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The Police Retirement System of St. Louis v. Page

(California Court of Appeal) - Affirming the grant of summary judgment to Google executives in a suit brought by three shareholders bringing derivative suits alleging the corporation was harmed by executives who agreed to refrain from actively recruiting employees working for competitors, an arrangement that had been previously abandoned when it gave rise to antitrust issues with the Department of Justice, because the claim was barred by the three-year statute of limitations.




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US v. Microsoft Corporation

(United States Supreme Court) - Declaring a writ of certiorari petition moot in the case of Microsoft's attempt to avoid providing emails pursuant to a Government warrant investigating the drug trade because a new warrant was issued under a new law that, unlike the old version, permitted the Government to demand emails stored on overseas datacenters under Trump's Clarifying Lawful Overseas Use of Data Act.




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State of California v. Iipay Nation of Santa Ysabel

(United States Ninth Circuit) - Affirmed that a federally recognized Indian tribe was prohibited from operating an internet bingo casino. The State of California and the United States brought this lawsuit contending that the tribe's online bingo game violated the federal Unlawful Internet Gambling Enforcement Act. Agreeing with the governmental plaintiffs, the Ninth Circuit affirmed summary judgment against the tribe, holding that while the Indian Gaming Regulatory Act protects gaming activity conducted on Indian lands, it did not permit the tribe's internet bingo game that reached patrons located off Indian lands.




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Beaton v. SpeedyPC Software

(United States Seventh Circuit) - Affirmed the certification of a class action alleging that a software company's downloadable product to improve computer speed and performance was a scam. Held that the district court did not abuse its discretion in certifying a nationwide class and an Illinois subclass of software purchasers.




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Keep Chicago Livable v. City of Chicago

(United States Seventh Circuit) - Remanded for further findings as to whether a citizen group and six individuals had legal standing to challenge the constitutionality of Chicago's recently enacted Shared Housing Ordinance, which regulates home-sharing activities, including services offered by companies like Airbnb.




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HomeAway.com, Inc. v. City of Santa Monica

(United States Ninth Circuit) - Upheld a beach town's ordinance imposing restrictions on companies, such as Airbnb Inc., that host online platforms for short-term vacation rentals. The internet companies claimed that the ordinance impermissibly infringed their First Amendment rights or was preempted by federal law. Disagreeing, the Ninth Circuit affirmed the dismissal of their lawsuit seeking to enjoin the ordinance.




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In re US Office of Personnel Management Data Security Breach Litigation

(United States DC Circuit) - Revived claims that the U.S. Office of Personnel Management's woefully inadequate cybersecurity practices enabled hackers to steal personal data about millions of past and present federal employees. Reversed a dismissal in relevant part, in a lawsuit brought by labor unions and others arising out of a 2014 cyberattack.




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Nick Heyward Announces His 2018 UK Tour Following The Release Of His New Album 'Woodland Echoes'

Following The Release Of His Critically Acclaimed New Album ‘Woodland Echoes’ That Entered At No. 4 In The Independent Album Charts, Nick Heyward Has Announced A UK Tour For 2018.




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The Ramona Flowers Release Captivating Single “Out Of Focus”

UK Band Unveils Music Video Ahead Of “Strangers” Album Release




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Screen Music Connect To Explore The Music Of Film, Television And Interactive Media

Tickets On Sale For New London-based Music Conference At Southbank Centre’s Purcell Room On September 24




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Make A Wish With Catherine Duc's 'Stargazing' Remix Of Ben Hobbs' 'Blind To You'

UK Singer/songwriter Ben Hobbs Teams Up With Grammy Nominees Catherine Duc And Gene Grimaldi On His Latest Remix




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Moen v. Regents of the University of California

(California Court of Appeal) - Reversed decertification of a class of retired University of California employees who claimed they were denied promised health insurance benefits. The retirees, who had worked at Lawrence Livermore National Laboratory, appealed the trial court's ruling that decertified the class for lack of commonality. On appeal, the First Appellate District held that the trial court's decertification ruling had relied on erroneous legal standards.




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Fritsch v. Swift Transportation Co. of Arizona, LLC

(United States Ninth Circuit) - Reversed a ruling that the amount in controversy in an employee class action was too low for federal jurisdiction under the Class Action Fairness Act (CAFA). An employer that had been sued for allegedly violating wage-hour laws, and that removed the case to federal court under CAFA, argued that the district court erred in remanding the case to state court. On appeal, the Ninth Circuit agreed with the employer that, in assessing the amount in controversy, the district court should have included future attorney fees recoverable by statute or contract. The panel therefore reversed and remanded.




