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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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Merck Sharp and Dohme Corp. v. Albrecht

(United States Supreme Court) - Clarified when federal law will preempt a state law claim that a drug manufacturer failed to warn consumers of a drug's risks. Held that this preemption question is one for a judge to decide, not a jury. Also spelled out the "clear evidence" standard that applies in this context. Justice Breyer, joined by five justices, delivered the U.S. Supreme Court's majority opinion in this product liability lawsuit against a drugmaker.




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Knick v. Township of Scott

(United States Supreme Court) - Held that a property owner whose property has been taken by a local government may go directly to federal court to assert a claim under the Takings Clause. Overruled a 1985 Supreme Court precedent (Williamson County Regional Planning Comm'n v. Hamilton Bank of Johnson City), which had said that a property owner must first seek just compensation under state law in state court before bringing a federal takings claim under Section 1983. Chief Justice Roberts delivered the opinion of the 5-4 Court.




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Get a free mug to give back from the EDbyEllen.com Thank You Shop ???? – Anne Pinney

#architektura #architekt #dom #design




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Academic Fashion: A discussion and what I wore this semester as the Professor : femalefashionadvice

#architektura #architekt #dom #design




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What You Need to Know About Adoption Consultants | Shelley Skuster




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Satellite Images Show Armadas Of Vacant Cruise Ships Huddling Together Out At Sea - The Drive

Almost all of the world's cruise ships have formed ghost fleets with their crews trapped aboard




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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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(500) https://www.washingtonpost.com/opinions/2020/05/06/george-conway-trump-lashed-out-me-twitter-its-because-he-knows-truth/

Behind every Trump attack is self-revelation. Every counterpunch is a self-punch. @gtconway3d: “Because he fears being revealed as a fake or deranged, he’ll call others fake or deranged. Because he fears losing, he’ll call them losers instead.”




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Opinion | How to Punish Voters - The New York Times

Opinion | How to Punish Voters via Instapaper https://ift.tt/2yFNRbK




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AP Exclusive: Docs show top WH officials buried CDC report

GAINESVILLE, Fla. (AP) — The decision to shelve detailed advice from the nation’s top disease control experts for reopening communities during the coronavirus pandemic came from the highest levels of the White House, according to internal government emails obtained by The Associated Press.




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Untitled (https://medium.com/@dannysheridan)

I absolutely *love* these Amazon Writing Style Tips (found via Google & ) Have any other companies offered a glimpse into their in-house style?




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(500) https://joshuatdean.com/wp-content/uploads/2020/02/NoiseCognitiveFunctionandWorkerProductivity.pdf

Wow! Noise is a secret killer of performance. A 10db noise increase (from a dishwasher to a vacuum) drops productivity by 5% - but most people don't notice since it impacts cognition, not effort. Also, note that noise is greater in poorer neighborhoods...




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Wealth, shown to scale




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America's Racial Contract Is Showing - The Atlantic

Six weeks ago, Ahmaud Arbery went out and never came home. Gregory and Travis McMichael, who saw Arbery running through their neighborhood just outside of Brunswick, Georgia, and who told authorities they thought he was a burglary suspect, armed themselves, pursued Arbery, and then shot him dead.




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How Kushner’s Volunteer Force Led a Fumbling Hunt for Medical Supplies - The New York Times

via Health News - The New York Times https://nyti.ms/2WLL65m




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We Chat, They Watch: How International Users Unwittingly Build up WeChat’s Chinese Censorship Apparatus - The Citizen Lab

Important new CitizenLab report: "We Chat, They Watch: How International Users Unwittingly Build up WeChat’s Chinese Censorship Apparatus"




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Admin shelves CDC guide to reopening country




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Winners of Tickets to Miss Fisher’s Murder Mysteries Costume Exhibition

You’re in luck if you love Miss Phryne Fisher, TV’s elegant lady detective.




