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Friednash: Deploy federal funds to feed seniors and rescue Colorado’s restaurants

The restaurant industry predicts that as many as 30% of all Denver restaurants and 22% statewide may permanently go out of business if they can’t open before the end of May.





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Guest Commentary: We need a new measure of success — economic and political — that accounts for sustainability

How strong is our economy if it can’t absorb shocks? If growth comes at a great expense to future generations? And where is the scorecard that tells us how we are actually doing?





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U.S. shelves detailed guide to reopening country amid coronavirus outbreak

A document created by the nation's top disease investigators with step-by-step advice to local authorities on how and when to reopen restaurants and other public places during the still-raging outbreak has been shelved by the Trump administration.




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Justice Department dropping Flynn’s Trump-Russia case

The Justice Department on Thursday said it is dropping the criminal case against President Donald Trump's first national security adviser, Michael Flynn, abandoning a prosecution that became a rallying cry for the president and his supporters in attacking the FBI's Trump-Russia investigation.




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Ken Buck aide among those accused of election fraud, corruption by Weld County GOP chair

The Weld County GOP chairman has filed a complaint with the local district attorney and the Secretary of State’s Office accusing an aide to Republican U.S. Rep. Ken Buck and three others of election fraud and corruption.




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Fan v. Attorney General of the U.S.

(United States Third Circuit) - Vacated an administrative decision ordering a lawful permanent resident removed from the United States for having committed an aggravated felony. The man, a trader at a financial services firm who pleaded guilty to a securities law violation, argued that his crime was not truly an aggravated felony under the Immigration and Nationality Act and therefore he should not be removed. Finding merit in his argument, the Third Circuit granted his petition for review and remanded the case to the Board of Immigration Appeals for further proceedings.




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Reading Health System v. Bear Stearns and Co. n/k/a J.P. Morgan Securities LLC

(United States Third Circuit) - Affirmed that a broker-dealer was required to arbitrate a customer's claim. The broker-dealer had placed a contractual clause in its agreement with an institutional customer stating that the customer must bring any claims arising out of their agreement in a particular federal court. Splitting from several other circuits on the enforceability of such forum-selection clauses, the Third Circuit held that the clause was unenforceable because it would circumvent Financial Industry Regulatory Authority (FINRA) Rule 12200. The panel therefore affirmed an order compelling the broker-dealer to submit to FINRA arbitration.




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Bland v. City of Newark

(United States Third Circuit) - Held that police officers were entitled to qualified immunity from claims arising out of a wild high-speed chase that ended with the motorist being shot between 16 and 18 times. The apparently unarmed motorist and his wife filed this suit alleging that the officers violated the motorist's Fourth Amendment rights. On interlocutory appeal from the denial of qualified immunity, the Third Circuit held that the officers' conduct was within the bounds of the Supreme Court's relevant decisions regarding the use of lethal force, and the officers were entitled to summary judgment on qualified immunity grounds.




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Newark Cab Association v. City of Newark

(United States Third Circuit) - Affirmed the dismissal of taxi operators' constitutional challenge to an agreement that the City of Newark entered into with the ride-sharing service Uber. The taxi operators claimed that the City had violated their constitutional and state law rights by subjecting Uber and similar ride-sharing services to less onerous regulations than those imposed on taxi and limousine operators. Unpersuaded by these arguments, the Third Circuit held that the potentially unfair situation created by the City's decision could not be remedied through the plaintiffs' constitutional and state law claims.




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Vooys v. Bentley

(United States Third Circuit) - Dismissed a petition for certiorari review of a decision of the Virgin Islands Supreme Court due to lack of appellate jurisdiction. The defendant asked the Third Circuit to exercise its authority to review the Virgin Islands high court's decision in a breach-of-contract case. In an en banc ruling, the Third Circuit held that it lacked jurisdiction to hear the appeal because Congress has terminated its jurisdiction over certiorari petitions filed after December 28, 2012, regardless of when the case was originally filed.




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Murray v. City of Philadelphia

(United States Third Circuit) - Dismissed an appeal filed in a civil rights case by the estate of a man who was shot and killed by police officers. As the administrator of the estate, the man's mother filed suit alleging that the officers had used excessive force. When the jury returned a verdict in favor of the officers, she appealed pro se. Dismissing her appeal on grounds that she had filed it without counsel, the Third Circuit held that a non-attorney who is not a beneficiary of an estate may not conduct a case pro se on behalf of the estate.




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Levins v. Healthcare Revenue Recovery Group LLC

(United States Third Circuit) - Reinstated a claim that a debt collector violated the Fair Debt Collection Practices Act by leaving telephone voice messages that did not use its true name. The plaintiffs filed a class-action complaint alleging that the debt collector left pre-recorded messages on their phone that did not state the caller's correct name. Reversing the district court, the Third Circuit held that they stated a plausible claim for relief under the statute's true-name provision, though the panel affirmed the dismissal of their other causes of action.




