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Mick Martin's Blues Party, April 25, 2020




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Mick Martin's Blues Party, May 2, 2020




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Charity Scam - YANG SEA FOOD LTD

A woman from Cambodia who is dying scam you.




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Charity Scam - Further Information :

A response from Fang Wengen, the lawyer of Mrs Yang Huiyan




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Charity Scam - From Mrs Sulak

Mrs Sulak is dying, but she will always stay alive, long enough for someone to reply. That's 419 scam law!




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High Priority Package Delivery Scam - Delivery Notification

Rosa Daniel wants you to come to Rome to pick up a high priority package.




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Charity Scam - YOUR DONATION FUND(REPLY)

Margaret Loughrey wants to give you some of her winnings... not really... 419 scammers are piggybacking on her story, which is already OLD news.




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Berkeley Hills Watershed Coalition v. City of Berkeley

(California Court of Appeal) - Held that a neighborhood organization could not stop the construction of three new single-family homes in a certain location, despite alleged violations of zoning and environmental laws. Affirmed the denial of a writ petition.




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Save Lafayette Trees v. City of Lafayette

(California Court of Appeal) - In an amended opinion, revived a citizen group's claim that a city violated the California Environmental Quality Act when it authorized a utility company to remove numerous trees within its local natural gas pipeline rights-of-way. Reversed a demurrer ruling, in relevant part.




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Fudge v. City of Laguna Beach

(California Court of Appeal) - Affirmed a mootness ruling in a dispute between two neighbors over the proposed demolition of a Laguna Beach house and its replacement with a new three-story residence. The case involved the California Environmental Quality Act and Coastal Commission rules.




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Ione Valley Land, Air, and Water Defense Alliance, LLC v. County of Amador

(California Court of Appeal) - Held that an environmental group could not proceed with its challenge to a county's approval of a private company's plan to build a rock quarry and related facilities. Affirmed the denial of a writ petition.




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South of Market Community Action Network v. City and County of San Francisco

(California Court of Appeal) - Held that citizen groups could not proceed with their challenge to the environmental review conducted for a proposed mixed-use development project in downtown San Francisco. Affirmed the denial of writ relief.




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T-Mobile West LLC v. City and County of San Francisco

(Supreme Court of California) - Upheld a San Francisco ordinance that requires wireless phone service companies to obtain permits and conform with aesthetic guidelines when installing lines and equipment on utility poles. The companies sought a declaratory judgment that the ordinance is inconsistent with state law. However, the California Supreme Court was not persuaded by the companies' arguments.




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Sustainability, Parks, Recycling and Wildlife Defense Fund v. Department of Resources Recycling and Recovery

(California Court of Appeal) - Rejected an environmental group's challenge to the issuance of a revised permit for a landfill. Affirmed the denial of writ relief.




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Varlen Corp. v. Liberty Mutual Insurance Co.

(United States Seventh Circuit) - Held that an insurance company did not have to indemnify an insured for the cost of cleaning up groundwater contamination at its industrial sites. Affirmed summary judgment in favor of the insurer, in this case involving the policy's pollution exclusion clause.




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Center for Biological Diversity v. US Forest Service

(United States Ninth Circuit) - Revived environmental organizations' lawsuit seeking to compel the U.S. Forest Service to ban hunters' use of lead ammunition, which is ingested by scavenger wildlife species and causes lead poisoning. Held that the suit for declaratory and injunctive relief was justiciable. Reversed a dismissal and remanded.




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Center for Biological Diversity v. California Department of Conservation

(California Court of Appeal) - Rejected an environmental advocacy group's challenge to an environmental impact report prepared by the California Department of Conservation addressing the effects of hydraulic fracturing and other well stimulation treatments. Affirmed the denial of writ relief.




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San Diego Gas and Electric Co. v. San Diego Regional Water Quality Control Board

(California Court of Appeal) - Upheld a cleanup and abatement order issued to a utility company, which was found to be a responsible party for pollution in San Diego Bay, nearby which it operated a power plant for many years. Affirmed the denial of the company's petition for writ relief.




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Center for Biological Diversity v. Ilano

(United States Ninth Circuit) - Upheld the U.S. Forest Service's approval of a project to address spreading pine-beetle infestation in certain at-risk forest lands. Rejected environmental groups' claims concerning the impact on a particular species of owl. Affirmed summary judgment for the government.




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Sacramentans for Fair Planning v. City of Sacramento

(California Court of Appeal) - Affirmed. Plaintiff, a citizen group, sued Defendant, a city, claiming the city violated zoning law and the California Environmental Quality Act (CEQA) by approving a certain development. The trial court found the development consistent with CEQA and denied Plaintiff’s writ of mandate petition.




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Barclay Hollander Corp. v. Cal. Regional Water Quality Control

(California Court of Appeal) - Affirmed the judgment upholding the Defendant, Water Board’s, determination that Plaintiff was jointly and severally responsible for the cleanup and abatement of petroleum residue or waste. Plaintiff sought a reversal of order denying petition to overturn that determination.




