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Editorial: Jails, prisons, courts must act to stop coronavirus spread

Some activities must continue even as cities, counties and states effectively shut down to avoid the spread of COVID-19. Obviously our hospitals, doctors’ offices and emergency responder systems must remain open. Grocery stores are essential and so are pharmacies.






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Editorial: Ethics in the time of coronavirus

The world has been thrust into an unprecedented time. The White House has estimated that 100,000 to 240,000 Americans could die in the coming months as a new virus sweeps through the nation and that’s if we implement and execute the recommendations from our doctors and scientists. About 700,000 jobs were lost in the U.S. in March as mayors and governors across the nation responded responsibly by forcing all but the most essential businesses to close.




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Editorial: Trump is playing a disgusting political game with our lives

President Donald Trump is treating life-saving medical equipment as emoluments he can dole out as favors to loyalists. It’s the worst imaginable form of corruption -- playing political games with lives. For the good of this nation during what should be a time of unity he must stop.





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Editorial: Those inciting unrest in Colorado don’t realize the true threat of the new coronavirus

We understand why unrest is bubbling among those who are unemployed and entrepreneurs who could lose their businesses. But the alternative to stay-at-home orders is allowing the highly contagious new coronavirus to rip through our communities.





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Adia v. Grandeur Management, Inc.

(United States Second Circuit) - Vacated and remanded. A complaint alleging claims for forced labor and human trafficking in violation of the Trafficking Victims Protection Act was improperly dismissed because the plaintiff plausibly stated claims.




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US v. Thiam

(United States Second Circuit) - Affirmed. Defendant appeals his bribery conviction, arguing improper jury instructions and insufficient evidence. The court finds the “official act” standard from McDonnell does not apply to Guinea’s Penal Code, and any potential evidentiary errors were harmless. Judgement is affirmed.




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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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Doctor’s Associates, Inc. v. Alemayehu

(United States Second Circuit) - Vacated and remanded. Finding the promise to arbitrate in the franchise application was supported by adequate consideration, the panel vacates the district court’s denial of DAI’s motion to compel arbitration and remands for further proceedings.




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Biondo v. Kaledia Health

(United States Second Circuit) - Vacated and remanded. Plaintiff, who is profoundly deaf, appeals from dismissal on summary judgment her claim that a hospital violated the Rehabilitation Act by failing to provide an ASL interpreter. The panel concluded that material issues of fact preclude summary judgment.




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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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Diamond Sawblades Manufacturers Coalition v. US

(United States Federal Circuit) - Affirming the Court of International Trade's decision affirming a Department of Commerce ruling in the administrative review of an earlier anti-dumping order, the court held that no error occurred in the determination that a Chinese saw blade manufacturer was seeking to sell their products at less than fair market value in the United States.




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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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Philadelphia Taxi Association, Inc. v. Uber Technologies, Inc.

(United States Third Circuit) - Affirming a district court dismissal of a case brought by numerous taxi associations seeking to prevent Uber from taking their business because Uber's conduct didn't arise to an antitrust violation, attempted monopoly, or other unfair business activity, even if it is killing the old taxicab businesses.




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Anderson News, L.L.C. v. American Media, Inc.

(United States Second Circuit) - Affirmed that magazine publishers did not violate antitrust laws by trying to drive a wholesaler out of business. The wholesaler delivered magazines to retail stores and it alleged that when it tried to impose a surcharge on the publishers in 2009, they conspired to boycott and drive the wholesaler out of business. On appeal, the Second Circuit found that the wholesaler had presented insufficient evidence of a boycott scheme to survive summary judgment. The panel also affirmed summary judgment against the publishers' counterclaims.




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United Food and Commercial Workers Unions v. Novartis Pharmaceutical Corp.

(United States First Circuit) - Affirmed the dismissal of two putative antitrust class actions alleging that a pharmaceutical company took steps to block the entry of generic versions of its leukemia-treatment drug into the U.S. market. The plaintiffs, including several labor union benefit funds, claimed that the drugmaker engaged in anticompetitive conduct by bringing sham infringement lawsuits against manufacturers trying to enter the market with generic versions of that drug. Dismissing the complaints, the district court held that the plaintiffs had not plausibly alleged their claims, and the First Circuit affirmed.



  • Antitrust & Trade Regulation
  • Health Law
  • Drugs & Biotech

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Empire Merchants LLC v. Reliable Churchill LLLP

(United States Second Circuit) - Affirmed the dismissal of a liquor distributor's claim under the RICO statute against other liquor distributors. The New York metropolitan area's exclusive distributor for many leading brands of liquor brought this suit alleging that two of Maryland's largest liquor distributors were smuggling liquor into New York, cutting into its sales. The district court dismissed the case because the smuggling operation, as alleged, did not directly cause the plaintiff to lose sales, and therefore the plaintiff did not adequately allege proximate cause under RICO. Agreeing, the Second Circuit affirmed.




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Kleen Products LLC v. Georgia-Pacific LLC

(United States Seventh Circuit) - Affirmed the dismissal of antitrust claims brought against two manufacturers of a material called containerboard that is used to make boxes. Held that there was not enough evidence of a conspiracy to proceed to trial on the purchasers' claims under the Sherman Act that the companies conspired to increase prices and reduce output.



  • Antitrust & Trade Regulation

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Louisiana Real Estate Appraisers Board v. Federal Trade Commission

(United States Fifth Circuit) - Held that the Louisiana Real Estate Appraisers Board's petition for review was premature in a case where the Federal Trade Commission had charged it with adopting an unlawful policy that restrained trade. Dismissed the appeal for lack of jurisdiction.




