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U.S. shelves detailed guide to reopening country amid coronavirus outbreak

A document created by the nation's top disease investigators with step-by-step advice to local authorities on how and when to reopen restaurants and other public places during the still-raging outbreak has been shelved by the Trump administration.




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Tepper v. Amos Financial LLC

(United States Third Circuit) - Affirmed that a company whose sole business activity was purchasing and then attempting to collect debts was subject to the requirements of the Fair Debt Collection Practices Act (FDCPA). When homeowners brought suit against the assignee of their home equity loan alleging unlawful debt-collection attempts, the assignee argued that it was not covered by the FDCPA because it was a creditor, not a debt collector. Disagreeing with this characterization, the Third Circuit affirmed the trial court's judgment in favor of the homeowners.




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US v. Peppers

(United States Third Circuit) - Vacated a mandatory minimum sentence under the Armed Career Criminal Act (ACCA). After pleading guilty to being a felon in possession of a firearm, the defendant challenged his 15-year sentence, arguing that he was sentenced under a portion of the ACCA later held unconstitutional by the Supreme Court. Finding merit in his contentions, the Third Circuit remanded for an analysis of whether the error of treating his Pennsylvania robbery convictions as predicate offenses under the ACCA was harmless in light of his other prior convictions.




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Mitchell v. Superintendent Dallas SCI

(United States Third Circuit) - Affirmed the denial of habeas corpus relief to a state prisoner who claimed that his rights under the Confrontation Clause of the Sixth Amendment were infringed. The prisoner objected to the fact that jailhouse informants testified at trial about their conversations with his co-defendant, and he could not cross-examine his co-defendant regarding the statements. Rejecting his argument, the Third Circuit concluded that there was no violation of his Confrontation Clause rights that would justify habeas relief, regardless of differences between the law in effect at the time of his trial and current law.




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Conard v. Pennsylvania State Police

(United States Third Circuit) - Reinstated a former 911 dispatcher's claim that her former supervisors gave false, defamatory job references to her prospective employers to retaliate against her for her previous employment complaints, in violation of her constitutional rights. The dispatcher claimed that undeserved negative references had prevented her from obtaining other employment. Reversing the dismissal of her complaint, the Third Circuit held that she adequately pleaded a First Amendment retaliation claim.




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Delaware Riverkeeper Network v. Pennsylvania Department of Environmental Protection

(United States Third Circuit) - Denied a petition for review of a Pennsylvania state regulators' decision to grant a Clean Water Act certification to a natural gas pipeline project. An environmental organization raised various procedural and substantive arguments against the environmental regulators' issuance of a water quality certification. On judicial review, the Third Circuit held that the environmentalists' challenge failed on the merits. Prior to reaching the merits, the panel discussed in detail questions regarding its jurisdiction under the Natural Gas Act.




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Preston v. Superintendent Graterford SCI

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




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Workman v. Superintendent Albion SCI

(United States Third Circuit) - Remanded with instructions to grant a conditional writ of habeas corpus. The defendant, who was convicted of first-degree murder, contended that his trial counsel provided ineffective assistance by advising him incorrectly that he could not be convicted of murder, which led the defendant to reject a plea deal. Agreeing that trial counsel provided ineffective assistance, the Third Circuit reversed the denial of habeas relief and remanded.




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In re Ultra Petroleum Corp.

(United States Fifth Circuit) - Held that energy companies emerging from bankruptcy did not have to pay certain creditors a contractual make-whole amount, even though the companies were now solvent due to a rise in commodity prices. Vacated and remanded.




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In re Pettit Oil Co.

(United States Ninth Circuit) - In the bankruptcy proceeding of a distributor of bulk petroleum products, held that a consignor's unperfected security interest in fuel and monetary proceeds was subordinate to the trustee's interest. Affirmed the judgment below.




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In re 8Speed8, Inc.

(United States Ninth Circuit) - Held that a shareholder could not seek statutory damages from a creditor after helping a debtor company defend against an involuntary bankruptcy petition. Affirmed the decision below.





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At The Opera, Puccini's Manon Lescaut, March 7, 2020

Tune in at 8pm to hear Puccini's first operatic success Manon Lescaut staring Renata Tebaldi and Mario del Monaco recorded in 1960.




