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ARC Welding Supply Co., Inc. v. American Welding and Gas, Inc.

(United States Seventh Circuit) - Affirmed a judgment after trial in a contractual dispute between two industrial supply companies. The case involved the alleged breach of their asset purchase agreement.




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ProgStock Festival, The American Northeast's Only Progressive Rock Music Festival, Returns To The Union County Performing Arts Center, Rahway, NJ, October 11-13, 2019

ProgStock Festival Was Founded To Give Artists And Fans In The Genre Of Progressive Rock A Place To Play




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American Federation of Government v. Trump

(United States DC Circuit) - Vacated. A district court conclusion that executive orders regarding relations between the federal government and its employees was unlawful was in error. The district court lacked jurisdiction.




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League of United Latin American Citizens v. Edwards Aquifer Authority

(United States Fifth Circuit) - Affirmed. A conservation and reclamation district regulating groundwater was not subject to the one person, one vote principle of the Equal Protection Clause because they are a special purpose unit of the government. Its apportionment scheme had a rational basis.




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A Trio Of Mexican Producers Come Together For Hard-hitting Techno Release ‘Fear The Noise’

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




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Schiff: Trump, Barr 'Can't Gaslight History' -- Flynn Was a 'Prime Counterterrorism Risk'

Friday on MSNBC's "The Beat," House Intelligence Committee chairman Rep. Adam Schiff (D-CA) said Attorney General Bill Barr's Justice Department doing President Donald Trump's "dirty work" by dropping the case against former National Security Advisor Michael Flynn was an attempt to "gaslight history."




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Kenyan Governors: We Can't Control Coronavirus with Open Border

Kenya's regional governors are calling on national authorities to close the country's borders as illegal migration from surrounding countries has caused an increase in imported coronavirus cases, Kenyan newspaper the Nation reported on Thursday.






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73 Percent of U.S. Adults Say China Bears Responsibility for American Coronavirus Deaths

Nearly three-fourths of U.S. adults say China bears responsibility for American coronavirus deaths, a Morning Consult tracker poll released Friday revealed.




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King v. Great American Chicken Corp., Inc.

(United States Ninth Circuit) - Held that the district court erred in remanding a class action to state court under the Class Action Fairness Act's local-controversy exception. The plaintiff argued that her wage-hour class action against a fast-food chain belonged in state court because more than two-thirds of the putative class members were California citizens. Unconvinced, the Ninth Circuit reversed and remanded for additional discovery regarding how many former employees had moved to other states, among other things.




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Singh v. American Honda Finance Corp.

(United States Ninth Circuit) - Held that a car purchaser did not raise a triable issue that a dealership failed to provide customers promised add-ons. Also addressed an issue under the Class Action Fairness Act relating to removal jurisdiction. Affirmed the decision below.




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People v. Canizales

(Supreme Court of California) - Reversed as to attempted murder conviction. Defendant was tried and convicted of first degree murder and two attempted murders. The trial court instructed the jury on the attempted murder using the kill zone theory, which allows for the conviction of attempted murder of an individual who was not the primary target. California Supreme Court held that the jury was not properly instructed and reversed the attempted murder conviction.




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ARC Welding Supply Co., Inc. v. American Welding and Gas, Inc.

(United States Seventh Circuit) - Affirmed a judgment after trial in a contractual dispute between two industrial supply companies. The case involved the alleged breach of their asset purchase agreement.




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Can California’s Air Remain Clean Post Pandemic? Yes, If The State Amps Up Its Climate Goals, Studies Say.

By Ezra David Romero

Air quality across California has visibly improved with fewer drivers on the road because of stay-at-home orders. But when the orders are lifted pollution will likely return to pre-pandemic levels.

Some scientists say we don’t have to go back to having such poor air quality in the state, but they recognize it will take a total mindset change for Californians. The number of miles driven in the state has dropped by around 75% since stay-at-home orders went into place and has resulted in a significant reduction in greenhouse gas emissions, said UC Davis Road Ecology Center director Fraser Shilling.

