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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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Student Lessons on Distance Mediation

I’m happy to share this reflection from my colleague Natalie Fleury who runs our small claims mediation clinic which, as elsewhere, was forced to distance mid-semester.  I expect we will all have lessons as we move forward and plan for the fall semester as well! “Could we try and mediate over the phone?” I was … Continue reading Student Lessons on Distance Mediation




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The Importance of Privacy

What do you have to hide?  That’s an issue raised by two comments about my post, Communication, Privacy, and Community in the New Normal. One commenter asked, “What if the government or a private group knowing your real-time biometrics could save lives?  Why do we hold the privacy of such data in such high regard?” … Continue reading The Importance of Privacy




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Issuance of Title IX Rules Governing Educational Institutions

The Department of Education today issued the long-awaited rules governing the administration of Title IX in universities and K-12. According to the press release, the “key provisions” of the Department of Education’s new Title IX regulation are: Defines sexual harassment to include sexual assault, dating violence, domestic violence, and stalking, as unlawful discrimination on the … Continue reading Issuance of Title IX Rules Governing Educational Institutions




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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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Soundfly Launches New ‘The Art Of Hip-Hop Production’ Course In Partnership With Splice

Soundfly Offers New Hip-hop Production Class Taught By Charles "Blvk Samurai" Burchell With Two Free Months Of Splice Samples Included.





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Micheo-Acevedo v. Stericycle of Puerto Rico, Inc.

(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.




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Rivera-Rivera v. Medina and Medina, Inc.

(United States First Circuit) - Reinstated an employee's claims that she was harassed based on her age and retaliated against in violation of both federal and Puerto Rico law, claims which had been dismissed on summary judgment. The employee argued that there were genuine disputes of material fact. In reversing summary judgment, the First Circuit agreed with the employee's argument that genuine disputes of material fact existed as to certain claims.



  • Labor & Employment Law

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Jimenez-Castaner v. Liberty Mutual Insurance Co.

(United States First Circuit) - Reinstated a lawsuit alleging that an insurance company wrongfully denied coverage to a hospital medical director under a Directors and Officers insurance policy. The insurer argued that the loss was not within the scope of the insurance policy because it pre-dated the policy. Unpersuaded, the First Circuit vacated the entry of summary judgment for the insurer and remanded the case for further proceedings.




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Peaje Investments LLC v. Financial Oversight and Management Board for Puerto Rico

(United States First Circuit) - Held that a Puerto Rico Highways and Transportation Authority bondholder did not hold a statutory lien on certain toll revenues. The bondholder contended that, in response to Puerto Rico's financial crisis, the Puerto Rican government was diverting toll revenues to which the bondholder was entitled under a lien and using them for purposes other than paying the bonds. However, the First Circuit concluded that the bondholder held no statutory lien on the toll revenues.




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Financial Oversight and Management Board for Puerto Rico v. Ad Hoc Group of PREPA Bondholders

(United States First Circuit) - Vacated an order denying a request by Puerto Rico Electric Power Authority (PREPA) bondholders for relief from an automatic stay. The bondholders argued that a statute enacted by Congress to address Puerto Rico's financial crisis did not preclude them from obtaining relief so that they could petition another court to place PREPA into receivership. Agreeing, the First Circuit held that the district court erred in concluding otherwise.




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Medical Mutual Insurance Co. v. Burka

(United States First Circuit) - Held that a professional liability insurer had no duty to defend a physician who was accused of improperly accessing his ex-wife's medical records so he could harass and embarrass her. In this declaratory judgment action, the insurer argued that it had no duty to defend the physician from his ex-wife's legal claims, which had been filed in state courts in Maine and Maryland. The First Circuit agreed that the matters fell outside the insurance policy's coverage, and affirmed summary judgment for the insurer.




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Newman v. Lehman Brothers Holdings Inc.

(United States First Circuit) - Affirmed the dismissal of an employee's claim brought under the whistleblower protection provisions of the Sarbanes-Oxley Act of 2002. An employee of an investment brokerage firm claimed that she suffered retaliation after she reported to her supervisors and a company hotline that she suspected certain coworkers to be in violation of federal securities law. Agreeing with the district court, the First Circuit held that her whistleblower claim failed because she did not exhaust administrative remedies before bringing the claim.




