(United States Third Circuit) - Affirmed the denial of habeas relief to a defendant who alleged violation of his Confrontation Clause rights. The defendant, who was convicted of third-degree murder, challenged the use of prior statements of a witness who refused to answer any substantive questions on cross-examination. While agreeing that the defendant's rights were violated, the Third Circuit concluded that his Confrontation Clause claim was procedurally defaulted and there was no cause to excuse the default here.

(United States Third Circuit) - Affirmed a conviction on drug-trafficking charges. Raising a venue challenge, the defendant argued that he could not reasonably have foreseen that conduct in furtherance of the conspiracy would have occurred in the Eastern District of Pennsylvania. Rejecting his argument, the Third Circuit declined to adopt a reasonable foreseeability test for venue.

(United States Third Circuit) - Affirmed the dismissal of a lawsuit brought by investors of a bankrupt company who claimed they were entitled to dividend payments. The investors, who purchased their shares with notice of the bankruptcy, claimed that the company and several of its officers were liable for failing to pay them a dividend they were owed. Rejecting their arguments, the Third Circuit held that the investors were bound by the reorganization plan, including its releases of liability.

(United States Seventh Circuit) - Affirmed in part and reversed in part. A company that was unaware of a debt discharge in bankruptcy was not liable for continuing to attempt to collect on its debt, but one company who was notified and proceeded in state court could be held liable for actions taken by counsel on its behalf.

Colorado lawmakers don't have to meet for 120 consecutive days during a declared public health emergency, the Colorado Supreme Court ruled in a narrow decision Wednesday.

Colorado lawmakers are hopeful that they'll be back at the Capitol as early as May, but they caution that it will depend on the advice of experts and whether the state's state-at-home order is still in place.

The National Western Stock Show's Sheep Lead judges sheep and their human escorts in a contest that stresses the chic side of the industry.

One sign that the pop-up trend has reached the mainstream: Gucci has jumped into the game.

(United States Fourth Circuit) - Affirming the district court's determination that a hospital did not fail to pay funds owed Medicate for the treatment of the plaintiff's mother, despite being a bit late in their payment, meaning that the plaintiff was not entitled to double damages under the Medicare Secondary Payer Act.

(United States Fourth Circuit) - Affirmed an order enjoining the U.S. Department of Health and Human Services from enforcing a Medicaid reimbursement policy that was set forth in a Frequently Asked Questions document. The plaintiff, a hospital, contended that the reimbursement policy was not validly promulgated because there was no formal rulemaking as required by the Administrative Procedure Act. Agreeing, the Fourth Circuit held that the FAQ document was insufficient and that notice-and-comment rulemaking was necessary.

(United States Fourth Circuit) - Affirmed in part and reversed in part a judgment that three police officers were terminated because they blew the whistle on what they viewed as corruption within a police department. After a jury found in the officers' favor, they appealed certain pre-trial and post-trial rulings. The Fourth Circuit held that the trial judge should not have dismissed the officers' First Amendment claims against the town, and also reversed the judge's conclusion that the town's insurance policy covered only $1 million of the aggregate damages.

(United States Fourth Circuit) - Denied a legal challenge filed by environmental groups seeking to prevent the construction of a natural gas pipeline across part of Virginia. The environmental groups argued that the Commonwealth of Virginia had improperly certified that the pipeline project would not degrade the state's water. Unpersuaded, the Fourth Circuit, which had jurisdiction over the case by federal statute, concluded that Virginia's issuance of a Clean Water Act certification was not arbitrary and capricious, and thus denied the environmental groups' petition for review.

(United States Fourth Circuit) - Vacated the lower court's denial of habeas relief in a death penalty case where the defendant alleged juror bias. The defendant, who was convicted in Virginia state court of murdering a law enforcement officer, claimed that a juror had failed to disclose that his brother was a law enforcement officer. Agreeing that there was a potential issue of bias, the Fourth Circuit concluded that Supreme Court precedent required a hearing in these circumstances, and therefore vacated in relevant part and remanded with instructions for the trial court to hold an evidentiary hearing on the juror bias question.

Created By James Hannigan, Award-winning Composer And Game Music Connect Co-founder, Screen Music Connect Builds On The Success Of The Sold-out Game Music Conferences

International Music Industries Signing Of A Mutual Resource Sharing Agreement With Shanghai Conservatory Of Music & The China Records Group

This week's new heavy metal releases include some more deeper cuts than normal with riffs, blast beats, fuzz, and more!
To the metals...

The post THE WEEKLY INJECTION: New Releases From WINTERFYLLETH, BRANT BJORK, and More Out Today - May 8 appeared first on Metal Injection.

When it first made its debut fifteen years ago, this adorable Metallica "Master of Puppets" playset (made by Stevenson Entertainment...

The post Put on Your Own METALLICA Show During the Pandemic With This Mini-'Master of Puppets' Playset appeared first on Metal Injection.

This might be one of the most unique headlines I've ever written but Queen frontman Brian May had to be rushed...

The post QUEENS's Brian May (Literally) "Rips" His Ass "To Shreds," Taken To Hospital appeared first on Metal Injection.

First thing's first: Last week's winner! Congratulations to Metalcore_xxx, who had the best zinger: "The Old Wave Of British Heavy...

The post CAPTION CONTEST: Enter Your Funniest Caption & You Could Win A Free CD From Our Giveaway Pile appeared first on Metal Injection.

A lot of old members are back.

The post MISERY SIGNALS Begins Teasing New Material appeared first on Metal Injection.

Weather forecasters issued a winter weather travel alert and have urged people to only venture out into snowy, slushy roads if it is essential.

