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City of Spokane v. Federal National Mortgage Association

(United States Ninth Circuit) - In this case, the district court's judgment in favor of defendants Federal National Mortgage Association and Federal Home Loan Mortgage Corporation, finding them statutorily exempt from state and local taxation of real property transfers and finding that Congress had the constitutional authority to exempt defendants from such taxation, is affirmed, where: 1) the transfer taxes at issue here are excise taxes, and the statutory carve-outs allowing for taxation of real property encompass only property taxes, not excise taxes; 2) because Congress had power under the Commerce Clause to regulate the secondary mortgage market, it had power under the Necessary and Proper Clause to ensure the preservation of defendant organizations by exempting them from state and local taxes; and 3) the exemptions do not violate the Tenth Amendment.




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Gaylor v. Peecher

(United States Seventh Circuit) - Upheld an Internal Revenue Code provision that excludes housing allowances from ministers' taxable federal income. An advocacy group contended that the tax provision violates the First Amendment's Establishment Clause. Disagreeing, the Seventh Circuit held that the longstanding tax code exemption for religious housing is constitutional, reversing the district court.




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Garcia v. Salvation Army

(United States Ninth Circuit) - Held that an employee of the Salvation Army could not proceed with her claims for retaliation and hostile work environment, because Title VII's religious organization exemption barred the claims. Also, it did not matter here that the Salvation Army had failed to timely raise the defense. Affirmed a summary judgment ruling.



  • Civil Rights
  • Tax-exempt Organizations
  • Labor & Employment Law

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McRO, Inc. v. Bandai Namco Games Am. Inc.

(United States Federal Circuit) - In an infringement action involving patents that relate to automating part of a preexisting 3-D animation method, the District Court's grant of judgment on the pleadings under Fed. R. Civ. P. 12(c) that the asserted claims of the patent are invalid, is reversed where the ordered combination of claimed steps, using unconventional rules that relate sub-sequences of phonemes, timings, and morph weight sets, is not directed to an abstract idea and is therefore patent-eligible subject matter under 35 U.S.C. section 101.




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GAMCO v. Vivendi

(United States Second Circuit) - In a securities fraud case arising from the same set of underlying facts as those in re Vivendi S.A. Securities Litigation, brought by so-called 'value investors' against a French entertainment company, the District Court's judgment for defendant is affirmed where defendants had rebutted the fraud‐on‐the‐market presumption of reliance invoked by the Plaintiffs as part of their claim under section 10(b) of the Securities Exchange Act of 1934, 15 U.S.C. section 78j(b).




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Oakville Hills Cellar, Inc. v. Georgallis Holdings, LLC

(United States Federal Circuit) - In a vineyard-plaintiff's appeal of a decision of the United States Patent and Trademark Office (PTO) Trademark Trial and Appeal Board dismissing its opposition to an application filed by defendant to register a MAYARI mark for use on wine, the Board's decision is affirmed where substantial evidence supports the Board's finding that plaintiff's registered mark MAYA and defendant's applied-for mark MAYARI are sufficiently dissimilar.




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Grayson O Co. v. Agadir Int'l LLC

(United States Fourth Circuit) - In a trademark and unfair competition action brought by a haircare product manufacturer and holder of a registered trademark against a competitor haircare product manufacturer, the district court's grant of summary judgment in favor of defendant is affirmed where plaintiff failed to show the marks were likely to be confused.




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Washington State Dept. of Licensing v. Cougar Den, Inc.

(United States Supreme Court) - This case involved the State of Washington's tax on fuel importers who travel by public highway. The Yakama Nation contended that its 1855 treaty with the United States forbids that tax from being imposed upon fuel importers who are tribal members. The U.S. Supreme Court agreed with the tribe. Justice Breyer's plurality opinion was joined by only two other justices. Justices Gorsuch and Ginsburg concurred in the judgment.




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Frank v. Gaos

(United States Supreme Court) - Remanded a class action settlement case for the courts below to address the named plaintiffs' standing to sue, in light of Spokeo Inc. v. Robins, 578 U.S. __ (2016). Issued a per curiam opinion, in this consumer suit against an internet company.




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Taggart v. Lorenzen

(United States Supreme Court) - Clarified the circumstances in which a court may hold a creditor in civil contempt for attempting to collect a debt that a bankruptcy discharge order has immunized from collection. Held that there should be "no fair ground of doubt" that the order barred the creditor's conduct. Justice Breyer delivered the opinion for a unanimous Court.