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Toby Guerin’s Negotiation Exercise

From TFOI Toby Guerin: I thought that I would share an exercise which we posted this week through the Workplace Mediation Service at University of Maryland, Baltimore.  It can be easily adapted for classes and other environments. Several years ago Andrea Schneider and others wrote an article, “Cooking Up a Deal: Negotiation Recipes for Success.”  … Continue reading Toby Guerin’s Negotiation Exercise




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The Coronavirus and the Constructive Conflict Initiative

For many years, Guy and Heidi Burgess have organized a series of projects dealing with difficult, intractable conflicts, and they developed an incredibly rich website of resources. They recently collected the following series of statements about conflict and the coronavirus, including the following.  Here’s a list of the statements with links to each one.  They … Continue reading The Coronavirus and the Constructive Conflict Initiative




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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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Negotiation Journal : most recent two issues

I won’t pretend to keep up with everything being written in the ADRsphere if you will promise the same. Having confessed that, and consistent with the regret implied in that confession, I thought I would offer an easy-to-skim Table of Contents view of the last two issues of Negotiation Journal – – a publication I commend … Continue reading Negotiation Journal : most recent two issues




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Trump & Negotiation Skills Redux

In what seems like a decade ago (but was only early March), the ever talented Liz Tippett interviewed me for her brilliant Oregon Law Lab (in person!) about Trump’s Art of the Deal.  Spoiler alert:  We conclude that the book should best be read as a handbook for how to deal with lying…  Enjoy!




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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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US v. Arias-Mercedes

(United States First Circuit) - Affirmed a conviction on drug-smuggling charges. The defendant, who was caught with two other men aboard a vessel carrying 70 kilograms of cocaine, argued that he was a mere transporter of the contraband and thus was entitled to a minor participant reduction under the U.S. Sentencing Guidelines. Finding no error in the sentence, the First Circuit affirmed.




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United Food and Commercial Workers Unions v. Novartis Pharmaceutical Corp.

(United States First Circuit) - Affirmed the dismissal of two putative antitrust class actions alleging that a pharmaceutical company took steps to block the entry of generic versions of its leukemia-treatment drug into the U.S. market. The plaintiffs, including several labor union benefit funds, claimed that the drugmaker engaged in anticompetitive conduct by bringing sham infringement lawsuits against manufacturers trying to enter the market with generic versions of that drug. Dismissing the complaints, the district court held that the plaintiffs had not plausibly alleged their claims, and the First Circuit affirmed.



  • Antitrust & Trade Regulation
  • Health Law
  • Drugs & Biotech

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Narragansett Indian Tribe v. Rhode Island Department of Transportation

(United States First Circuit) - Affirmed the dismissal of an Indian tribe's complaint against federal and Rhode Island agencies concerning a highway bridge reconstruction. The tribe argued, at base, that the state of Rhode Island broke a promise to give the tribe three parcels of land as mitigation for the expected negative impact on historic tribal land of an I-95 bridge replacement project. Agreeing with the district court, the First Circuit held that the tribe's claims were barred by federal sovereign immunity and lack of subject matter jurisdiction.




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Canadian Rock Band Across The Board Set To Release Second Full Length Album “Sonic Boom”

Toronto-based Rock Band, Across The Board Will Release Their Second Full-length Album, "Sonic Boom" On May 4, 2018. Produced And Recorded In Toronto By MC2 Music Media, The Album Pays Homage To A Band




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Canadian Producer CJ Stain Tackles Social Injustice With Hit Single 'One'

Award Winning Canadian ProduceCJ Stain Tackles Social Injustice With Hit Single 'One' With Gender Culture




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Canadian Celtic Rock Group Fiùran Releases A Wonderfully Refreshing & Haunting New Album

Which Names Spring To Mind When You Think Of Folk Rock Music? Jethro Tull, Perhaps?




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CANADIAN JORDAN ST.CYR RELEASES NEW SINGLE IN U.S. MARKETS

Canadian Singer Jordan St.Cyr, Who Recently Was Selected As CMUnited’s Artist Of The Year At The 1st Annual Christian International Talent Contest, Is Releasing A New Single To U.S. Christian Radio




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CANADIAN TRIO BEYOND THE SUN RELEASES A SUMMER POP SMASH STOP

Beyond The Sun, The Canadian Reared Trio Of Brothers, Premiered Their Latest Release STOP On All Major Online Retailers Today.




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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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Brian Dennehy, Tony-winning stage, screen actor, dies at 81

Brian Dennehy, the burly actor who started in films as a macho heavy and later in his career won plaudits for his stage work in plays by William Shakespeare, Anton Chekhov, Eugene O’Neill and Arthur Miller, has died. He was 81.





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Polis says he’d like to see Colorado’s restaurants reopen in May — possibly before Memorial Day

Gov. Jared Polis said Friday that his goal is to have Colorado’s restaurants reopen in May, possibly before Memorial Day, depending on the effectiveness of the state’s new “safer-at-home” phase.




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Denver Actors Fund readies $35,000 in immediate funding for shut-out theater pros

The Denver Actors Fund on Tuesday announced a $35,000 emergency relief fund for Colorado theater artists who have been hurt by the coronavirus shutdown.




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Tenants at Acacia Apartments in Denver strike on rent

Members of the Acacia Tenants Union in Denver have posted banners saying "Don't Pay May" and "Rent Relief Now" after failing to reach terms for rent relief with their landlord, Olive Bark LLC.




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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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Keeler: Brian Mullan, ex-Rapids midfielder, now battling coronavirus on the front lines

A toast to Brian Mullan. To Grandma Betty. To the nurses who selflessly, thanklessly, not only keep pulling their weight over the line. But ours, too.






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Former CU Buffs forward Jakub Dombek to continue collegiate career at Hartford

Jakub Dombek will attempt to make a career out of college basketball at Hartford. The former Colorado Buffaloes forward announced via his Instagram account that he has committed to the University of Hartford.