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Essex Insurance Company v. Blue Moon Lofts Condominium Association

(United States Seventh Circuit) - Affirmed. The subject of a legal judgment sought to pursue the doctrine of estoppel to compel their insurer to pay out on the judgment against them from a decade before the policy's active date. They suffered no prejudice from the insurer's action and their case was dismissed.




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Emmis Communications Corporation v. Illinois National Insurance Company

(United States Seventh Circuit) - Reversed and remanded. The district court's entry of summary judgment for a company on a claim of breach of contract against an insurer was overturned because of the court's interpretation of the clause "as reported" to mean a report had been made, rather than referencing events that had already occurred at the time of the drafting.




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Gemini Tech. Inc. v. Smith & Wesson Corp.

(United States Ninth Circuit) - Reversed the district court’s dismissal of an action based on the forum selection clause in the parties’ contract. Held that the district court abused its discretion in overriding the strong public policy in Idaho Code section 29-110(1).




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Smith v. Travelers Casualty Ins. Co.

(United States Fifth Circuit) - Affirmed. An insurer was not liable for contractual and statutory violations arising from the denial of a commercial property insurance claim. The suit was untimely because re-investigation by the insurer did not toll the accrual of the cause of action.




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Limited Ferry Service To Resume On Monday

Starting Monday, May 11th, the ferry service “will resume under a reduced operating schedule with limited passenger capacity.” A...





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Minister: Public Communications During Covid-19

[Ministerial statement by Minister Jamahl Simmons] Mr Speaker, the objective of communicating during a crisis is to get clear and accurate...




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Minister: Public Works Operations During Covid-19

[Ministerial statement by Minister of Public Works Lt/Col David Burch] Mr. Speaker, it was only a few short months ago that the world was hit with a...





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Minister On 6 Megawatt Solar Farm Progress

[Ministerial statement by Minister of Home Affairs Walter Roban] Mr. Speaker, I am pleased to report to this Honourable House on the progress of the...




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30 Minute Video: May 8 ZBM Evening News

With an aim to expand the way they deliver their news to the community, the Bermuda Broadcasting Company is continuing to live stream their evening...




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Premier Burt Sends Letter Of Condolence

Earlier this week, Premier David Burt sent a letter of condolence to the family of the late Speaker of the House of Assembly, Mr. Stanley W. Lowe,...




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Can California’s Air Remain Clean Post Pandemic? Yes, If The State Amps Up Its Climate Goals, Studies Say.

By Ezra David Romero

Air quality across California has visibly improved with fewer drivers on the road because of stay-at-home orders. But when the orders are lifted pollution will likely return to pre-pandemic levels.

Some scientists say we don’t have to go back to having such poor air quality in the state, but they recognize it will take a total mindset change for Californians. The number of miles driven in the state has dropped by around 75% since stay-at-home orders went into place and has resulted in a significant reduction in greenhouse gas emissions, said UC Davis Road Ecology Center director Fraser Shilling.

“We're learning new things about our driving behavior … can we both mitigate the harm from COVID-19 and also mitigate the harm that we cause by burning fuel and causing climate change?” Sterling questioned after analyzing data from Streelight.com. 

Nationally he reports there was a reduction of around 74 billion miles traveled in the U.S. from early March to mid-April. That resulted in a greenhouse gas emissions reduction of 4% nationally for 2020 and by 13% from transportation in about eight weeks. 

If this continues, Shilling says, the reduction of miles traveled could drastically impact our climate goals for the better, including putting the nation on track to meet its annual greenhouse gas reduction goals under the Paris Climate Accord.

He says it’s an interesting position for the federal government to be in where the lack of driving allows the U.S. to meet the goals of the “Paris Climate Accord, and on the other hand, inadvertently exceed the goals ... It's a cool green lining.”

California has a 2050 goal of reducing greenhouse gas emissions by 80% from 1990 levels. Shilling says if traffic remained at stay-at-home levels for a year, the drop in miles traveled would allow the state to meet half of its climate target by 2050.  

The rest of the reductions would come from all sectors of the economy including transitions to bioenergy, offshore wind power, and increased energy storage. A 2019 study highlighted by Stanford University from the group Energy Futures Initiative says meeting the 2050 goals will be “extremely challenging.”

“It's painful to drive less and have less economic activity,” Shilling said. “But when we drive less, and when we work at home, we can start to meet these climate change goals. They're not so far out of the way, out of bounds that we can't achieve them.”

But Shilling says there are negative aspects, depending on how you look at it, including potentially $370 million less state fuel tax revenue.

“The upside for drivers — like I filled my tank a month and a half ago — is we're not spending as much on fuel,” Shilling said. “The less fuel that's sold, the less fuel tax revenue … that money is not available for transportation projects.”

Could California keep its cleaner air?

