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US v. Arias-Mercedes

(United States First Circuit) - Affirmed a conviction on drug-smuggling charges. The defendant, who was caught with two other men aboard a vessel carrying 70 kilograms of cocaine, argued that he was a mere transporter of the contraband and thus was entitled to a minor participant reduction under the U.S. Sentencing Guidelines. Finding no error in the sentence, the First Circuit affirmed.




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Scholz v. Goudreau

(United States First Circuit) - Denied both parties' appeals in a trademark lawsuit between two members of the rock band Boston. A member of the multi-platinum band sued the band's former guitarist for trademark infringement and breach of contract in a dispute over the wording of public statements about the guitarist's former role in the band. At trial, the jury rejected all of the plaintiff's claims and all of the defendant's counterclaims. Both sides appealed, and the First Circuit affirmed.




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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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Richard v. Regional School Unit 57

(United States First Circuit) - Held that a school did not unlawfully retaliate against a kindergarten teacher for her advocacy on behalf of students with disabilities. The teacher claimed that she was transferred to a different school and suffered other adverse actions. However, after a bench trial, the district court was not persuaded that her advocacy was the reason for these personnel actions, and thus rejected her claims under the Americans with Disabilities Act and other state and federal statutes. On appeal, the First Circuit affirmed in a 2-1 decision.




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Boudreau v. Lussier

(United States First Circuit) - Held that a man who was convicted of possession of child pornography based on images found on his work computer could not proceed with his lawsuit claiming that his privacy rights were violated. The man, who was sentenced to five years' imprisonment, objected to the fact that his employer had covertly installed screenshot-capturing software on his work computer. He alleged that his employer violated the federal Electronic Communications Privacy Act, and also that police officials infringed his Fourth Amendment rights in various ways. However, the First Circuit rejected his arguments and affirmed summary judgment for the defendants.




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Harry v. Countrywide Home Loans, Inc.

(United States First Circuit) - Affirmed the dismissal of a homeowners' action to void a mortgage and enjoin their property's foreclosure sale. The lenders argued that the homeowners had waited too long to assert their claims under the Real Estate Settlement Procedures Act, the Truth in Lending Act, RICO and other statutes, because they entered into the mortgage in 2005 and defaulted on it in 2009. The First Circuit agreed that their claims were time-barred, rejecting the homeowners' fraudulent concealment argument and other attempts to escape the time bars.




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US v. Rivera-Berrios

(United States First Circuit) - Affirmed a district court’s decision regarding sentencing in a case where the defendant plead guilty to illegal possession of a firearm and was sentenced to probation. In 2016, defendant’s home was searched and a massive cache of weapons was found. Defendant pleaded guilty to the 2016 charges, but before he could be sentenced his probation from the 2013 charges was revoked and he was sentenced to prison for those charges. This action slotted defendant into a criminal history category that generated increased prison time under the sentencing guidelines. Defendant argued that the 2013 sentence should not be considered for the 2016 sentence. The court held that the district court properly considered the factors for sentencing.




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Aguilar-de Guillen v. Sessions

(United States First Circuit) - Denied an undocumented immigrant's petition for review of a decision ordering her removed from the United States. The El Salvador national sought asylum relief and protection under the Convention Against Torture Act, citing gang death threats she had received in her home country that had prompted her to leave. However, the First Circuit found no basis to overturn the Board of Immigration Appeals' conclusion that she did not have a well-founded fear of future persecution or satisfy other requirements for the relief she sought.




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Gustavsen v. Alcon Laboratories, Inc.

(United States First Circuit) - Affirmed the dismissal of a consumer complaint alleging that manufacturers of prescription eye drops deliberately designed their bottles to emit unnecessarily large drops in a ploy to force patients to waste the expensive medication and thus buy more of it. Moving to dismiss on preemption grounds, the manufacturers contended that the Food and Drug Administration would have to approve any modification of the medication's bottle. Agreeing, the First Circuit held that FDA regulations preempted the plaintiffs' state law claims seeking to force a change in the bottle design.



  • Consumer Protection Law
  • Health Law
  • Drugs & Biotech

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Campbell v. Ackerman

(United States First Circuit) - Affirmed a take-nothing judgment in an action alleging mainly that a law enforcement officer unconstitutionally used excessive force while executing a search warrant. The plaintiff challenged the exclusion of certain evidence. The First Circuit rejected her arguments because her grounds for attacking the challenged evidentiary rulings were not advanced below.




