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Municipal Employees' Retirement System of MI v. Pier 1 Imports

(United States Fifth Circuit) - Affirmed. Investors who alleged that Pier 1 Imports was a trend-based fashion retailer with inventory that carried a significant markdown risk they failed to disclose were unable to adequately plead scienter.




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Gupta v. Morgan Stanley Smith Barney LLC

(United States Seventh Circuit) - Affirmed. A former employee alleging discrimination could be compelled to arbitrate his claims because he didn't opt out of the company's arbitration agreement.




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American Bankers Association v. National Credit Union Administration

(United States DC Circuit) - Remanded. A final rule issued by the National Credit Union Administration intended to make it easier for community credit unions to expand their coverage that was opposed by bankers was largely affirmed, but remanded to consider a portion that might impact poor and minority urban residents.




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Stopthemillenniumhollywood.com v. City of Los Angeles

(California Court of Appeal) - Affirmed. Plaintiff challenged a trial court ruling that a proposed development failed to comply with the California Environmental Quality Act. The appeals court found that the trial court did not err in concluding that that the project failed to comply with the CEQA requirement of an accurate, stable, and finite project description.




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Precision Framing Systems Inc. v. Luzuriaga

(California Court of Appeal) - Affirmed. Plaintiff performed framing work on a commercial building owned by Defendant. Plaintiff was not paid for his work and filed a mechanic’s lien. Defendant complained of problems with some of the framing and Plaintiff performed repair work. Plaintiff filed this action to foreclose on its mechanic’s lien. The trial court granted Defendant summary judgment ruling that the mechanic’s lien was filed prematurely, before Plaintiff had ceased work. The appeals court agreed.




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NAF Holdings, LLC v. Li & Fund (Trading) Limited

(United States Second Circuit) - In a dispute arising out of a merger, and in light of Delaware Supreme Court's answer to a certified question that plaintiff was not required to bring its breach of contract claim as a derivative action, the district court's grant of summary judgment in favor defendant is vacated where plaintiff is not barred from pursuing its claim directly.




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ProgStock Festival, The American Northeast's Only Progressive Rock Music Festival, Returns To The Union County Performing Arts Center, Rahway, NJ, October 11-13, 2019

ProgStock Festival Was Founded To Give Artists And Fans In The Genre Of Progressive Rock A Place To Play




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Nat Jay Releases First Single "Sleep" Off Forthcoming Full-length Album

Vancouver-based Singer-songwriter And Recording Artist Nat Jay Releases Electro Pop Song "Sleep"




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Mexico's Mike Rosales Releases "Just Feel"

Mexico's Mike Rosales Seeks To Rock The Underground House Scene With "Just Feel".




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US v. Millennium Pharmaceuticals

(United States Ninth Circuit) - Partly affirming, partly vacating, and remanding the district court dismissal of a False Claims Act action brought against three pharmaceutical companies in a case involving off-label drug use and kickbacks to doctors because claims were substantially similar to those that had already been publicly disclosed, vacating to determine whether the situation qualified for the original source exception.



  • Drugs & Biotech
  • Criminal Law & Procedure

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Spireas v. Commissioner of Internal Revenue

(United States Third Circuit) - Affirming a Tax Court determination that royalties paid on technology license agreements should be treated as ordinary income rather than as capital gains in the case of a pharmaceutical scientist raking it in on liquisolid technologies hoping to avoid paying a significant tax bill.




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Sumitomo Dainippon Pharma Co. Ltd. v. Emcure Pharmaceuticals Ltd.

(United States Federal Circuit) - Affirming that a chemical compound that mirrored a patented chemical compound was encompassed by the description that only portrayed one of the arrangements in the claim.




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People v. Smit

(California Court of Appeal) - In this sentencing reduction for marijuana possession under Health and Safety Code section 11359 case, the 4th Appellate District court reversed the superior court’s order denying defendant’s request to reduce his felony marijuana conviction because of his conviction of four counts of attempted murder. The appellate court held that the conviction for attempted murder in the same case for the marijuana conviction did not render the defendant ineligible for resentencing under the Health and Safety Code.



  • Sentencing
  • Drugs & Biotech
  • Criminal Law & Procedure

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Minder inhoud & meer meta-communicatie door het coronavirus. Is dat erg?