Researchers at UCLA are taking this idea further. A study came out this week saying that California has all the policies and technology to stop all human-caused emissions by 2050. 

“We think there is a room for California to achieve that goal ahead of the game,” said Yifang Zhu, one of the authors of the peer-reviewed study published in the journal Nature Sustainability

The authors call for increased energy efficiency across all sectors and reducing emissions from energy creation as the core ways to reach the sped up goal. That would mean a “systematic change” in how Californians consume energy and “more stringent” policies.

“We're talking about 85% electrification rate in the residential and commercial sectors, which we’re not even close to [today],” Zhu said. 

Achieving carbon neutrality is part of the United Nations Intergovernmental Panel on Climate Change’s mission to limit the rise in global temperature to 3.6 degrees Fahrenheit above pre-industrial levels by 2100. 

Zhu says, “nothing in our model in the roadmap is something unrealistic” even at a half a century ahead of the global goal. Doing so would mean fast tracking the state’s existing goals and their models show that by 2050 the savings from curbing emissions will exceed the cost by around $109 billion.

“We need to do more than what we're doing today,” Zhu said. “I want to highlight the cost is actually only 50% compared to the monetary benefits and also want to communicate the urgency for California agencies for stakeholders and policymakers to really act.”

Zhu says, even though the study started before the pandemic began, there’s a lesson to be learned from the COVID-19 crisis. 

“It is cheaper and safer to prevent people from catching and spreading this Coronavirus, then to treat huge numbers of severe cases,” Zhu said. “Similarly [with] climate change it is much better to cut down greenhouse gas emissions to prevent global temperature rise than to figure out how to deal with the potential future catastrophic consequences.”

The authors also note the state’s most disadvantage would benefit. According to the study, the state’s top 25% most polluted census tracts would get 35% of the health benefits of improved air quality. It could also, the study says, have a health effect of 14,000 fewer deaths from air pollution related illnesses every year, it could reduce asthma attacks in 1 million children and decrease cardiovascular hospital admissions by 4,500.

“Reducing greenhouse gas emissions in our state will not only slow down global climate change, but more importantly, will improve the air quality and protect people’s health in our local community,” said co-author Bin Zhao, a former UCLA researcher who is now an earth scientist at Pacific Northwest National Laboratory. 




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Federal Trade Commission v. AMG Capital Management, LLC

(United States Ninth Circuit) - Held that the Federal Trade Commission Act could support an order compelling an online payday lender to pay more than $1 billion in monetary relief for unfair business practices. Two of the judges on the Ninth Circuit panel filed a concurring opinion to suggest that the court should rehear the case en banc to reconsider relevant circuit precedent.



  • Consumer Protection Law
  • Banking Law
  • Antitrust & Trade Regulation

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Federal Trade Commission v. Federal Check Processing, Inc.

(United States Second Circuit) - Held that thirteen collection agencies violated federal law in collecting payday loan and other debts. Affirmed summary judgment in favor of the Federal Trade Commission in this civil enforcement action against the collection agencies and their co-owners.




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Valdez v. Seidner-Miller, Inc.

(California Court of Appeal) - Revived an automobile lessee's lawsuit against a car dealership. Held that the dealership did not make a timely and appropriate offer to correct the alleged issue, for purposes of California's Consumer Legal Remedies Act. Reversed a summary judgment ruling.



  • Consumer Protection Law

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Federal Trade Commission v. Consumer Defense LLC

(United States Ninth Circuit) - In an enforcement action brought by the Federal Trade Commission, affirmed a preliminary injunction freezing the assets of companies that allegedly had made deceptive representations regarding loan modification services.




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From Depo-Provera to Natural Family Planning

What I learned about sex, my body, and the rhythms of life.

As this series on contraception comes to a close, Emily Heady offers a Protestant perspective on Natural Family Planning.

When my husband and I married in 2001, we were graduate students with tiny salaries, tiny living quarters, and gargantuan workloads. It was not a good time for a baby. So a few months before our wedding, I showed up at Indiana University’s student health center and said I needed birth control. The nurse practitioner asked me if it was an emergency or if I needed a police referral. “No,” I said. “I’m getting married in a few months, and I want to be used to it by then.”

Although born and raised in church, I had a very anemic theology of conception. We just didn’t talk about it. I had been taught that sex before marriage was bad, but that was about it. Marital sexuality simply wasn’t discussed; neither was birth control or any other blush-worthy subject. As a pro-life evangelical, I hadn’t expected the student health center at the Big Secular School to serve as a complete and reliable guide to human sexuality, but I needed answers, and that was my best hope.

To her credit, the nurse practitioner heard my questions about the mechanisms various drugs used in controlling for birth, then recommended Depo-Provera. If it shut down my cycles altogether, she explained, that would mean that there was no egg to fertilize; if it didn’t, well, we could talk further. It turned out we didn’t have to: Depo did just what she had predicted.