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Harry v. Countrywide Home Loans, Inc.

(United States First Circuit) - Affirmed the dismissal of a homeowners' action to void a mortgage and enjoin their property's foreclosure sale. The lenders argued that the homeowners had waited too long to assert their claims under the Real Estate Settlement Procedures Act, the Truth in Lending Act, RICO and other statutes, because they entered into the mortgage in 2005 and defaulted on it in 2009. The First Circuit agreed that their claims were time-barred, rejecting the homeowners' fraudulent concealment argument and other attempts to escape the time bars.




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Gustavsen v. Alcon Laboratories, Inc.

(United States First Circuit) - Affirmed the dismissal of a consumer complaint alleging that manufacturers of prescription eye drops deliberately designed their bottles to emit unnecessarily large drops in a ploy to force patients to waste the expensive medication and thus buy more of it. Moving to dismiss on preemption grounds, the manufacturers contended that the Food and Drug Administration would have to approve any modification of the medication's bottle. Agreeing, the First Circuit held that FDA regulations preempted the plaintiffs' state law claims seeking to force a change in the bottle design.



  • Consumer Protection Law
  • Health Law
  • Drugs & Biotech

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Doe v. Harvard Pilgrim Health Care, Inc.

(United States First Circuit) - Reinstated a lawsuit alleging that a health insurance company improperly denied coverage for in-patient mental health services. After several unsuccessful administrative appeals, the insured sued the insurance company under ERISA, claiming that all of her time spent at a mental health residential treatment facility was medically necessary and thus should have been covered under an employer-provided healthcare plan. On appeal, the First Circuit vacated an order granting summary judgment for the insurance company, holding that the district court should have allowed the insured to supplement the administrative record.




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Plixer International, Inc. v. Scrutinizer GMBH

(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.




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National Federation of the Blind v. Container Store, Inc.

(United States First Circuit) - Affirmed the denial of a retail chain's motion to compel arbitration of a proposed class action brought by blind customers. The retailer moved to compel arbitration of the discrimination lawsuit, citing an arbitration provision in the terms and conditions of a loyalty program of which the individual plaintiffs were members. However, the district court concluded that the arbitration provision was not enforceable here, and the First Circuit found no error in that ruling.




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Prince Amine - "Fuego"

A Review Of "Fuego" By Canadian Artist Prince Amine




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D.O.A. Headline 1st Annual Fight Back Festival In Vancouver, B.C.

Sudden Death Records Is Proud To Present The First Annual Fight Back Festival, Friday July 6th At The Rickshaw Theater. Vancouver’s Punk Pioneers D.O.A. Who Are Celebrating Their 40th Anniversary Will




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Prince Amine Opens For Maitre Gims - Announces New Album

Canadian Singer Prince Amine Announces New Album And Will Be The Opening Act For Maitre Gims On May 4th




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Canadian Americana Artist Tia McGraff Announces August CD Release Party In Windsor, Ontario

Award-winning Canadian Singer-songwriter Tia McGraff Has Announced Her CD Release Party For New Album, "Stubborn In My Blood," (out August 13th.)




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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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Guest Commentary: Once again, we must ask what we can do for our country

Sixty years ago, a young president urged us to ask what we could do for our country. We have not heard that challenge since. But now our health and economic threats require us to renew that challenge and recover the ideal of service.




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Denver Center for the Performing Arts cancels or postpones all shows through April 12

The Denver Center for the Performing Arts, one of the country's largest nonprofit theater organizations, is shuttering many of its 2019-2020 shows in light of new public health guidelines provided by the state and city during the coronavirus pandemic.




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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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“Book of Mormon” cancels Denver summer dates amid national tour’s demise

The Tony-winning, nationally touring Broadway musical "The Book of Mormon" on Tuesday canceled its Denver dates amid a cross-country shutdown related to the coronavirus pandemic.