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Virginia House of Delegates v. Bethune-Hill

(United States Supreme Court) - In a case alleging racial gerrymandering, held that the Virginia House of Delegates lacked standing to appeal the invalidation of Virginia's 2010 redistricting plan. As a single chamber of a bicameral legislature, the House had no standing to appeal a three-judge federal district court's redistricting ruling separately from the State of which it is a part. Justice Ginsburg delivered the opinion of the 5-4 Court, joined by Justices Thomas, Sotomayor, Kagan and Gorsuch.




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Gamble v. US

(United States Supreme Court) - On an issue relating to the U.S. Constitution's Double Jeopardy Clause, upheld the dual-sovereignty doctrine. A man who was convicted by Alabama for possessing a firearm as a felon insisted that it would be double jeopardy to prosecute him for the same conduct under federal felon-in-possession law. However, the U.S. Supreme Court disagreed, declining to overrule the longstanding dual-sovereignty doctrine. Justice Alito delivered the opinion of the 7-2 Court.



  • Criminal Law & Procedure

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Luna-Garcia v. Barr

(United States Fifth Circuit) - Petition for review denied. An in absentia order of removal could not be overturned because it was not capricious, without foundation in the evidence, or otherwise so irrational it was arbitrary.




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Flores-Vega v. Barr

(United States Ninth Circuit) - Petition for review denied. Defendant's conviction for “strangulation” was categorically a crime of violence making him removable and ineligible for asylum; substantial evidence supported the Board of Immigration’s denial of withholding of removal and relief.




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Zuniga v. Barr

(United States Ninth Circuit) - Remanded. Finding that non-citizens subject to expedited removal under 8 USC Section 1228 have a statutory right to counsel in reasonable fear proceedings, the immigration judge deprived Zuniga of his right to counsel by failing to obtain a knowing and voluntary waiver of that right.




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Ca’Longa – la vecchia Milano in Piero della Francesca | Milano da Vedere




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Top Design Books: “Studio Gang Architecture” (2020) | Boomers Daily

#architektura #architekt #dom #design




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best-gaming-desks.jpg (736×508)




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Vegan Banana Bread - Beaming Baker

1 ¾ cups + 2 tablespoons gluten free oat flour 1 teaspoon baking powder ½ teaspoon baking soda ¼ teaspoon salt 1 cup + 2 tablespoons mashed, very ripe bananas (about 3 medium bananas) ¼ cup melted coconut oil ¼ cup pure maple syrup 1 flax egg (1 tablespoon golden ground flaxseed + 3 tablespoons water, whisk together, set for 15 mins) 1 teaspoon pure vanilla extract 1 cup add-ins of your choice – walnuts, chocolate chips, chopped dried fruit




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Criticidades» Archivo del BlogValor y negación del Nirvana. Sin fase uno. - Criticidades

via Criticidades https://ift.tt/1RabwUr




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(500) https://www.washingtonpost.com/local/legal-issues/justice-dept-moves-to-void-michael-flynns-conviction-in-muellers-russia-probe/2020/05/07/9bd7885e-679d-11ea-b313-df458622c2cc_story.html

RT @mrbromwich: I have been in and around DOJ since 1983. I have never seen a case dropped after someone has pled guilty and the underlying facts demonstrate beyond any shadow of a doubt he is guilty. This is simply a pardon by another name. A black day in DOJ history.




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Russia Investigation Transcripts and Documents | Permanent Select Committee on Intelligence




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Making Emacs popular again [LWN.net]




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willmcgugan/rich: Rich is a Python library for rich text and beautiful formatting in the terminal.




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The agonizing story of Tara Reade and her sexual assault allegation against Joe Biden - Vox




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European Tour suspends ticket sales for 2020, postpones Garcia's event




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Tour cancels 4 more events, PGA Championship postponed




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CEO 'fully prepared' for PGA Championship to be played without fans




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PGA exploring 'virtual fan experience' for possible spectator-free Ryder Cup




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US v. Begay

(United States Ninth Circuit) - Affirmed in part, reversed in part. Defendant’s conviction for second-degree murder affirmed. However, because second-degree murder can be committed recklessly, it does not categorically constitute a “crime of violence.” Therefore, the conviction of discharging a firearm during a crime of violence is reversed.