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Rangel v. PLS Check Cashers of California, Inc.

(United States Ninth Circuit) - Affirmed the dismissal, on res judicata grounds, of a proposed wage-and-hour class action. While the plaintiff conceded that she was subject to a state class-action settlement that released all claims arising from the same set of allegations upon which her Fair Labor Standards Act lawsuit was based, she nonetheless contended that her FLSA action should be allowed to proceed. Agreeing with the trial court, the Ninth Circuit held that res judicata applied.




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Beaton v. SpeedyPC Software

(United States Seventh Circuit) - Affirmed the certification of a class action alleging that a software company's downloadable product to improve computer speed and performance was a scam. Held that the district court did not abuse its discretion in certifying a nationwide class and an Illinois subclass of software purchasers.




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Big E And The Wild Hairs Release New Single 'Kiss Of Death'

The Music Artists Known As Big E And The Wild Hairs Have Released Their Latest Single, “Kiss Of Death.”




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NoFaceNors Releases New Full-length Album 'Nacho Pack Vol. 1'

The Music Artist Known As NoFaceNors Has Released His Latest Full-length Album, “Nacho Pack Vol. 1.”




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OfficialVybe Will Release New Single, Entitled “Party At Atlantis” Under Roc Nation Record Label

“OfficialVybe Has Successfully Made A Deal With Roc Nation. He Will Release A New Single, “Party At Atlantis” This Year.”




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T-Mobile West LLC v. City and County of San Francisco

(Supreme Court of California) - Upheld a San Francisco ordinance that requires wireless phone service companies to obtain permits and conform with aesthetic guidelines when installing lines and equipment on utility poles. The companies sought a declaratory judgment that the ordinance is inconsistent with state law. However, the California Supreme Court was not persuaded by the companies' arguments.




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City and County of San Francisco v. Regents of the University of California

(Supreme Court of California) - Held that it is constitutional for San Francisco to impose a tax on drivers who park their cars in paid parking lots, even when the parking lot is operated by a state university.




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Stoetzl v. Dept. of Human Resources

(Supreme Court of California) - Reversed. Plaintiffs are state correctional employees who sought additional compensation for pre and postwork activities that include walking from outermost gate of prison to their work posts. The court divided Plaintiffs into two groups: union and non-union. The appeals court held that the non-union employees were entitled to overtime. The California Supreme Court held the union employees were not entitled to additional compensation because their collective bargaining agreement took that into account. And the non-union were not entitled because the walking time did not fit the definition of compensable work time under the Pay Scale Manual.




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City of Oroville v. Superior Court

(Supreme Court of California) - Reversed. A dental practice contended that the City of Oroville was liable under an inverse condemnation claim because of damage suffered when raw sewage began overflowing from toilets, sinks, and building drains. The lower court found that the city was liable. The Supreme Court disagreed, stating that the dentist could not prove that the damage was substantially caused by the design, construction or maintenance of the sewer system and that the damage could have been prevented if dentists had installed a legally required backwater valve.




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Union of Medical Marijuana Patients v. City of San Diego

(Supreme Court of California) - Reversed. The City of San Diego authorized medical marijuana dispensaries. It decided that the dispensaries did not constitute a project for the purposes of the California Environmental Quality Act, so an environmental review was not necessary. Plaintiff challenged the failure to conduct an environmental review. The appeals court agreed with the City’s assessment. The Supreme court ruled that an improper test was applied under Public Resources Code section 21065 to determine whether a review was necessary or not. The case was remanded for further proceedings.




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The International Radio Festival Announce Final Line Up Of Radio Stations

Broadcasting From Piazza D'Armi In Valletta, Malta




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Internationally Syndicated Radio Show And European Academy Of Country Music Announce Year End Chart

"Whiskey And Cigarettes" Country Radio Show, In Association With The European Academy Of Country Music (EACM) Has Announced Their Top 30 Of 2018 Year-end Chart. The Show Is Syndicated On More Than 25




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Born Davinvi The Voice Of Da East

Radio Debut On Rap Station Radio




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Radio Karma Presents A 20-Year Music Retrospective Of Kris “Halo” Pierce

Halo On The Radio Will Broadcast For Three Hours, Seven Days A Week.