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Winners of Family Pass to Little Shop of Horrors

The cult musical comedy Little Shop of Horrors will return to Sydney at the Roslyn Packer Theatre from July 20 for 10 days only, as part of its whirlwind Australian tour.




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Tour cancels 4 more events, PGA Championship postponed




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Watch: 10 incredible trick shots from self-isolating golfers




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European Tour postpones Irish Open




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R&A cancels 149th Open Championship




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




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Monaco GP canceled, Dutch and Spanish races postponed




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Shell Oil Co. v. US

(United States Federal Circuit) - Affirmed that the U.S. government had breached certain World War II-era contracts with several oil companies. In this long-running litigation, the oil companies claimed that the federal government, which had sued them for hazardous waste cleanup, was partly liable for the cleanup costs due to language in their 1940s government contracts to produce aviation fuel for the war effort. The Court of Federal Claims agreed with the oil companies and awarded them nearly $100 million in contract damages, collectively. The federal government appealed, but the Federal Circuit affirmed.




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ZUP, LLC v. Nash Manufacturing, Inc.

(United States Federal Circuit) - Affirmed that a patent for a water recreational board was invalid as obvious. On appeal, the patent holder argued that its invention of a recreational board that would help athletically challenged people ride on the water was not obvious. In a 2-1 decision, the Federal Circuit disagreed and affirmed the district court decision granting summary judgment to the defendant in this patent infringement action.




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Advantek Marketing, Inc. v. Shanghai Walk-Long Tools Co., Ltd.

(United States Federal Circuit) - Reinstated a patent infringement claim relating to a design for a portable animal kennel. The patent owner insisted it should not be estopped by prosecution history from asserting its infringement claim against a competitor. Agreeing that estoppel did not apply, the Federal Circuit reversed the district court's judgment on the pleadings and remanded for further proceedings.




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Shaw v. US

(United States Federal Circuit) - Held that the U.S. government did not breach its obligations under a settlement arising out of injuries to a child born at a military hospital. The parents brought this suit alleging that the government was contractually liable because the settlement provided for the purchase of several annuities that would make periodic damages payments, but in 2012 the issuer of the annuities was liquidated and the payments were substantially reduced. Affirming summary judgment for the government, the Federal Circuit held that the settlement agreement did not obligate the government to act as a guarantor of the future periodic annuity payments.




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US v. Shayota

(United States Ninth Circuit) - Affirmed. Concluding a witness was unavailable due to invocation of his Fifth Amendment right against self-incrimination, the district court admitted prior civil deposition testimony. The panel affirms, finding any error was harmless because excluding the depositions would not have changed the outcome of the trial.



  • Criminal Law & Procedure

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Assn. for L.A. Deputy Sheriffs v. Superior Court

(Supreme Court of California) - A prosecutor in a criminal case has a duty to disclose to the defense information that they personally know and information that they can learn about that is favorable to the accused. This obligation to disclose even includes restricted information about law enforcement officers. A law enforcement agency may disclose to the prosecution identifying information about an office and relevant exonerating or impeaching material in a confidential personnel file.




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Hamish surging his way to the top

NORTH Bondi Surf Club is proving to be a hotbed of talented youngsters, with Hamish Donkin the latest product set to make a mark at the top level.




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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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Jewish boundary sparks community fight

THE installation of a special boundary to help Orthodox Jewish families carry out normal activities on holy days has erupted into a fight with council.




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Solskjaer: United stars shouldn't play if they're not 'mentally ready'




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US v. Shields

(United States Ninth Circuit) - Convictions arising from the capitalization and operation of real estate development business are affirmed where there is not a reversible plain error. The jury instruction error in this case was not 'clear and obvious' because it was not clearly required by precedent, and the error did not affect the outcome of the proceedings.



