that she adequately pleaded a First Amendment retaliation claim.




v

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

v

US v. Clark

(United States Third Circuit) - Affirmed the suppression of evidence on the ground that a police officer impermissibly extended a traffic stop. The defendant vehicle passenger, who was discovered to have a handgun and later indicted for unlawful possession of it, argued that the traffic stop was unlawfully extended beyond the time when it should have ended. Agreeing, the Third Circuit affirmed the granting of his motion to suppress the handgun evidence.



  • Criminal Law & Procedure