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U.S. Bank National Association v. Bank of America N.A.

(United States Second Circuit) - Held that a bank's breach-of-contract lawsuit against another bank should not have been dismissed on timeliness grounds. Also addressed choice‐of‐law issues. Remanded for further proceedings.




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Eni US Operating Co., Inc. v. Transocean Offshore Deepwater Drilling, Inc

(United States Fifth Circuit) - In a contractual dispute between two companies in the oil-drilling business, vacated a bench trial judgment, in part. The contract related to exploratory drilling for offshore oil.




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City of Albany v. CH2M Hill, Inc.

(United States Ninth Circuit) - Held that a dispute between a city and an engineering firm belonged in state court rather than federal court. Affirmed a remand order based on language in the parties' venue selection agreement.




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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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PHL Variable Ins. Co. v. Town of Oyster Bay

(United States Second Circuit) - Affirmed. Trial court dismissed Plaintiff’s complaint for failure to state a claim on the grounds that the claimed agreement entered into with Defendant had not be approved by the Defendant’s governing board as required by New York Town Law, hence there was no valid and enforceable contract.




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Oliver Collins v. University of Notre Dame

(United States Seventh Circuit) - Reversed, where the district court granted summary judgment in favor of a tenured professor who was dismissed for cause. The University’s use of an informal mediator on the hearing committee did not violate the procedural requirements of the employment contract.




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Alarm Detection Systems, Inc. v. Village of Schaumburg

(United States Seventh Circuit) - Affirmed, reversed, and remanded in part. Largely affirming the dismissal of claims alleging a conspiracy between a city and alarm companies, but reversing the dismissal of a contracts clause claim against the city.




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Apache Deepwater L.L.C. v. W & T Offshore, Inc.

(United States Fifth Circuit) - Affirmed. The jury award of more than $43 mil. for the breach of a Joint Operating Agreement relating to the plugging and abandonment operation of offshore oil and gas wells in the Gulf of Mexico was affirmed because the application of Louisiana Civil Code and interpretation of the contract was appropriate. No bad faith offset entitlement was found.




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BFRS Offer Video Remote Building Inspection

With the Covid-19 pandemic preventing in-person inspections, the Bermuda Fire and Rescue Service [BFRS] is currently providing a Remote Video...




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Sail Bermuda: 20% Off For Essential Workers

Essential workers are being given a 20 percent discount on a luxury catamaran charter as a ‘thank you’ by Sail Bermuda for their work during the...




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Audio & Parliament Order Of Business

[Updated with audio] The House of Assembly will hold a ‘virtual session’ today [May 8] and statements scheduled to be delivered include...




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Official Govt & Legal Notices For May 8 2020

The official Government and Legal notices for today [May 8] include liquor licence and notification of planning applications registered. Notices of...




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Covid-19: Govt Offer Free PCR & Antibody Tests

The Government is offering free PCR and antibody testing to the general public beginning Saturday, May 9th between 2pm  – 7pm at the Southside...





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Premier Burt Sends Letter Of Condolence

Earlier this week, Premier David Burt sent a letter of condolence to the family of the late Speaker of the House of Assembly, Mr. Stanley W. Lowe,...




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Column: Celebrating All Of Bermuda’s Mothers

[Written by Gwendolyn E Creary] Happy Mother’s Day! Wow! This year marks 28 years that I have officially celebrated Mother’s Day, but technically I...




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California Threatens To Revoke Licenses Of Reopened Yuba, Sutter County Businesses

By Bob Moffitt

Dozens of people lined up to enter the Yuba Sutter Mall Wednesday morning. The mall is open again as the Yuba Sutter Marketplace, and under the authority of the local bi-county health department. 

Most of the biggest chains like Sears and JC Penney’s are closed. But locally-owned stores like Diya were open and realistic about the possibility of a rapid uptick in traffic.

“Our business usually, this is like wedding attire and stuff,” said store owner Gurjot Johl. The store advertises as purveyors of high-end Indian clothing.

“Since the churches and everything is closed, no weddings are going on. It’s gonna be a minute til everything opens up,” Johl said.

The store had been open for all of two days when the state order to close came down a month and a half ago.  

It’s reopened in defiance of California Gov. Gavin Newsom’s orders as Yuba and Sutter counties attempt to strengthen some rules while relaxing others. Still, many residents and businesses are following the new order with caution as the counties reopen sooner than the rest of the state.