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Union of Medical Marijuana Patients v. City of San Diego

(Supreme Court of California) - Reversed. The City of San Diego authorized medical marijuana dispensaries. It decided that the dispensaries did not constitute a project for the purposes of the California Environmental Quality Act, so an environmental review was not necessary. Plaintiff challenged the failure to conduct an environmental review. The appeals court agreed with the City’s assessment. The Supreme court ruled that an improper test was applied under Public Resources Code section 21065 to determine whether a review was necessary or not. The case was remanded for further proceedings.




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Stopthemillenniumhollywood.com v. City of Los Angeles

(California Court of Appeal) - Affirmed. Plaintiff challenged a trial court ruling that a proposed development failed to comply with the California Environmental Quality Act. The appeals court found that the trial court did not err in concluding that that the project failed to comply with the CEQA requirement of an accurate, stable, and finite project description.




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Center for Biological Diversity v. EPA

(United States Fifth Circuit) - Dismissed. The Center for Biological Diversity lacked standing to challenge the Environmental Protection Agency's issuance of a permit that will lead to increased pollution in the Gulf of Mexico.




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Douglas Jordan--Benel v. Universal City Studios, Inc.

(United States Ninth Circuit) - In the appeal of a breach of contract and copyright infringement case involving the movie 'The Purge,' the district court's denial of defendant's anti-SLAPP motion to strike a state law claim for breach of implied-in-fact contract, is affirmed where the breach of contract claim did not arise from an act in furtherance of the right of free speech since the claim was based on defendants' failure to pay for the plaintiff's idea, not the creation, production, distribution, or content of the films.




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Center for Biological Diversity v. Department of Conservation

(California Court of Appeal) - Affirmed that an environmental group was not entitled to a writ of mandate directing the California Department of Conservation to order the immediate closure of oil and gas wells injecting fluids into certain underground aquifers. The environmental group argued that the department had violated its duty under the federal Safe Drinking Water Act to protect the aquifers. Unpersuaded, the First Appellate District held that the trial court properly denied the petition for a writ of mandate.




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Save Lafayette Trees v. City of Lafayette

(California Court of Appeal) - Revived a citizen group's claim that a city failed to comply with the California Environmental Quality Act when it authorized a utility company to remove more than 250 trees within its local natural gas pipeline rights-of-way. Reversed an order sustaining the city's demurrer, in relevant part.




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Mid-Continent Casualty Co. v. Petroleum Solutions Inc.

(United States Fifth Circuit) - In an insurance coverage dispute arising from a leak in an underground fuel storage tank, affirmed in part and reversed in part. The insurer sought a declaratory judgment that it did not owe coverage because the insured had breached the Cooperation Clause in its policy, among other things.




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Halliburton Energy Services, Inc. v. Ironshore Specialty Insurance Co.

(United States Fifth Circuit) - In an insurance dispute following an explosion and fire on an oil rig in Ohio, addressed arbitrability and personal jurisdiction issues. Affirmed in part and reversed in part the decision below.




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Center for Biological Diversity v. California Department of Conservation

(California Court of Appeal) - Rejected an environmental advocacy group's challenge to an environmental impact report prepared by the California Department of Conservation addressing the effects of hydraulic fracturing and other well stimulation treatments. Affirmed the denial of writ relief.




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Hawkins v. Community Bank of Raymore

(United States Supreme Court) - In a case involving personal guaranties to secure real estate development loans, the judgment of the Eighth Circuit in favor of the lender is affirmed by an equally divided court.




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Tyson Foods, Inc. v. Bouaphakeo

(United States Supreme Court) - In a putative employment class action brought by meat processors, alleging that the donning and doffing of safety gear were integral and indispensable to their hazardous work and that employer's policy not to pay for those activities denied them overtime compensation required by the Fair Labor Standards Act of 1938 (FLSA) and violated Iowa wage law, the Eight Circuit's affirmation of the District Court's judgment in worker's favor is affirmed where District Court did not err in certifying and maintaining the class because common questions, such as whether donning and doffing protective gear was compensable under the FLSA, were susceptible to classwide resolution even if not all of the workers wore the same gear.




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Najas Realty, LLC v. Seekonk Water Dist.

(United States First Circuit) - In an action stemming from the plaintiffs' purchase of a piece of land and the opposition the defendants mounted to the plaintiffs' plan to develop that property, alleging defendants' conduct violated various constitutional and state law provisos, including 42 U.S.C. section 1983 and the Massachusetts Civil Rights Act (MCRA), Mass. Gen. Laws Ann. ch. 12, section 11, the District Court's grant of judgment on the pleadings in favor of defendants is affirmed where plaintiffs did not give sufficient facts to state plausible-on-their-face claims, ones that gave rise to more than a mere possibility of liability.