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US v. Mayo

(United States Third Circuit) - Held that a prisoner was entitled to habeas relief in the wake of the Supreme Court's 2015 decision invalidating a provision of the Armed Career Criminal Act. The defendant, who was convicted of being a felon in possession of a firearm, argued that his previous crimes were not violent felonies in light of Johnson v. U.S. and therefore his enhanced sentence was now unconstitutional. On appeal, the Third Circuit agreed that at least one of the predicate offenses (Pennsylvania aggravated assault) was not a violent felony, and therefore vacated the district court's order and remanded the case for resentencing.




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Tanksley v. Daniels

(United States Third Circuit) - Affirmed the dismissal of a TV producer's complaint alleging that the popular Fox Television series Empire infringed his copyright in a television pilot he had created a decade earlier. Moving to dismiss, the defendants contended that there was no substantial similarity between the two television shows. Agreeing, the Third Circuit affirmed the dismissal of the complaint.




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Conard v. Pennsylvania State Police

(United States Third Circuit) - Reinstated a former 911 dispatcher's claim that her former supervisors gave false, defamatory job references to her prospective employers to retaliate against her for her previous employment complaints, in violation of her constitutional rights. The dispatcher claimed that undeserved negative references had prevented her from obtaining other employment. Reversing the dismissal of her complaint, the Third Circuit held that she adequately pleaded a First Amendment retaliation claim.




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Hayes v. Harvey

(United States Third Circuit) - Reinstated a lawsuit brought by a family receiving governmental housing assistance seeking to enjoin their landlord from evicting them. The landlord argued that he was permitted to evict a family that received enhanced vouchers from the federal government once their lease expired. Rejecting the landlord's position, the Third Circuit held en banc that enhanced voucher holders may not be evicted absent good cause, even at the end of a lease term. The panel reversed summary judgment for the landlord and remanded.




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Delaware Riverkeeper Network v. Pennsylvania Department of Environmental Protection

(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.




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Tima v. Attorney General of the US

(United States Third Circuit) - Denied an alien's petition for review of a decision ordering him removed from the United States. The Board of Immigration Appeals had ruled that the citizen of Cameroon, who entered the U.S. on a student visa in 1989, was ineligible for waiver of removal because his felony conviction of making false statements about a sham marriage constituted a crime involving moral turpitude. On appeal, the Third Circuit agreed that the man was not eligible for a fraud waiver, and thus denied his petition for review.




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Lupu v. Loan City LLC

(United States Third Circuit) - Held that a real estate title insurer had a duty to defend the insured party (here the successor to a lender) against certain claims of the borrower/mortgagor. The title insurer disputed that it had a duty to defend. Applying Pennsylvania law, the Third Circuit held that a duty to defend existed under the facts, but only as to certain of the borrower's claims.




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Trinity Industries Inc. v. Greenlease Holding Co.

(United States Third Circuit) - Vacated a ruling allocating the costs of cleaning up a contaminated manufacturing site. A successor company brought a contribution action against its predecessor company seeking to recover the costs it had incurred when government regulators forced it to remediate the site. The district court arrived at a percentage method of splitting the costs between the two companies, but on appeal the Third Circuit reversed and remanded for further proceedings.




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Clemens v. New York Central Mutual Fire Insurance Co.

(United States Third Circuit) - Held that it was not an abuse of discretion to deny a fee petition in its entirety when the amount requested was outrageously excessive. The Third Circuit formally endorsed the view that where a fee-shifting statute provides a court discretion to award attorney fees, such discretion includes the ability to deny a fee request altogether when, under the circumstances, the amount requested is outrageously excessive. The panel thus affirmed the denial of a fee award to a prevailing plaintiff in an insurance bad faith case.




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In re Energy Future Holdings Corp.

(United States Third Circuit) - Held that a company that entered into an unconsummated merger agreement was not entitled to payment of a $275 million termination fee. The proposed merger had been approved by a bankruptcy court because one of the parties was in Chapter 11 bankruptcy. The Third Circuit held that the bankruptcy court did not err in narrowing the circumstances under which the termination fee would be triggered, resulting ultimately in no fee being paid.




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In re Sino Clean Energy, Inc.

(United States Ninth Circuit) - Held that former board members of a corporation lacked corporate authority when they filed a Chapter 11 bankruptcy petition. The board members argued that they had the proper authority to file the bankruptcy petition even though a receiver appointed by a state court already had removed them from the board of directors. Rejecting their argument, the Ninth Circuit affirmed dismissal of the bankruptcy petition.




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In re Energy Future Holdings Corp.

(United States Third Circuit) - Held that a company that entered into an unconsummated merger agreement was not entitled to payment of a $275 million termination fee. The proposed merger had been approved by a bankruptcy court because one of the parties was in Chapter 11 bankruptcy. The Third Circuit held that the bankruptcy court did not err in narrowing the circumstances under which the termination fee would be triggered, resulting ultimately in no fee being paid.




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Wilson v. Rigby

(United States Ninth Circuit) - Held that a Chapter 7 debtor was not allowed to amend a bankruptcy schedule to reflect a post-petition increase in the value of property that was the subject of a homestead exemption under Washington law. Affirmed.




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In re City of Stockton

(United States Ninth Circuit) - In a case involving the City of Stockton's municipal bankruptcy, dismissed an appeal filed by a person who objected to confirmation of the city's Chapter 9 plan. Held that his appeal was equitably moot. Also held that his claims failed on the merits.




