(United States Second Circuit) - Held that a bunker (marine fuel) supplier was not entitled to maritime liens against two chartered vessels to which it had physically provided marine fuel for which it was not paid. Affirmed the district court, in a case raising the question whether subcontractors were entitled to maritime liens.

(United States Second Circuit) - In an international trademark action involving rival claims to the "Stolichnaya" trademarks, the district court's dismissal is vacated in part and affirmed in part where: 1) considerations of international comity precluded the district court from determining that the Russian Federation's assignment of trademark rights to plaintiff was invalid under Russian law and dismissing plaintiff's claims under section 32(1) of the Lanham Act for lack of standing; but 2) plaintiff's remaining claims are barred by res judicata and laches.

(United States Fifth Circuit) - Affirmed. Investors who alleged that Pier 1 Imports was a trend-based fashion retailer with inventory that carried a significant markdown risk they failed to disclose were unable to adequately plead scienter.

(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.

(Supreme Court of Delaware) - In response to four certified questions from a district court relating to Delaware's Escheat Statute, the Supreme Court of Delaware finds: 1) the new definition of "period of dormancy" for stocks in 12 Del. C. section 1198(9) does not apply retroactively in civil actions involving stocks that were escheated prior to June 30, 2008; 2) common law or statutory causes of actions against parties that are involved in an escheat transaction (other than the State of Delaware) are not superseded by the Escheat Statute. Causes of action for negligence, conversion, and "failure to register" might be available if adequately pleaded, but the court is unable to opine on the question of whether a claim for breach of fiduciary duty or "some other cause of action" is viable against defendants; 3) only the immunity granted by 12 Del. C. section 1203(b) applies in this case involving escheatment of stock; and 4) "Good faith" under 12 Del. C. section 1203(b) is an affirmative defense, the substantive elements of which must be pleaded and proved by the defendant that claims immunity.

(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.

(California Court of Appeal) - Affirmed. Plaintiff sued Defendant for a slip and fall accident in the BART station on the theory that the train operator owed a heightened duty of care under Civil Code section 2100. The trial court dismissed the action on the grounds that Defendant had no liability for accidents that did not occur on the train. The appeals court agreed also holding that section 2100 does not apply to minor commonplace hazards in a train station.

(United States Federal Circuit) - Affirming the district court's determination that patents relating to aspects of the production of an antibiotic compound were obvious implementations of disclosures made in other patents that would constitute nothing more than the routine way a skilled artisan would apply the patent's teachings.

(United States Federal Circuit) - Affirming the district court's finding of noninfringement and remanding to determine whether the on-sale bar applies in a case relating to an anti-coagulant drug because a different production method was distinguished from the patented method and a patent is invalid if the product was offered for sale and ready for patenting prior to the filing of the application.

(United States Ninth Circuit) - Affirming the district court's judgment for the defense in a diversity action brought by doctors alleging claims arising from their assignment of patents to the company that it failed to develop into FDA-approved drugs because the jury instructions were not improper and the verdict wasn't against the clear weight of the evidence.

(United States Third Circuit) - Affirming a Tax Court determination that royalties paid on technology license agreements should be treated as ordinary income rather than as capital gains in the case of a pharmaceutical scientist raking it in on liquisolid technologies hoping to avoid paying a significant tax bill.

(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.

Afghan farmers claim to have “no other choice” but to illegally grow poppies – a lucrative opium crop that fuels the country’s Taliban terror group – amid the economic downturn caused by the Chinese coronavirus pandemic, Radio Free Europe/Radio Liberty (RFE/RL) 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 Ninth Circuit) - Revived a lawsuit alleging that Domino's Pizza's website and mobile application were not fully accessible to blind or visually impaired persons. The plaintiff, a blind man, alleged that he had no way to order pizzas or other food online. Reversed the dismissal of his claims under the Americans with Disabilities Act and California law.

Finnish Alt-rock Five-piece Planet Case Are Ready To Unveil Their Debut EP ‘Simple Thoughts’, Out On 24th May Via Up And Coming Finnish Label Soit Se Silti.

(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.

“Somewhere There Forever” Ft. Dale Bozzio By Laura Espinoza And Lunden Reign

(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.

