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Glassdoor, Inc. v. Super. Ct.

(California Court of Appeal) - In a dispute between a employer reviews website, brought by a video gaming company against the website operator, seeking the name of a Jane Doe reviewer who purportedly posted confidential information on the website about the employer in violation of a confidentiality agreement, the website operator's petition for a writ directing the trial court to set aside its order to reveal Doe's real name is granted where the employer failed to make a prima facie showing that Doe's statements disclosed confidential information in violation of the nondisclosure agreement.




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Meador v. Apple, Inc.

(United States Fifth Circuit) - Held that Apple Inc. was not liable for a fatal car crash that happened when a distracted driver looked down to read a text message on her iPhone 5. The suit alleged that the iPhone caused the accident because it had no lockout mechanism. Affirmed dismissal of the complaint, holding that Texas law would not regard a driver's neurobiological response to a smartphone notification as a cause of a car crash.




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Robles v. Domino's Pizza LLC

(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.




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Album/Documentary Release By UK Band The Charmers

It Is An Album Full Of Edgy Pop Songs, With Insightful Lyrics And Lush Strings




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Radha Geismann, M.D., P.C. v. ZocDoc, Inc.

(United States Second Circuit) - Revived a proposed class action alleging that a company violated the Telephone Consumer Protection Act by sending doctors unsolicited fax advertisements. The company attempted to moot the case by paying the named plaintiff's claim in full. Vacated a dismissal and remanded for further proceedings.




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Donna Cristy Releases New Single 'Lies Wit My Shake'

The Music Artist Known As Donna Cristy Has Released Her Latest Single, “Lies Wit My Shake.”




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FilmOn.com Inc. v. DoubleVerify Inc.

(Supreme Court of California) - Interpreting the state's anti-SLAPP statute, the California Supreme Court addressed whether the commercial nature of a defendant's speech is relevant in determining whether that speech merits protection. Reversing, the high court concluded that the anti-SLAPP statute was inapplicable here to a dispute between two companies over what one said about the other's business practices.




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In re Ricardo P.

(Supreme Court of California) - Affirmed. Juvenile defendant was placed on probation for felony burglary. As a condition of his parole, he was required to submit to warrantless searches of his electronic devices, even though they were not used in connection with the burglaries. The appeals court struck the electronics search condition. The Supreme Court agreed stating the search of electronic devices was overbroad.




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Papalote Creek II, L.L.C. v. Lower Colorado River Authority

(United States Fifth Circuit) - Held that a dispute involving an agreement to purchase power from a wind turbine farm was outside the scope of the parties' arbitration clause. Reversed an order compelling arbitration, in this lawsuit seeking a declaratory judgment regarding the meaning of a contractual provision.




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Essex Insurance Company v. Blue Moon Lofts Condominium Association

(United States Seventh Circuit) - Affirmed. The subject of a legal judgment sought to pursue the doctrine of estoppel to compel their insurer to pay out on the judgment against them from a decade before the policy's active date. They suffered no prejudice from the insurer's action and their case was dismissed.




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Doe v. Columbia College Chicago

(United States Seventh Circuit) - Affirmed. Claims of breach of contract, emotional distress, negligence, and promissory estoppel arising from disciplinary action taken by a school against a student accused of sexual assault after extensive proceedings were defective and the case was properly dismissed.




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Doctor’s Associates, Inc. v. Alemayehu

(United States Second Circuit) - Vacated and remanded. Finding the promise to arbitrate in the franchise application was supported by adequate consideration, the panel vacates the district court’s denial of DAI’s motion to compel arbitration and remands for further proceedings.




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ZipX Donates 5,000 Face Masks To Government

ZipX Bermuda has donated 5,000 face masks to the Bermuda Government for the island’s frontline workers during the Covid-19 pandemic. A spokesperson...




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Video: Dr Weldon On Bermuda’s Covid-19 Testing

Dr. Carika Weldon attended the Government press briefing held on Wednesday [May 6] in order to provide a scientific overview of Bermuda’s...




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Premier Burt Sends Letter Of Condolence

Earlier this week, Premier David Burt sent a letter of condolence to the family of the late Speaker of the House of Assembly, Mr. Stanley W. Lowe,...




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U.S. Coronavirus Testing Still Falls Short. How's Your State Doing?

By Rob Stein, Carmel Wroth, Alyson Hurt

To safely phase out social distancing measures, the U.S. needs more diagnostic testing for the coronavirus, experts say. But how much more?