Het is de maand van de meta-communicatie. Door het coronavirus vertellen we niet meer wat we doen, maar hoe we dat doen. Hoe moeten we thuiswerken met kinderen? Hoe kunnen we een online teammeeting inplannen? Hoe blijven we effectief in deze tijd? Deze vorm van communicatie heeft een naam: meta-communicatie. Wat is meta-communicatie precies? Wat […]




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10x populair: videobellen via Zoom, purpose tijdens pandemie & SEO-teksten

Welke whiteboard-tools kun je online gebruiken, hoe kun je veilig videobellen via Zoom, en wat is de beste bedrijfsstrategie tijdens de coronacrisis? Dit – en meer – zijn de best gelezen artikelen op Frankwatching in de maand april. 1. Zoom & privacy: zo kun je veilig videobellen [how to] Zoom stond de afgelopen weken vol […]




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Dé strategie voor een succesvolle onderneming, ook na corona

De coronacrisis luidt een nieuwe werkelijkheid in met een grote economische recessie en een anderhalvemeter-samenleving. Dat vraagt van bedrijven en instellingen een kritische blik op hun visie, ambitie en strategie. Business as usual bestaat immers niet meer. Hoe ziet die nieuwe werkelijkheid eruit? Wat betekent dat op korte en lange termijn voor jouw organisatie? Wat […]




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Alyssa Milano Promotes Debunked Jimmy Kimmel Video Maligning Mike Pence: 'F*ck the GOP and This Administration'

Actress and left-wing activist Alyssa Milano has promoted a deceptively edited video about Vice President Mike Pence that was created by late-night talk show host Jimmy Kimmel -- even though the video has been debunked and Kimmel has publicly apologized for it.




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Expert Suggests Alleged Mastermind of Venezuela's Failed Coup Is 'Double Agent' Working for Maduro

The Venezuelan military defector identified as the ringleader of the botched coup attempt in Venezuela was likely working as a "double agent" for the same man he allegedly attempted to overthrow, socialist narco-dictator Nicolás Maduro, Breitbart News has learned.






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Tom Fitton: Michael Flynn Got Justice Because He had Lawyers Willing to Push Back Against DOJ, FBI

President of Judicial Watch Tom Fitton told Breitbart News that General Michael Flynn only got justice because he had lawyers who "insisted upon it" and pushed back "against the entire political class" in Washington, D.C.




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UK Education Office Argues Christians Should Limit Their Beliefs to Church

The United Kingdom’s Office for Standards in Education, Children’s Services and Skills (Ofsted) argued before the High Court that Christian groups should not allow their religious beliefs to influence their professional activities.




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Chechen Migrant Drags French Policeman Over 60 Feet to Escape Virus Check

A Chechen migrant was arrested in the commune of Montereau-Fault-Yonne after dragging a police officer 60 feet with his vehicle while trying to escape a Wuhan coronavirus lockdown checkpoint.




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Hungary: 'Yes to Protecting Women, No to Gender Ideology, Illegal Migration'

Hungary's parliament has passed a declaration against signing the Istanbul Convention on preventing and combating violence against women because it smuggles in provisions declaring gender a "social construct" and allowing "gender-based asylum claims".




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Italian Nurse on Coronavirus Frontline Raped by Illegal Migrant After Her Shift

An Italian nurse working on the frontline against the Chinese coronavirus was brutally sexually assaulted by an African migrant after finishing her shift and heading to her home.




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Delingpole: Michael Moore Has Become a 'Hero' to 'Climate Deniers', Complains Guardian

"How did Michael Moore become a hero to climate deniers and the far right?" asks a disturbed and tearful George Monbiot in the Guardian. Simple: by speaking the truth, for a change.




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Sanders: 'It Would Be an Economic Disaster' if Trump Didn't Fund Postal Service and It 'Went Under'

On Friday’s broadcast of MSNBC’s “All In,” Sen. Bernie Sanders (I-VT) discussed what kind of economic stimulus should be passed to respond to the coronavirus and stated that it would be “an economic disaster” if President Trump didn’t fund the




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Whitmer Admin Sics Michigan Cops on 77-Year-Old Barber Defying Shutdown

A 77-year-old Michigan barber said he won't stop working "unless he is tasered by the police or Jesus Christ himself walks in" and will continue defying Gov. Gretchen Whitmer's executive orders.




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PA County Commissioner Slams Governor's Orders: Stop Running State as a ‘Dictatorship’

Jeff Haste, Pennsylvania's Dauphin County Board chairman, slammed Gov. Tom Wolf (D) in a letter on Friday for keeping a bulk of businesses closed, particularly in his county, and bluntly called on Wolf to “return our state to the people (as prescribed by our Constitution) and not run it as a dictatorship.”




