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Russell City Energy Company, LLC v. City of Hayward

(California Court of Appeal) - Reversing an order sustaining a city's demurrer without leave to amend and dismissing a complaint to the extent that the order denied the plaintiff leave to amend in an action relating to an agreement between an energy company and a city whose terms may have violated the California Constitution because a quasi-contractual restitution claim would be permitted even if the Payments Clause at issue is unconstitutional.




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Federal Insurance Company v. USA

(United States Second Circuit) - Denying the petition for mandamus by an insurer that had paid millions on an Employee Theft Insurance policy when the insured company was found to have engaged in corrupt activities such as obtaining bribes and kickbacks from subcontractors to a government contract it held because, even if they had overcome various procedural obstacles, the company's criminal conduct and, by extension, that of the insurer, precluded them from obtaining restitution from an implicated employee, but vacating and remanding an order dismissing the insurer's petition in the employee's forfeiture proceeding because the district court failed to determine whether the company's unclean hands kept it from an equitable remedy.




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Agility Logistics Services Company KSC v. Mattis

(United States Federal Circuit) - Affirming the decision by the Armed Services Board of Contract Appeals dismissing for lack of jurisdiction because the Contract Disputes Act did not provide jurisdiction in a case involving a contract with the Army to establish and operate supply chain during Iraq's reconstruction and that the Board lacked jurisdiction under its charter and partially dismissing because the decision was not made pursuant under the CDA, so the court lacked jurisdiction to review.




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Trustees of the Suburban Teamsters v. The E Company

(United States Seventh Circuit) - Held that a construction business that ceased operations and cut off its pension contributions was subject to withdrawal liability under ERISA's Multiemployer Pension Plan Amendments. Affirmed summary judgment in favor of a labor union pension fund.




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Wilson v. Dynatone Publishing Company

(United States Second Circuit) - Affirming the dismissal of a state law accounting claim and otherwise vacating and remanding the case of a musical group called Sly Slick & Wicked who challenged the collection of royalties during the renewal period of the copyright of their song, entitled Sho' Nuff, which had been sampled by Justin Timberlake and J. Cole because their repudiation of the original terms of the copyright many years earlier did not also constitute a repudiation of the renewal terms, resulting in a time-bar to their claims.




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Compassion Over Killing v. U.S. Food & Drug Admin.

(United States Ninth Circuit) - In a lawsuit alleging that federal agencies acted arbitrarily and capriciously in dismissing plaintiffs' rulemaking petitions, which requested that each agency promulgate regulations that would require all egg cartons to identify the conditions in which the egg-laying hens were kept during production, the district court's summary judgment in favor of federal agencies is affirmed where: 1) the Food Safety and Inspection Service did not act arbitrarily or capriciously in denying plaintiffs' rulemaking petition because the agency correctly concluded that it lacked authority to promulgate plaintiffs' proposed labeling regulations for shell eggs: 2) the Agricultural Marketing Service did not act arbitrarily or capriciously in denying plaintiffs’ rulemaking petition because the agency correctly concluded that it lacked the authority to promulgate mandatory labeling requirements for shell eggs; 3) the Federal Trade Commission did not act arbitrarily or capriciously in denying plaintiffs' rulemaking petition; and 4) the Food and Drug Administration barely met its low burden to clearly indicate that it considered the potential problem identified in plaintiffs' petition, and provide a reasonable explanation for not initiating rulemaking.




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Chaidez v. Ford Motor Company

(United States Seventh Circuit) - Vacated and remanded. The district court dismissal of a suit for failure to exhaust remedies was vacated because the claims of discrimination had been exhausted before the Equal Employment Opportunity Commission.




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PaTRAM Institute To Record Next CD In Saratov, Russia, Accompanied By The Wonderworking Kursk Root Icon Of The Mother Of God

Fresh Off Their GRAMMY Nomination For Their CD, Teach Me Thy Statutes,the PaTRAM Institute Will Record Their Next CD In Saratov, Russia This August.




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The Medecines Company v. Hospira, Inc.

(United States Federal Circuit) - Affirming the district court's finding of noninfringement and remanding to determine whether the on-sale bar applies in a case relating to an anti-coagulant drug because a different production method was distinguished from the patented method and a patent is invalid if the product was offered for sale and ready for patenting prior to the filing of the application.