The Trump administration said on April 27 that the U.S. will soon have enough capacity to conduct double the current amount of testing for active infections. The country has done nearly 248,000 tests daily on average in the past seven days, according to the nonprofit COVID Tracking Project. Doubling that would mean doing about 496,000 a day.

Will that be enough? What benchmark should states try to hit?

One prominent research group, Harvard's Global Health Institute, proposes that the U.S. should be doing more than 900,000 tests per day as a country. This projection, released Thursday, is a big jump from its earlier projection of testing need, which had been between 500,000 and 600,000 daily.

Harvard's testing estimate increased, says Ashish Jha, director of the Global Health Institute, because the latest modeling shows that the outbreak in the United States is worse than projected earlier.

"Just in the last few weeks, all of the models have converged on many more people getting infected and many more people [dying]," he says.

But each state's specific need for testing varies depending on the size of its outbreak, explains Jha. The bigger the outbreak, the more testing is needed.

On Thursday, Jha's group at Harvard published a simulation that estimates the amount of testing needed in each state by May 15. In the graphic below, we compare these estimates with the average numbers of daily tests states are currently doing.

Two ways to assess whether testing is adequate

To make their state-by-state estimates, the Harvard Global Health Institute group started from a model of future case counts. It calculated how much testing would be needed for a state to test all infected people and any close contacts they may have exposed to the virus. (The simulation estimates testing 10 contacts on average.)

"Testing is outbreak control 101, because what testing lets you do is figure out who's infected and who's not," Jha says. "And that lets you separate out the infected people from the noninfected people and bring the disease under control."

This approach is how communities can prevent outbreaks from flaring up. First, test all symptomatic people, then reach out to their close contacts and test them, and finally ask those who are infected or exposed to isolate themselves.

Our chart also shows another testing benchmark for each state: the ratio of tests conducted that come back positive. Communities that see about 10% or fewer positives among their test results are probably testing enough, the World Health Organization advises. If the rate is higher, they're likely missing a lot of active infections.

What is apparent from the data we present below is that many states are far from both the Harvard estimates and the 10% positive benchmark.

Just nine states are near or have exceeded the testing minimums estimated by Harvard; they are mostly larger, less populous states: Alaska, Hawaii, Montana, North Dakota, Oregon, Tennessee, Utah, West Virginia and Wyoming.

Several states with large outbreaks — New York, Massachusetts and Connecticut, among others — are very far from the minimum testing target. Some states that are already relaxing their social distancing restrictions, such as Georgia, Texas and Colorado, are far from the target too.

Jha offers several caveats about his group's estimates.

Estimates are directional, not literal

Researchers at the Global Health Initiative at Harvard considered three different models of the U.S. coronavirus outbreak as a starting point for their testing estimates. They found that while there was significant variation in the projections of outbreak sizes, all of the models tend to point in the same direction, i.e., if one model showed that a state needed significantly more testing, the others generally did too.

The model they used to create these estimates is the Youyang Gu COVID-19 Forecasts, which they say has tracked closely with what's actually happened on the ground. Still, the researchers caution, these numbers are not meant to be taken literally but as a guide.

Can't see this visual? Click here.

If social distancing is relaxed, testing needs may grow

The Harvard testing estimates are built on a model that assumes that states continue social distancing through May 15. And about half of states have already started lifting some of those.

Jha says that without the right measures in place to contain spread, easing up could quickly lead to new cases.

"The moment you relax, the number of cases will start climbing. And therefore, the number of tests you need to keep your society, your state from having large outbreaks will also start climbing," warns Jha.

Testing alone is not enough

A community can't base the decision that it's safe to open up on testing data alone. States should also see a consistent decline in the number of cases, of two weeks at least, according to White House guidance. If their cases are instead increasing, they should assume the number of tests they need will increase too.

And, Jha warns, testing is step one, but it won't contain an outbreak by itself. It needs to be part of "a much broader set of strategies and plans the states need to have in place" when they begin to reopen.

In fact, his group's model is built on the assumption that states are doing contact tracing and have plans to support isolation for infected or exposed people.

"I don't want anybody to just look at the number and say, we meet it and we're good to go," he says. "What this really is, is testing capacity in the context of having a really effective workforce of contact tracers."

The targets are floors, not goals

States that have reached the estimated target should think of that as a starting point.

"We've always built these as the floor, the bare minimum," Jha says. More testing would be even better, allowing states to more rapidly tamp down case surges.