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Narragansett Indian Tribe v. Rhode Island Department of Transportation

(United States First Circuit) - Affirmed the dismissal of an Indian tribe's complaint against federal and Rhode Island agencies concerning a highway bridge reconstruction. The tribe argued, at base, that the state of Rhode Island broke a promise to give the tribe three parcels of land as mitigation for the expected negative impact on historic tribal land of an I-95 bridge replacement project. Agreeing with the district court, the First Circuit held that the tribe's claims were barred by federal sovereign immunity and lack of subject matter jurisdiction.




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Lemelson v. Bloomberg L.P.

(United States First Circuit) - Affirmed the dismissal of a defamation suit brought by a hedge fund manager who claimed Bloomberg News falsely reported that he was being investigated by the Securities and Exchange Commission. The plaintiff brought suit against Bloomberg, as well as the reporter and editor of the story, alleging that they had defamed him and committed other common-law torts. Agreeing with the district court, the First Circuit held that the plaintiff was required to plausibly allege actual malice because he was at least a limited-purpose public figure and that he had failed to allege such facts.




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US v. Freitas

(United States First Circuit) - Affirmed convictions of bulk-cash smuggling and currency structuring. The defendant argued that his convictions must be vacated because of erroneous evidentiary rulings, improper jury instructions, and other errors. Unconvinced by his arguments, the First Circuit affirmed.



  • Criminal Law & Procedure

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Rivera v. Sessions

(United States First Circuit) - Dismissed an alien's petition for review of a decision denying his request for cancellation of removal. The Board of Immigration Appeals had found that the citizen of Guatemala was ineligible for cancellation of removal, due in part to criminal charges pending against him of child molestation of his ex-wife's then-twelve-year-old granddaughter. On appeal, the First Circuit dismissed his petition for review.




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Doe v. Harvard Pilgrim Health Care, Inc.

(United States First Circuit) - Reinstated a lawsuit alleging that a health insurance company improperly denied coverage for in-patient mental health services. After several unsuccessful administrative appeals, the insured sued the insurance company under ERISA, claiming that all of her time spent at a mental health residential treatment facility was medically necessary and thus should have been covered under an employer-provided healthcare plan. On appeal, the First Circuit vacated an order granting summary judgment for the insurance company, holding that the district court should have allowed the insured to supplement the administrative record.




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US v. Irizarry-Rosario

(United States First Circuit) - Held that the government did not breach its plea agreement with a defendant by arguing, at least implicitly, that the agreed-upon 60-month sentence for his weapons charge was too low. The defendant contended that prosecutors undercut the plea deal. Finding no breach of the parties' agreement, the First Circuit affirmed.




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US v. Ocean

(United States First Circuit) - Affirmed two men's convictions of a conspiracy to distribute cocaine base. The defendants raised a variety of constitutional and evidentiary arguments against their convictions. However, the First Circuit found no error in any of their claims of error.



  • Criminal Law & Procedure

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Plixer International, Inc. v. Scrutinizer GMBH

(United States First Circuit) - Held that the exercise of specific personal jurisdiction over a German company in a trademark infringement action did not violate due process. The German company, which operated an English-language website, argued that it lacked the requisite minimum contacts with the United States. Disagreeing, the First Circuit affirmed the district court's ruling that the exercise of personal jurisdiction was constitutional.




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National Federation of the Blind v. Container Store, Inc.

(United States First Circuit) - Affirmed the denial of a retail chain's motion to compel arbitration of a proposed class action brought by blind customers. The retailer moved to compel arbitration of the discrimination lawsuit, citing an arbitration provision in the terms and conditions of a loyalty program of which the individual plaintiffs were members. However, the district court concluded that the arbitration provision was not enforceable here, and the First Circuit found no error in that ruling.




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US v. Cruz-Rivera

(United States First Circuit) - Affirmed convictions on federal carjacking and weapons counts. The defendant argued that his carjacking offense did not qualify as a crime of violence and thus could not serve as a predicate for the weapons counts. Finding no error, the First Circuit affirmed.



  • Criminal Law & Procedure

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US v. London, Jr.

(United States First Circuit) - Affirmed. A motion to correct a 1996 sentence as a career offender was not timely because the motion asserts a right not recognized in caselaw.




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Punk Pioneers D.O.A. Celebrate 40th Anniversary

New Studio Album Fight Back To Be Released May 1, 2018; 40th Anniversary World Tour




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D.O.A. Headline 1st Annual Fight Back Festival In Vancouver, B.C.