The first time I engaged theologically with questions about married sexuality was as part of the requisite premarital counseling my Catholic spouse and I completed. The eminently practical priest explained that, ...

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Has Mindfulness Supplanted Thoughtfulness?

Love always requires sacrifice.

“Mindfulness” is a buzzword these days. As a recent article in the Sunday New York Times points out:

. . . mindfulness has come to comprise a dizzying range of meanings for popular audiences. It’s an intimately attentive frame of mind. It’s a relaxed-alert frame of mind. It’s equanimity. It’s a form of the rigorous Buddhist meditation called vipassana(“insight”), or a form of another kind of Buddhist meditation known asanapanasmrti (“awareness of the breath”). It’s M.B.S.R. therapy (mindfulness-based stress reduction). It’s just kind of stopping to smell the roses. And last, it’s a lifestyle trend, a social movement and — as a Time magazine cover had it last year — a revolution.

Many Christians will be skeptical of mindfulness simply due to its Buddhist roots, and yet at first glance, there’s something attractive about it. In the midst of an overworked, consumerist culture or production and competition, couldn’t mindfulness offer us all something true and good? Awareness of the present moment—my own emotions, the states of being of those around me, the possibilities inherent in right now—aren’t those all good?

At a glance, sure. And yet, as the author (Virginia Heffernan) of the Times’ piece goes on to note, our current fad of mindfulness is often employed in service of the same work-fueled consumerist values. It will make us, and our children, more productive and less anxious, right?

I think back to my own attempt at greater mindfulness during an exercise “challenge” I committed to with a few friends last year. I pledged to write down everything I was eating and drinking, ...

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For Your Consideration R&B Performance “Permission To Love” Feat. Spencer Battiest By Singer/songwriter Melissa B.

#62ndGrammyAwards #GrammyAwards #GrammyNominations #MelissaB




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Gov. Gavin Newsom’s Midnight Deadline

California’s state legislative session has finally concluded, with Gov. Gavin Newsom signing bills late into the night on Sunday. Included in the bills the governor signed this term are the country’s strongest protections for renters, expanded health insurance coverage and legislation intended to lower the cost of prescription drugs. 

Other measures signed address efforts to prepare the state for impending natural disasters, wildfire safety, economic resiliency and clean drinking water. The governor also vetoed quite a number of bills. In addition, the state has filed over 60 lawsuits — either alone or in conjunction with other states — against the Trump administration, in areas from environmental protection to immigration to funding for the border wall, with many lawsuits still pending. The state has both won and lost several of these suits along the way. CapRadio’s Capitol Bureau Chief Ben Adler, has an update.




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Working with the WordPress admin_body_class function

For some reason, there are multiple functions in WordPress that do similar things but require different approaches. On the surface, you’d think the admin_body_class function would work the same as…

The post Working with the WordPress admin_body_class function appeared first on bavotasan.com.




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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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‘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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Linkfire Announces Partnership With Boomplay, One Of The Biggest Music Streaming Services In Africa

The Partnership Allows Artists, Managers, And Their Teams To See Conversion Data From The Service To View What Fans Do After Clicking On A Linkfire Smart Link.




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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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Interview With Legendary Remixer Marc JB And Simon Bartholomew From The Brand New Heavies

They Tell International Life All About Their Passion For Disco, And Why They Are Producing A Disco Album For The Modern Generation




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A Talk With Tom Silverman On New Music Seminar 2012

NMS Has Been One Of The Choice Places For Music Pros And Artists To Gather And Discuss The Future Of The Music Industry Since Its Creation In 1980




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New MBA In The Music Industry Promises To Meet Music Industry Challenges In The 21st Century

An Interview With Helen Gammons, Program Director For The New MBA In The Music Industry, Henley Business School, London, England




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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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Vasquez v. San Miguel Produce, Inc.

(California Court of Appeal) - Held that temporary workers assigned to pack produce for a produce company must arbitrate their claims alleging labor law violations, because their staffing firm contract mandated arbitration. It was inconsequential that they chose not to name the staffing firm in their complaint. Reversed and remanded with directions to compel arbitration.



  • Dispute Resolution & Arbitration
  • Labor & Employment Law

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Light-Age, Inc. v. Ashcroft-Smith

(United States Fifth Circuit) - Upheld an arbitration panel award to an attorney in a fee dispute with a corporate client. Held that the client waived its challenge to the panel's composition by failing to object at the time of the arbitration hearing.




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Muller v. Roy Miller Freight Lines, LLC

(California Court of Appeal) - Held that a truck driver did not have to arbitrate his claim for unpaid wages. He fell within the Federal Arbitration Act's exemption for transportation workers engaged in interstate commerce. Affirmed the ruling below.



