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Nutraceutical Corp. v. Lambert

(United States Supreme Court) - Held that the federal rule governing appeals from orders granting or denying class certification is not subject to equitable tolling. The plaintiff contended that his failure to comply with the 14-day limit specified in Federal Rule of Civil Procedure 23(f) should be tolled, because he had acted reasonably in the particular circumstances here. Disagreeing, the U.S. Supreme Court declared that the time limit for appealing class certification rulings cannot be equitably tolled. Justice Sotomayor wrote the unanimous opinion.




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Rel v. Pacific Bell Mobile Services

(California Court of Appeal) - Affirmed the dismissal of a proposed consumer class action lawsuit because the plaintiffs had failed to bring the case to trial within five years, as required by the California Code of Civil Procedure. It did not matter that the class claims had been dismissed within five years.




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Tobias Bermudez Chavez, et al. v. Occidental Chemical Corp.

(United States Second Circuit) - Questions on appeal concern cross-jurisdictional tolling of a class action. Because the appeal presents state law questions that New York’s courts have yet to address, the court certifies the case to the New York Court of Appeals.




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Los Angeles Artist Betty Moon Up For GRAMMY Nomination

The Multi-talented Recording Artist Is Up For Nominations With Her Album Hellucination And Singles “Save My Soul” And “Crazy (What You Make Me)”




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Los Angeles Artist Betty Moon Up For GRAMMY Nomination

The Multi-talented Recording Artist Is Up For Nominations With Her Album Hellucination And Singles “Save My Soul” And “Crazy (What You Make Me)”




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International Duo Channels Past And Present To Win Best Rock Act At World’s Largest Indie Music Awards

Follow No One, Colorado-based Vocalist Rich Hall And Portuguese Guitarist Pedro Murino Almeida, Won Best Rock Act At The 2019 JMAs In Dollywood.




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Crystal Beth Unleashes Her Debut Album PUSH THRU On Trey Gunn's 7D Media

Crystal Beth Is What Happens If You Cross Frank Zappa, Yoko Ono, Patti Smith, And Janice Joplin




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OfficialVybe Will Release New Single, Entitled “Party At Atlantis” Under Roc Nation Record Label

“OfficialVybe Has Successfully Made A Deal With Roc Nation. He Will Release A New Single, “Party At Atlantis” This Year.”




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People v. Bell

(Supreme Court of California) - Affirmed a death judgment imposed on a man who robbed a convenience store and fatally shot the clerk.




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Bevis v. Terrace View Partners, LP

(California Court of Appeal) - Reversed most of a judgment against a mobile home park. The residents contended that the park breached their contracts and violated various laws, and a jury rendered a verdict in their favor. However, the California Court of Appeal held that the award of damages could not be sustained under any of the theories of liability presented to the jury.



  • Property Law & Real Estate
  • Consumer Protection Law
  • Contracts
  • Property Law & Real Estate
  • Consumer Protection Law
  • Contracts

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Auto Driveaway Franchise Systems, LLC v. Corbett

(United States Seventh Circuit) - Affirmed. A franchise's preliminary injunction against a franchisee operating a competing company was upheld in a lawsuit over the franchisee's alleged violation of franchise agreements. The district court should have included more detail regarding the likelihood of success on the merits by the movant, but there was enough to establish that the order wasn't an abuse of discretion.




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Liberty Mutual Fire Insurance v. Fowlkes Plumbing

(United States Fifth Circuit) - Certified. The state Supreme Court was asked how they would interpret the subrogation waiver in common form contracting agreements, a question that has split courts nationwide.




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Video: May 8th Bernews Morning Newsflash

118 confirmed Covid-19 cases in Bermuda, Swizzle South Shore to close down permanently, House of Assembly in session today, Colonial to...




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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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Sail Bermuda: 20% Off For Essential Workers

Essential workers are being given a 20 percent discount on a luxury catamaran charter as a ‘thank you’ by Sail Bermuda for their work during the...