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At The Opera, Cilea's Adriana Lecouvreur, March 14, 2020

Tune in at 8pm to hear Francesco Cilea's Adriana Lecouvreur staring Renata Tebaldi and Mario del Monaco recorded in 1962.




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At The Opera, Opera Potpourri, March 21, 2020

Tune in at 8pm to hear the always popular "All Opera Potpourri". The best of the best of your favorite singers singing the greatest music in the opera world.




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At The Opera, Bizet's Carmen, March 28, 2020

Tune in at 8pm to hear Bizet's Carmen staring Jessye Norman and Mirella Freni.




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At The Opera, Tchaikovsky's Pique Dame - The Queen of Spades, April 4, 2020

Tune in at 8pm to her Tchaikovsky's Pique Dame (The Queen of Spades) staring Mirella Freni and Vladimir Atlantov.




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At The Opera, Donizetti's L' Elisir d'amore, April 11, 2020

Tune in tonight at 8pm to hear a live performance from the MET in 1966 of Donizetti's L' Elisir d' Amore staring Carlo Bergonzi and Roberta Peters.




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At The Opera, Martha, April 18, 2020

Tune in at 8pm to hear the romantic and light hearted opera Martha by Friedrich von Flotow. This 1969 recording stars Anneliese Rothenberger, Brigitte Fassbaender, Nicolai Gedda and Hermann Prey.




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At The Opera, G.F. Handel's Ariodante, April 25, 2020

Tune in 8pm to hear George Frideric Handel's Ariodante staring Anne Sofie von Otter in the title role.




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At The Opera, Verdi's Ernani (Live MET 1962) May 2, 2020

Tune in at 8pm to hear a live broadcast from the MET in 1963 of Verdi's Ernani staring Carlo Bergonzi and Leontyne Price.




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At The Opera, Opera Potpourri Fund Drive, May 9, 2020

Tune in at 8pm to hear our all Opera Potpourri Fund Drive show. You will hear the best of the best of opera and a few surprises as well!




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Allen v. Cooper

(United States Fourth Circuit) - Reversed the district court's ruling which had denied immunity to North Carolina state agencies and officials which were sued by a videographer alleging that they violated his copyrights by publishing his video footage of an 18th-century shipwreck off the North Carolina coast. Plaintiff had obtained the rights to create the footage through a permit issued by North Carolina to the ship's salvors. Disagreeing with the district court's rulings on a motion to dismiss, the Fourth Circuit concluded that the defendant agencies and officials were protected from the lawsuit by sovereign immunity, qualified immunity, and/or legislative immunity.




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Berkley v. Mountain Valley Pipeline, LLC

(United States Fourth Circuit) - Affirmed that the district court lacked subject-matter jurisdiction over a constitutional challenge to the Natural Gas Act. Landowners along the path of a proposed natural gas pipeline brought this action disputing the constitutionality of various provisions of the Natural Gas Act. Agreeing with the district court, the Fourth Circuit held that the suit must be dismissed for lack of subject-matter jurisdiction on the grounds that the landowners ought to have brought their claims through the agency review process laid out in the Natural Gas Act.



  • Oil and Gas Law
  • Property Law & Real Estate

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US Tobacco Cooperative Inc. v. Big South Wholesale of Virginia, LLC

(United States Fourth Circuit) - Held that the United States should be substituted as a party defendant in a lawsuit in which two defendants were tobacco industry businesspeople who had agreed to perform undercover work for the U.S. Bureau of Alcohol, Tobacco, Firearms and Explosives. The question before the Fourth Circuit was whether the United States should be substituted as a party defendant. The panel held that the answer was yes, and thus reversed the district court's ruling on the matter.






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Put on Your Own METALLICA Show During the Pandemic With This Mini-'Master of Puppets' Playset

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

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





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Construction speeds up on I-70 and I-25, but other Colorado projects may be doomed by coronavirus

Big highway projects along the Front Range have taken advantage of the unprecedented weeks-long lull in traffic set off by the coronavirus pandemic by speeding up some work.




