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Avalanche 2020-21 games in Finland postponed

The Avalanche's two games against the Columbus Blue Jackets in Finland this fall have been postponed, the league said Friday. The 2020-21 NHL schedule has not been released but the Avs were slated to play the Blue Jackets twice in the 2020 Global Series at Hartwall Arena in Helsinki.




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10 offensive tackles the Broncos should watch for in the 2021 NFL draft

Are the two offensive tackles who will start for the Broncos in 2021 on the current roster? It seems increasingly unlikely.




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Saunders: MLB’s five-round draft is another blow for minor-league baseball

Minor-league baseball -- the dreams it inspires, the smaller cities that embrace it and the talent it develops for big-league teams -- is undergoing seismic changes.




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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.





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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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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.




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Colorado state employees’ raises at risk because of coronavirus’ economic impact

Colorado lawmakers may forgo raises next year as they anticipate having to make major changes in the overall state budget -- including eliminating raises for all state employees.




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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.




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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.




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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.




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Colorado lawmakers give up on paid family leave bill, will support ballot measure

Sponsors are abandoning efforts to create a paid family and medical leave program in Colorado through legislation, announcing Friday they will instead support a ballot initiative already in the works. The proposed family leave bill faced rough waters from the beginning, but the coronavirus pandemic proved to be an insurmountable obstacle, the Democratic would-be sponsors […]







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Denver fashion boutique Fancy Tiger to rebrand on South Broadway

Baker neighborhood fashion boutique Fancy Tiger Clothing will drop the fancy and the tiger from its name next month when it rebrands as FM. The name change will be accompanied by the addition of a permanent DJ booth, more house-made clothing and expanded services in the shop at 55 Broadway in Denver.








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At The Opera, Cilea's Adriana Lecouvreur, March 14, 2020

Tune in at 8pm to hear Francesco Cilea's Adriana Lecouvreur staring Renata Tebaldi and Mario del Monaco recorded in 1962.




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At The Opera, Tchaikovsky's Pique Dame - The Queen of Spades, April 4, 2020

Tune in at 8pm to her Tchaikovsky's Pique Dame (The Queen of Spades) staring Mirella Freni and Vladimir Atlantov.




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At The Opera, Verdi's Ernani (Live MET 1962) May 2, 2020

Tune in at 8pm to hear a live broadcast from the MET in 1963 of Verdi's Ernani staring Carlo Bergonzi and Leontyne Price.




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At The Opera, Opera Potpourri Fund Drive, May 9, 2020

Tune in at 8pm to hear our all Opera Potpourri Fund Drive show. You will hear the best of the best of opera and a few surprises as well!




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JONES v. SERVICE ELECTRIC CABLE TV INC

(US 3rd Circuit) - No. 19-2522




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NORTHROP GRUMMAN CORPORATION v. AXIS REINSURANCE COMPANY

(US 3rd Circuit) - No. 19-1949




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ALI v. WOODBRIDGE TOWNSHIP SCHOOL DISTRICT 10

(US 3rd Circuit) - No. 19-2217




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US v. Kolsuz

(United States Fourth Circuit) - Affirming the months-long search of a smartphone seized at the airport when customs agents found firearms parts in a man's luggage because the Fourth Amendment's border search exception applied and the search was justified by reasonable suspicion.




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Gordon v. Cgna Corporation

(United States Fourth Circuit) - Affirming the summary judgment to an insurer that paid only half of a life insurance policy following the policy holder's death because the reduced coverage was the result of mistakes made by the employer, not the insurer, so the insurance company did not breach any duty it may have had under the Employee Retirement Income Security Act.




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Blount v. Clarke

(United States Fourth Circuit) - Vacating relevant orders by the district court granting habeas relief and remanding with instructions to dismiss a habeas application with prejudice in a case involving a man, convicted for crimes he was committed when he was 15, that resulted in a 118 year sentence because although the Supreme Court prohibited jubenile offenders convicted of nonhomicide crimes from sentences of life without parole a partial pardon that reduced his sentence to 40 years rendered the habeas petition moot.