“We're learning new things about our driving behavior … can we both mitigate the harm from COVID-19 and also mitigate the harm that we cause by burning fuel and causing climate change?” Sterling questioned after analyzing data from Streelight.com. 

Nationally he reports there was a reduction of around 74 billion miles traveled in the U.S. from early March to mid-April. That resulted in a greenhouse gas emissions reduction of 4% nationally for 2020 and by 13% from transportation in about eight weeks. 

If this continues, Shilling says, the reduction of miles traveled could drastically impact our climate goals for the better, including putting the nation on track to meet its annual greenhouse gas reduction goals under the Paris Climate Accord.

He says it’s an interesting position for the federal government to be in where the lack of driving allows the U.S. to meet the goals of the “Paris Climate Accord, and on the other hand, inadvertently exceed the goals ... It's a cool green lining.”

California has a 2050 goal of reducing greenhouse gas emissions by 80% from 1990 levels. Shilling says if traffic remained at stay-at-home levels for a year, the drop in miles traveled would allow the state to meet half of its climate target by 2050.  

The rest of the reductions would come from all sectors of the economy including transitions to bioenergy, offshore wind power, and increased energy storage. A 2019 study highlighted by Stanford University from the group Energy Futures Initiative says meeting the 2050 goals will be “extremely challenging.”

“It's painful to drive less and have less economic activity,” Shilling said. “But when we drive less, and when we work at home, we can start to meet these climate change goals. They're not so far out of the way, out of bounds that we can't achieve them.”

But Shilling says there are negative aspects, depending on how you look at it, including potentially $370 million less state fuel tax revenue.

“The upside for drivers — like I filled my tank a month and a half ago — is we're not spending as much on fuel,” Shilling said. “The less fuel that's sold, the less fuel tax revenue … that money is not available for transportation projects.”

Could California keep its cleaner air?

Researchers at UCLA are taking this idea further. A study came out this week saying that California has all the policies and technology to stop all human-caused emissions by 2050. 

“We think there is a room for California to achieve that goal ahead of the game,” said Yifang Zhu, one of the authors of the peer-reviewed study published in the journal Nature Sustainability

The authors call for increased energy efficiency across all sectors and reducing emissions from energy creation as the core ways to reach the sped up goal. That would mean a “systematic change” in how Californians consume energy and “more stringent” policies.

“We're talking about 85% electrification rate in the residential and commercial sectors, which we’re not even close to [today],” Zhu said. 

Achieving carbon neutrality is part of the United Nations Intergovernmental Panel on Climate Change’s mission to limit the rise in global temperature to 3.6 degrees Fahrenheit above pre-industrial levels by 2100. 

Zhu says, “nothing in our model in the roadmap is something unrealistic” even at a half a century ahead of the global goal. Doing so would mean fast tracking the state’s existing goals and their models show that by 2050 the savings from curbing emissions will exceed the cost by around $109 billion.

“We need to do more than what we're doing today,” Zhu said. “I want to highlight the cost is actually only 50% compared to the monetary benefits and also want to communicate the urgency for California agencies for stakeholders and policymakers to really act.”

Zhu says, even though the study started before the pandemic began, there’s a lesson to be learned from the COVID-19 crisis. 

“It is cheaper and safer to prevent people from catching and spreading this Coronavirus, then to treat huge numbers of severe cases,” Zhu said. “Similarly [with] climate change it is much better to cut down greenhouse gas emissions to prevent global temperature rise than to figure out how to deal with the potential future catastrophic consequences.”

The authors also note the state’s most disadvantage would benefit. According to the study, the state’s top 25% most polluted census tracts would get 35% of the health benefits of improved air quality. It could also, the study says, have a health effect of 14,000 fewer deaths from air pollution related illnesses every year, it could reduce asthma attacks in 1 million children and decrease cardiovascular hospital admissions by 4,500.

“Reducing greenhouse gas emissions in our state will not only slow down global climate change, but more importantly, will improve the air quality and protect people’s health in our local community,” said co-author Bin Zhao, a former UCLA researcher who is now an earth scientist at Pacific Northwest National Laboratory. 