The Yuba Sutter Mall in Yuba CityBob Moffitt / CapRadio

The order released last week from the Yuba and Sutter county health officer allows some businesses that had been classified as non-essential to re-open, with a face covering now being mandatory in any areas where employees or customers cannot maintain six feet of separation.

The order gives local approval for massage therapists and hair and nail salons to reopen. It also allows restaurants to offer dine-in service.  

For the first time, California’s case numbers decreased last week, although it was still the third-worst week of the pandemic. Some areas, like Tulare and Mariposa, have seen significant increases.

Newsom says Yuba and Sutter counties jumped the gun.

“They’re putting their public at risk. They’re putting our progress at risk. We’ve been clear about that. Well aware of those examples. These are exceptions. These are real exceptions. The overwhelming majority of Californians are playing by the rules, doing the right thing,” he said Tuesday.

Chuck Smith is a spokesman for the bi-county office of emergency services and says it’s not the counties' intent to go up against the state, but more masks and social distancing will minimize the health risks of reopening nonessential businesses. 

“It’s important that the business community and the people who are patronizing the businesses and people who are out follow the order as much as possible so we can go on to even the next phase of opening the community.”

Yuba-Sutter Health Officer Dr. Phuong Luu has said she was worried people would reach the point where they have to choose between medicine or food. Smith says it appears that time is now.

Under the new bi-county rules, people must wear masks in public when social distancing of six feet is unavailable. Under state rules, the mall is not essential and should still be closed.

Natasha Shelton is the mall’s general manager and says the local stores will be the primary option for at least a couple of days as national chains decide what they’re going to do.

“They’ve all taken a different approach. Some are saying that they’re waiting for the governor to lift the shelter in place order," Shelton said. "Others are saying that they want to see how the other retailers have done. Some are waiting for anchors to open.”

Footlocker and Zumiez will open Friday.

A massage space, barbershop and nail salon are all open despite warnings from their state licensing boards to remain closed. Shelton says the mall will follow bi-county health officer's orders to stay open, with mandatory social distancing or masks when that’s not possible.

The Nail Tech nail salon in Yuba CityBob Moffitt / CapRadio

Luu sent businesses throughout both counties a letter warning them to do better with wearing masks and social distancing. Otherwise they risk returning to stricter measures.

“I understand that some of your customers may strongly object to a facial covering requirement,” she wrote. “But the long-term safety of our community is at stake.”

 

Almost every store employee at the mall wore a mask, but many shoppers did not. On the first day of the mall’s reopening, Thomas Lozano and adult members of his family were there and all wore some type of face covering. The covering did not hide his disgust at what he saw.

“I was disappointed with the fact that not many customers wore masks. I thought that they would take more responsibility,” Lozano said.

While some residents were ready to return to the mall, others like Yuba City resident Susie Cauchi were shocked by the idea.

“I just finished cancer treatments,” she said. “I have to be extremely careful about contact with people.” 

Interviewed through a meeting app, she says she has no plans to eat out much less go to the mall. Besides recovering from the cancer treatments, she has an auto-immune disorder. She says there are just too many ways to make contact. 

“I don’t see how workers in a restaurant can socially distance, servers, even patrons," Cauchi said. "How do you eat with a face mask? You don’t. But also in salons you can’t. You have to be physically touching someone to be cutting their hair or performing services on their nails.”

The counties and state orders are in agreement that older people and those with weakened immune systems should stay home and that people should wear facial coverings when in public places. The state so far has only made face coverings a recommendation.

There are a few businesses that have remained open, or tried, in spite of the county orders and the state orders that are still in place. In Marysville, the Uppercut Barbershop never closed. A barber who rents a space there goes by the name Charlie Hustle. He says he will continue to cut hair despite receiving a phone call from the state telling him to stop and despite the risk.

“I am sensitive to the issue of everything going on. I know there’s a lot of people at risk. There’s a lot of people dying who shouldn’t be dying,” he said. ”But I feel like the way the media is portraying this. They’re instilling fear in a lot of people. Fear’s controlling a lot of what’s going on.”

The Uppercuts Barbershop in Yuba CityBob Moffitt / CapRadio

Uppercuts Barbershop is also open in the mall, and founder Randy Mitchell‘s daughter Maria Mitchell was cutting hair, just like the stores in Marysville, Wheatland and Rocklin have been throughout the shutdown. She was not wearing a mask.

“None of us have really worn masks,” she said. ”If they have Home Depot, Walmart and everything open, I think cutting hair is totally fine.”

