(United States Ninth Circuit) - Dismissal of a class action complaint alleging false statements contained in a merger agreement with a third party company is affirmed where the plaintiff has not pled facts that would either directly or indirectly give rise to a strong inference of scienter on the part of those officers responsible for making the false statements contained in the merger agreement.

(United States Seventh Circuit) - In an insolvent corporation's suit against defendant-corporation for tortious interference with its merger agreement, district court's judgment awarding defendant about $1.2 million in legal fees after ruling in favor of defendant and holding the insolvent corporation's board of directors personally liable is reversed as, under Nev. Rev. Stat. section 78.747, there isn't any fraud as plaintiff's thin capitalization was both the reason why the deal had been proposed and the dominant feature in the deal's structure. Furthermore, when plaintiff signed a contract promising to reimburse defendant's legal expenses if litigation ensued, defendant knew beyond doubt that plaintiff would be unable to keep that promise unless the merger closed. Thus, the court is not aware of any statute or decision holding that investors in a thinly capitalized corporation are personally liable for its debts to a contracting partner when that partner, with knowledge of the corporation's insolvency, signs without getting a guaranty from the investors.

(Court of Appeals of New York) - In a suit for tortious interference with prospective business relations and aiding and abetting breach of fiduciary duty, arising from the defendants' alleged participation in derailing the plaintiff company's acquisition by a third party, the Appellate Division's dismissal of the complaint is affirmed by memorandum, where the plaintiffs failed to produce evidentiary proof as to whether: 1) individual defendants participated in a co-defendant's admitted campaign to interfere with the proposed acquisition; 2) defendant entities should be held vicariously liable for the interference; or 3) an individual plaintiff was entitled to injunctive relief.

NJ Rock Band Harvest Falls Debuts Video, Single, Charity Drive For New Song "MOMENT OF CONSEQUENCE"

(United States DC Circuit) - Petition for review denied. The EPA did not act contrary to the Resource Conservation and Recovery Act in adopting a Transfer-Based Exclusion because hazardous materials are not necessarily "discarded" when they are transferred from a generator to a reclaimer along with payment. The policy was not arbitrary or capricious.

(California Court of Appeal) - Affirming the trial court's conclusion that Monsanto and others failed to state a claim in a suit where they averred that Proposition 65's reliance on the International Agency for Research on Cancer's determinations about which chemicals cause cancer improperly granted a foreign entity authority over domestic affairs.

(United States Federal Circuit) - Vacating the Patent Trial and Appeal Board's dismissal of an interference claim for lack of standing and remanding for further proceedings because the description of a method for removing hair using nanoparticles to damage hair follicles was a sufficient written description under the Patent Act because although the description only gave optical density rather than particles per ml, this was enough of a disclosure to convey to those skilled in the art that the inventor had possession of the claimed subject matter.

(United States Federal Circuit) - Affirming in part and reversing in part the inter partes review decision of the US Patent and Trademark Office Patent Trial and Appeal Bard holding claims for methods of distributing nitric oxide gas cylinders for pharmaceutical applications used in treating respiratory failure as unpatentable as obvious because, while the Board didn't err as to most of the rulings, it did as to one.

De coronacrisis heeft een grote impact op de manier waarop we op dit moment met elkaar omgaan. Dat deze crisis een enorme boost gaat geven aan de digitale transformatie, is wel duidelijk. Maar wat zijn de consequenties van deze digitale versnelling voor de relatie tussen organisaties en hun klanten? Gaan we straks weer terug naar […]

An Italian nurse working on the frontline against the Chinese coronavirus was brutally sexually assaulted by an African migrant after finishing her shift and heading to her home.

On Friday’s broadcast of MSNBC’s “All In,” Sen. Bernie Sanders (I-VT) discussed what kind of economic stimulus should be passed to respond to the coronavirus and stated that it would be “an economic disaster” if President Trump didn’t fund the

Italy’s Catholic bishops’ conference (CEI) announced this week that an accord has been reached with the government for the re-initiation of public worship, with a series of restrictions.