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Easley v. Collection Service of Nevada

(United States Ninth Circuit) - Held that a bankruptcy debtor who sought damages for willful violation of the automatic stay was entitled to attorney fees on appeal. When an appeal is necessary to secure such damages, appellate attorney fees and costs should also be granted to a successful debtor, regardless of which party brings the appeal. Reversed the district court's order.




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Sturm v. Moyer

(California Court of Appeal) - In a case where a creditor sought to collect a judgment, held that California's Uniform Voidable Transactions Act may apply to a fraudulent agreement between spouses to prevent collection of the debt. The debtor's premarital agreement here said that each spouse's earnings and other property acquired during marriage would not become community property.




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Trinity 83 Development LLC v. ColFin Midwest Funding LLC

(United States Seventh Circuit) - Rejected a mootness argument in a dispute between an insolvent borrower and the holder of a mortgage note. Overruled In re River West Plaza-Chicago LLC, 664 F.3d 668 (7th Cir. 2011), holding that 11 U.S.C. section 363(m) does not make any dispute moot or prevent a bankruptcy court from deciding what shall be done with the proceeds of a sale or lease.




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Fishback Nursery, Inc. v. PNC Bank

(United States Fifth Circuit) - In a lien contest among creditors of a bankrupt commercial farm, held that a bank's lien outranked the agricultural liens of nurseries that sold the farm trees and shrubs. Affirmed a summary judgment ruling.




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Garvin v. Cook Investments NW, SPNWY, LLC

(United States Ninth Circuit) - Affirmed a real estate business's Chapter 11 reorganization plan. Held that the plan was lawfully proposed even though a lessee illegally grew marijuana. Rejected a challenge brought by the United States Trustee.




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In re Riley

(United States Fifth Circuit) - Held that a Chapter 13 debtor's attorneys were not entitled to be reimbursed for advancing the costs of filing fees, credit counseling fees and credit report fees. Affirmed the bankruptcy court, in this case involving a federal judicial district's "no-look fee" standing order.




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Mission Product Holdings, Inc. v. Tempnology, LLC

(United States Supreme Court) - Held that a bankrupt company's rejection of a trademark licensing agreement did not deprive its licensee of the rights to use the trademark. The U.S. Supreme Court interpreted Section 365 of the Bankruptcy Code, which enables a debtor to reject any executory contract, meaning a contract that neither party has finished performing. Justice Kagan delivered the opinion of the 8-1 Court.




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In re Linn Energy, L.L.C.

(United States Fifth Circuit) - Held that an energy company's Chapter 11 bankruptcy plan did not entitle a class of lenders to $30 million in post-petition default interest. Affirmed the rulings below.




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In Re: Devan Dennis and Tyeane Halbert

(United States Seventh Circuit) - Affirmed. The Illinois Child Care Assistance Program could not collect overpayments made to debtors under the Supplemental Nutrition Assistance Program who filed for bankruptcy.




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Fox v. Hathaway

(United States Seventh Circuit) - Affirmed. A bankruptcy judge did not commit clear error in finding that a trustee’s distributions to a third party while the company was insolvent were gratuitous, and there was no reason to overturn the imposition of discovery sanctions against the trustee.




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Nabors Offshore Corporation v. Whistler Energy II

(United States Fifth Circuit) - Reversed, vacated, and remanded. Holding that a creditor can establish that its expenses are attributable to the actions of the bankruptcy estate through evidence of either a direct request from the debtor-in-possession or other inducement via the knowing and voluntary post-petition acceptance of desired goods or services.




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Port of Corpus Christi Auth. v. Sherwin Alumina Company

(United States Fifth Circuit) - Affirmed. The bankruptcy court's rejection of a Texas Port Authority's claims of sovereign immunity and fraud in their gambit to invalidate a bankruptcy sale that extinguished an easement they held was affirmed because there was no Eleventh Amendment violation or basis to claim fraud.




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Double Eagle Energy Services v. MarkWest Utica EMG

(United States Fifth Circuit) - Vacated and remanded. Subject matter jurisdiction is determined when the federal court's jurisdiction is first invoked, so although subsequent changes eliminated the basis for jurisdiction the propriety at the time of filing supported the continuation of the case.





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Rockies players ready for spring training 2.0, but when and where remain unclear

Rockies all-star shortstop Trevor Story pays close attention to the reports about baseball's possible return in the midst of the coronavirus pandemic.




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You might need reservations to drive to Maroon Bells this summer with shuttle service “not an option”

With concerns about COVID-19 in mind, the U.S. Forest Service is thinking about swapping public transportation for limited vehicle entry.




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Jon Gray, Rockies edge Reds in MLB The Show 20

With the start of the Major League Baseball season postponed due to the coronavirus pandemic, we here at The Denver Post took a look at how the Rockies would fare in MLB The Show 20 on PlayStation 4. We will have a story for every game that had been scheduled until real-life baseball returns. Here’s a look at the virtual Rockies’ preseason preview. Entering Friday's game, the Rockies were 24-12.




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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 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’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.