Lisa Ringleberg of Olivehurst was getting her hair cut and agreed. She says neither she nor her five children wear masks in public, but they do stay away from people they don’t know. 

“I’m perfectly healthy. We were just at the doctor’s not too long ago. My daughter sees Shriners. So we’re pretty much cleared. I’ve known (Maria’s) dad since junior high,” she said.

The state and county orders say everyone should socially distance from anyone who is not living in the same home, and that roughly 20 percent of people spreading the virus don’t know they have it.

It is still the only business to be cited for failing to comply with the bi-county health order.

While the Uppercut has stayed open against orders, nail and hair salons have remained closed. Amy Myers rents a space at the Broken Bristle Salon and Spa in Yuba City. She says she has received notice from the State Board of Barbering and Cosmetology that there would be punishment if she were to resume practice. She agrees with Newsom’s stance, for some parts of the state.

“To an extent, there are places that shouldn't be opening that are, but honestly, how long are we going to sit in our house with maybe one confirmed case every two weeks,” Myers said. “It doesn’t make sense to just stay at home.”

She believes masks, social distancing and gloves can be used to keep customers and employees from possibly infecting each other. 

“Absolutely,” she said. “We wear gloves anyways except for maybe giving haircuts but that wouldn’t be an issue wearing gloves. The way I feel about it is we have more contact in Walmart than we do with a single person in our chair at the salon.” 

She receives unemployment insurance payments from the state, but says it’s not enough to feed her family.

“We’re ready to get back to work.” she said.

The massage therapist at Price Chiropractic in Yuba City has begun providing services on a limited basis. She did not respond to a request for comment. 

On the other side of Gray Avenue, Healing Massage Wellness is open, but only to sell hand sanitizer and other products made by local businesses. Nancy Vong is the owner. She says the state orders have been tough on her and her customers.

Healing Massage Wellness owner Nancy Van prepares a table inside her business, which has been closed since mid March. She says her only source of income is selling products made by local businesses.Bob Moffitt/CapRadio

“It makes me emotional because I see a lot [of] people that have mental [health issues] ... that are lonely, that are elderly, that need that connection, that human touch. Some of my clients haven’t been doing so well,” Vong said. 

She says she will be willing to give massages wearing gloves and a facial covering when the state says it’s OK, but she’s not willing to risk her license even with the bi-county order.

The California Department of Consumer Affairs said it could not make any of its six public information staffers available for an interview, but it did release a statement that says in part, “While we cannot discuss specific licensees, businesses that continue to put public health and safety at risk by not complying with the shelter in place order may be subject to disciplinary action from BBC [the state Board of Barbering and Cosmetology], if circumstances warrant it.”

Restaurant owners have had to lay off people and deliver or offer takeout or curbside pickup. That changes now under the counties’ order, but the tables by the door at Rico’s Pizza on Garden Highway in Yuba City are still stacked on top of each other and the chairs are piled high in a corner. 

Sara Saylors owns the place. Even though restaurants have lost 80-90 percent of their income and sit-down meals are now allowed, she’s not ready to unstack those chairs.

“We have a bathroom and people have to walk by all these tables. People are gonna be sitting here eating. People have to refill their drinks over here and there’s tables right here,” Saylors said. “Just trying to play it safe.”

Saylors wears a mask. Her brother Kenny says he usually does, but was not as he headed out the door with a delivery. 

At Salsa’s Fresh Mexican Food, Krystien Farias is the owner and greeter. 

“I’m being safe about it, washing my hands. I got sanitizer here. I have labels all over and I’m having social distancing,” she said.

Every other table has a sign that says “Please do not sit here.”

But she doesn’t wear a mask. “I feel very safe with the numbers (of new cases)” she said. “I’m gonna take that chance.”

The kitchen staff doesn’t wear a mask either, though Farias says they’re supposed to.The waitress does.

Customers Mark Indjer and Jay Anderson work together and were having lunch, but felt somewhat uneasy doing so. They’re both 59. Their masks rested on the table next to their meals.

Both discussed the governor’s response to the Yuba-Sutter area’s attempts to open their economies. 

“I don’t think there is a perfect answer. This is a test of sorts,” Injer said. “ No one truly knows what’s gonna happen.”

“The jury’s out. This is a pandemic It’s no joke. So we are still in the unknown area,” Anderson said. “Get back to me in November, OK? Right now, I’m being as careful as I can.”