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Bermuda Housing Corporation Cashier Hours

The Bermuda Housing Corporation has opened its Church Street offices for payments only. A spokesperson said, “The Bermuda Housing Corporation has...




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Huckleberry Restaurant Launches Online Store

Huckleberry Restaurant & Rosedon Hotel recently re-launched its curbside pick-up service with a new online storefront at HuckleberryBDA.com. A...




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Bermuda Stock Exchange Report: May 8 2020

May 8 saw 126 shares trade on the Bermuda Stock Exchange, valued at $3,886.50 BD. 126 shares were traded by Ascendant Group Limited, closing down...




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Video: May 9th Bernews Morning Newsflash

Man shot in Warwick, 118 confirmed Covid-19 cases in Bermuda with five care homes now affected, Minister Curtis Dickinson updates on Covid-19...




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Bermudian In China Supports Skills Competition

Darren Burchall, a former national youth team footballer who now teaches in Shenzhen, China, recently took the time to salute those taking part in...




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Column: Celebrating All Of Bermuda’s Mothers

[Written by Gwendolyn E Creary] Happy Mother’s Day! Wow! This year marks 28 years that I have officially celebrated Mother’s Day, but technically I...




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All Californians Will Get Mail-In Ballots For November Election

By Drew Sandsor

Updated 4:45 p.m.

For the first time, every eligible voter in California will get a mail-in ballot, Gov. Gavin Newsom announced Friday during his daily coronavirus briefing. 

Newsom signed the executive order Friday, saying it was a matter of voter safety.

"Not to feel like they have to go into a concentrated, dense environment where their health may be at risk, we'll provide an additional asset, an additional resource, by way of voting by mail," Newsom said.

Newsom said there will be physical voting sites as well with safety measures put in place to protect against the spread of COVID-19. Newsom's executive order is solely for the November general election.

Voting by mail has been steadily increasing. During California's March statewide primary, a record 72 percent of the ballots cast were mail-in.

Newsom held his daily briefing at a Sacramento florist shop that reopened Friday under the state's next phase of economic recovery. It allows non-essential retailers to offer curbside service.

In his remarks, Newsom said the 14.7% national unemployment rate doesn't represent the true number of those out of work. The jobless figure released Friday is the highest since the Great Depression. He said that 4.3 million people have applied for unemployment in California alone since mid-March, and that's on top of those who were already out of work.

"When you add 4.3 million people to a workforce that's north of 18 million … do the math," he said. "We're not at 14.7%. The state of California is north of 20% right now."

While President Trump has continually praised Newsom's handling of the pandemic he criticized the governor Friday. Trump said he thinks the state can move a little quicker on reopening and that people may force the issue. 




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‘Just Be Courteous’ — CapRadio Answers Your Questions About Anxiety, Who To Listen To And What Precautions To Take As The Stay-At-Home Orders Begin to Lift

By Ezra David Romero

As the state slowly begins to reopen there’s a lot of mixed messages about what it means for Californians because counties, cities and the state are opening at different paces. 

CapRadio recently asked our audience about what concerns them about the reopening beginning to take place. We heard everything from California is opening prematurely so officials should take more caution to relief that some people can go back to work. 

There was an air of anxiety in their responses like this: “I think it is too early, and people just need to calm down. We need more testing before we start making plans to reopen so we can know what we are dealing with.”

Our listeners noted that they’re concerned because there are new transmissions and deaths from COVID-19 almost daily in the state. As of May 6 there were 60,614 cases in the state and 2,504 deaths. 

But how do we move forward? CapRadio’s region encompasses many counties and two states all with different rules. Imagine living in one county with a strict stay-at-home order and working in another where restrictions are limited. That’s the reality for many of our listeners and it’s producing anxiety for some.

We reached out to experts to find out how to meander through all the noise, news and changing guidelines.

What we looked into:

Experts:

Sarah Jaquette Ray - Author, A Field Guide to Climate Anxiety: How to Keep Your Cool on a Warming Planet 

Paul Smaldino - Assistant Professor of Cognitive Science at UC Merced. He studies the interaction between individual behavior and social organization, with a perspective rooted in evolutionary ecology and complex systems.

