v US v. Arias-Mercedes By feeds.findlaw.com Published On :: 2018-08-21T08:00:00+00:00 (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. Full Article Sentencing Criminal Law & Procedure
v Scholz v. Goudreau By feeds.findlaw.com Published On :: 2018-08-21T08:00:00+00:00 (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. Full Article Entertainment Law Trademark Intellectual Property
v United Food and Commercial Workers Unions v. Novartis Pharmaceutical Corp. By feeds.findlaw.com Published On :: 2018-08-21T08:00:00+00:00 (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. Full Article Antitrust & Trade Regulation Health Law Drugs & Biotech
v Richard v. Regional School Unit 57 By feeds.findlaw.com Published On :: 2018-08-21T08:00:00+00:00 (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. Full Article Education Law Civil Rights Labor & Employment Law
v Boudreau v. Lussier By feeds.findlaw.com Published On :: 2018-08-21T08:00:00+00:00 (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. Full Article Labor & Employment Law Civil Rights Constitutional Law
v Harry v. Countrywide Home Loans, Inc. By feeds.findlaw.com Published On :: 2018-08-23T08:00:00+00:00 (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. Full Article Property Law & Real Estate Banking Law
v US v. Rivera-Berrios By feeds.findlaw.com Published On :: 2018-08-24T08:00:00+00:00 (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. Full Article Sentencing Criminal Law & Procedure
v Aguilar-de Guillen v. Sessions By feeds.findlaw.com Published On :: 2018-08-27T08:00:00+00:00 (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. Full Article Immigration Law
v Gustavsen v. Alcon Laboratories, Inc. By feeds.findlaw.com Published On :: 2018-08-27T08:00:00+00:00 (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. Full Article Consumer Protection Law Health Law Drugs & Biotech
v Campbell v. Ackerman By feeds.findlaw.com Published On :: 2018-08-29T08:00:00+00:00 (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. Full Article Civil Rights Constitutional Law
v Narragansett Indian Tribe v. Rhode Island Department of Transportation By feeds.findlaw.com Published On :: 2018-08-30T08:00:00+00:00 (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. Full Article Construction Government Law Indian Law
v Lemelson v. Bloomberg L.P. By feeds.findlaw.com Published On :: 2018-08-30T08:00:00+00:00 (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. Full Article Injury & Tort Law Securities Law Media Law
v US v. Freitas By feeds.findlaw.com Published On :: 2018-09-06T08:00:00+00:00 (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. Full Article Criminal Law & Procedure
v Rivera v. Sessions By feeds.findlaw.com Published On :: 2018-09-06T08:00:00+00:00 (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. Full Article Immigration Law
v Doe v. Harvard Pilgrim Health Care, Inc. By feeds.findlaw.com Published On :: 2018-09-06T08:00:00+00:00 (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. Full Article Insurance Law Health Law ERISA
v US v. Irizarry-Rosario By feeds.findlaw.com Published On :: 2018-09-10T08:00:00+00:00 (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. Full Article Sentencing Criminal Law & Procedure
v US v. Ocean By feeds.findlaw.com Published On :: 2018-09-11T08:00:00+00:00 (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. Full Article Criminal Law & Procedure
v Plixer International, Inc. v. Scrutinizer GMBH By feeds.findlaw.com Published On :: 2018-09-13T08:00:00+00:00 (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. Full Article Intellectual Property Trademark Civil Procedure
v National Federation of the Blind v. Container Store, Inc. By feeds.findlaw.com Published On :: 2018-09-14T08:00:00+00:00 (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. Full Article Civil Rights Dispute Resolution & Arbitration
v US v. Cruz-Rivera By feeds.findlaw.com Published On :: 2018-09-14T08:00:00+00:00 (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. Full Article Criminal Law & Procedure
v US v. London, Jr. By feeds.findlaw.com Published On :: 2019-08-29T08:00:00+00:00 (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. Full Article Sentencing Constitutional Law Criminal Law & Procedure
v Punk Pioneers D.O.A. Celebrate 40th Anniversary By feedproxy.google.com Published On :: New Studio Album Fight Back To Be Released May 1, 2018; 40th Anniversary World Tour Full Article
v D.O.A. Headline 1st Annual Fight Back Festival In Vancouver, B.C. By feedproxy.google.com Published On :: Sudden Death Records Is Proud To Present The First Annual Fight Back Festival, Friday July 6th At The Rickshaw Theater. Vancouvers Punk Pioneers D.O.A. Who Are Celebrating Their 40th Anniversary Will Full Article
v WWE deemed “essential” amid coronavirus pandemic under Florida governor’s order By www.denverpost.com Published On :: Tue, 14 Apr 2020 20:17:03 +0000 Body slams and pile drives can go on in the Sunshine State. Full Article Entertainment Latest News Nation World News News Sports Television coronavirus pro wrestling WWE