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Mastermine Software, Inc. v. Microsoft Corp.

(United States Federal Circuit) - In a patent action, construing the term 'pivot table' in relation to two of plaintiff's patents, the district court's 1) claim construction is affirmed as supported by intrinsic evidence; but its 2) indefiniteness determination is reversed because the claims' scopes are reasonably certain.




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US v. Microsoft Corporation

(United States Supreme Court) - Declaring a writ of certiorari petition moot in the case of Microsoft's attempt to avoid providing emails pursuant to a Government warrant investigating the drug trade because a new warrant was issued under a new law that, unlike the old version, permitted the Government to demand emails stored on overseas datacenters under Trump's Clarifying Lawful Overseas Use of Data Act.




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Robles v. Domino's Pizza LLC

(United States Ninth Circuit) - Revived a lawsuit alleging that Domino's Pizza's website and mobile application were not fully accessible to blind or visually impaired persons. The plaintiff, a blind man, alleged that he had no way to order pizzas or other food online. Reversed the dismissal of his claims under the Americans with Disabilities Act and California law.




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Marshall's Locksmith Service v. Google, LLC

(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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UK's Debut Album To Be Released On Limited Edition 180 Gram Vinyl

It Will Be Released On April 21st, And Available Exclusively To Record Store Day Participating Retailers Worldwide.




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Make A Wish With Catherine Duc's 'Stargazing' Remix Of Ben Hobbs' 'Blind To You'

UK Singer/songwriter Ben Hobbs Teams Up With Grammy Nominees Catherine Duc And Gene Grimaldi On His Latest Remix




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Franchise Tax Bd. Limited Liability Corp. Tax Refund Cases

(California Court of Appeal) - Reversed the denial of class certification in a case involving tax refund claims filed by limited liability companies (LLCs) which sought refunds of a levy they had paid pursuant to a California tax statute that was later determined to be unconstitutional. When the district court denied the LLCs' motion for class certification on multiple grounds including predominance and superiority, they appealed. Agreeing with the LLCs that this case was suitable for treatment on a classwide basis, the First Appellate District reversed and remanded for certification of a class or classes consistent with its opinion.




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Mielo v. Steak 'N Shake Operations, Inc.

(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.




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Kaplan v. Reed Smith LLP

(United States Second Circuit) - Addressed a fee dispute between two law firms that had served as co‐class counsel in a securities class action. Affirmed an order enjoining a state court lawsuit in which one of the firms brought claims against the other for tortious interference and unjust enrichment.




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Fresno County Employees' Retirement Association v. Isaacson/Weaver Family Trust

(United States Second Circuit) - Rejected an objecting class member's challenge to the amount of attorney fees awarded to a law firm that represented the class in a shareholder lawsuit. Raising what the court described as a novel issue, the objector contended that the lodestar fee must be unenhanced because the action was initiated under a statute with a fee‐shifting provision.




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Adhav v. Midway Rent A Car, Inc

(California Court of Appeal) - Affirmed. Plaintiff brought a class action against Defendant alleging Insurance Code violations and unfair business practices for the insurance rates Defendant charged in its car rental business. The trial court found no illegal or fraudulent business practice or any economic injury. Judgment was entered in favor of the Defendant.




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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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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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HAWKWIND Collaborator MICHAEL MOORCOCK & THE DEEP FIX Release Third Studio Album

British Author/Musician MICHAEL MOORCOCK Releases Live At The Terminal Café.




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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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Laura Espinoza And Lunden Reign Release New Single Feat. Missing Persons Legend Dale Bozzio

“Somewhere There Forever” Ft. Dale Bozzio By Laura Espinoza And Lunden Reign




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Internationally Acclaimed Soul Artist CORNELL “CC” CARTER To Release New Single “I SEE LOVE” From Upcoming Album ABSOULUTELY

CC Is Now Set To Unleash His Highly Anticipated New Single “I SEE LOVE” On All Digital Services August 9, 2019.




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People v Mitchell

(Supreme Court of California) - Automatic death penalty appeal. Defendant convicted of multiple murders and special enhancements applied. Appeals court affirmed judgment in all respects.




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TRANSFORM YOUR LIFE, TRANSFORM YOUR MINDSET

Dynamic Interviews With Ordinary People Doing Extraordinary Things




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Universal Instruments Corp. v. Micro Systems Engineering, Inc.

(United States Second Circuit) - Held that a medical device manufacturer did not violate the intellectual property rights of a company it hired to help automate its quality testing process. The issue involved reuse of computer source code. Affirmed a JMOL.