  • White Collar Crime
  • Criminal Law & Procedure

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Kokesh v. SEC

(United States Supreme Court) - In a case arising out of an SEC enforcement action, alleging that petitioner violated various securities laws by concealing the misappropriation of money from business-development companies, and seeking monetary civil penalties, disgorgement, and an injunction barring petitioner from future violations, the Tenth Circuit's judgment -- that 28 U.S.C. section 2462's 5-year limitations period applied to the monetary civil penalties but that section 2462 did not apply because disgorgement was neither a penalty nor a forfeiture -- is reversed, where because SEC disgorgement operates as a penalty under section 2462, any claim for disgorgement in an SEC enforcement action must be commenced within five years of the date the claim accrued.




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Solskjaer casts doubt over Rashford's Euro 2020 involvement




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Report: UEFA wants Women's Euro 2021 moved to avoid competition clashes




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ZUP, LLC v. Nash Manufacturing, Inc.

(United States Federal Circuit) - Affirmed that a patent for a water recreational board was invalid as obvious. On appeal, the patent holder argued that its invention of a recreational board that would help athletically challenged people ride on the water was not obvious. In a 2-1 decision, the Federal Circuit disagreed and affirmed the district court decision granting summary judgment to the defendant in this patent infringement action.




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Excelled Sheepskin and Leather Coat Corp. v. Oregon Brewing Co.

(United States Second Circuit) - Reversed summary judgment for an apparel company in its trademark infringement action. A company that sold leather jackets branded ROGUE contended that a commercial brewery that sold ROGUE-branded beer had infringed its trademark by using the name on t‐shirts and hats. The Second Circuit held that the apparel company was not entitled to summary judgment, because the brewery was the senior user and the evidence did not show that it was precluded by laches.




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Advantek Marketing, Inc. v. Shanghai Walk-Long Tools Co., Ltd.

(United States Federal Circuit) - Reinstated a patent infringement claim relating to a design for a portable animal kennel. The patent owner insisted it should not be estopped by prosecution history from asserting its infringement claim against a competitor. Agreeing that estoppel did not apply, the Federal Circuit reversed the district court's judgment on the pleadings and remanded for further proceedings.




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Wilson v. Dynatone Publishing Co.

(United States Second Circuit) - Held that a copyright ownership claim was timely filed. The statute of limitations was not triggered by the defendants' act of registering their competing claim of ownership in the Copyright Office. Denied a petition for rehearing, in a dispute over ownership of renewal term copyrights in certain musical compositions and sound records.




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Seventh Avenue, Inc. v. Shaf International, Inc.

(United States Seventh Circuit) - Affirmed that a corporation was in contempt of a consent judgment because its outside counsel failed to respond to a motion alleging a violation of the judgment and to appear at a hearing on the motion, in a trademark infringement case.




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107th Grey Cup primer: Can Bombers crush Ticats' dream season?




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CFL asks government for $150M in financial assistance amid shutdown




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Pair falls just short of record

NICK Bertus and Will ­Affleck fell just three runs short of a century-old record to lead Parramatta to a two-day win over Western Suburbs.




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Riverside County Sheriff's Dep't v. Stiglitz

(California Court of Appeal) - Trial court's grant of a county sheriff's department's petition for a writ of administrative mandate seeking to vacate a hearing officer's decision concerning a terminated correctional officer's request for a Pitchess motion is reversed where: 1) an administrative hearing officer may rule on a Pitchess motion where Pitchess discovery is relevant; and 2) if Pitchess discovery is relevant to an officer's defense in a section 3304(b) hearing, the officer who is subject to discipline must have the opportunity to demonstrate the relevance of the personnel records of other officers and to obtain the records if they are relevant.




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Fisher v. Committee on Grievances, S.D.N.Y.

(United States Second Circuit) - The order of the Committee on Grievances for the United States District Court for the Southern District of New York, directing that the subject attorney's name be stricken from the roll of attorneys admitted to practice in its court is affirmed, where: 1) the record supports a determination that the attorney knowingly withdrew client funds without permission or authority and used said funds for his own personal purposes; and 2) disbarment was within the range of appropriate punishments.



  • Ethics & Disciplinary Code
  • Ethics & Professional Responsibility
  • Sanctions