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Verisign, Inc. v. XYZ.com LLC

(United States Fourth Circuit) - Vacating a district court's denial of a motion for attorney fees and remanding for consideration under the appropriate legal and evidentiary standards in a Lanham Act case in a suit relating to internet domain registry services because the district court required clear and convincing evidence of an exceptional case, rather than the Act's preponderance of the evidence standard.




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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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US v. Dillard

(United States Fourth Circuit) - Dismissing the appeal of a man for restitution to the sole contact victim of his various counts involving the sexual exploitation of children because he waived the right to appeal in taking his plea, but reversing the denial of restitution to non-contact victims because the district court's reasons for doing so contradict Supreme Court precedent and remanding for proceedings regarding the appropriate restitution amounts.




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Netro v. Greater Baltimore Medical Center, Inc.

(United States Fourth Circuit) - Affirming the district court's determination that a hospital did not fail to pay funds owed Medicate for the treatment of the plaintiff's mother, despite being a bit late in their payment, meaning that the plaintiff was not entitled to double damages under the Medicare Secondary Payer Act.




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US v. Sanchez

(United States Fourth Circuit) - Affirming the sentence of a man who was placed on supervision after serving a fifteen year prison sentence for a federal firearm conviction pursuant to the Armed Criminal Career Act and promptly violated the terms by threatening to kill his teenage daughter and her mother because his challenge to the underlying conviction was not within the jurisdiction of the court to consider and the new term of supervised release was not plainly unreasonable.




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US v. Fluker

(United States Fourth Circuit) - Vacating the sentence of a man as a career offender because he was improperly designated for the enhancement under the 206 United States Sentencing Guidelines Manual.




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Ramirez v. Sessions

(United States Fourth Circuit) - Granting a petition for review, vacating an order of removal, and remanding a Board of Immigration Appeals finding a Salvadoran man ineligible for the Nicaraguan Adjustment and Central American Relief Act because convictions for obstruction of justice did not qualify as crimes involving moral turpitude.




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Wilson v. Prince George's County, Md

(United States Fourth Circuit) - Affirmed in part, vacated in part, and remanded. Plaintiff was shot several times during an encounter with the police. The police were responding to an emergency call that plaintiff had committed burglary and assault. Plaintiff sued alleging excessive force in violation of the Fourth Amendment and that the police conduct violated Maryland law. The trial court granted summary judgment to the defendants holding that the police were enjoyed qualified immunity and no constitutional violations occurred. The appellate court held that the police violated plaintiffs Fourth Amendment rights, but that the police had qualified immunity. Because the trial court did not address the violation of the Fourth Amendment rights under Maryland law the case is remanded.




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Horne v. WTVR LLC

(United States Fourth Circuit) - Affirmed. In this defamation action, plaintiff appealed from a judgment against her. Defendant, a television news agency, ran a news story about a county in Virginia hiring a plaintiff, a convicted felon and implying that she lied on her job application. Although plaintiff had a prior conviction she disclosed that on her application and was hired anyway. Plaintiff sued the news organization. The trial court ruled that plaintiff was a public figure and as such she would need to prove actual malice. The trial court granted defendants motion for directed verdict, concluding that plaintiff had failed to show actual malice. The appellate court agreed and affirmed the judgment.




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Metzgar v. KBR Inc

(United States Fourth Circuit) - Affirmed in part; vacated in part. US military personnel, civilian contractors and surviving family members brought suit for injuries allegedly caused by defendant’s waste management and water services across Iraq and Afghanistan. The district court concluded that the suit implicated a political question that was barred and that the Federal Tort Claims Act (FTCA) preempts the Servicemember’s claims. The appellate court stated that federal courts will not examine cases involving political questions because that would encroach on prerogatives of Congress and the President, Baker v. Carr, 369 US 186. Because the case was barred as a political question, the issue of the FTCA preemption need not have been decided. The appellate court vacated the FTCA ruling and affirmed the political question ruling.