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DCPA postpones “Hamilton” ticket sale two days after announcing it

Two days after announcing it, the Denver Center for the Performing Arts is postponing public sales of tickets for the touring Broadway musical “Hamilton.”





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Kiszla: In most crucial NFL draft for John Elway, here’s what Broncos need to get back in playoffs

After 10 years, has John Elway finally figured out the NFL draft? Broncos Country better hope so.




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Kiszla: Jeudy! Jeudy! Jeudy! Broncos get lucky, make Grade A pick and land best receiver in NFL draft.

Not to suggest the Broncos and John Elway got lucky with the 15th pick in the NFL draft, but when Denver was on the clock, any Goober could’ve screamed the obvious choice:






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Kickin’ It with Kiz: What good are Broncos’ shiny new toys if Garett Bolles gets quarterback Drew Lock hurt?

The Broncos had five picks among the top 95 selections in the NFL draft, and director of football operations John Elway couldn’t find a single prospect at offensive tackle worth taking? If Garett Bolles or Elijah Wilkinson is the answer at left tackle, the real question is: Can quarterback Drew Lock stay healthy for 16 regular-season games?




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Grading Broncos’ 2020 NFL draft: The Post’s sports staff weigh in on John Elway’s weekend

The Post's sports staff weigh in with grades for the Broncos at the conclusion of the 2020 NFL draft.




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Keeler: Jerry Jeudy and the Broncos are huge hits with Colorado sports gamblers, too

When FanDuel asked, Will the Broncos Make the Playoffs?, 97% of the weekend action among Colorado bettors was on “Yes.” These days, if you can’t trust your heart, trust your gut.




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Aurora ICU nurse Gabby Windey, a Broncos cheerleader, earns Denver Outlaws honor

Aurora ICU nurse Gabby Windey of Boulder was selected by the Denver Outlaws as their honorary ninth-round pick in the 2020 Major League Lacrosse draft, which will be held in its entirety Monday night.




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Rev. Terrence “Big T” Hughes released from VA hospital after long COVID-19 battle

Rachel Hughes was thrilled Wednesday at the prospect of touching her husband, Rev. Terrence “Big T” Hughes, when they were briefly united on his release from the hospital where he’s battled COVID-19 for almost two months. “I was grateful he is alive and I could touch him, I didn’t know if I could touch him, […]




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Keeler: With Tom Brady and Big Ben on the docket for the Broncos’ September, Drew Lock needs to pick up where he left off

No sooner had Broncos coach Vic Fangio walked over to the deep end of the pool when NFL Commissioner Roger Goodell ran over, unseen, and shoved him straight into the water.






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Dathan Ritzenhein, 3-time Olympic runner and CU Buffs standout, announces retirement

Distance runner Dathan Ritzenhein announced his retirement Thursday, closing a career during which he made three Olympic appearances and also was one of the first to question the methods being used by his coach, Alberto Salazar, who is serving a four-year doping suspension.




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Their wrestling tournament canceled by COVID-19, Broomfield family starts “helping” by producing face masks

Xtreme Pro Apparel, a sports attire company based in Broomfield, specializes in producing anti-microbial fabric necessary for wrestling singlets to combat skin disease. Now it will make face masks to assist in combating the coronavirus.




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Kiszla: Shaken by coronavirus scare in his family, Olympic great Edwin Moses uncertain Tokyo will be safe to host Summer Games in 2021

Hunkered down in Georgia, certain his tomato plants will reach for the sun as the invisible fog of coronavirus begins to recede, Edwin Moses feels blessed. Tilling the red clay of a vegetable garden, Moses is safe at home, a 64-year-old legend filled with gratitude for health as solid as Olympic gold. The greatest hurdler […]




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Athletes completing doping bans get unexpected chance at Tokyo Olympics

Athletes completing doping bans over the next year will be eligible to compete in the postponed Tokyo Olympics, an unintended effect of the coronavirus pandemic that has some crying foul.




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Denver man sentenced to 8 years in federal prison for two smash-and-grab burglaries of gun stores

A 21-year-old Denver man was sentenced on Thursday to eight years in federal prison for a carjacking and burglarizing two gun stores.