Holly MartinezDirector of Programs and Advocacy with the California State Parks Foundation.

Kathyrn G. Kietzman - research scientist at the UCLA Center for Health Policy Research. Emphasis in elder health. 

John Swartzberg - an infectious disease specialist at the UC Berkeley School of Public Health.

How to find meaning within this crisis and how to fight off anxiety

Make a list.

That’s the advice Sarah Jaquette Ray is giving people who are dealing with anxiety because of the pandemic. The list should include all the things that are going well, because it will hopefully lift you out of the mundane. 

“Every morning I try to write down a couple of things that I'm going to look forward to that day,” Ray said. “Even if it's as simple as like making lunch for my kids or something dumb like calling my mom … it kind of marks points in my day that are a little bit more redolent with meaning for myself.”

The goal is to milk the value out of what we can control in our lives, Ray said. She recently wrote a book about climate anxiety and she says COVID-19 isn’t too different. 

“Climate change is going to unleash a lot more pandemics,” she said. “There's a direct kind of scientific connection. But in terms of the immediate threat that we feel with COVID, most people don't really feel that with climate change.”

She says people should see pandemics as part of climate change. But she says not to get too caught up in that and think about ways to overcome anxiety. She recommends only consuming media so often, because it can be overwhelming, disruptive and confusing for people.  

“We should be really thoughtful about the media that we consume and be quite disciplined about that because the media that we're consuming is known for trying to capture our negative attention,” she said. “We are also more inclined neurologically to focus on negative news … so we really need to be deliberate about the media that we consume.”

Lastly she says people should focus on what they can control because “that will distract us from a lot of the anxiety and worry, which is going to be there anyway.”

Precautions moving forward

With so many recommendations out there from local, county and state leadership, CapRadio decided to ask public health experts about how to go about life as the economy reopens. 

John Swartzberg, an infectious disease specialist at the UC Berkeley School of Public Health, says it can be hard to know what to do because there is no recent playbook on how to deal with the pandemic. 

“So the next best thing is to turn to people who are making decisions based upon good solid data as opposed to the kind of information we're getting out of the White House,” Swartzberg said.

He applauds how California dealt with bending the curve and he says “we can’t shelter in place forever,” but going back to work may mean a second wave of transmissions. As the pandemic lingers and some people return to their jobs he says it’s still important to socially distance, to use masks and to wash your hands. 

“I worry that people think that if they're wearing a mask, they don't have to be very careful … and that's not the case,” he said. “The mask will help prevent somebody else from transmitting it to you.”

But he says California hasn’t tested enough people and that “without rigorous testing, we may see the curve starting to go up, then we immediately have to pull back.”

Swartzberg reiterated that the virus is still here and we don't know what percentage of the American population has already been infected with it.

“Our best guesses are somewhere between 3 and 5%, which means there's somewhere between 95 and 97% of the American population still susceptible to this virus,” he said. “Nothing has substantially changed since this pandemic began. Nothing.

“It's hard to believe it won't happen, that people are going to get infected in large numbers again.”

Paul Smaldino, a professor who studies collective social behavior at UC Merced, is also concerned a second wave could take place. He recommends taking any precaution you can because this is about protecting each other. 

“Wearing a mask is going to dramatically decrease the chance that you infect someone else; and I think that framing often gets lost,” he said. “You should also think about the fact that if you're sick, you have a responsibility to other people to not infect them. Not just because you're a nice person or whatever, but because we are all part of a society.”

He recognizes needs are different for each community. For example, a rural town might need different rules than a metropolis.

“We also need to remember that we're connected, right?” he questioned. “Just because you live in a low population area doesn't mean you don't have the possibility of infecting someone or being infected by someone in a high population area, even if you yourself aren't going between those areas [because] people still travel.”

How do vulnerable communities move ahead? 

CapRadio also received a lot of questions about seniors and disadvantaged communities that are more prone to catching COVID-19. Some said they’re “scared about more infections and the disproportionate impact on people of color.” Others have illnesses or are of an age that make them more vulnerable and are “not not sure when it will be actually safe to go out or when can we allow family members to visit?”