In fact, other experts have proposed that the U.S. do even more testing. Paul Romer, a professor of economics at New York University, proposed in a recent white paper that if the U.S. tested every resident, every two weeks, isolating those who test positive, it could stop the pandemic in its tracks.

Jha warns that without sufficient testing, and the infrastructure in place to trace and isolate contacts, there's a real risk that states — even those with few cases now — will see new large outbreaks. "I think what people have to remember is that the virus isn't gone. The disease isn't gone. And it's going to be with us for a while," he says.

Can't see this visual? Click here.

Daniel Wood contributed to this report.

Copyright 2020 NPR. To see more, visit https://www.npr.org.




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Radha Geismann, M.D., P.C. v. ZocDoc, Inc.

(United States Second Circuit) - Revived a proposed class action alleging that a company violated the Telephone Consumer Protection Act by sending doctors unsolicited fax advertisements. The company attempted to moot the case by paying the named plaintiff's claim in full. Vacated a dismissal and remanded for further proceedings.




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What Do Our Kids Need to Learn about Easter?

This theological abstract reality needs support all year round for any of us to believe it.

When it comes to explaining Easter to our children, we bump up against the same problems every year. First of all, our culture doesn’t point to Easter. There are no Easter songs playing on the radio. There are no parties in the lead up or the aftermath. Compared to Christmas, Easter just happens, with little cultural recognition other than a few minutes of interest in egg dying techniques. In contrast, even for nominal Christians, most of December in America directs itself toward what has more or less become a national celebration on December 25th. Sure, many people celebrate without direct reference to Jesus, but as I’ve written before, without his birth there would be no reason for the tinsel and the mistletoe.

We might bemoan the materialism of Christmas, but as parents we can also use it to our advantage. Everyone is paying attention. Schools take a break. Gift giving all around. It’s on the radio, in the mall, in our homes and in our churches. With Easter, not so much. One of my children has Good Friday off, but the others keep apace with their schoolwork. Ballet rehearsal is on for this Saturday. It’s easy to forget that we are preparing to mourn the death of Jesus and celebrate his resurrection in a few short days.

Secondly, my kids don’t retain the Easter story very easily. They remember eggs and bunnies from last year. They remember the sugar rush, and they are ready for more. But the theological narrative of Easter—that doesn’t linger in quite the same way. At Christmas, presents and special treats abound, but we also have the nativity scene and a birthday party for Jesus. Throughout the month of December, our children move the physical characters around and enact ...

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True or False: 90% of Babies with Down Syndrome are Aborted

A new study demonstrates the role of culture in welcoming children with Down syndrome.

For years, I have read news headlines in Christian and secular outlets, from conservatives and liberals alike, stating that “90% of babies with Down syndrome are aborted.” As I have argued before, and as a new study demonstrates, it’s just not true. Correcting this common misconception matters both in providing accurate information to pregnant women and in normalizing the experience of receiving a child with Down syndrome.

Last week, the American Journal of Medical Geneticspublished a study about the birth rates of babies with Down syndrome in the United States. The study estimates live births of babies with Down syndrome from 1900-2010, with a focus upon the effect of prenatal screening programs within the United States on the population of babies with Down syndrome. After factoring in the expected number of live births, miscarriages, and stillbirths, it then posits a “reduction rate.” This reduction rate demonstrates the number of babies with Down syndrome that are not born as a result of selective abortion.

To be specific, in 2006-2010 theses researchers estimate around 5,300 babies were born with Down syndrome annually. During this same time period, approximately 3,100 babies with Down syndrome were selectively aborted each year. Around 800 of those aborted babies would have died before birth, so without selective abortion, the researchers estimate there would be around 7,600 live births with Down syndrome. The reduction rate of babies with Down syndrome in the United States in 2010 was around 30 percent. In other words, without selective abortion, the number of babies born with Down syndrome in recent years would have been about 30 percent higher than it actually has been.

So why ...

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New Jersey Rock Band Scores Endorsement And Big Shows

NJ Rock Band Triple Addiction Scores A Guitar Endorsement And Books Some Big Shows.




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Montreal Hip-Hop Collective Triple-R Release Debut Album “Red Rum Records” Featuring Tracks With Swollen Members, Doom Squad, Demrick, And More

Montreal Hip-hop Collective Triple-R Has Signed With Squash Comp And Released Their Debut Album “Red Rum Records”




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Curren$y, Trademark & Young Roddy Share "Big Dogs" Ahead Of October 11th Album Release

Curren$y, Trademark And Young Roddy Have Set The Stage For Their Long-awaited Full-length Album, "Plan Of Attack", Dropping Worldwide On Oct. 11th.