(Supreme Court of California) - Remanded. The Plaintiff purchased an insurance policy from Defendant that covered pollution conditions. The policy required notice of any pollution condition and written consent before incurring obligations. Defendant denied coverage for pollution conditions that were found at a dormitory construction site because the policy notice and consent provisions were violated. The Court held that the notice-prejudice rule, which allows insureds to proceed against their insurer even if notice is late as long as it does not substantially prejudice the insurer, is a fundamental public policy of California and applies to consent provisions in first-party liability coverage and not third-party coverage. Remanded to the Ninth Circuit to determine type of policy involved.

Halo On The Radio Will Broadcast For Three Hours, Seven Days A Week.

(Supreme Court of California) - Remanded. The Plaintiff purchased an insurance policy from Defendant that covered pollution conditions. The policy required notice of any pollution condition and written consent before incurring obligations. Defendant denied coverage for pollution conditions that were found at a dormitory construction site because the policy notice and consent provisions were violated. The Court held that the notice-prejudice rule, which allows insureds to proceed against their insurer even if notice is late as long as it does not substantially prejudice the insurer, is a fundamental public policy of California and applies to consent provisions in first-party liability coverage and not third-party coverage. Remanded to the Ninth Circuit to determine type of policy involved.

The Department of Marine & Ports Services has released the weekly shipping schedule for ship arrivals commencing on Saturday May 9th. On Sunday...

(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.

Prayer and a ministry of presence can make an eternal difference.

My grandmother died ten days ago. She was 88 years old. By all accounts she had lived a colorful life, with three husbands, three children, six grandchildren, and seven great-grandchildren. She routinely stated her intention to live another decade. Even though her body was failing her through arthritis and muscle loss, she hadn’t lost her desire to live, to see those great-grandchildren grow up, to enjoy the daffodils in April. But when she was diagnosed with colon cancer in early January and decided not to put herself through surgery, she knew her days were numbered, and she started to prepare to die.

Much has been written of late about the problems with end-of-life care in America. In an earlier post (Have Christians Made an Idol of Life?) I wrote about Ezekiel Emanuel’s argument that Americans should aspire to die around age 75. For many Americans, the final years are a series of financially debilitating medical decisions that—more importantly—result in suffering for patient and family members alike. Many studies have shown that doctors aren’t well-equipped to talk about death with patients, and often physicians suggest further treatments even when they know it will not serve the patient well. For the alleviation of physical suffering and financial burden, a national conversation about health care and end-of-life care has begun. (See, for instance Dying Shouldn’t Be So Brutal in the New York Times, The Ultimate End-of-Life Plan in the Wall Street Journal, and More on Faith and Life Care here in Christianity Today.)

In my grandmother’s case, good health insurance, financial plenty, devoted family members, and a daughter who had worked for years as an oncology nurse secured ...

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Cloe Wilder Releases The Music Video For Her New Single.

Today’s CapChat looks at three current issues. 

First, with horse death investigations underway at Santa Anita Park, three more deaths have occurred in recent days. Since December 2018, there have been a total of 42 deaths at the park. California Gov. Gavin Newsom signed a law in June of 2019 allowing the state to suspend horse racing at tracks with dangerous conditions. That has, as yet, not happened at Santa Anita.

Next, in a new pilot program, Uber is giving some of its driving contractors more control by letting them set their own rates. Drivers at the Sacramento, Palm Springs and Santa Barbara airports can increase rates in ten percent increments, with a cap. Depending on results, Uber could expand this to other airports. This is an effort to clarify that Uber drivers are independent, not employees, since the implementation of AB 5 on Jan. 1, 2020.

Third, with the impeachment trial underway in the U.S. Senate, the date of President Donald Trump’s State of the Union somewhat uncertain, Newsom has yet to set a date for his own annual State of the State address. 

Guests

• CapRadio State Government Reporter Scott Rodd

The JIRGA Score Was Nominated ‘Best Music’ In The Film Critics Circle Of Australia Awards (FCCA).

(United States Ninth Circuit) - Held that an arbitrator made an "irrational" decision in a contract dispute between two government contractors. Affirmed the district court's vacatur of the arbitration award, in this case involving contracts to construct buildings and facilities in Afghanistan.

(California Court of Appeal) - Held that a real estate firm could not compel arbitration of a home seller's proposed class action lawsuit. The arbitration clause in his residential listing agreement was unenforceable because there was no proof the broker had initialed it. Affirmed the ruling below.

