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Madrid: The space cadets descended on Colorado’s Capitol this April for a show of exceptionalism

This year, it wasn’t the typical stoner types in all-green that descended on Civic Center Park in April with marijuana leaf flags. It was the star-spangled banners that waved sky high in an intense display of patriotic exceptionalism this past weekend that should have just stayed home.




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Cap Hill hippie haven Sancho’s Broken Arrow cited for violating stay-at-home order

Capitol Hill bar Sancho's Broken Arrow has received a notice from the city requiring it to be vacated immediately and remain empty until the city's stay-at-home order is lifted.




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Guest Commentary: Vaping is a lifeline for me

The first time I smoked a cigarette, I was 14 years old. By the time I was an adult, I was smoking two packs a day. I tried the nicotine patch, gum, and even Chantix, the pharmaceutical drug, to quit smoking cigarettes. None of these worked. I’m embarrassed to say that I even tried hypnosis. It wasn’t until I tried vaping as an adult that I was able to find a solution and quit smoking those dreadful cigarettes. Vaping was so effective, I quit smoking cigarettes in one weekend after 20 years of addictive cigarette smoking. I’m one of the 350,000 Coloradans and one of approximate 13 million responsible adults in America who have used vaping products to quit smoking more harmful cigarettes.




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Kafer: Biden grabs DeGette’s endorsement despite #MeToo allegations

Apparently when you’re rich and powerful “you can do anything… grab them by the (ahem)” and get away with it.  Guess Trump was right about that.




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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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St. Pierre v. Retrieval-Masters Creditors Bureau, Inc.

(United States Third Circuit) - Held that unpaid highway tolls are not the type of debt that can support a claim under the federal Fair Debt Collection Practices Act (FDCPA). A driver who failed to pay tolls on the New Jersey Turnpike because his electronic payment account was in arrears filed a class-action complaint alleging that a debt collection agency used impermissible means to collect the debt. Affirming dismissal of his complaint, the Third Circuit held that highway tolls are a legal obligation in the nature of a tax that falls outside the scope of the FDCPA.




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Cup v. Ampco Pittsburgh Corp.

(United States Third Circuit) - Held that a company could not be compelled to arbitrate a dispute over retiree healthcare benefits. The manufacturing company argued that the dispute over retiree benefits was not arbitrable because there was no provision in the collective-bargaining agreement regarding such benefits, and the memorandum of agreement discussing the matter did not provide for arbitration. Agreeing with the company, the Third Circuit concluded that the district court erred in ordering that the dispute be arbitrated under the Labor Management Relations Act.



  • Labor & Employment Law
  • Health Law
  • Dispute Resolution & Arbitration

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In re Picard

(United States Second Circuit) - Held that a bankruptcy trustee may attempt to obtain property that Bernard Madoff's investment firm transferred to foreign entities that subsequently transferred it to other foreign entities. The transferees contended that the Bankruptcy Code's provisions did not extend extraterritorially in this manner. Disagreeing, the Second Circuit held that neither the presumption against extraterritoriality nor international comity principles barred the trustee from recovering in these consolidated actions. The panel vacated the bankruptcy court judgments and remanded.




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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 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.





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At The Opera, Tchaikovsky's Pique Dame - The Queen of Spades, April 4, 2020

Tune in at 8pm to her Tchaikovsky's Pique Dame (The Queen of Spades) staring Mirella Freni and Vladimir Atlantov.




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Children's Hospital of the King's Daughters, Inc. v. Azar

(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.




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Berkley v. Mountain Valley Pipeline, LLC

(United States Fourth Circuit) - Affirmed that the district court lacked subject-matter jurisdiction over a constitutional challenge to the Natural Gas Act. Landowners along the path of a proposed natural gas pipeline brought this action disputing the constitutionality of various provisions of the Natural Gas Act. Agreeing with the district court, the Fourth Circuit held that the suit must be dismissed for lack of subject-matter jurisdiction on the grounds that the landowners ought to have brought their claims through the agency review process laid out in the Natural Gas Act.