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Impeachment Inquiry Update & California Democratic State Endorsement Convention Preview

Members of California’s Congressional delegation are center stage at the House Intelligence Committee impeachment inquiry hearings on Capitol Hill. The chair of the committee is LA area Democratic Rep. Adam Schiff. The ranking Republican member of the same committee is Fresno Rep. Devin Nunes. Other Californians are Democrats: Bay Area Rep. Jackie Speier and East Bay Rep. Eric Swalwell. McClatchy DC reporter Kate Irby joins Insight. She follows the California Congressional delegation. 

California’s State Endorsement Convention is this weekend in Long Beach. One of the surprises is that candidates Massachusetts Sen. Elizabeth Warren and Former Vice President Joe Biden will not attend. What does this mean? 

On Saturday, Nov. 16, the California Democratic Party in conjunction with Univision will host a televised 2019 Presidential Forum from 4 to 6 pm PST. Confirmed candidates are New Jersey Sen. Cory Booker, South Bend Indiana Mayor Pete Buttigieg, Former Health and Human Services Secretary Julián Castro, California Sen. Kamala Harris, Minnesota Sen. Amy Klobuchar, Vermont Sen. Bernie Sanders, investor Tom Steyer, and entrepreneur Andrew Yang. CapRadio’s Capitol Bureau Chief Ben Adler provides a preview to this weekend’s convention.

 




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Ivan Enriquez Releases New Video Single 'Perdona'

The Music Artist Known As Ivan Enriquez Pons Has Released His Latest Single, “Perdona.”




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Latido Music Announces Advisory Board - Notable Execs From Univision, Warner Bros., Cinedigm

Latido Music, The Premiere 24-hour Digital Television Network Dedicated To Latin Music, Has Announced The Formation Of Its Advisory Board




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Centennial Celebration For Jose Fajardo – Featuring The Jose Fajardo Jr. Orchestra

Jose Fajardo, Jr.’s Father, Jose Fajardo, Would Have Been 100 On This Day. This Show Will Celebrate The Charanga Flute Master Who Was Well Known During The Palladium Days!




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Papalote Creek II, L.L.C. v. Lower Colorado River Authority

(United States Fifth Circuit) - Held that a dispute involving an agreement to purchase power from a wind turbine farm was outside the scope of the parties' arbitration clause. Reversed an order compelling arbitration, in this lawsuit seeking a declaratory judgment regarding the meaning of a contractual provision.




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Salgado v. Carrows Restaurants Inc.

(California Court of Appeal) - Addressed whether an arbitration agreement could be enforced, given that it was signed only after the employee filed her employment discrimination lawsuit. Reversed and remanded for further findings.



  • Dispute Resolution & Arbitration
  • Labor & Employment Law

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McDonnel Group, L.L.C. v. Great Lakes Insurance SE, UK Branch

(United States Fifth Circuit) - In an insurance dispute, addressed an issue relating to the Convention on the Recognition and Enforcement of Foreign Arbitral Awards. Held that an insurance contract's conformity-to-statute provision did not negate the agreement to arbitrate.




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Stemcor USA Inc. v. Cia Siderurgica do Para Cosipar

(United States Fifth Circuit) - On rehearing of a dispute between two creditors, held that Louisiana's non-resident attachment statute allows for attachment in aid of arbitration. Further held that subject matter jurisdiction existed here under the Convention on the Recognition and Enforcement of Foreign Arbitral Awards. Vacated and remanded.




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Dorman v. The Charles Schwab Corporation

(United States Ninth Circuit) - Reversed. The panel concluded that Amaro v. Continental Can Co., which held that ERISA claims are not arbitrable, is no longer good law in light of intervening Supreme Court case law, including American Express Co. v. Italian Colors Restaurant.



  • ERISA
  • Dispute Resolution & Arbitration

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Franco v. Greystone Ridge Condominium

(California Court of Appeal) - Reversed. Plaintiffs, employees of Defendant, signed an agreement with Defendant requiring binding arbitration of employment disputes after the complaint was filed. The trial court denied Defendant’s motion to compel arbitration agreeing with Plaintiff that the arbitration agreement referred to future claims not the past ones brought by Plaintiff against Defendant. The appeals court disagreed stating that the agreement to arbitrate was clear and there was no qualifying language as to past or future events.