Ordior Has Signed Patrick Mathias Aka Password For A World Wide Exclusive Publishing And Administration Agreement!

Ordior Has Signed BlackFaceNaija For A World Wide Exclusive Publishing And Administration Agreement!

Edmund Cotter Has Been Working With The DJ Central, Ordior, And Blue Pie Teams For Over A Year Now, And It’s Time To Give Him An Official Warm Welcome!

Natalie Jean Is A Very Rare Kind Of Vocalist. Winning Recognition Across The Most Diverse Of Musical Genres And Quite Comfortable Performing In English, French, Haitian Creole, And Spanish.

(US 2nd Circuit) - August Term 2018 Docket No. 18-1086

Politically Fueled Debate Leads To A Rogue Social Media Employee

You can reduce water use not by forgoing the recommended eight daily glasses of water, showering less often, or draining the fishbowl but by cutting back on grass, the turf kind, that is.

Don’t drop ball on vaccinations Re: “Immunization rates drop as parents avoid doctor’s visits,” April 24 news story

(United States Second Circuit) - Reversed and remanded. The court concluded the 44 articles at issue were not works made for hire under the Copyright Act of 1976. District Court’s summary judgement in favor of RIT and denying the motion for partial summary judgement by the Estate reversed. Remanded for further proceedings.

(United States Second Circuit) - Affirmed. The application of the Commodity Exchange Act to alleged misconduct in trading of crude oil extracted from Europe’s North Sea is impermissibly extraterritorial.

The U.S. Justice Department can not withhold millions of dollars in federal funding to Colorado law enforcement agencies by attaching immigration-related terms and conditions to securing the grants according to a federal judge's ruling.

The development manager accused of showing favoritism toward a construction bidder on the Colorado Convention Center expansion project has signed a $250,000 settlement with state investigators.

(United States Second Circuit) - Affirming the district court's grant of summary judgment that although Apple and a group of major publishers committed an unlawful antitrust conspiracy there was no antitrust injury that resulted.

(United States Ninth Circuit) - Affirming the district court's dismissal of an antitrust claim alleging anti-competitive activities engaged in by a labor union and a multi-employer collective bargaining association, holding that nonstatutory exemption, the Noerrr-Pennington doctrine, and Sherman Act immunized defendants' activities.

(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.

(United States Ninth Circuit) - Reinstated an antitrust claim against a wholly owned natural gas subsidiary that said it had no knowledge of its parent company's alleged price-fixing scheme that had pumped up the price of gas. The subsidiary argued that it could not be held liable for violating Wisconsin antitrust law because it was not involved in anything unlawful that its parent company may have done. Unpersuaded, the Ninth Circuit emphasized that a parent and a wholly owned subsidiary always act as a single enterprise whenever they engage in coordinated activity, and thus reversed the grant of summary judgment to the subsidiary.

(United States Seventh Circuit) - In a case involving states' power to regulate liquor sales, held that the plaintiffs stated a claim that Illinois unlawfully refused to license out-of-state retailers to ship liquor to consumers in the state, in violation of the Commerce Clause and Privileges and Immunities Clause. Reversed a dismissal and remanded.

(United States Fifth Circuit) - In a healthcare antitrust case, affirmed a protective order that said certain confidential business documents belonging to a non-party health insurer should be unsealed (but redacted) if and when they are filed on the public docket. The non-party sought stronger confidentiality protections.

(United States Ninth Circuit) - Revived a RICO lawsuit brought by importers of garlic who alleged that rival importers had conspired to harm their businesses. Reversed a dismissal in relevant part and remanded.

(United States Second Circuit) - Affirmed. The application of the Commodity Exchange Act to alleged misconduct in trading of crude oil extracted from Europe’s North Sea is impermissibly extraterritorial.

From my wonderful Marquette colleague, professor in social and cultural sciences, Alexandra Crampton, who argues that the very metaphors we use make us less likely to succeed in staying healthy:  As the Covid-19 virus circulates, so have war metaphors. UN and national leaders are using a familiar rallying cry to justify their moral authority, calls … Continue reading Make Health, Not War: In Search of Long-Term Survival →

Does having a woman in charge of a country impact how that country is dealing with the pandemic?   In the midst of the Covid-19 crisis, more than one commentator has noticed that it does.  From Forbes to The Atlantic in the U.S., to think tanks around the world, “feminist leadership matters.” Forbes Magazine wrote just … Continue reading Might the Pandemic (Finally) Change the Leadership Stereotype? →

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 →

Interview With "Love Ghost!"

Clouzine Discovers And Promotes Indie Talents Part Of Discoveries (#16) Tremendous (UK), Jennifer Mlott (USA), And King Fally (Nigeria).

Talking Heads leader David Byrne’s new project, “Theater of Mind,” will miss its scheduled world premiere in Denver later this year, the Denver Center for the Performing Arts said today.

The industry veteran is looking to help grow the next generation of not only promoters and managers, but also entertainment lawyers, accountants, publicists and, naturally, artists.

(United States First Circuit) - Affirmed summary judgment which had denied an employee's Title VII gender discrimination and retaliation claims. A field sales representative for a company in the medical field alleged she was denied a promotion based on her sex and that she was fired in retaliation for asserting her Title VII rights. However, the First Circuit concluded that she failed to present sufficient evidence of unlawful conduct to create a genuine factual dispute.

(United States First Circuit) - Held that the exercise of specific personal jurisdiction over a German company in a trademark infringement action did not violate due process. The German company, which operated an English-language website, argued that it lacked the requisite minimum contacts with the United States. Disagreeing, the First Circuit affirmed the district court's ruling that the exercise of personal jurisdiction was constitutional.