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

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In re Boon Global Limited

(United States Ninth Circuit) - Addressed whether Hong Kong- and Vietnam-based companies could be forced into arbitration in a software development dispute. The issue involved whether nonsignatories may be bound by an arbitration agreement. Denied the companies' request for a writ of mandamus.




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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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Franco v. Greystone Ridge Condominium

(California Court of Appeal) - Reversed. Plaintiffs, employees of Defendant, signed an agreement with Defendant requiring binding arbitration of employment disputes after the complaint was filed. The trial court denied Defendant’s motion to compel arbitration agreeing with Plaintiff that the arbitration agreement referred to future claims not the past ones brought by Plaintiff against Defendant. The appeals court disagreed stating that the agreement to arbitrate was clear and there was no qualifying language as to past or future events.



  • Dispute Resolution & Arbitration
  • Labor & Employment Law

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Timid Joins Japan's Drynage Orchestra For "Forbidden Fruit"

American And Japanese Artists Connect Through Hip Hop




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Timid Collabs With Osaka Japan's Tomie On H.U.G.S.

Tomie's Mission With This Release Is To Display International And Intercultural Unity Through Music And Positive Progress.




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LA-Based Indie Rock/Pop Duo H. Kink Premiere New Video, As Favorable Early Coverage Runs For Debut Album

"‘Wish I Were Here' Is So Engaging, I Can Hardly Believe It's Their Debut"




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New Video About The Making Of Magma's New Album “Zëss” On Limited Edition Gold Colored Vinyl

Limited Edition Of 1500 Numbered Copies On 180 Gram Audiophile Gold Colored Vinyl




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Actress 'Nathalie Dalizien' Announces Upcoming Film Series And Broadway Shows

Nathalie Dalizien Has An Upcoming Film Series That She Produced With Motivation 509 And The Series Will Be Released In All Online Major Stores Soon.




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An Evening With Jesse Charbonier Featuring The Joel Hall Dancers: A Film Premiere And CD Release

Critically Acclaimed Jazz Vocalist Jesse Charbonier Will Be Celebrating The Release Of 'Introducing Jesse Charbonier' At The University Of Chicago’s Reva And David Logan Center For The Arts On Nov. 1




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Why A Little Denomination Hopping Is Not A Bad Thing

Although sometimes frowned upon, experience with other Christian traditions may be just what we need right now.

Sometimes, I’m a little embarrassed to be identified as an American Christian because it feels like we fall into one of two camps: either we hate everything that we are not familiar with, or hate everything that we used to like.

A good example of the former is a controversy that recently sprang up at Gordon College, where undergraduates were scandalized at the introduction of a strange and foreign type of worship experience during their chapel services: gospel music. Yes, GOSPEL MUSIC, one of the oldest and richest liturgical traditions in American faith.

Examples of the latter are too numerous to count. The Christian blogosphere and publishing industry are filled with memoirs of people ranting about how terrible their church experience was growing up, and how their current place and style of worship is what Jesus had in mind all along. When cast in this adversarial light, what should have been personal stories of finding one’s home in faith instead read like a harrowing escape from a doomsday cult, and serve as yet another salvo in our nation’s already raging cultural wars.

These two tendencies have unfortunately come to define Christians in this country, that we either despise everything with which we are unfamiliar, or the exact opposite. But personally, I have never had much of a problem with either, and it’s not because I’m all that great of a person – just ask my wife. It’s probably because I have spent so much time in diverse kinds of churches.

I grew up in the Roman Catholic church, and can still remember the cathedral in which Sunday mass took place. The entire building was constructed in a cruciform shape, the main entrance located at the foot of the cross, and ...

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COVID-19 Weekend Updates / Truckee, Chico Mayor Coronavirus Check-In / Photography During Pandemic

The latest developments in the coronavirus pandemic from weekend across the region. We check in with the mayors of Truckee and Chico on how their cities are managing, and a local photographer offers a window into the lives of her neighbors.




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Rep. Tom McClintock / School Timelines, Sliding Reading Skill Levels / Baking Bread During The Pandemic

Republican California Rep. Tom McClintock on Congress’ coronavirus relief efforts. We check in with a pair of superintendents on prospective timelines for opening their schools, and finding comfort in baking during the pandemic.




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Political Junkie Ken Rudin / Mayor Darrell Steinberg, ‘Family Meal’ / Supporting Hospice Patients

The latest in the presidential race and how the COVID-19 pandemic continues to shape the political landscape. New state and local programs addressing food shortages, and ‘Sunshine Letters’ as a way of supporting hospice patients and their families.




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Queen' Brian May Addresses Bohemian Rhapsody Sequel Idea

Queen guitarist Brian May is sharing his thoughts on the likelihood of a sequel to the band's 2018 biopic




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The Lumineers Colorado Gives Back Livestream Benefit

The Lumineers have announced that they will be staging the Colorado Gives Back livestream benefit