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Mirkin v. XOOM Energy, LLC

(United States Second Circuit) - Partially affirmed, partially reversed. A class action suit against energy providers was dismissed and a post-judgment request for leave to amend was refused. Plaintiffs should have been allowed to amend their complaint and their proposed amended complaint stated plausible claims.




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Connecticut Fine Wine and Spirits LLC v. Seagull

(United States Second Circuit) - Affirmed. Various Connecticut Liqour Control Act and related regulations were hybrid restraints on trade but the plaintiff failed to plead facts that they constitute per se violations of the Sherman Act.




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Kirschenbaum v. Assa Corp.

(United States Second Circuit) - Affirmed. The district court ordered the turnover of Assa’s property to terrorism victims holding default judgments against the Islamic Republic of Iran. Held the district court had jurisdiction to do so, the panel affirmed.




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Van Buskirk v. The United Group of Companies

(United States Second Circuit) - Vacated and remanded. Because courts may freely permit jurisdictional amendments even at the appellate level, vacated the judgment of the district court and remanded for further proceedings.





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Indie Labels Represent Over A Third Of Global Recorded Music Market

Independent Record Labels Now Represent 38.4% Of Global Recorded Music Market Share In 2016 With Global Revenues In Excess Of $6bn




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Puma Unveils Drum Machine Inspired Sneaker

Legendary Roland 808 Drum Machine Inspires New PUMA Sneaker Style




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How lobbyists and panicked Denverites kept liquor stores and marijuana dispensaries open during coronavirus

A large lobbying effort mobilized almost immediately. Conducted outside the public’s view, its goal was to keep hundreds of stores open, thousands of Denverites employed, and entire industries functioning across the city.




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$558 million in federal coronavirus help arrives on Colorado’s Front Range

In some cases, cities and counties have been hesitant to spend the emergency appropriations, because the federal government hasn't told them exactly how to.





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Connecticut Ironworkers Employers Association, Inc. v. New England Regional Council of Carpenters

(United States Second Circuit) - Vacating the district court's determination that a carpenters union was entitled to summary judgment as to Sherman Act Antitrust charges, but affirmed summary judgment for them as to unfair labor practices charges in a case where the union used subcontracting to include ironworking in their activities because the union did not qualify for the non-statutory exemption to antitrust liability, but qualified for the construction industry proviso.




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Whirlpool Corporation v. US

(United States Federal Circuit) - Partially affirming, partially reversing, partially vacating, and remanding a case in which the Aluminum Extrusions Fair Trade Committee appealed a decision of the US Court of International Trade affirming the scope of the US Department of Commerce ruling holding that Whirlpoo's kitchen appliance door handles with end caps don't fall within the scope of antidumping and countervailing duty orders on aluminum extrusions from the People's Republic of China.




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Empire Merchants LLC v. Reliable Churchill LLLP

(United States Second Circuit) - Affirmed the dismissal of a liquor distributor's claim under the RICO statute against other liquor distributors. The New York metropolitan area's exclusive distributor for many leading brands of liquor brought this suit alleging that two of Maryland's largest liquor distributors were smuggling liquor into New York, cutting into its sales. The district court dismissed the case because the smuggling operation, as alleged, did not directly cause the plaintiff to lose sales, and therefore the plaintiff did not adequately allege proximate cause under RICO. Agreeing, the Second Circuit affirmed.




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Connecticut Fine Wine and Spirits LLC v. Seagull

(United States Second Circuit) - Held that Connecticut law governing liquor pricing is not preempted by federal antitrust law. Affirmed the dismissal of a liquor retailer's complaint, which challenged certain provisions of Connecticut's Liquor Control Act and related regulations.



  • Antitrust & Trade Regulation

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Alarm Detection Systems, Inc. v. Orlando Fire Protection District

(United States Seventh Circuit) - District court's granting of summary judgment and bench verdict for Defendant affirmed. Sherman Act claim fails where the only current feasible way to comply with Chicagoland area city commercial fire safety ordinances was to use an exclusive provider. Under Fisher v. City of Berkeley, government restraints on trade imposed unilaterally do not form the basis of a Section 1 or Section 2 claim.