v B.J. Armstrong offers perspective on “The Last Dance” By www.denverpost.com Published On :: Mon, 20 Apr 2020 13:38:13 +0000 B.J. Armstrong played on three NBA championship teams with Michael Jordan. He knows how Jordan is behind closed doors. He knows the sort of trials and tribulations that occur over the course of a season. Full Article Denver Nuggets Entertainment Latest News Sports Television Chicago Bulls ESPN Michael Jordan NBA Phil Jackson
v “60 Minutes” correspondent Lesley Stahl says she fought coronavirus By www.denverpost.com Published On :: Mon, 04 May 2020 01:27:26 +0000 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. Full Article Entertainment Latest News Television coronavirus
v Nicolas Cage to star as Joe Exotic in limited TV series By www.denverpost.com Published On :: Mon, 04 May 2020 20:27:44 +0000 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. Full Article Entertainment Latest News Television Netflix
v Denverites watched more TV in late March, April than almost anyone else in the country By www.denverpost.com Published On :: Tue, 05 May 2020 15:50:39 +0000 Statewide shutdowns due to the coronavirus led Denver to see giant jumps in TV viewership. Full Article Colorado News Entertainment Latest News News Television Altitude TV coronavirus Entertainment for isolation television The Know video games
v Watch “Portals to Hell” tear open Denver’s urban ghost history on the Travel Channel By www.denverpost.com Published On :: Thu, 07 May 2020 15:00:37 +0000 Remember when it was fun to be afraid of things other than a global pandemic? Full Article Colorado News Entertainment Latest News Lifestyle News Television Things To Do Entertainment for isolation Ghostbusters
v No, you’re not crazy. Everyone in Colorado really is baking bread. By www.denverpost.com Published On :: Fri, 08 May 2020 14:29:43 +0000 Everyone has started baking bread during the coronavirus outbreak: Your mom, your neighbor, your best friend. Even you. Full Article Entertainment Food & Drink Latest News Lifestyle Restaurants & Dining Things To Do baking coronavirus Entertainment for isolation The Know
v Chipotle just opened its first drive-thru in Colorado, another one is on the way By www.denverpost.com Published On :: Fri, 08 May 2020 20:10:54 +0000 "Chipotlanes" are rolling out across the country, at a time when customers can't dine in and want more pickup and delivery options. Full Article Colorado News Entertainment Food & Drink Latest News Lifestyle News Restaurants & Dining Things To Do Chipotle Mexican Grill fast food restaurant opening and closing The Know
v Denver Public Schools likely to mix in-person classes with remote learning beginning in August By www.denverpost.com Published On :: Fri, 08 May 2020 00:48:42 +0000 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. Full Article Colorado News Education Latest News News all readers coronavirus coronavirus in Colorado Denver Public Schools education K-12 education Susana Cordova
v Home-building academy’s goal: Provide a foundation for people seeking stable careers, new starts By www.denverpost.com Published On :: Fri, 08 May 2020 12:00:56 +0000 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. Full Article Business Jobs Latest News News Colorado Department of Labor construction coronavirus jobs labor Oakwood Homes OSHA Taylor Morrison unemployment University of Denver
v Three-minute siren test planned for Wednesday in Denver By www.denverpost.com Published On :: Fri, 08 May 2020 22:44:42 +0000 Denver will conduct a three-minute test of the Outdoor Warning Siren System on Wednesday. Full Article Colorado News Latest News News Denver Department of Public Safety shelter tornadoes
v Why Colorado school districts are serving fewer meals during coronavirus closures By www.denverpost.com Published On :: Sat, 09 May 2020 12:00:09 +0000 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. Full Article Colorado News Education News Adams 12 Five Star Schools coronavirus coronavirus in Colorado Denver Public Schools education Jeffco Public Schools K-12 education Westminster Public Schools
v Letter: Our sympathies to a grieving mother (5/6/20) By feeds.denverpost.com Published On :: Wed, 06 May 2020 17:43:25 +0000 Our sympathies to a grieving mother Re: “Appeal from an isolated, grieving mother,” May 1 letter to the editor Full Article Letters Opinion coronavirus in Colorado
v Feldman: America has no plan for the worst-case scenario on COVID-19 By feeds.denverpost.com Published On :: Thu, 07 May 2020 00:01:03 +0000 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. Full Article Opinion Opinion Columnists CDC coronavirus Deaths ebola economy fatality health hospitals science South Korea vaccines