Kathryn Kietzman studies elder care at UCLA and says it’s very important that vulnerable communities take extra precaution. That may mean staying indoors a lot longer than everyone else. 

“I think that seniors and people of all ages with health conditions need to really proceed with caution and to not assume that because things are starting to open up that means we're free and clear,” she said. 

Because there's so many unknowns, like when a vaccine will be available, she says it’s important for seniors and their loved ones to stay the course.

Kietzman says “it’s a big risk to” open up the economy, because “you can't bring back a life. So, for me, the scales need to be balanced toward protecting and saving lives at all costs.”

For anyone dealing with sickness or 65 years of age or older she recommends talking to your doctor before you follow any order saying you can leave your home. 

“They may be able to help you without you having to leave your home to get evaluated,” she said. “Seniors and others with underlying health conditions that need attention, need to consult a doctor … to find out what can be done in response to their immediate health needs.”

She says it’s still very important to keep seniors in mind and to help them, because they will most likely be the last people to undergo a lifting of stay-at-home orders. 

“If stores are opening up that weren't open before, and an older adult has a need for something, enlist a family member or enlist a caregiver to get those things,” she said. “I would still recommend staying as close to the original stay at home guidelines as possible.”

For any seniors needing someone to chat with she recommends calling the Friendship Line. It’s a 24-hour hotline designed for older adults to have someone to reach out to when feeling anxious or to get information. That number is 1-888-670-1360

Is it safe to go out into the natural world?

Californians love the outdoors. It’s been hard for many to shelter-in-place when some of the best trails, parks and beaches in the world are so close by. 

CapRadio listeners who enjoy the outdoors or live in rural areas are concerned as well. They are worried about people bringing the coronavirus to places like Lake Tahoe, which could have lasting effects on the economy there.

There’s been a lot of confusion, or desire, about where people can recreate during the shelter-in-place orders. Holly Martinez, director of programs and advocacy with the California State Parks Foundation, says that’s because “most Californians don't typically understand the difference between a city, county, regional, state or national park.”

Martinez’s advice is simple. Check to see if the area you want to visit is open before you leave. And if you’re sick stay home no matter what the order for your area is. 

“Don't go outside — that is a really important thing even if you have face covering or gloves, it's just better to be safe than sorry to not expose other people to whatever illness you might have,” she said.

If you are feeling well and choose to hike a trail or visit a beach she says only go with the people you live with. 

“Don't take that risk to expose others who might be carrying the virus and not even know it,” she said. 

When people go outside she recommends wearing a mask and gloves, especially when visiting areas with lots of people. She also says to bring hand sanitizer and lots of water because fountains will likely not be running.  

When hiking, visiting a park or laying out at the beach she says to stay six feet away from people and to make sure your presence is known.

“If you're approaching somebody, simply say hello and move aside giving the other person six feet of space to move by,” she said. “Just be courteous … and be very communicative about your presence so that people are clear that you're there and that we're respecting each other's space so that we can all enjoy these incredible places.”

CapRadio's Helga Salinas contributed to this report.




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Sonner v. Schwabe North America, Inc.

(United States Ninth Circuit) - Revived a consumer's claim that certain nutritional supplements were falsely labeled as capable of improving cognitive functions when in fact they provided no such benefits. Reversed the entry of summary judgment, allowing class claims under California law to proceed.




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Bevis v. Terrace View Partners, LP

(California Court of Appeal) - Reversed most of a judgment against a mobile home park. The residents contended that the park breached their contracts and violated various laws, and a jury rendered a verdict in their favor. However, the California Court of Appeal held that the award of damages could not be sustained under any of the theories of liability presented to the jury.



  • Property Law & Real Estate
  • Consumer Protection Law
  • Contracts
  • Property Law & Real Estate
  • Consumer Protection Law
  • Contracts

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Hanna v. Mercedes-Benz USA LLC

(California Court of Appeal) - In a car purchaser's successful lemon law suit, held that the trial court used an improper method to determine reasonable attorney fees. Remanded for a recalculation of the fee award.