Sudden Death Records Is Proud To Present The First Annual Fight Back Festival, Friday July 6th At The Rickshaw Theater. Vancouver’s Punk Pioneers D.O.A. Who Are Celebrating Their 40th Anniversary Will






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“60 Minutes” correspondent Lesley Stahl says she fought coronavirus

CBS News “60 Minutes” correspondent Lesley Stahl said Sunday that she's finally feeling well after a battle with COVID-19 that left her hospitalized for a week.




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Nicolas Cage to star as Joe Exotic in limited TV series

The Joe Exotic phenomenon keeps growing, with Nicolas Cage to star in a TV miniseries about the colorful wild animal owner made famous by the “Tiger King” docuseries.






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No, you’re not crazy. Everyone in Colorado really is baking bread.

Everyone has started baking bread during the coronavirus outbreak: Your mom, your neighbor, your best friend. Even you.




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Chipotle just opened its first drive-thru in Colorado, another one is on the way

"Chipotlanes" are rolling out across the country, at a time when customers can't dine in and want more pickup and delivery options.




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Denver Public Schools likely to mix in-person classes with remote learning beginning in August

Denver Public Schools leadership announced Thursday that the next academic year is expected to begin on time in August, but likely will consist of a mix of in-person and remote learning in an effort to maintain social distancing and prioritize health and safety.




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Home-building academy’s goal: Provide a foundation for people seeking stable careers, new starts

Billy Liptrot is making the transition from prison to life on the outside just as one of the nation's hottest economic streaks has imploded in the face of a global pandemic. But the 38-year-old husband and father is optimistic as he undertakes training for what he hopes will lead to a career as a carpenter in the home building industry. And the industry says years of "under building" could help the industry bounce back as the economy improves.




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Three-minute siren test planned for Wednesday in Denver

Denver will conduct a three-minute test of the Outdoor Warning Siren System on Wednesday.




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Why Colorado school districts are serving fewer meals during coronavirus closures

As schools across Colorado closed in March to slow the spread of coronavirus, food service directors and cafeteria workers swung into action, setting up an extensive network that has handed out hundreds of thousands of meals, many of them to families short on food for the first time.




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Letter: Our sympathies to a grieving mother (5/6/20)

Our sympathies to a grieving mother Re: “Appeal from an isolated, grieving mother,” May 1 letter to the editor




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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.




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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.




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Denver Center for the Performing Arts cancels or postpones all shows through April 12

The Denver Center for the Performing Arts, one of the country's largest nonprofit theater organizations, is shuttering many of its 2019-2020 shows in light of new public health guidelines provided by the state and city during the coronavirus pandemic.




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Denver Actors Fund readies $35,000 in immediate funding for shut-out theater pros

The Denver Actors Fund on Tuesday announced a $35,000 emergency relief fund for Colorado theater artists who have been hurt by the coronavirus shutdown.




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Denver Center for the Performing Arts cuts staff, cancels shows amid coronavirus shutdown

The Denver Center for the Performing Arts is reducing staffing costs by more than 50% and announcing a new round of show cancellations in an effort to stem millions of dollars in losses due to the coronavirus shutdown.





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“Book of Mormon” cancels Denver summer dates amid national tour’s demise

The Tony-winning, nationally touring Broadway musical "The Book of Mormon" on Tuesday canceled its Denver dates amid a cross-country shutdown related to the coronavirus pandemic.





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Denver premiere of David Byrne’s “Theater of Mind” postponed, DCPA theater season delayed

Talking Heads leader David Byrne’s new project, “Theater of Mind,” will miss its scheduled world premiere in Denver later this year, the Denver Center for the Performing Arts said today.




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Volatile days ahead for Colorado’s Front Range housing markets

Anyone wanting to buy or sell a home in metro Denver this year needs to buckle up and prepare for a wild ride in the months ahead.




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Businesses that rent Denver-owned space can delay their payments

Dazbog, the Denver Center for the Performing Arts, Pizza Republica and others that rent city-owned space have the option to defer rent payments for three months this year.





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Metro district board candidates face election challenges because of coronavirus restrictions

The novel coronavirus pandemic has been a challenge for dozens of metropolitan district board candidates across Colorado as they grapple with stay-at-home orders and social distancing impacting their campaigns.




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Tenants at Acacia Apartments in Denver strike on rent

Members of the Acacia Tenants Union in Denver have posted banners saying "Don't Pay May" and "Rent Relief Now" after failing to reach terms for rent relief with their landlord, Olive Bark LLC.