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Ninth Inning, Inc. v. DirecTV, LLC

(United States Ninth Circuit) - Reversed. Finding the plaintiffs plausibly alleged interlocking agreements injured competition, the panel reversed the district court’s dismissal for failure to state a claim in an antitrust action brought by a class of subscribers to DirecTV’s NFL Sunday Ticket.



  • Antitrust & Trade Regulation

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Shared Society in Israel–Virtual Conference on April 22nd

From old friend and colleague Ran Kuttner, here is a conference in Israel on shared society (scheduled for April 22nd) that most of us would not get the chance to attend but now can since it will be virtual (and the morning is in English)–the link to registration is here! https://www.facebook.com/events/585091012107455/  




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The Coronavirus and the Constructive Conflict Initiative

For many years, Guy and Heidi Burgess have organized a series of projects dealing with difficult, intractable conflicts, and they developed an incredibly rich website of resources. They recently collected the following series of statements about conflict and the coronavirus, including the following.  Here’s a list of the statements with links to each one.  They … Continue reading The Coronavirus and the Constructive Conflict Initiative




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Reflections on Campus Collaboration and Virtual Tools

On April 24 Divided Community Project (DCP) Deputy Director Bill Froehlich and Steering Committee Chair Grande Lum joined HNMCP’s Neil McGaraghan and Kyle Strickland (from the Kirwan Institute for the Study of Race and Ethnicity) to record a webinar session for the ABA’s virtual conference. Bill shares a few reflections on the session which focus … Continue reading Reflections on Campus Collaboration and Virtual Tools




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The Coronavirus Crisis Provides an Opportunity to Adopt Better Systems for Licensing Lawyers than the Bar Exam

The ABA Journal recently published an article entitled Bar Exam Does Little to Ensure Attorney Competence, Say Lawyers in Diploma Privilege State, describing the experience in Wisconsin, the only state that currently has the “diploma privilege.”  Under the Wisconsin rules, in-state law school graduates can become licensed without taking a bar exam.  These graduates must … Continue reading The Coronavirus Crisis Provides an Opportunity to Adopt Better Systems for Licensing Lawyers than the Bar Exam




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Learning More About Fairshake.com

One of the great benefits of teaching law students is that, frequently, they teach you. I’ve been reading my end of the semester seminar papers and learned more about Fairshake, the entity created to help consumers use the arbitration system to obtain settlements (or hearings) with major companies who have agreed to pay the vast … Continue reading Learning More About Fairshake.com




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WORLDS FIRST POETRY OLYMPICS LAUNCHES ONLINE IN AUGUST 2018

The Poetry Olympics Is A Brand-New Initiative Created To Encourage, Inspire And Empower Writers Of Every Style And On Every Level.




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New Course ‘How To Be A Music Supervisor, Or Get Heard By One” Launches On The MusicFirst Platform

The Second Edition Of The Book Music Supervision, And The Newly Launched ‘How To Be A Music Supervisor’ Online Learning Platform, Introduces A Much-needed Educational Resource




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"Tweet... Tweet" - From A Bird Named Diskery

Diskery Gets New Twitter Account





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Chipotle just opened its first drive-thru in Colorado, another one is on the way

"Chipotlanes" are rolling out across the country, at a time when customers can't dine in and want more pickup and delivery options.




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Roy Horn of Siegfried & Roy dies from coronavirus at 75

LAS VEGAS — Roy Horn of Siegfried & Roy, the duo whose extraordinary magic tricks astonished millions until Horn was critically injured in 2003 by one of the act’s famed white tigers, has died. He was 75. Horn died of complications from the coronavirus on Friday in a Las Vegas hospital, according to a statement […]




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US v. Sirois

(United States First Circuit) - Affirmed that a defendant who had violated the conditions of his supervised release by possessing illegal drugs could be re-imprisoned notwithstanding his argument that his drug addiction was a disease. According to the defendant, sentencing him to a new term of imprisonment for manifesting a condition of his disease constituted cruel and unusual punishment in violation of the Eighth Amendment. However, the First Circuit found no support in its precedent for his argument, emphasizing that he had violated the terms of his supervised release by failing three drug tests and being convicted of a state law charge of felony drug possession.