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Monsanto Company v. Office of Environmental Health Hazard Assessment

(California Court of Appeal) - Affirming the trial court's conclusion that Monsanto and others failed to state a claim in a suit where they averred that Proposition 65's reliance on the International Agency for Research on Cancer's determinations about which chemicals cause cancer improperly granted a foreign entity authority over domestic affairs.




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Trump Campaign Slams California's Vote-by-Mail Order: 'Wide-Open Opportunity for Fraud'  

President Donald Trump's re-election campaign blasted California Gov. Gavin Newsom's (D-CA) executive order allowing registered voters in the state to vote by mail in the November election, calling it a "thinly-veiled political tactic" aimed at undermining election security. 




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Atlantic Screen Music Marks 10th Year Anniversary By Acquiring Redfive Creative, A Noted, UK-Based Music Supervision & Sync Company

ASM Completes Its 150th Film Score And Retains Jonathan Firstenberg As North American Rep




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Geffner v. The Coca-Cola Company

(United States Second Circuit) - Affirmed. Plaintiff brought class action suit against Defendant, Coca-Cola Company alleging misleading naming and marketing of “Diet Coke”. District court dismissed all claims under Federal Rule 12(b)(6). Appeals court that the adjective “diet” referred to caloric content and carries a relative meaning and not an absolute meaning.




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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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Nautilus Insurance Company v. Access Medical, LLC

(United States Ninth Circuit) - Certified Question. The panel certified the question of state law to the Nevada Supreme Court asking whether an insurer is entitled reimbursement of costs already expended in defense of its insured where a determination has been made that the insurer owed no duty to defend and there was an agreement requiring reimbursement, but with no reservation of rights.




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ADI Worldlink, LLC v. RSUI Indemnity Company

(United States Fifth Circuit) - Affirmed. All insurance claims were properly denied because while the insured gave timely notice of later claims they failed to give notice of an initial claim within the policy's one year coverage limitation.




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Geffner v. The Coca-Cola Company

(United States Second Circuit) - Affirmed. Plaintiff brought class action suit against Defendant, Coca-Cola Company alleging misleading naming and marketing of “Diet Coke”. District court dismissed all claims under Federal Rule 12(b)(6). Appeals court that the adjective “diet” referred to caloric content and carries a relative meaning and not an absolute meaning.




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Kerri Lowe Reaches Goal With Kickstarter Campaign For New Album

Lowe Discusses Her Decision To Return To Her North Carolina Roots After Years Spent In New York In This Interview




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Halestorm Announce Roadiestrong Campaign

Halestorm have announced the launch of their #ROADIESTRONG support campaign




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Dead & Company To Stream New Orleans Show For One More Saturday Night

Dead & Company will be taking fans back to their 2018 show in New Orleans for this week's installment




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Cory Gardner attended pricey champagne party in Palm Beach. A Colorado lawmaker wants an investigation.

A Colorado legislator has filed an ethics complaint against U.S. Sen. Cory Gardner over a Palm Beach party he attended in February that was hosted by a champagne company.




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GONZALES v. CONOCOPHILLIPS COMPANY

(US 5th Circuit) - No. 19-20285 Consolidated with 19-20467




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Positive Company Celebrates Eight Years Of Positive Influence As They Continue To"Go Conscious America"!!

Conscious Music Entertainment Celebrates Eight Years Influencing Entertainment To Be Conscious Concerning Lyrics And Music Youth Might Hears.




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TILKEY v. ALLSTATE INSURANCE COMPANY

(CA Court of Appeal) - D074459




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Stephens v. Union Pacific Railroad Company

(United States Ninth Circuit) - Affirmed. In a claim of negligence for secondary exposure to asbestos, the plaintiff failed to establish sufficient cause. The panel held that in the context of asbestos claims, the substantial-factor test requires “demonstrating that the injured person had substantial exposure to the relevant asbestos for a substantial period of time.”



  • Injury & Tort Law

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Letters: Cut out Saturday mail; words of sympathy for columnist (4/28/20)

Cut out Saturday mail Re: “Coronavirus threatening delivery of the U.S. mail,” April 10 news story




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Letter: Our sympathies to a grieving mother (5/6/20)

Our sympathies to a grieving mother Re: “Appeal from an isolated, grieving mother,” May 1 letter to the editor




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CENTRAARCHY RESTAURANT MANAGEMENT COMPANY v. ANGELO IV

(US 4th Circuit) - No. 19-1888




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Encompass Insurance Co. v. Stone Mansion Restaurant Inc.

