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Wikimedia Foundation v. NSA/CSS

(United States Fourth Circuit) - In a complaint challenging Upstream surveillance, an electronic surveillance program operated by the National Security Agency pursuant to the Foreign Intelligence Surveillance Act (FISA), 50 U.S.C. section 1801 et seq., the district court's dismissal of the complaint on grounds that the allegations in the complaint were too speculative to establish Article III standing, under Clapper v. Amnesty International USA, 133 S. Ct. 1138 (2013), is: 1) vacated as to Wikimedia-plaintiff where Clapper's analysis of speculative injury does not control this case, since the central allegations here are not speculative, and plaintiff's allegations are sufficient to survive a facial challenge to standing; and 2) affirmed as to the other plaintiffs because the complaint does not contain enough well-pleaded facts entitled to the presumption of truth to establish their standing.




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Two-Way Media v. Comcast Cable Communications

(United States Federal Circuit) - In a patent action relating to a series of patents concerning a system for streaming audio/visual data over a communications system like the internet, the district court's judgment that the asserted patents are ineligible subject matter under 25 U.S.C. section 101 is affirmed where the claims are directed at abstract ideas and contain no additional elements transforming them into patent-eligible applications.




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BWP Media USA Inc. v. Polyvore, Inc.

(United States Second Circuit) - Revived a media company's claim that a popular website infringed its copyright in certain photographs of famous celebrities. The website, which enables users to create and share digital photo collages, has a clipper tool that lets users clip images from other websites. Reversed summary judgment in relevant part, in this case involving the Digital Millennium Copyright Act.




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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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Sali v. Corona Regional Medical Center

(United States Ninth Circuit) - In an amended opinion, reversed the denial of class certification in a wage-hour lawsuit brought by registered nurses against a hospital.




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SOCIAL MEDIA FOR SOCIAL CREDIT

Diskery Launches First World Advertising Campaign!




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Crystal Beth Unleashes Her Debut Album PUSH THRU On Trey Gunn's 7D Media

Crystal Beth Is What Happens If You Cross Frank Zappa, Yoko Ono, Patti Smith, And Janice Joplin




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Alt Rock Band Last Kiss Goodnight To Release Much-Anticipated Debut Album Immortal After Immediate Success At Radio

The Critically-Acclaimed Group Netted The #4 Most Added Spot On The Billboard Mainstream Indicator Chart & Was The #1 Most Added On The Foundations Chart Week




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Internationally Acclaimed Soul Artist CORNELL “CC” CARTER To Release New Single “I SEE LOVE” From Upcoming Album ABSOULUTELY

CC Is Now Set To Unleash His Highly Anticipated New Single “I SEE LOVE” On All Digital Services August 9, 2019.




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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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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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Rhone v. Medical Business Bureau, LLC

(United States Seventh Circuit) - Held that a debt collector did not violate the Fair Debt Collection Practices Act by reporting to a credit bureau that a debtor had nine unpaid bills of $60, rather than simply indicating an aggregate debt of $540. Reversed the district court, in this case involving co-pays for physical therapy sessions.




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Why I'm Grateful for Mainstream Media

Fair treatment for Christians by secular journalists

I read and listen to a lot of news. NPR plays in the background as I’m making breakfast and dinner. We subscribe to Time, The Atlantic, and The New Yorker (as well as to Christianity Today, Books and Culture, and Critique). I scroll through The New York Times’ headlines and most-emailed list on my phone every day, and most days I check TheWall Street Journal and TheAtlantic as well. And that’s not to mention the podcasts and books. Both explicitly Christian content and content from avowedly secular sources inform my take on our world every day.

Many Christians worry that the mainstream media demonstrates a persistent bias against Christianity, and certainly examples of this type of bias exist. But recently I have been struck by the number of mainstream outlets in which an evangelical Christian perspective (not to mention mainline Protestant and Catholic positions) is given fair treatment and earnest engagement. Some of this writing comes from Christians writing for those publications—Ross Douthat for The New York Times, for example, or Rod Dreher in Time this week. But just as often, it comes from writers who aren’t Christians and who are simply doing their jobs with integrity.

In the past week alone, I’ve noted Time's cover article—with equal space given to “The Attack on Gay Rights” and “The Attack on Believers.” Conor Friedersdorf of The Atlantic, has once again defended the religious freedom of Christians who feel morally obligated not to participate in gay weddings (although he personally supports gay marriage). Not only that, he has argued that such Christians are not bigots but that they are often loving and lovely people who are following ...

Continue reading...




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Alt Rock Band Last Kiss Goodnight To Release Much-Anticipated Debut Album Immortal After Immediate Success At Radio

The Critically-Acclaimed Group Netted The #4 Most Added Spot On The Billboard Mainstream Indicator Chart & Was The #1 Most Added On The Foundations Chart Week




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UG! COMEDY SHOW!! NOW @ Drexler’s: Tuesday Oct. 1st, 2019 Ed.

Todd Montesi's Weekly Awesome Rock & Roll Comedy Showcase!