  • Oil and Gas Law
  • Property Law & Real Estate

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Henderson v. Bluefield Hospital Co., LLC

(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.



  • Labor & Employment Law



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Award Winning Artist Kathryn Shipley Wins Gospel/Inspirational Artist Of The Year

Kathryn Shipley Is Excited To Announce That She Has Won Gospel/Inspirational Artist Of The Year At The 2019 Josie Music Awards. The Josie Music Awards Is One Of The Largest Independent Awards Shows.




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PISTELLO v. BOARD OF EDUCATION OF CANASTOTA CENTRAL SCHOOL DISTRICT

(US 2nd Circuit) - 19-1058-cv




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New Single Dolly Parton's "I Will Always Love You" By Annemarie Picerno On Bongo Boy Records

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!





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Connecticut Fine Wine and Spirits LLC v. Seagull

(United States Second Circuit) - Affirmed. Various Connecticut Liqour Control Act and related regulations were hybrid restraints on trade but the plaintiff failed to plead facts that they constitute per se violations of the Sherman Act.




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4 Pillar Dynasty LLC v. New York & Co., Inc.

(United States Second Circuit) - Affirmed in part, vacated and remanded in part. Finding no clear error in the district court’s determination that Defendant’s trademark infringement was willful, the award of gross profits was proper. However, the question of attorney’s fees and pre-judgement interest is remanded for further proceedings.




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Puma Unveils Drum Machine Inspired Sneaker

Legendary Roland 808 Drum Machine Inspires New PUMA Sneaker Style




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In Re Lipitor Antitrust Litigation

(United States Third Circuit) - Reversing the District Court dismissal of complaints in litigation that alleged Lipitor's fraudulent patent procurement and other misconduct because the allegations were plausible, and reversing the dismissal of allegations in Effexor litigation because it was plausible that the companies holding the pharmaceutical patents and generic manufacturers entered into reverse payment settlement agreements that subjected them to antitrust scrutiny.



  • Patent
  • Antitrust & Trade Regulation

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Empire Merchants LLC v. Reliable Churchill LLLP

(United States Second Circuit) - Affirmed the dismissal of a liquor distributor's claim under the RICO statute against other liquor distributors. The New York metropolitan area's exclusive distributor for many leading brands of liquor brought this suit alleging that two of Maryland's largest liquor distributors were smuggling liquor into New York, cutting into its sales. The district court dismissed the case because the smuggling operation, as alleged, did not directly cause the plaintiff to lose sales, and therefore the plaintiff did not adequately allege proximate cause under RICO. Agreeing, the Second Circuit affirmed.




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Federal Trade Commission v. AMG Capital Management, LLC

(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.



  • Consumer Protection Law
  • Banking Law
  • Antitrust & Trade Regulation

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Harmoni International Spice, Inc. v. Hume

(United States Ninth Circuit) - Revived a RICO lawsuit brought by importers of garlic who alleged that rival importers had conspired to harm their businesses. Reversed a dismissal in relevant part and remanded.




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Connecticut Fine Wine and Spirits LLC v. Seagull

(United States Second Circuit) - Held that Connecticut law governing liquor pricing is not preempted by federal antitrust law. Affirmed the dismissal of a liquor retailer's complaint, which challenged certain provisions of Connecticut's Liquor Control Act and related regulations.



  • Antitrust & Trade Regulation

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WORLDS FIRST POETRY OLYMPICS LAUNCHES ONLINE IN AUGUST 2018

The Poetry Olympics Is A Brand-New Initiative Created To Encourage, Inspire And Empower Writers Of Every Style And On Every Level.





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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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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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Kafer: Biden grabs DeGette’s endorsement despite #MeToo allegations

Apparently when you’re rich and powerful “you can do anything… grab them by the (ahem)” and get away with it.  Guess Trump was right about that.





