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International Longshore and Warehouse Union v. ICTSI Oregon, Inc.

(United States Ninth Circuit) - Affirming the district court's dismissal of an antitrust claim alleging anti-competitive activities engaged in by a labor union and a multi-employer collective bargaining association, holding that nonstatutory exemption, the Noerrr-Pennington doctrine, and Sherman Act immunized defendants' activities.



  • Antitrust & Trade Regulation
  • Labor & Employment Law

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North American Soccer League, LLC v. United States Soccer Federation, Inc.

(United States Second Circuit) - Affirming the denial of the North American Soccer League's motion for preliminary injunction seeking Division II designation pending the resolution of its antitrust case against the United States Soccer Federation because they had failed to demonstrate a clear likelihood of success on the merits of their claim.




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Chamber of Commerce of the United States of America v. City of Seattle

(United States Ninth Circuit) - Reversing a district court dismissal of claims that an ordinance authorizing collective bargaining between driver coordinators like Uber and Lyft violates and is preempted by the Sherman Antitrust Act because the act sanctions price fixing by private cartels of independent contractor drivers but affirming the dismissal of claims that the ordinance was preempted by the National Labor Relations Act and remanding for further proceedings.




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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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Vantage Health Plan, Inc. v. Willis-Knighton Medical Center

(United States Fifth Circuit) - In a healthcare antitrust case, affirmed a protective order that said certain confidential business documents belonging to a non-party health insurer should be unsealed (but redacted) if and when they are filed on the public docket. The non-party sought stronger confidentiality protections.




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Harmoni International Spice, Inc. v. Hume

(United States Ninth Circuit) - Revived a RICO lawsuit brought by importers of garlic who alleged that rival importers had conspired to harm their businesses. Reversed a dismissal in relevant part and remanded.




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Xitronix Corp. v. KLA-Tencor Corp.

(United States Fifth Circuit) - The Fifth Circuit transferred a case back to the Federal Circuit, from which it had been transferred. The two circuits disagreed about which one was the proper forum for this appeal, which involved a company's claim that a competitor violated antitrust law by obtaining a patent through fraud.



  • Antitrust & Trade Regulation
  • Patent

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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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Communication, Privacy, and Community in the New Normal

An article by Israeli historian Yuval Noah Harari, The World After Coronavirus, describes general dynamics of crises and particularly the current crisis: Many short-term emergency measures will become a fixture of life.  That is the nature of emergencies.  They fast-forward historical processes.  Decisions that in normal times could take years of deliberation are passed in … Continue reading Communication, Privacy, and Community in the New Normal




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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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The Coronavirus Crisis Provides an Opportunity to Adopt Better Systems for Licensing Lawyers than the Bar Exam

The ABA Journal recently published an article entitled Bar Exam Does Little to Ensure Attorney Competence, Say Lawyers in Diploma Privilege State, describing the experience in Wisconsin, the only state that currently has the “diploma privilege.”  Under the Wisconsin rules, in-state law school graduates can become licensed without taking a bar exam.  These graduates must … Continue reading The Coronavirus Crisis Provides an Opportunity to Adopt Better Systems for Licensing Lawyers than the Bar Exam




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Learning More About Fairshake.com

One of the great benefits of teaching law students is that, frequently, they teach you. I’ve been reading my end of the semester seminar papers and learned more about Fairshake, the entity created to help consumers use the arbitration system to obtain settlements (or hearings) with major companies who have agreed to pay the vast … Continue reading Learning More About Fairshake.com




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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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Iconic Colorado promoter Chuck Morris creates music-business program at CSU

The industry veteran is looking to help grow the next generation of not only promoters and managers, but also entertainment lawyers, accountants, publicists and, naturally, artists.





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Carlson v. University of New England

(United States First Circuit) - Reinstated a university professor's claims that she was retaliated against in violation of Title VII and the Maine Human Rights Act. The professor alleged that she was transferred to a different department and suffered other retaliation after she complained of being sexually harassed by her department chair. Agreeing that genuine disputes of material fact existed, the First Circuit reversed the entry of summary judgment for the university and remanded.




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US v. Gierbolini-Rivera

(United States First Circuit) - Affirmed the sentence of a defendant who pleaded guilty to one count of theft in connection with health care and to one count of wire fraud. An accountant who embezzled nearly $1 million from a radiology medical firm challenged the procedural and substantive reasonableness of his upwardly variant sentence. Finding no error, 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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Richard v. Regional School Unit 57

(United States First Circuit) - Held that a school did not unlawfully retaliate against a kindergarten teacher for her advocacy on behalf of students with disabilities. The teacher claimed that she was transferred to a different school and suffered other adverse actions. However, after a bench trial, the district court was not persuaded that her advocacy was the reason for these personnel actions, and thus rejected her claims under the Americans with Disabilities Act and other state and federal statutes. On appeal, the First Circuit affirmed in a 2-1 decision.




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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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Punk Pioneers D.O.A. Celebrate 40th Anniversary

New Studio Album Fight Back To Be Released May 1, 2018; 40th Anniversary World Tour




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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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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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Nicolas Cage to star as Joe Exotic in limited TV series

The Joe Exotic phenomenon keeps growing, with Nicolas Cage to star in a TV miniseries about the colorful wild animal owner made famous by the “Tiger King” docuseries.