  • Dispute Resolution & Arbitration
  • Labor & Employment Law

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New Music Video - Walkers [Downtempo Future Bass]

Theo Dor Releases His New Music Video Walkers Out On Louis Capet XXVI Records




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Chicago R&B And Soul Singer Brandon James Has Released His New Music Video "So Emotional"

Chicago, IL August 8th, 2019 - R&b And Soul Singer Brandon James Has Released His New Music Video For The Single "So Emotional."




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GAZ REYNOLDS YOUTUBE SHOW KICKS OFF BIG TIME WITH LONDON MUSIC LEGEND TOM CARRADINE

Just Over A Year Ago Pop Icon, Television Personality And YouTuber Gaz Reynolds Launched His First Ever YouTube Show ‘The G-Log’ Aimed At The Music Industry And Entertainment World. Famous Celebrities




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Chicago, IL Nolen Entertainment And Artist Brandon James Present Soulful Sunday's

Chicago, IL Nolen Entertainment And Artist Brandon James Present Soulful Sunday's. The Show Will Take Place On Sunday, October 6th, At Reggie's Chicago 2105 S State St, Chicago, IL.




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Centennial Celebration For Jose Fajardo – Featuring The Jose Fajardo Jr. Orchestra

Jose Fajardo, Jr.’s Father, Jose Fajardo, Would Have Been 100 On This Day. This Show Will Celebrate The Charanga Flute Master Who Was Well Known During The Palladium Days!




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Why Pastors Don't Get Political

Pastors often loathe to weigh in on controversial topics. There are reasons.

I have never considered myself a very political person. As a proudly evangelical pastor, for a long time I possessed a somewhat bemused and distant attitude towards politics, focusing my attention instead on my calling to teach and preach the Word, which was above all worldly concerns. But that changed a few years ago. After my wife was diagnosed with breast cancer, and our insurance company tried to terminate her coverage using the dreaded “pre-existing condition” clause, I became a vocal advocate for health care reform. Shortly after that, as a resident of a city wracked with racial tensions, I timidly called for greater understanding between Korean and African-American communities.

These brief forays into the public sphere have taught me a lot, and have given me a lot more compassion on the plight of pastors. Evangelical pastors are often lambasted for their lack of engagement with society and politics. We accuse evangelical leaders of being too passive and silent on the most pressing issues of the day, and wonder if this is due to a lack of conviction, or a lack of courage. We call them cowards, dinosaurs, unbiblical, irrelevant. And I hate to admit that I have often joined that chorus of criticism. But the truth is not nearly so simple. Although I don't seek to totally exonerate myself from wrongdoing, here are five reasons why I personally hesitate to speak out on controversial issues:

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The Separation of Church and State

This might seem like something of a cop-out explanation, but you should remember that one of the foundational principles of American culture and government is the separation between church and state. It's an idea that ...

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California Rep. Doris Matsui / Sacramento COVID-19 Recovery / Poet Amanda Harrinauth And Finding Joy

California Rep. Doris Matsui discusses what did and didn’t work in COVID-19 relief packages. The Greater Sacramento Economic Council on the region’s potential for recovery, and poet Amanda Harrinauth on finding joy in every day.




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Kenny Chesney Surprise Releases 'We Do' Video

Kenny Chesney has surprised released a music video for his track 'We Do'.




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The Lumineers Colorado Gives Back Livestream Benefit

The Lumineers have announced that they will be staging the Colorado Gives Back livestream benefit




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Soundgarden Countersue Chris Cornell's Widow Over Tribute Concert

The surviving members of Soundgarden have filed a counter-lawsuit




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DED Release 'A Mannequin Idol (Lullaby)' Video

DED have released a music video for their latest single 'A Mannequin Idol (Lullaby)'.




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How to start a garden in Colorado during the coronavirus shutdown

If you start your garden now, you'll be able to eat freshly grown salads in no time.






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Coronavirus threatens to keep proposed taxes, laws off Colorado’s 2020 ballot

Groups that were planning to ask Colorado voters for money and new laws in November are seeking rule changes after the coronavirus brought their efforts to a screeching halt.




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Cory Gardner attended pricey champagne party in Palm Beach. A Colorado lawmaker wants an investigation.

A Colorado legislator has filed an ethics complaint against U.S. Sen. Cory Gardner over a Palm Beach party he attended in February that was hosted by a champagne company.