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(United States DC Circuit) - Held that Google, Microsoft and Yahoo were not liable for allegedly conspiring to flood the market of online search results with information about so-called scam locksmiths, in order to extract additional advertising revenue. The Communications Decency Act barred this lawsuit brought by more than a dozen locksmith companies. Affirmed a dismissal.

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(United States Supreme Court) - Holding that a putative class member may not, in lieu of promptly joining an existing suit or promptly filing an individual claim, commence a class action anew beyond the time allowed by the applicable statute of limitations and reversing and remanding the Ninth Circuit's reversal of a District Court dismissal of an untimely class complaint.

(United States Third Circuit) - Affirmed an order remanding a consumer class action to state court. The defendant home security equipment businesses had removed the case to federal court under the Class Action Fairness Act, but the plaintiffs showed that an exception to CAFA jurisdiction applied. The Third Circuit noted that under the local-controversy exception, a district court must decline to exercise jurisdiction over a class action involving a uniquely local controversy, as defined in the statute.

(United States Third Circuit) - Reversed the certification of a class in a lawsuit alleging that a restaurant chain violated the Americans with Disabilities Act because its parking lots were difficult to ambulate in a wheelchair. The 500-location restaurant chain contended that the plaintiffs had failed to satisfy some of the requirements for class certification under Fed. R. Civ. P. 23(a). Agreeing, the Third Circuit reversed and remanded to the district court to reconsider if a class should be certified.

(United States Ninth Circuit) - Affirmed the dismissal, on res judicata grounds, of a proposed wage-and-hour class action. While the plaintiff conceded that she was subject to a state class-action settlement that released all claims arising from the same set of allegations upon which her Fair Labor Standards Act lawsuit was based, she nonetheless contended that her FLSA action should be allowed to proceed. Agreeing with the trial court, the Ninth Circuit held that res judicata applied.

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(Supreme Court of California) - Clarified how California Code of Civil Procedure section 998 (relating to pretrial settlement offers) is used in arbitration. Held a request for costs under that provision is timely if filed with the arbitrator within 15 days of a final award. In response to such a request, an arbitrator has authority to award costs to the offering party. However, if an arbitrator refuses to award costs, judicial review is limited.

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(United States Fifth Circuit) - In a contractual dispute between two companies in the oil-drilling business, vacated a bench trial judgment, in part. The contract related to exploratory drilling for offshore oil.

(United States Seventh Circuit) - Affirmed. The district court dismissed a case involving an exclusive sale agreement for failure to state a claim because the contract was not in force at the time of the alleged breach and the district court did not misinterpret the contract's automatic renewal clause.

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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.

What spring break taught me about God.

In March, we went on vacation as a family. It was a beautiful trip—clear skies, blue water, white sandy beaches. The resort where we stayed offered a “kids club” in the morning, so I had time for walks by myself and with Peter, for naps in the shade of a palm tree, for times of prayer, for reading lots of books. It was extravagant and luxurious and strangely challenging all at the same time.

Every day after camp, our kids wanted to go to the pool. They wanted to jump into the safe, contained, semi-toxic water. They wanted to dive for rings on the pool’s concrete floor. They wanted to get a drink at the poolside bar. Every day, we tried to cajole them toward the ocean instead. The ocean, filled with rocks and coral, teeming with life. This vast expanse of water required our respect and our attention with its powerful waves, its constant motion. They liked it once we were there—the feeling of their toes in the sand, the sight of hermit crabs scuttling across the beach, the pulsing rhythm of the water. But even then, every day, they wanted to go back to the pool.

I want to teach our children, and I want to challenge myself, to swim in the ocean. I mean this literally, but I also mean it in every other aspect of our lives.

The easiest area to see this tension in our lives is with food. Recently, our kids have been offered candy at every turn—Easter eggs in the backyard from the church youth group, Easter candy from aunts and uncles, Easter candy in Sunday school, and more from a family egg hunt. Jellybeans, Starburst, Twix, Peeps. Tastes great. Rots their teeth. Gives a burst of energy. And then a crash. They would always choose candy over, say, the lentil soup I offered last night. ...

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