(United States Third Circuit) - Held that an automobile insurance company that settled claims against a driver arising out of a car crash could bring a contribution suit against a restaurant that allegedly over-served alcoholic beverages to the driver. The restaurant insisted that Pennsylvania's Dram Shop Law subjected it to liability only to injured individuals themselves. However, the Third Circuit concluded that the Dram Shop Law did not prevent the insurance company from bringing a suit against the restaurant under the Uniform Contribution Among Tortfeasors Act. The panel therefore reversed dismissal of the insurer's complaint.




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Port of Corpus Christi Auth. v. Sherwin Alumina Company

(United States Fifth Circuit) - Affirmed. The bankruptcy court's rejection of a Texas Port Authority's claims of sovereign immunity and fraud in their gambit to invalidate a bankruptcy sale that extinguished an easement they held was affirmed because there was no Eleventh Amendment violation or basis to claim fraud.




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Colorado state employees’ raises at risk because of coronavirus’ economic impact

Colorado lawmakers may forgo raises next year as they anticipate having to make major changes in the overall state budget -- including eliminating raises for all state employees.




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NORTHROP GRUMMAN CORPORATION v. AXIS REINSURANCE COMPANY

(US 3rd Circuit) - No. 19-1949





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Palin v. The New York Times Company

(United States Second Circuit) - Vacated and remanded. Palin appeals the dismissal of her defamation complaint against The New York Times for failure to state a claim. Finding the district court erred in relying on facts outside the proceedings, the case is remanded for further proceedings.




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Van Buskirk v. The United Group of Companies

(United States Second Circuit) - Vacated and remanded. Because courts may freely permit jurisdictional amendments even at the appellate level, vacated the judgment of the district court and remanded for further proceedings.




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Bell Supply Company, LLC v. US

(United States Federal Circuit) - Vacating a decision by the US Court of International Trade affirming a US Department of Commerce determination that certain imported oil country tubular goods (OCTG) fabricated as unfinished OCTG in China and finished in other countries were not subject to anti-dumping and countervailing duty orders covering OCTG imported from China because the Trade Court improperly proscribed the use of the substantial transformation analysis to determine the country of origin.




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Richmond Compassionate Care Collective v. 7 Stars Holistic Foundation Inc.

(California Court of Appeal) - Affirmed the denial of an anti-SLAPP motion, in a lawsuit accusing certain organizations and individuals of attempting to restrain trade and monopolize a city's medical marijuana market.




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Letter: Our sympathies to a grieving mother (5/6/20)

Our sympathies to a grieving mother Re: “Appeal from an isolated, grieving mother,” May 1 letter to the editor




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Colorado’s metro district developers among the biggest campaign contributors

Metro district developers and home builders in Colorado are major campaign contributors to elected officials where they have developments. Developer Pat Hamill of Oakwood Homes is a major contributor, no more so than the Ebert Metropolitan District in Denver where his company is its developer.




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Officials say former CU Boulder scientist did not separate public research from private company

Detlev Helmig most recently attracted attention for a paper that stated emissions from oil and gas production on the Front Range are largely underestimated.




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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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Erica Campbell's Gospel Impact



Erica Campbell has been a monumental artist in gospel.





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#WillSmithSoGreat: The Actor's Impact on Hollywood



"I-Robot" premieres on BET on Saturday, February 6 at 7P/6C.



  • BET Star Cinema

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Kanye West On The Profound Impact Kobe's Death Had On Him



He still regularly pays homage to the late NBA icon.




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Rihanna Plays Director for Stance Holiday Campaign



Watch Rih work it behind the camera yet again.



  • Rihanna
  • Celebrity fashion and beauty news
  • celebrity fashion lines

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Joan Smalls Stars in New Stuart Weitzman Shoe Campaign



The campaign debuts newest “Nearly Nude” style.




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Level Up: Rappers in High-Fashion Ad Campaigns



Designer labels and rapper-swag unite.




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Here’s How Michael Jordan Felt Being Compared



The 1992 NBA Finals prompted one of the best head-to-heads.