Although sometimes frowned upon, experience with other Christian traditions may be just what we need right now.

Sometimes, I’m a little embarrassed to be identified as an American Christian because it feels like we fall into one of two camps: either we hate everything that we are not familiar with, or hate everything that we used to like.

A good example of the former is a controversy that recently sprang up at Gordon College, where undergraduates were scandalized at the introduction of a strange and foreign type of worship experience during their chapel services: gospel music. Yes, GOSPEL MUSIC, one of the oldest and richest liturgical traditions in American faith.

Examples of the latter are too numerous to count. The Christian blogosphere and publishing industry are filled with memoirs of people ranting about how terrible their church experience was growing up, and how their current place and style of worship is what Jesus had in mind all along. When cast in this adversarial light, what should have been personal stories of finding one’s home in faith instead read like a harrowing escape from a doomsday cult, and serve as yet another salvo in our nation’s already raging cultural wars.

These two tendencies have unfortunately come to define Christians in this country, that we either despise everything with which we are unfamiliar, or the exact opposite. But personally, I have never had much of a problem with either, and it’s not because I’m all that great of a person – just ask my wife. It’s probably because I have spent so much time in diverse kinds of churches.

I grew up in the Roman Catholic church, and can still remember the cathedral in which Sunday mass took place. The entire building was constructed in a cruciform shape, the main entrance located at the foot of the cross, and ...

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The latest in the presidential race and how the COVID-19 pandemic continues to shape the political landscape. New state and local programs addressing food shortages, and ‘Sunshine Letters’ as a way of supporting hospice patients and their families.

Today on Insight, we check in with essential businesses that are thriving during the pandemic. Sacramento County Health Services director Dr. Peter Bielenson shares his thoughts on reopening and other safety protocols, and at-home pizza kits

David Gilmour is streaming his 2016 film, 'Live At Pompeii', as the fourth and final installment in Pink Floyd's new weekly series

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

A Denver judge ordered that U.S. Senate candidate Michelle Ferrigno Warren must be placed on the June 30 primary ballot, despite falling well short of the Colorado Secretary of State's usual signature requirement.

“Starry Night” Ceilings For Home Theaters, Studios And Businesses Provide Uniquely Aesthetic Acoustic Treatment

Cloe Wilder Releases The Music Video For Her New Single.

Charlotte Figi, the young Colorado Springs girl whose battle with Dravet syndrome inspired changes to medical marijuana laws, has died. She was 13 years old.

How God’s great grace blots out our sin.

In Romans 1:28–32, Paul describes most of human history outside of Jesus. From envy and pride to disobedience and evil, we all struggle with these issues in ways large and small. You might be surprised how much. Take a moment of truth and watch the clip above as we walk through each of the items in Paul’s list and ask where we stand. Like me, you might find that you fit the description, too.

Now let me tell you about the truth that sets us free because Jesus loves us. Because of the atonement, through the shedding of his blood, he covers over our sins. He literally blots out our sins, past, present, and future. Because we are unable to forgive ourselves, God says he is going to forgive us. It is his great grace that transforms lives.

Watch the rest of the sermon here.

Song credit: John Mark McMillan, 2005 Integrity's Hosanna! Music, Integrity Music Inc.

Performed by K.J. Scriven & Gregory Cox

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(United States Ninth Circuit) - Affirmed. Pizzuto’s habeas corpus petition challenged the Idaho Supreme Court’s 2008 decision that his execution was not barred by a state law prohibiting execution of intellectually disabled offenders based on Atkins v. Virginia. Finding the decision did not contradict SCOTUS precedent, the panel affirms.

Vail Resorts marketing chief Kirsten Lynch said there were good and thoughtful reasons the company took six weeks to come up with a plan to mollify Epic Pass holders following the shutdown of its North American resorts due to COVID-19.

Steve Dalkowski, a hard-throwing, wild left-hander whose minor league career inspired the creation of Nuke LaLoosh in the movie “Bull Durham," has died. He was 80.

A Pure, Emotional Delivery Complimented By A Folk Arrangement With Mandolin And Acoustic Guitars, And Sweeping Traditional Country Vocal Harmonies On Her Favorite Dolly Parton Classic!

The Kansas City Singer-songwriter Has Released “Can’t Go Back” From His Critically Acclaimed “Crossing Willow Creek” Album.