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CTIA - The Wireless Association v. City of Berkeley

(United States Ninth Circuit) - Affirmed. An organization of wireless providers appealed the district court's denial of a preliminary injunction in their challenge of a Berkeley ordinance requiring cell phone retailers to warn potential buyers that carrying a phone could cause them to exceed FCC guidelines for exposure to radio-frequency radiation.




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Benton v. Benton

(California Court of Appeal) - Dismissed. Plaintiff and Defendant were married and shared a dental practice. When they divorced they each opened competing dental practices. Plaintiff filed suit alleging misappropriated trade secrets, economic damage, and unfair competition. Defendant brought an anti-SLAPP motion on the grounds that advertising and notices to patients were protected activities. The trial court found that anti-SLAPP motion fell into the commercial speech exemption under CCP section 425.17. The appeals court agreed stating that the commercial speech exemption was not immediately appealable and therefore the appeals court had no jurisdiction to hear the appeal.




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Rachael Sage Releases New Single, All Proceeds To Benefit Women's Cancer Research

Rachael Sage Has Released A New Single, “Bravery’s On Fire" After Revealing Cancer Diagnosis; All Proceeds From Single And Charity Shows To Benefit Women's Cancer Research.




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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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BET.com - B*Real




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CapChat: Santa Anita Horse Deaths / Uber Pilots New Pricing / State Of The State

Today’s CapChat looks at three current issues. 

First, with horse death investigations underway at Santa Anita Park, three more deaths have occurred in recent days. Since December 2018, there have been a total of 42 deaths at the park. California Gov. Gavin Newsom signed a law in June of 2019 allowing the state to suspend horse racing at tracks with dangerous conditions. That has, as yet, not happened at Santa Anita.

Next, in a new pilot program, Uber is giving some of its driving contractors more control by letting them set their own rates. Drivers at the Sacramento, Palm Springs and Santa Barbara airports can increase rates in ten percent increments, with a cap. Depending on results, Uber could expand this to other airports. This is an effort to clarify that Uber drivers are independent, not employees, since the implementation of AB 5 on Jan. 1, 2020.

Third, with the impeachment trial underway in the U.S. Senate, the date of President Donald Trump’s State of the Union somewhat uncertain, Newsom has yet to set a date for his own annual State of the State address. 

Guests

  • CapRadio State Government Reporter Scott Rodd




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Themes By Bavotasan Is Becoming Bandicoot Pro

In November 2017, we here at Bandicoot Marketing acquired Themes By Bavotasan from Chris. It was great to meet Chris during the acquisition and hear about all of the hard…

The post Themes By Bavotasan Is Becoming Bandicoot Pro appeared first on bavotasan.com.




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Rua Das Pretas Releases Beautiful New Album, Video; MOJO: “This Is A Very Different Beast”

When These Lisbon-based Musicians Perform It’s Not A Show, It’s A Party, And It's Not A Party, It's A Gathering Rua Das Pretas Is A Lisbon-based Gathering Of International Musicians.




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‘BELIEF: LIVES AND STORIES OF MONTANA’S SALISH WOMEN’ Coming To Off-Broadway In September

One-woman Show Featuring Salish Tribal Member Julie Cajune Draws From Life Experiences And True Stories Of Generations Of Native American Women




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JIRGA Original Motion Picture Soundtrack By AJ True Nominated “Best Music” In The Film Critics Circle Of Australia Awards

The JIRGA Score Was Nominated ‘Best Music’ In The Film Critics Circle Of Australia Awards (FCCA).




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Oregon Reggae Band INDUBIOUS To Release Their New Full-Length Album BELEAF Featuring Special Guests Satsang, The Elovators, And Michael Leslie

BELEAF, Which Releases In Stores And Online Worldwide August 16, 2019, Is A 14-track Powerhouse That Promises To Be Their Strongest, Clearest, And Most Authentic Work Yet.