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Thana v. Bd. of License Comm'rs for Charles County

(United States Fourth Circuit) - In a 42 U.S.C. section 1983 action, arising after defendant revoked plaintiff-restaurant's alcoholic beverage license and related consent decrees and following state court proceedings on the matter, the district court's dismissal for lack of subject matter jurisdiction is reversed and the case remanded where plaintiff's action is an independent, concurrent action challenging defendant's administrative actions and the Rooker-Feldman doctrine does not apply.




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Chung v. Studentcity.com

(United States First Circuit) - In a wrongful death action, the district court's grant of summary judgment to defendant, a provider of vacations for students, is reversed where the court erred in granting summary judgment on the issue of causation after allowing no discovery on the issue and receiving no briefing on the matter from the parties.




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Parks LLC v. Tyson Foods, Inc.

(United States Third Circuit) - Affirming a summary judgment to the defendant Tyson Foods in a dispute involving their use of the word 'Parks' in reference to hotdogs where the plaintiff once held trademark on this word's use to sell hotdogs until it failed to renew the trademark in the early 2000's.




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Union of Medical Marijuana Patients v. City of San Diego

(Supreme Court of California) - Reversed. The City of San Diego authorized medical marijuana dispensaries. It decided that the dispensaries did not constitute a project for the purposes of the California Environmental Quality Act, so an environmental review was not necessary. Plaintiff challenged the failure to conduct an environmental review. The appeals court agreed with the City’s assessment. The Supreme court ruled that an improper test was applied under Public Resources Code section 21065 to determine whether a review was necessary or not. The case was remanded for further proceedings.




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Moore v. LA Department of Public Safety

(United States Fifth Circuit) - Reversed. The substitution of the guardians of the children of a deceased man discovered a year after the filing of a wrongful death action by his mother was proper despite the substitution occurring after the statutory limitations period. The substitution relates back to the date of the initial complaint.




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Stopthemillenniumhollywood.com v. City of Los Angeles

(California Court of Appeal) - Affirmed. Plaintiff challenged a trial court ruling that a proposed development failed to comply with the California Environmental Quality Act. The appeals court found that the trial court did not err in concluding that that the project failed to comply with the CEQA requirement of an accurate, stable, and finite project description.




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Fidelity National Financial, Inc. v. Friedman

(United States Ninth Circuit) - Reversed and remanded. The district court’s order vacating a registered judgement is reversed, holding that a court need not have personal jurisdiction over a judgment debtor in order to “merely register” a previously obtained judgment.




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Humane Society of the US v. Perdue

(United States DC Circuit) - Vacated and remanded. A pork farmer's suit alleging that the government unlawfully permitted funds for promoting the pork industry to be used for lobbying instead lacked constitutional standing. There was no evidence of misuse of funds that resulted in an injury in fact.




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Valderas v. City of Lubbock

(United States Fifth Circuit) - Affirmed. The grant of summary judgment in favor of an officer who used deadly force in an arrest was proper since there weren't issues of material fact regarding the reasonableness. There was no genuine issue of material fact.




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Wilson v. City of Southlake

(United States Fifth Circuit) - Vacated and remanded. An Americans with Disabilities Act claim should not have been dismissed at the summary judgment phase because there were issues of material fact.




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Wilson v. Cook County

(United States Seventh Circuit) - Affirmed. The district court properly dismissed complaint by Cook County residents raising Second Amendment claims challenging a ban on assault rifles because the issue had already been addressed by the court.




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Klocke v. University of TX at Arlington

(United States Fifth Circuit) - Reversed and remanded. The Texas Citizens Participation Act does not apply to diversity cases in federal court.




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Center for Biological Diversity v. EPA

(United States Fifth Circuit) - Dismissed. The Center for Biological Diversity lacked standing to challenge the Environmental Protection Agency's issuance of a permit that will lead to increased pollution in the Gulf of Mexico.




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Superior Seafoods, Inc. v. Tyson Foods, Inc.

(United States Eighth Circuit) - District court's denial of plaintiff's Rule 60(d)(3) motion to vacate an underlying consent judgment involving a series of trademark-related actions stemming from plaintiff's sale of a seafood-products business to defendant is affirmed as, given the facts, and given the equitable requirement that the party seeking relief be free from negligence and fault, the district court clearly did not abuse its discretion in finding equitable relief inappropriate in this case.




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City of New York v. Group Health Inc.

(United States Second Circuit) - In antitrust dispute arising from a action by plaintiff seeking to prevent defendant-healthcare providers from merging, summary judgment in favor of defendants is affirmed where the district court's conclusion, that the market definition the plaintiff alleged as the basis of its claims is legally deficient, is a discretionary prerogative devoid of abuse.




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East Rutherford Metal Band Harvest Falls Debuts New Single And Charity Drive

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




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ProgStock Festival, The American Northeast's Only Progressive Rock Music Festival, Returns To The Union County Performing Arts Center, Rahway, NJ, October 11-13, 2019

ProgStock Festival Was Founded To Give Artists And Fans In The Genre Of Progressive Rock A Place To Play