At the Happy Viking bar and restaurant, the bar is still closed to alcohol sales inside and will stay that way if the owners want to keep their liquor license. 

The California Alcohol Beverage Control did a sweep of bars in Yuba and Sutter counties to remind them that consumption on site was prohibited. ABC says no businesses were cited.

Happy Viking Co-owner Sandy Drown told two men they could have their drinks served to them outside in to-go containers, but they couldn’t drink at the bar.

“I just wanted to let you know before you come in,” she said. The men first suggested they drink their beers in their trucks during their meals, then decided to try another bar.

Sandy and her husband Chris say they’re happy to have their dining room open, even if they must limit the number of open tables.They have taken precautions a step further.

“All employees (in the) front of house and back of house are wearing gloves and masks and properly changing their gloves,” Chris Drown said. “And we are sanitizing and sterilizing every surface as much as we can as often as possible.”

As for the county order for people to wear masks when they couldn’t be more than six feet from each other? 

“Our Sutter County sheriff told us not to police other people wearing masks,” Sandee Drown said. “We have a protocol as to what is proper. Hopefully everybody’s doing the same as we’re doing. We want to make sure we’re protecting our staff and our customers on our end.”

Of the restaurant’s 47 employees, 39 haven’t worked for a month and a half. Drown noted that Dr. Luu is an expert in infectious diseases and should be trusted to make local decisions.




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With Buy-in From Rural Counties, Nevada Starts First Phase Of Reopening Saturday

By Bert Johnson

Nevada Gov. Steve Sisolak announced the state will begin lifting COVID-19 restrictions sooner than expected, starting this weekend. 

“We will enter Phase One on Saturday May 9, before the current stay at home directive would have expired on May 15,” he said Thursday. 

This stage of Nevada’s Roadmap to Recovery allows for nonessential businesses like barbershops, salons and retail outlets to open their doors. And restaurants will be able to offer dine-in service again, too. But Sisolak explained there also will be some new requirements to make that process as safe as possible.

“Retail businesses shall limit the number of customers in their facility at any given time to no more than 50% of the allowed occupancy based on applicable firecodes,” he said. 

Restaurants will also be required to space tables six feet apart and use reservations whenever possible to help ensure social distancing.

Those stricter limits on customer density will also apply to essential businesses, like grocery stores, which didn’t have them before. Employees who work with the public will also be required to wear masks now, although customers are merely encouraged to do so.

Notably, the state’s casinos will remain closed at this point in the process. Bars that don’t serve food, movie theaters and gyms are also banned from reopening for now. 

Phase One — and every step that follows in the plan — will last at least two weeks, so officials can evaluate their impact on Nevada's outbreak.

The recovery plan was developed with input from the Local Empowerment Advisory Panel, which includes county-level elected officials tasked with seeking feedback from local leaders around the state. According to Clark County Commission chairwoman Marilyn Kirkpatrck, who represents urban communities for the panel, they wanted to avoid one-size-fits-all solutions. 

“We made sure that all of the counties had a voice in any statewide standards that we crafted,” she said. “There are different things across our state that make us unique.”

To that end, county officials are able to keep stricter standards for reopening in their jurisdictions if they think it’s necessary — but they won’t be allowed to make restrictions looser than those defined by the state. 

According to J.J. Goicoechea, who serves as Chairman of the Eureka County Commission and represents rural communities on the advisory panel, their efforts came in the nick of time. 

“We were right on the breaking point of some of these rural counties and some of these constituents just saying, ‘The hell with it, we’re gonna open. We’ve got to move forward, we can’t afford to stay closed anymore,’” he said.

In California, rural counties like Yuba and Sutter have bucked the state’s guidance and allowed non-essential businesses to reopen, prompting criticism from Gov. Gavin Newsom. Goicoechea says his efforts at communicating with his rural peers kept them invested in the process. 

Goicoechea says the plan’s flexibility is also important because the balance between public health and economic needs looks different in every community. 

“It was critical that we did have representation that these rurals felt comfortable talking to,” he said.

According to Kirkpatrick, the next step in the state’s plan to reopen was driven by public health concerns as well. 

“In Phase One we needed to be able to meet the federal criteria of the downward hospitalizations, we needed to increase the testing,” she said.

She added that Nevada is on track to be able to test 4,000 residents per day, with a target of 10,000 per day by June. Sisolak said in addition they’re expanding testing criteria, too. 