v McMillin: Colorado’s schools have got to get students re-engaged By feeds.denverpost.com Published On :: Fri, 08 May 2020 20:36:04 +0000 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. Full Article Opinion Opinion Columnists administrators books Colorado Department of Education computers Denver Public Schools Denver Public Schools board election 2019 DPS education Jefferson County schedule school schools shutdown spring break Superintendent teachers unemployment
v Denver Center for the Performing Arts cancels or postpones all shows through April 12 By feeds.denverpost.com Published On :: Fri, 13 Mar 2020 21:51:14 +0000 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. Full Article Entertainment Latest News Theater coronavirus coronavirus closures and cancellations economic impact of coronavirus The Know theater
v Denver Actors Fund readies $35,000 in immediate funding for shut-out theater pros By feeds.denverpost.com Published On :: Wed, 25 Mar 2020 15:09:22 +0000 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. Full Article Entertainment Latest News Theater coronavirus economic impact of coronavirus The Know theater
v Denver Center for the Performing Arts cuts staff, cancels shows amid coronavirus shutdown By feeds.denverpost.com Published On :: Thu, 02 Apr 2020 23:05:42 +0000 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. Full Article Arts Entertainment Latest News Theater all readers economic impact of coronavirus health The Know theater
v Colorado Shakespeare Festival postponed until summer 2021 due to the coronavirus By feeds.denverpost.com Published On :: Fri, 03 Apr 2020 21:38:59 +0000 Colorado Shakespeare Festival that due to the coronavirus it would no longer continue its 2020 summer season at CU Boulder. Full Article Colorado News Entertainment Latest News Lifestyle News Theater Things To Do coronavirus coronavirus closures and cancellations festivals The Know theater University of Colorado Boulder
v “Book of Mormon” cancels Denver summer dates amid national tour’s demise By feeds.denverpost.com Published On :: Tue, 07 Apr 2020 22:28:38 +0000 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. Full Article Entertainment Latest News Theater all readers Broadway Theater coronavirus closures and cancellations Denver Center for the Performing Arts economic impact of coronavirus The Know theater
v Tickets for “Hamilton” at DCPA going on sale next week despite coronavirus By feeds.denverpost.com Published On :: Wed, 15 Apr 2020 20:17:30 +0000 DCPA isn't giving up on Hamilton yet. Full Article Colorado News Entertainment Latest News Lifestyle News Theater Things To Do DCPA Denver Center for the Performing Arts Hamilton The Know
v Denver premiere of David Byrne’s “Theater of Mind” postponed, DCPA theater season delayed By feeds.denverpost.com Published On :: Thu, 07 May 2020 18:34:05 +0000 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. Full Article Colorado News Entertainment Entertainment / Lifestyle News Theater Things To Do Buell Theatre coronavirus coronavirus closures and cancellations DCPA Denver Center for the Performing Arts The Know theater
v Volatile days ahead for Colorado’s Front Range housing markets By www.denverpost.com Published On :: Sat, 25 Apr 2020 12:00:10 +0000 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. Full Article Business Latest News News Real Estate construction coronavirus Denver Metro Association of Realtors economic impact of coronavirus economy Federal Reserve Great Recession housing housing market interest rates millennials mortgages real estate stock market unemployment
v Businesses that rent Denver-owned space can delay their payments By www.denverpost.com Published On :: Tue, 28 Apr 2020 02:51:25 +0000 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. Full Article Business Colorado News Denver Politics Latest News Local Politics News Politics Real Estate coronavirus Denver Center for the Performing Arts Denver City Council economic impact of coronavirus eviction financial layoffs politics rent traffic
v Metro Denver apartment rents were on the rise before pandemic By www.denverpost.com Published On :: Tue, 28 Apr 2020 12:00:40 +0000 Metro Denver's apartment market was fairly balanced heading into the pandemic, with rents rising and supply increasing. Full Article Business Latest News News Real Estate apartments construction coronavirus coronavirus in Colorado housing real estate rent unemployment University of Denver
v Metro district board candidates face election challenges because of coronavirus restrictions By www.denverpost.com Published On :: Fri, 01 May 2020 12:00:11 +0000 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. Full Article Business Colorado News Latest News News Real Estate housing development Metro Districts: Debt & Democracy real estate
v Tenants at Acacia Apartments in Denver strike on rent By www.denverpost.com Published On :: Sat, 02 May 2020 12:00:51 +0000 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. Full Article Business Latest News News Real Estate apartments coronavirus in Colorado economic impact of coronavirus eviction financial housing Jared Polis mortgages real estate rent renters strike unemployment union utility