Afghanistan's government has freed 933 Taliban prisoners since the terrorists agreed to a peace deal with the U.S. in February, Pakistani newspaper Dawn reported on Friday.

Mexican health officials admitted to surpassing 3,100 COVID-19 related-deaths as cases continue to rise nationwide. The reports come despite repeated accusations of the government downplaying the true scope of the coronavirus pandemic

(United States Seventh Circuit) - Affirmed the denial of class certification in two lawsuits that were brought by unwilling recipients of faxed advertising messages. The recipients alleged that the fax advertisements violated the FCC's Solicited Fax Rule. Found no abuse of discretion in denying class certification in both cases, which were consolidated for appeal.

(United States Seventh Circuit) - Held that the district court did not adequately explain its reason for rescinding certification of a class in a business dispute between numerous used-car dealerships and a financing company. Vacated the class certification ruling and remanded for further proceedings.

(United States Second Circuit) - Questions on appeal concern cross-jurisdictional tolling of a class action. Because the appeal presents state law questions that New York’s courts have yet to address, the court certifies the case to the New York Court of Appeals.

Crystal Beth Is What Happens If You Cross Frank Zappa, Yoko Ono, Patti Smith, And Janice Joplin

The Critically-Acclaimed Group Netted The #4 Most Added Spot On The Billboard Mainstream Indicator Chart & Was The #1 Most Added On The Foundations Chart Week

(Supreme Court of California) - Interpreting Code of Civil Procedure section 580d, the California Supreme Court held that a creditor holding two deeds of trust on the same property may recover a deficiency judgment on the junior lien extinguished by a nonjudicial foreclosure sale on the senior lien.

Distributed By The Digital Soapbox Network, The Hype Magazine “Live Session” Podcast Is Available Via Some Of The Biggest Streaming Platforms In The Digital Space

(United States Seventh Circuit) - Held that a manufacturer breached its contractual agreement with a distributor in the medical-supply industry. Affirmed a bench trial judgment, in a case involving distribution rights to a special type of hospital bed.

(United States Ninth Circuit) - Held that the Federal Trade Commission Act could support an order compelling an online payday lender to pay more than $1 billion in monetary relief for unfair business practices. Two of the judges on the Ninth Circuit panel filed a concurring opinion to suggest that the court should rehear the case en banc to reconsider relevant circuit precedent.

(United States Second Circuit) - Held that a consumer could not proceed with a claim that a debt collection letter unlawfully failed to inform him of certain information. Affirmed the dismissal of his proposed class action lawsuit against the debt collector under the Fair Debt Collection Practices Act.

The Critically-Acclaimed Group Netted The #4 Most Added Spot On The Billboard Mainstream Indicator Chart & Was The #1 Most Added On The Foundations Chart Week

NMS Has Been One Of The Choice Places For Music Pros And Artists To Gather And Discuss The Future Of The Music Industry Since Its Creation In 1980

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

(United States Fifth Circuit) - Held that a Houston law firm should be allowed to intervene in a lawsuit to protect its right to a contingent fee. The firm's client and the opposing party had allegedly conspired to cheat it out of its deserved attorney fee for work on a matter involving a foreign arbitral award. Remanded with directions to permit intervention and consider the law firm's claims on the merits.

(California Court of Appeal) - Dismissed part of appeal and affirmed part. Plaintiff filed a class action complaint against Defendant alleging wage and hour violations and a unfair competition law claim (UCL). Defendants sought to compel arbitration. The trial court granted Defendant’s motion as to Plaintiffs individual claims, allowed the arbitrator to decide the class action claims, and denied the motion as to the UCL claim. The appeals court found that the motion that granted arbitration could not be appealed and found no error in the denial of arbitration for the UCL claim.

The Album Features Re-recordings Of 11 Classic TANK Songs Chosen From The First Four Albums And Given A New Lease Of Life With A Much More Up To Date Production And Renewed Energy.