“They will all be able to get tests now if they’ve been identified as either a symptomatic or asymptomatic patient,” he said.

According to a recent NPR investigation, however, the state needs to test more than 5,000 people every day to be able to control its outbreak.




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California Warns Reopening Counties To Follow Governor’s COVID-19 Orders Or Risk Loss Of Disaster Funding

By Bob Moffitt

California’s Office of Emergency Services has given notice to three counties that the state will withhold disaster funding if they continue to defy Gov. Gavin Newsom’s orders to stem the spread of the coronavirus.

Newsom said Thursday that Yuba, Sutter and Modoc counties have “gotten ahead of themselves” by allowing some businesses to reopen in violation of his orders in response to the COVID-19 pandemic. The comments came as the state announced criteria for counties to move into Stage 2 of its plan to allow some businesses to reopen.

On the same day he made the comments, Newsom’s Office of Emergency Services threatened the counties by promising to withhold disaster funds if they continue to stray from the state’s plan. 

If a county believes “...there is no emergency, such that it can ignore the Governor’s Executive Orders or the State Public Health Officer’s directives, the county would not be able to demonstrate that it was extraordinarily and disproportionately impacted by COVID-19,” wrote Cal OES Director Mark Ghilarducci.

He went on to say the counties may not be eligible for reimbursement if they have a surge in COVID-19 cases.

Yuba and Sutter counties had been at 50 cases for several days, but now report 52 positive results. Modoc County has no confirmed cases of COVID-19 following 104 tests.

Yuba County spokesman Russ Brown confirmed it has received a letter. 

“As always we will do what is in the best interests of the health of the community and will continue to work with the governor’s representatives to achieve a balance with his orders as we move to the next phase of reopening California’s economy,” Brown said.




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Hoang v. Bank of America, N.A.

(United States Ninth Circuit) - Reinstated a borrower's Truth in Lending Act lawsuit seeking to rescind a loan for which the lender allegedly made improper disclosures. Held that the suit was not time-barred because the borrower had brought it within six years, which was the most analogous state statute of limitations. Reversed a dismissal.




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CTIA - The Wireless Association v. City of Berkeley

(United States Ninth Circuit) - Affirmed. An organization of wireless providers appealed the district court's denial of a preliminary injunction in their challenge of a Berkeley ordinance requiring cell phone retailers to warn potential buyers that carrying a phone could cause them to exceed FCC guidelines for exposure to radio-frequency radiation.




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Clifford v. Quest Software Inc.

(California Court of Appeal) - Reversed order denying Defendant’s motion to compel arbitration. Plaintiff filed a complaint against his employer for unfair competition under the Business and Professions Code section 17200 and also brought wage and hour claims. The Defendant moved to compel arbitration. The trial court granted arbitration for all claims, but for the unfair competition claim. The appeals court held that the unfair competition claim could also be subject to arbitration.



  • Dispute Resolution & Arbitration
  • Labor & Employment Law
  • Consumer Protection Law

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The Need for Spiritual End-of-Life Care

Prayer and a ministry of presence can make an eternal difference.

My grandmother died ten days ago. She was 88 years old. By all accounts she had lived a colorful life, with three husbands, three children, six grandchildren, and seven great-grandchildren. She routinely stated her intention to live another decade. Even though her body was failing her through arthritis and muscle loss, she hadn’t lost her desire to live, to see those great-grandchildren grow up, to enjoy the daffodils in April. But when she was diagnosed with colon cancer in early January and decided not to put herself through surgery, she knew her days were numbered, and she started to prepare to die.

Much has been written of late about the problems with end-of-life care in America. In an earlier post (Have Christians Made an Idol of Life?) I wrote about Ezekiel Emanuel’s argument that Americans should aspire to die around age 75. For many Americans, the final years are a series of financially debilitating medical decisions that—more importantly—result in suffering for patient and family members alike. Many studies have shown that doctors aren’t well-equipped to talk about death with patients, and often physicians suggest further treatments even when they know it will not serve the patient well. For the alleviation of physical suffering and financial burden, a national conversation about health care and end-of-life care has begun. (See, for instance Dying Shouldn’t Be So Brutal in the New York Times, The Ultimate End-of-Life Plan in the Wall Street Journal, and More on Faith and Life Care here in Christianity Today.)

In my grandmother’s case, good health insurance, financial plenty, devoted family members, and a daughter who had worked for years as an oncology nurse secured ...

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