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One tomato sauce, four recipes for weeknight dinners

With this easy five-ingredient tomato sauce in your freezer, you’ve got the foundation of four satisfying dinners and two versatile condiments that come together fast: a hearty chickpea stew, a 20-minute meat ragù, cheesy tomato polenta, a spicy cauliflower curry, a tomato-shallot vinaigrette and a quick salsa.




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Iconic Colorado promoter Chuck Morris creates music-business program at CSU

The industry veteran is looking to help grow the next generation of not only promoters and managers, but also entertainment lawyers, accountants, publicists and, naturally, artists.




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Denver Public Schools likely to mix in-person classes with remote learning beginning in August

Denver Public Schools leadership announced Thursday that the next academic year is expected to begin on time in August, but likely will consist of a mix of in-person and remote learning in an effort to maintain social distancing and prioritize health and safety.




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Friednash: Deploy federal funds to feed seniors and rescue Colorado’s restaurants

The restaurant industry predicts that as many as 30% of all Denver restaurants and 22% statewide may permanently go out of business if they can’t open before the end of May.




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Man who allegedly pulled knife on woman in an Arvada store is arrested

A man suspected of pulling a knife on a store employee in Arvada has been arrested, police said




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Forest Service closes campgrounds, picnic sites and many trailheads across Colorado

Plus, Colorado Parks and Wildlife closed all of its campgrounds.





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BLM releases plan opening public lands in western Colorado to drilling, and not everyone is happy with it

Critics of a plan that makes tracts of public lands in western Colorado available to oil and gas drilling say the final insult is its release in the middle of the coronavirus pandemic when people are dealing with health and economic concerns.





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Jim Danley, Colorado’s winningest prep baseball coach, built Eaton dynasty off the knuckle-curve and a farm system

In 44 seasons as Eaton's head coach from 1972 to 2015, Danley was 807-163-2, a Colorado-best for wins and tied for the nation's top prep winning percentage (83.1%).





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Denver businesses caught between economic realities and health concerns as they weigh reopening

On Saturday, a host of Denver businesses — from clothing stores to hair salons — will open their doors for the first time in nearly two months as Mayor Michael Hancock’s stay-at-home order expires.




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Charlie Blackmon’s 9th-inning homer lifts Rockies to sweep of Padres in MLB The Show 20

The Rockies outfielder crushed a 404-foot home run off of reliever Matt Strahm to give Colorado a 5-4 win Thursday over San Diego at Petco Park.




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Rockies blow late lead, lose to Giants in extra innings in MLB The Show 20

It was almost another win for the Rockies. Almost. Colorado closer Scott Oberg blew his first save of the season Wednesday and the Giants capitalized, winning 2-1 in 11 inning at Oracle Park.




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Regional books: “Shatter the Night,” “Arches Enemy” and more

“Shatter the Night” By Emily Littlejohn (Minotaur Books) Detective Gemma Monroe and her boyfriend, Brody, are taking their year-old daughter trick-or-treating when a car bomb explodes, killing a retired judge who happens to be an old family friend.  Gemma puts aside her wedding planning and vows to solve the murder, with the aid of long-time […]




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STEM School Highlands Ranch community remembers a school shooting amid a pandemic

For the second year in a row, the STEM School Highlands Ranch community is ending its school year amid disruption and uncertainty. Plans for community service and vigils to remember the first anniversary of the campus shooting have been traded for Zoom therapy sessions and a digital collection of acts of kindness.





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Tech companies step up fight against bad coronavirus info

Potentially dangerous coronavirus misinformation has spread from continent to continent like the pandemic itself, forcing the world’s largest tech companies to take unprecedented action to protect public health.




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A majority of students in Denver and Jeffco are engaging in online learning, districts say

Most students in Colorado’s two largest school districts are participating in remote learning, according to data from the districts. But statewide, it’s harder to tell how many Colorado children are learning from home while school buildings are closed due to the coronavirus.




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Denver Public Schools likely to mix in-person classes with remote learning beginning in August

Denver Public Schools leadership announced Thursday that the next academic year is expected to begin on time in August, but likely will consist of a mix of in-person and remote learning in an effort to maintain social distancing and prioritize health and safety.




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Wheat Ridge’s favorite history teacher is retiring after 40 years — and she’s still learning from her students

Stephanie Rossi, like many teachers across the country, is forced to bid adieu to the great passion of her life from her kitchen counter as the new coronavirus prompted the closure of school buildings and end to most in-person learning.




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Wheat Ridge’s favorite history teacher is retiring after 40 years — and she’s still learning from her students

Stephanie Rossi, like many teachers across the country, is forced to bid adieu to the great passion of her life from her kitchen counter as the new coronavirus prompted the closure of school buildings and end to most in-person learning.




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Denver businesses caught between economic realities and health concerns as they weigh reopening

On Saturday, a host of Denver businesses — from clothing stores to hair salons — will open their doors for the first time in nearly two months as Mayor Michael Hancock’s stay-at-home order expires.




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Unanimous Supreme Court throws out “Bridgegate” convictions

A unanimous Supreme Court on Thursday threw out the convictions of two political insiders involved in the “Bridgegate” scandal that ultimately derailed the 2016 presidential bid of then-New Jersey Gov. Chris Christie. The justices found evidence of deception, corruption and abuse of power in the scheme, but said “not every corrupt act by state or local officials is a federal crime.”




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Avalanche signs 20-year-old Finnish goalie Justus Annunen

The Avalanche on Thursday signed impressive young goalie Justus Annunen to his three-year, entry-level contract.