We check in on the state budget deficit and the controversial reopening of the Yuba Sutter Mall. A trio of UC Davis Medical Center nurses on the value of nursing during the pandemic. How to monitor mental health and a new COVID-19 children’s book.

Queen guitarist Brian May injured himself while gardening at home earlier this week.

Aspiring Musicians Are Invited To Submit Original Songs For A Chance To Win A Mentorship By MTV And US$10,000 To Fund Their Music Journey

Sonarworks Software Proves To Be The ‘secret Sauce’ In International Car Audio Competition

The Critically-Acclaimed Group Netted The #4 Most Added Spot On The Billboard Mainstream Indicator Chart & Was The #1 Most Added On The Foundations Chart Week

MusicDish*China Will Be Developing Their Online Presence And Social Media In China As Well As Releasing Their Catalogue To Chinese Streaming Music Services

Don't take it to the bank, but it is starting to look like the last flakes have flown across much of Colorado for the winter.

(United States Third Circuit) - Denied a petition for review of a Pennsylvania state regulators' decision to grant a Clean Water Act certification to a natural gas pipeline project. An environmental organization raised various procedural and substantive arguments against the environmental regulators' issuance of a water quality certification. On judicial review, the Third Circuit held that the environmentalists' challenge failed on the merits. Prior to reaching the merits, the panel discussed in detail questions regarding its jurisdiction under the Natural Gas Act.

(United States Third Circuit) - Held that a consumer who purchased baby powder without being informed that it increased the risk of ovarian cancer (as she alleged it did) had no standing to pursue claims for economic injury. The plaintiff argued that she and other consumers would not have purchased the baby powder in the first place had they been properly informed about its alleged risks. Emphasizing that she was asserting only economic harm, the Third Circuit affirmed dismissal of her class-action complaint, explaining that the product had functioned for her as expected.

It’ll take more than a probing, eight-inch nasal swab to keep Justin Gaethje from taking his shot at a UFC title belt. Even an interim one.

(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.

(United States Fourth Circuit) - Affirmed an order enjoining the U.S. Department of Health and Human Services from enforcing a Medicaid reimbursement policy that was set forth in a Frequently Asked Questions document. The plaintiff, a hospital, contended that the reimbursement policy was not validly promulgated because there was no formal rulemaking as required by the Administrative Procedure Act. Agreeing, the Fourth Circuit held that the FAQ document was insufficient and that notice-and-comment rulemaking was necessary.

(United States Fourth Circuit) - Held that the National Labor Relations Board was not entitled to preliminary injunctive relief directing two hospitals to bargain in good faith with a labor union representing nurses and take other actions. The NLRB argued that the district court ought to have granted its request for a preliminary injunction under section 10(j) of the National Labor Relations Act. Finding no abuse of discretion, the Fourth Circuit explained that the Board had not demonstrated that the effectiveness of its remedial power would be in jeopardy unless a preliminary injunction were imposed.

When it first made its debut fifteen years ago, this adorable Metallica "Master of Puppets" playset (made by Stevenson Entertainment...

The post Put on Your Own METALLICA Show During the Pandemic With This Mini-'Master of Puppets' Playset appeared first on Metal Injection.

Since 2016, Well of Night have been restlessly building their sound into a rare blend of riff-heavy, energetic and melodic...

The post WELL OF NIGHT Offer Seering, Melodic Black Metal Song "Doctrine of Futility and Human Extinction" appeared first on Metal Injection.

This might be one of the most unique headlines I've ever written but Queen frontman Brian May had to be rushed...

The post QUEENS's Brian May (Literally) "Rips" His Ass "To Shreds," Taken To Hospital appeared first on Metal Injection.

The word legend gets thrown around a lot, but Little Richard is undoubtedly a legend. He died earlier today at...

The post Rock & Metal Musicians Pay Tribute to Little Richard appeared first on Metal Injection.

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.

Album Produced By Steve Evetts (The Dillinger Escape Plan, Suicide Silence, Poison The Well), And Mixed By Jamie King (Between The Buried And Me, The Contortionist)