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Singh v. American Honda Finance Corp.

(United States Ninth Circuit) - Held that a car purchaser did not raise a triable issue that a dealership failed to provide customers promised add-ons. Also addressed an issue under the Class Action Fairness Act relating to removal jurisdiction. Affirmed the decision below.




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Rachael Sage Releases New Single, All Proceeds To Benefit Women's Cancer Research

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.




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A Trio Of Mexican Producers Come Together For Hard-hitting Techno Release ‘Fear The Noise’

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




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CapChat: Round Up Of Presidential Candidates In Nevada; California As The 'State Of Resistance'

Democratic presidential candidates Massachusetts U.S. Sen. Elizabeth Warren and Former Vice President Joe Biden held dueling rallies in Reno and Carson City Wednesday night. California U.S. Sen. Kamala Harris is due in Nevada today.

In a conversation yesterday with CapRadio’s Capitol Bureau Chief Ben Adler, host Beth Ruyak talked about recent changes in California poll rankings of the top candidates: Warren, Biden, Harris and U.S. Sen. Bernie Sanders.  These trends are mirrored in national poll trends, with Warren surging and Harris falling behind.

In the “State of Resistance” currently known as California, Gov. Gavin Newsom and Attorney General Xavier Becerra are keeping up the pressure, filing lawsuits against the Trump administration. With the end of the legislative session, Ben and Beth also talked about stylistic differences between Newsom and former Gov. Jerry Brown. Newsom is focused in many areas at the same time, including the battle with the federal government. Brown was focused on a smaller number of concurrent issues.

And, finally, we discuss the state of the Republican party in California.




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Presidential Candidate Visits To CA And NV And The Individual Mandate

With the Nevada caucuses in February and California now a Super Tuesday state, the visits of presidential candidates are increasing in frequency. Just yesterday, former New York City Mayor Michael Bloomberg was in Stockton and San Francisco. Bloomberg’s San Francisco appearance was with former California Gov. Jerry Brown.

CapRadio’s Scott Rodd spoke with Bloomberg in Stockton, and CapRadio’s Bert Johnson had an interview with Warren in Reno. They fill us in on the visits and what the candidates had to say.

We’ll also explore California’s individual mandate for health insurance coverage with CapRadio’s Health Care Reporter Sammy Caiola. 




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Welcome African China To The Ordior Rights Management Roster!

Ordior Has Signed African China For A World Wide Exclusive Publishing And Administration Agreement!




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Gabriel Cancela Releases His New Hit Single *Into You* The 16th Of August 2019

Gabriel Cancela Is Poised To Release His New Single “Into You” On August 16th. Known To Many For His Appearance On Swedish Idol In 2017, Cancela Brings His Take On Modern Latin-Pop With An Abundance O




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Versatile Haitian American Singer/Songwriter Natalie Jean Releases Spanish Holiday Single

Natalie Jean Is Excited To Announce Her Collaboration With Songwriters Bruno Vallelunga And Latin Grammy Nominee Danilo Gossain, Titled “Nostalgia De Navidad”.




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Rammstein Cancel First Leg Of 2020 Stadium Tour

Rammstein broke the bad news to fans in Europe that their planned 2020 stadium tour will not be taking place as planned




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PACs and billionaires continue to fund Colorado’s U.S. Senate candidates

Powered in part by billionaire investors, business titans and a few famous musicians, John Hickenlooper dominated the U.S. Senate race’s fundraising battle in the first three months of 2020.




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Citing pandemic, Denver judge puts U.S. Senate candidate on ballot despite failing to meet signature requirement

A Denver judge ordered that U.S. Senate candidate Michelle Ferrigno Warren must be placed on the June 30 primary ballot, despite falling well short of the Colorado Secretary of State's usual signature requirement.




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Colorado Supreme Court rules U.S. Senate candidate doesn’t belong on ballot after all

The Colorado Supreme Court on Monday overturned a lower court decision to put Senate candidate Michelle Ferrigno Warren's name on the June 30 Democratic primary ballot, siding with the Secretary of State's Office.