  • Criminal Law & Procedure

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German government delays Bundesliga return




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FC Koln squad tests negative for COVID-19 following 3 positive cases




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Bundesliga season to resume May 16




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NEWTON v. MORGANTOWN MACHINE HYDRAULICS OF WEST VIRGINIA INC

(WV Supreme Court of Appeals) - No. 18-0653




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‘Nightmare’ rat run boom gate trashed

MOSMAN Council will replace a trashed boom gate near a “nightmare” rat run after a second illegal extension was installed and the entire boom broken.




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Bundesliga allowed to resume play in mid-May




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Bundesliga title odds: Can anyone catch Bayern?




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Bundesliga relegation odds: Who's headed down?




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Ganek v. Leibowitz

(United States Second Circuit) - In a Bivens action, brought against defendant FBI agents and federal prosecutors for alleged constitutional violations in searching plaintiff investment fund owner's Manhattan offices, the district court's denial of qualified immunity is reversed where a corrected search warrant affidavit would have supported probable cause, the corrected warrant would have issued, and plaintiff cannot plead defendants' actions caused him preventable constitutional harm.




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US v. Garcia De Nieto

(United States Fifth Circuit) - Affirmed a woman's convictions arising out of an identity theft scheme that she conducted from her home in Mexico.



  • White Collar Crime
  • Criminal Law & Procedure

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People v. Astorga-Lider

(California Court of Appeal) - Affirmed an order declaring a deed of trust void, in a case where a woman pleaded guilty to grand theft for encumbering a married couple's real property with a fraudulent deed of trust.



  • White Collar Crime
  • Property Law & Real Estate
  • Criminal Law & Procedure

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Calgary's public-event ban until June 30 includes NHL, CFL games




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Aerobics ace Carissa Uno reaches new heights in Las Vegas

WHAT happens in Vegas typically stays in Vegas, but Carissa Uno will take everything she learned at a gymnastics tournament in Sin City to inspire her to greater heights.




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Thunder’s Rizwan puts his stamp on the game

FROM being unwanted by Australia due to visa issues, Ali Rizwan is now a much wanted member for the Sydney Thunder Nation Cup All-Stars and has even been invited to bowl to international teams at net practices.




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Wanderers hold firm against Wellington

The Wanderers won’t be relaxing after a draw against the Wellington Phoenix with their sights now set on Brisbane Roar.




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Warringah aim high for season

SATURDAY marks the start of another Sydney Shires season – and Warringah are gunning for the top four.




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Warringah hope who dares wins

A BOLD declaration by Warringah skipper Matt Butcher has his team in the box seat to secure first-innings points on Saturday.




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In the Matter of Peter J. Galasso

(Court of Appeals of New York) - In disciplinary proceeding against an attorney for various misconduct, including allegations that he failed to properly supervise the firm's bookkeeper resulting in misappropriation of client funds and that he breached his fiduciary duty by failing to safeguard those funds, the order of the Appellate Division is modified to dismiss the charge for failing to timely comply with the Grievance Committee's lawful demands for information where the imposition of this separate charge is unsupported by the record.




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Grogan v. Blooming Grove Volunteer Ambulance Corps

(United States Second Circuit) - In this civil rights suit brought pursuant to 42 U.S.C. section 1983, in which plaintiff alleges that defendant volunteer ambulance corps and several of its directors violated her First and Fourteenth Amendment rights by levying disciplinary charges against her without a hearing, summary judgment in favor of defendants and dismissal of plaintiff's federal constitutional claims is affirmed, where: 1) emergency medical care and general ambulance services are not "traditionally exclusive public functions"; 2) extensive State regulation and oversight does not therefore entwine defendant with the State; and 3) defendant's conduct does not amount to state action.




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Attorney's Process & Investigation Servs., Inc. v. Sac & Fox Tribe of the Miss. in Iowa

(United States Eighth Circuit) - In an action by a company which provides security and consulting services to casino operators, seeking a declaratory judgment that an Indian tribal court lacked jurisdiction and an order compelling arbitration, summary judgment for defendant is affirmed in part where the tribal courts could exercise adjudicatory jurisdiction over the tribe's claims against plaintiff for trespass to land, trespass to chattels, and conversion of tribal trade secrets. However, the judgment is reversed in part where the tribal court did not have jurisdiction under the second Montana exception over the tribe's claim for conversion of tribal funds.