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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.




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US v. Edward Kehoe

(United States Fourth Circuit) - Affirmed: In a plea deal, plaintiff pled guilty to possession of a firearm, but reserved the right to appeal the order denying his motion to suppress the weapon. Plaintiff argued that his motion was denied in error because the police lacked reasonable suspicion for seizure. The appellate court held that based on the totality of the circumstances and a tip from citizen informants the search and seizure was lawful. The motion to suppress was properly denied.




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Malvo v. Mathena

(United States Fourth Circuit) - Affirmed: The juvenile offender of the DC Beltway sniper duo was convicted of capital murder for crimes committed when he was 17 years old. He was sentenced to 4 terms of life imprisonment without parole. After his conviction and sentence the US Supreme Court held that persons who committed serious crimes when under 18 could not be sentenced to death and that they could not be sentenced to life imprisonment unless the offenses reflected permanent incorrigibility and that these rules applied retroactively. Because of the new rules, the district court vacated the life sentences without parole and remanded for re-sentencing. The 4th Circuit affirmed.




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US v. Christian Allmendinger

(United States Fourth Circuit) - Vacating and remanding the district court's finding that defendant did not face ineffective assistance of counsel where his attorney failed to raise a significant and obvious issue on appeal of his conviction for money laundering and fraudulent investment crimes. The issue would likely have resulted in a reversal of his money laundering conviction and the Fourth Circuit remanded for further proceedings.




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Gonzalez v. Sessions

(United States Fourth Circuit) - Petition granted; reversed and remanded the decision of the Board of Immigration Appeals which had found that payment of court costs qualified as a conviction under the Immigration and Naturalization Act. Plaintiff entered the US illegally and then several years later pled guilty to a misdemeanor marijuana charge where the court withheld adjudication of guilt and assessed $100 in court costs. The Fourth Circuit held that the assessment of court costs was not a punishment and therefore there was not a conviction.




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US v. Jesus Alejandro Chavez

(United States Fourth Circuit) - Affirmed the convictions of the defendants for all crimes charged against them, including violent crimes in the aid of racketeering. Defendants alleged errors and Brady violations. The court held that a Brady claim must establish evidence that was favorable to the accused, suppressed, and material to the verdict, but did not find that there was any such evidence rising to the level of a Brady exclusion.




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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.




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Allen v. Cooper

(United States Fourth Circuit) - Reversed the district court's ruling which had denied immunity to North Carolina state agencies and officials which were sued by a videographer alleging that they violated his copyrights by publishing his video footage of an 18th-century shipwreck off the North Carolina coast. Plaintiff had obtained the rights to create the footage through a permit issued by North Carolina to the ship's salvors. Disagreeing with the district court's rulings on a motion to dismiss, the Fourth Circuit concluded that the defendant agencies and officials were protected from the lawsuit by sovereign immunity, qualified immunity, and/or legislative immunity.




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Warren v. Thomas

(United States Fourth Circuit) - Affirmed the denial of a habeas petition in a case where a murderer sentenced to death asked that the jury be instructed that he would have been ineligible for parole if sentenced to life in prison. In affirming the denial of his request, the appeals court noted that he only had a right to such a jury instruction if the prosecutor had argued that he would be a danger to society if released from prison, but the prosecutor here had not argued future dangerousness.




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Savage v. State of Maryland

(United States Fourth Circuit) - Affirming in part the dismissal of an African-American police officer's discrimination and retaliation claims against a state prosecutor for reading aloud criminal suspects' letters containing racial epithets at a trial preparation meeting that the officer attended. The Fourth Circuit held that the police officer did not state a claim for racial harassment or retaliation as no reasonable employee could believe that the prosecutor's conduct violated civil rights law and because the prosecutor was protected by absolute prosecutorial immunity.