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US v. Irizarry-Rosario

(United States First Circuit) - Held that the government did not breach its plea agreement with a defendant by arguing, at least implicitly, that the agreed-upon 60-month sentence for his weapons charge was too low. The defendant contended that prosecutors undercut the plea deal. Finding no breach of the parties' agreement, the First Circuit affirmed.




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15-Year-Old Maya Farrell To Attempt Being World’s First To Swim 88km Route Across Lake Ontario

Selected Route From Rochester To Brighton Scheduled For July, In Support Of Music Heals




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“The Last Dance” director talks project on Michael Jordan’s Chicago Bulls

The series was moved up two months to provide content-starved fans with something new to watch during the coronavirus pandemic. ESPN was originally planning to release the documentary in June, coinciding with what would have been this season’s NBA Finals.





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“60 Minutes” correspondent Lesley Stahl says she fought coronavirus

CBS News “60 Minutes” correspondent Lesley Stahl said Sunday that she's finally feeling well after a battle with COVID-19 that left her hospitalized for a week.




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Chipotle just opened its first drive-thru in Colorado, another one is on the way

"Chipotlanes" are rolling out across the country, at a time when customers can't dine in and want more pickup and delivery options.




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Three-minute siren test planned for Wednesday in Denver

Denver will conduct a three-minute test of the Outdoor Warning Siren System on Wednesday.




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Why Colorado school districts are serving fewer meals during coronavirus closures

As schools across Colorado closed in March to slow the spread of coronavirus, food service directors and cafeteria workers swung into action, setting up an extensive network that has handed out hundreds of thousands of meals, many of them to families short on food for the first time.




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Denver Center for the Performing Arts cuts staff, cancels shows amid coronavirus shutdown

The Denver Center for the Performing Arts is reducing staffing costs by more than 50% and announcing a new round of show cancellations in an effort to stem millions of dollars in losses due to the coronavirus shutdown.






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Businesses that rent Denver-owned space can delay their payments

Dazbog, the Denver Center for the Performing Arts, Pizza Republica and others that rent city-owned space have the option to defer rent payments for three months this year.




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Metro district board candidates face election challenges because of coronavirus restrictions

The novel coronavirus pandemic has been a challenge for dozens of metropolitan district board candidates across Colorado as they grapple with stay-at-home orders and social distancing impacting their campaigns.




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Kiszla vs. O’Halloran: Would John Elway be dumb to draft for need in first round?

In the first round, Mark Kiszla wants the best player available, with the most Pro Bowl potential, regardless of position, every single time. Is that the right approach?






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Kiszla: Saying goodbye, unable to give a final hug to my dying mother, during the time of coronavirus

During the final minutes of her life, heartbeat fading, my mother was too weak to speak or open her eyes. But 1,500 miles away from where hospice had gently laid her down to die, I felt the strength of her spirit pushing me out the door. So I grabbed cross-country skis from the garage, clicked boots into my bindings and glided across a cold, empty meadow, where I surrendered Mom to the hand of God.







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Coronavirus outbreaks reported at 5 Denver-area jails; nursing home death toll rises to 531

Five jails in the Denver area have confirmed outbreaks of the new coronavirus as of Wednesday, with more than 100 confirmed infections and one death linked to Colorado correctional facilities.




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Keeler: Brian Mullan, ex-Rapids midfielder, now battling coronavirus on the front lines

A toast to Brian Mullan. To Grandma Betty. To the nurses who selflessly, thanklessly, not only keep pulling their weight over the line. But ours, too.