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Kiszla: Jeudy! Jeudy! Jeudy! Broncos get lucky, make Grade A pick and land best receiver in NFL draft.

Not to suggest the Broncos and John Elway got lucky with the 15th pick in the NFL draft, but when Denver was on the clock, any Goober could’ve screamed the obvious choice:




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Rev. Terrence “Big T” Hughes released from VA hospital after long COVID-19 battle

Rachel Hughes was thrilled Wednesday at the prospect of touching her husband, Rev. Terrence “Big T” Hughes, when they were briefly united on his release from the hospital where he’s battled COVID-19 for almost two months. “I was grateful he is alive and I could touch him, I didn’t know if I could touch him, […]




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Keeler: Brian Mullan, ex-Rapids midfielder, now battling coronavirus on the front lines

A toast to Brian Mullan. To Grandma Betty. To the nurses who selflessly, thanklessly, not only keep pulling their weight over the line. But ours, too.




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Keeler: With Tom Brady and Big Ben on the docket for the Broncos’ September, Drew Lock needs to pick up where he left off

No sooner had Broncos coach Vic Fangio walked over to the deep end of the pool when NFL Commissioner Roger Goodell ran over, unseen, and shoved him straight into the water.





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Dathan Ritzenhein, 3-time Olympic runner and CU Buffs standout, announces retirement

Distance runner Dathan Ritzenhein announced his retirement Thursday, closing a career during which he made three Olympic appearances and also was one of the first to question the methods being used by his coach, Alberto Salazar, who is serving a four-year doping suspension.




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Their wrestling tournament canceled by COVID-19, Broomfield family starts “helping” by producing face masks

Xtreme Pro Apparel, a sports attire company based in Broomfield, specializes in producing anti-microbial fabric necessary for wrestling singlets to combat skin disease. Now it will make face masks to assist in combating the coronavirus.





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Tokyo Olympics: Signs suggest summer dates for 2021 Olympics

Tokyo Olympic organizers seem to be leaning away from starting the rescheduled games in the spring of 2021. More and more the signs point toward the summer of 2021.




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Tokyo’s coronavirus infection spike after Olympic delay sparks questions

Before the Olympics were postponed, Japan looked like it had coronavirus infections contained, even as they spread in neighboring countries. Now that the games have been pushed to next year, Tokyo’s cases are spiking, and the city's governor is requesting that people stay home, even hinting at a possible lockdown.




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Tokyo Olympics rescheduled for July 23-Aug. 8 in 2021

The Tokyo Olympics will open next year in the same time slot scheduled for this year's games.




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Athletes already qualified for Tokyo Olympic Games get to keep spots in 2021

About 6,500 athletes who already have earned their spots for the Tokyo Games are in for 2021 under redrawn qualifying regulations published Tuesday by the International Olympic Committee.




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Kiszla: Shaken by coronavirus scare in his family, Olympic great Edwin Moses uncertain Tokyo will be safe to host Summer Games in 2021

Hunkered down in Georgia, certain his tomato plants will reach for the sun as the invisible fog of coronavirus begins to recede, Edwin Moses feels blessed. Tilling the red clay of a vegetable garden, Moses is safe at home, a 64-year-old legend filled with gratitude for health as solid as Olympic gold. The greatest hurdler […]




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Tokyo Olympic CEO hints games could be in doubt even in 2021

As the coronavirus spreads in Japan, the chief executive of the Tokyo Games said Friday he can’t guarantee the postponed Olympics will be staged next year -- even with the long delay.




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Kiszla: Is it a curse? Coronavirus, boycott, war and stuff that shatters Olympic dreams every 40 years.

If the planet's biggest sporting event isn't immune to worldwide strife, why should we be shocked COVID-19 could also wipe out the NBA playoffs or the entire major-league baseball season in 2020?