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Ethereal Wave & Neo-psychedelic World Beat Artist, Simrit, On Tour For New Album Release/Upcoming Concerts

Ethereal Wave & Neo-Psychedelic World Beat Artist, Simrit, Set To Release Her Seventh Full Length Album, 'When We Return', In Early November 2019




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Mark Messam Releases New Single 'Best Friend'

The Music Artist Known As Mark Messam Has Released His Latest Single, “Best Friend.”




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Eric Benét Gets Intimate About "The One"

With Six Solo Albums, Four Grammy Nominations, Over Twenty Years In The Music Industry And Launching His Own Record Label




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Hollywood Heavyweights Launch New Christian Music Label

Their Debut Release, Firma Collective - Songs For Every Soul, Was Produced By Mgrdichian And Mixed By The Legendary Brian Reeves




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New Spanish Pop Single "Mirame Ft Amilcar" By Bekim!

Producer Bekim! Releasing Masterpiece Single With Amilcar Singing




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Nieto v. Fresno Beverage Co., Inc.

(California Court of Appeal) - Held that a former delivery driver for a beverage company did not have to arbitrate his wage-and-hour lawsuit. His case fell within a statutory exemption in the Federal Arbitration Act that applies to transportation workers engaged in interstate commerce. Affirmed the denial of the company's motion to compel arbitration.



  • Transportation
  • Dispute Resolution & Arbitration
  • Labor & Employment Law

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Lambert v. Tesla, Inc.

(United States Ninth Circuit) - Held that racial discrimination claims under 42 U.S.C. section 1981 may be subjected to compulsory arbitration. The plaintiff in this employment discrimination case contended that Section 1981 claims cannot be forced into arbitration. Disagreeing, the Ninth Circuit affirmed an order compelling arbitration.



  • Dispute Resolution & Arbitration
  • Labor & Employment Law

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Rua Das Pretas Releases Beautiful New Album, Video; MOJO: “This Is A Very Different Beast”

When These Lisbon-based Musicians Perform It’s Not A Show, It’s A Party, And It's Not A Party, It's A Gathering Rua Das Pretas Is A Lisbon-based Gathering Of International Musicians.




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B4U Kadak Brings Action-packed Blockbusters This September

E B4U Network, Popularly Known For Bollywood Music And Movie Channels, Has Recently Launched A New Film Channel B4U Kadak. The Channel's Performance And Viewership Has Grown So Much That It Has B




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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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Benita Charles: My Musical Journey To Love At Harlem Library - Oct 5th

NY-Vocalist, Benita Charles Will Be The Featured Artist For The Concert & Speaker Series At The Harlem Public Library On Oct 5th.




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Really, It's Okay To Be Single

In order to protect marriage, we should be careful not to denigrate singleness.

*** I wrote this last year on the occasion of my wife's and my 10-year anniversary. It's now our 11-year anniversary, and I thought I would repost it as it's an important topic to revisit. ***

Tomorrow is my 10 year wedding anniversary. 10 years is an important anniversary for any couple, but doubly so for us as just a few years ago, I was terrified that we would not make it this far. But lo and behold, we have arrived at this important milestone, and my wife is still healthy and cancer-free. I love Carol to bits, and am so thankful for every year, really every day, that we spend together.

At this point, you would probably expect me to gush about my wife and our marriage for another thousand words, but I actually want to do something quite different, even the opposite: I want to talk about the value of singleness in the Christian faith. I know it is a strange subject for a happily married man to talk about on the occasion of his anniversary, but perhaps that makes what I have to say all the more relevant, that a happily married man might feel it is vital to make this point.

It seems to me that the evangelical church places marriage on something of a pedestal, describing it in elevated terms, and investing enormous amounts of time and resources into strengthening that institution. I wasn't born in the evangelical movement and so don't know if it was always this way, but I would guess that this was a response to cultural developments of the past few decades, both the rising prevalence of divorce as well as co-habitating couples. These dynamics did legitimately threaten a biblical understanding of marriage, and still do. And so it was only natural that the church would shift its attention to marriage, ...

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