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Rachael Sage Releases New Single, All Proceeds To Benefit Women's Cancer Research

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.




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A Trio Of Mexican Producers Come Together For Hard-hitting Techno Release ‘Fear The Noise’

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




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Legendary Canadian Guitarist & Songwriter Myles Goodwyn Of April Wine Cooks Up A Heady Blues Brew On Friends Of The Blues 2 Album Coming October 25th

The Follow-up To JUNO Nominated Myles Goodwyn And Friends Of The Blues Due From Linus Entertainment




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Drummer-Composer Mareike Wiening Leads New York Crew On Her Greenleaf Music Debut, Metropolis Paradise (North American Tour Dates Announced)

An Extraordinary Composer, Player And Bandleader Shows Her Talents On , Her First Full-length CD And Debut On The Label With An Outstanding NY Crew.




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Colorado’s marijuana businesses can remain open during pandemic, but they say they’re still struggling

Despite brief, panic-induced surges in business, many contend the cannabis industry is still struggling as Coloradans stay home and job losses mount in a crashing economy.




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US v. Cano

(United States Ninth Circuit) - Reversed. Because forensic cell phone searches require reasonable suspicion, the district court erred in denying the defendant’s motion to suppress evidence obtained from warrantless searches of his cell phone.



  • Criminal Law & Procedure

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Texas-Based Zack Walther Band Corrals Americana/Roots Music Extravaganza On New CD, The Westerner, Releasing October 25

Texas-Based Zack Walther Band Corrals Americana/Roots Music Extravaganza On New CD, The Westerner, Releasing October 25




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Guest commentary: CU Regents right to fight open records ruling on presidential candidates

The Board of Regents had to appeal the ruling in the lawsuit. To not do so would cede the authority not only of this board, but all future boards, to be able to select the best president of CU.





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Summer concerts at Hudson Gardens canceled over coronavirus concerns

Hudson Gardens has hosted concerts every summer since 1999.




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Guest Commentary: Once again, we must ask what we can do for our country

Sixty years ago, a young president urged us to ask what we could do for our country. We have not heard that challenge since. But now our health and economic threats require us to renew that challenge and recover the ideal of service.




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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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In re Buccaneer Resources LLC

(United States Fifth Circuit) - Held that a fired chief executive officer could sue the company's secured creditor in state court. Affirmed that his tortious interference claim belonged in state court rather than in the company's bankruptcy proceeding.




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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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Cannon v. Village of Bald Head Island

(United States Fourth Circuit) - Affirming the district court's denial of qualified immunity regarding alleged due process violations in the case of the firing of emergency personnel officers involved in a group text-message chain that questioned the competence to perform various emergency services, workout tips, sexual gibes, and other inappropriate content, but concluding that the district court erred in holding that officials were not entitled to qualified immunity as to First Amendment retaliation claims and reversing and remanding on those grounds.






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Versatile Haitian American Singer/Songwriter Natalie Jean Wins Versatile Artist Of The Year!!

Natalie Jean Is A Very Rare Kind Of Vocalist. Winning Recognition Across The Most Diverse Of Musical Genres And Quite Comfortable Performing In English, French, Haitian Creole, And Spanish.




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PISTELLO v. BOARD OF EDUCATION OF CANASTOTA CENTRAL SCHOOL DISTRICT

(US 2nd Circuit) - 19-1058-cv




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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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The lightest, brothiest soup recipe for when you can’t eat another bite

Even a person as enthusiastic as I am about home cooking can feel fatigue, and six going on seven weeks of this quarantine, I am feeling it. It’s not so much the cooking. It’s the eating -- probably because I am doing it all day long.




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Federal judge in Denver rules funding cannot be withheld from law enforcement by using immigration-related terms in grants

The U.S. Justice Department can not withhold millions of dollars in federal funding to Colorado law enforcement agencies by attaching immigration-related terms and conditions to securing the grants according to a federal judge's ruling.