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Soundstripe Hires J.R. McNeely As Mix Engineer

Soundstripe Hires Grammy-winning Engineer And Producer J.R McNeely




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Award Winning Artist Kathryn Shipley Wins Gospel/Inspirational Artist Of The Year

Kathryn Shipley Is Excited To Announce That She Has Won Gospel/Inspirational Artist Of The Year At The 2019 Josie Music Awards. The Josie Music Awards Is One Of The Largest Independent Awards Shows.




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7 Arcos Recordings Is Celebrating 15 Years As An Independent Label Success!

"Rock On" The Little Label That Did And Is Still!




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Colorado mountain lions hit with new hunting plan as people spread

Mountain lions face an uncertain future under a new state plan to let hunters kill up to 15% a year across western Colorado, and more near subdivisions -- rankling animal rights advocates who favor a live-and-let-live approach to wildlife.






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Oxford University Bank v. Lansuppe Feeder, Inc.

(United States Second Circuit) - Affirmed. Financial institutions that hold junior notes issued by the defendant, as trustee, appeal the grant of summary judgement. The district court erred in holding that ICA § 47(b) does not give rise to a private right of action. However, the district court ordered distribution of the assets of the trust according to the terms of the trust’s governing indenture, so summary judgment affirmed.




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32BJ N. Pension Fund. v. Nutrition Mgmt. Servs.

(United States Second Circuit) - Vacated and remanded. Finding NMSC did not agree to be bound to the trust agreement until it executed an amendment to the collective bargaining agreement in 2014, the delinquency policy’s interest rate did not apply.




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The lightest, brothiest soup recipe for when you can’t eat another bite

Even a person as enthusiastic as I am about home cooking can feel fatigue, and six going on seven weeks of this quarantine, I am feeling it. It’s not so much the cooking. It’s the eating -- probably because I am doing it all day long.





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This focaccia isn’t your garden-variety flatbread recipe

In kitchens across the world, focaccia gardens are blooming. On top of the flatbreads, cherry tomatoes open like petals, with long scallion stalks for stems. Yellow-pepper sunflowers stand tall with Kalamata olives at their center. Red onions bud in bushes made from fresh herbs.





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How lobbyists and panicked Denverites kept liquor stores and marijuana dispensaries open during coronavirus

A large lobbying effort mobilized almost immediately. Conducted outside the public’s view, its goal was to keep hundreds of stores open, thousands of Denverites employed, and entire industries functioning across the city.





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Connecticut Ironworkers Employers Association, Inc. v. New England Regional Council of Carpenters

(United States Second Circuit) - Vacating the district court's determination that a carpenters union was entitled to summary judgment as to Sherman Act Antitrust charges, but affirmed summary judgment for them as to unfair labor practices charges in a case where the union used subcontracting to include ironworking in their activities because the union did not qualify for the non-statutory exemption to antitrust liability, but qualified for the construction industry proviso.




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People v. Huber

(California Court of Appeal) - Held that the trial court lacked subject matter jurisdiction to hear the People's claim alleging that the owner of a tobacco smoke shop on Indian lands was liable under California's Unfair Competition Law for violating various laws applicable to cigarette sales and marketing. Reverse an order granting summary adjudication to the People on this claim.




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Apple, Inc. v. Pepper

(United States Supreme Court) - Held that consumers could proceed with an antitrust lawsuit alleging that Apple Inc. used monopolistic power to overcharge for iPhone apps. Apple contended that the lawsuit was barred because the consumers were not "direct purchasers" within the meaning of the Illinois Brick case. However, the U.S. Supreme Court rejected Apple's argument in a 5-4 decision, on review of a dismissal ruling. Justice Kavanaugh delivered the majority opinion, joined by the four liberal justices.



  • Antitrust & Trade Regulation
  • Consumer Protection Law

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Cumberland Law Review Call for Papers

From Avery Burns, the new Acquisitions Editor for the Cumberland Law Review. Our theme for Issue 2 of Volume 51 is arbitration, mediation, negotiation, and other forms of the ADR practice. I am reaching out to see if you would be interested in possibly writing an article for the Law Review on any of the … Continue reading Cumberland Law Review Call for Papers




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Might the Pandemic (Finally) Change the Leadership Stereotype?

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