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UG! COMEDY SHOW!! NOW @ Drexler’s: Tuesday Oct. 8th, 2019 Ed.

Todd Montesi's Weekly Awesome Rock & Roll Comedy Showcase!




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SOCIAL MEDIA FOR SOCIAL CREDIT

Diskery Launches First World Advertising Campaign!




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Alt Rock Band Last Kiss Goodnight To Release Much-Anticipated Debut Album Immortal After Immediate Success At Radio

The Critically-Acclaimed Group Netted The #4 Most Added Spot On The Billboard Mainstream Indicator Chart & Was The #1 Most Added On The Foundations Chart Week




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Users are urged to get malware protection immediately

Due to a sharp increase in malware related spam, we urge everyone to make sure that their computers are adequately protected against malware attacks. If you don't have protection against malware, we strongly suggest an Internet Security suite. Feel free to contact us if you need any information about malware protection. You might also want for check out the latest examples of malware spam e-mails.




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Valtierra v. Medtronic Inc.

(United States Ninth Circuit) - Affirmed. The panel held that even if Plaintiff’s obesity were an impairment under the ADA, or he suffered from a disabling knee condition, he could not show a causal relationship between these impairments and his termination. Summary judgement in favor of the defendant affirmed.



  • Labor & Employment Law

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“Stop The World” And “Grace” Two Songs By The Corridors, Unites The Message Of The Mayor Of Taipei City To Improve The Children’s Medical Environment In Taiwan.

Bongo Boy Records' The Corridors Delivers Music To A Powerful Video Series To Make People Aware Of The Need To Improve The Child’s Medical Environment In Taiwan.




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Esteemed Classical Violinist Xia Xia Zhang's First Commercially Released Single Zhang’s Rendition Of The Famous Classic Cesar Franck Violin Sonata In A Minor II Alle

Xia Xia Zhang, Classical Violinist Performs Her Seven Minute,forty-two Second Long Version Of The Franck Violin Sonata By Cesar Franck. It Is One Of His Best-known Compositions, And Is Considered One





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Acclaimed Folk Bluegrass Artist Marion Halliday’s First Solo Album Soars To The Top Of The Charts

Rings Around Saturn Debuts At #3 With Halliday Named As #3 “Top Artist”




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Ashley Puckett Delivers A Dose Of Country “Medicine” On Debut Single Release

The Country Singer From Pittsburgh, PA Has Released The First Single From Her Forthcoming Full Length, Set For Late 2019 Release On MTS Records.




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Critically-Acclaimed Folk Artist Mara Levine Announces Northeast Fall Tour Dates And Prestigious Juried Showcase At The Northeast Regional Folk Alliance Conference

Facets Of Folk Hit #1 On The Folk Alliance International Folk DJ Charts And Is Now On The List For Consideration For The Grammy® For Best Folk Album




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Critically-Acclaimed Folk Artist Mara Levine Announces Northeast Fall Tour Dates And Prestigious Juried Showcase At The Northeast Regional Folk Alliance Conference

Facets Of Folk Hit #1 On The Folk Alliance International Folk DJ Charts And Is Now On The List For Consideration For The Grammy® For Best Folk Album




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Berardelli v. Allied Services Institute of Rehabilitation Medicine

(United States Third Circuit) - Held that the federal Rehabilitation Act generally requires that individuals with disabilities be permitted to be accompanied by their service animals. The plaintiffs in this case were the parents of an elementary school student with epilepsy who wanted to be accompanied at school by her service dog. On a question of first impression in the federal courts of appeals, the Third Circuit concluded that such requests for reasonable accommodation are per se reasonable in the ordinary course. The panel held that the district court's contrary jury instructions constituted reversible error.




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In re Tribune Media Co.

(United States Third Circuit) - Held that the bankruptcy court correctly disallowed a claim brought by the debtor's former employee. A former television station employee argued that the station, whose owner was now in bankruptcy, was liable for unlawful racial discrimination. Affirming summary judgment against his claim, the Third Circuit concluded that he failed to raise a triable issue and, further, that it was too late for him to challenge the bankruptcy court’s jurisdiction to hear his discrimination claim, since he never objected to this during bankruptcy proceedings.




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In re Tribune Media Co.

(United States Third Circuit) - Held that the bankruptcy court correctly disallowed a claim brought by the debtor's former employee. A former television station employee argued that the station, whose owner was now in bankruptcy, was liable for unlawful racial discrimination. Affirming summary judgment against his claim, the Third Circuit concluded that he failed to raise a triable issue and, further, that it was too late for him to challenge the bankruptcy court’s jurisdiction to hear his discrimination claim, since he never objected to this during bankruptcy proceedings.




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Netro v. Greater Baltimore Medical Center, Inc.

(United States Fourth Circuit) - Affirming the district court's determination that a hospital did not fail to pay funds owed Medicate for the treatment of the plaintiff's mother, despite being a bit late in their payment, meaning that the plaintiff was not entitled to double damages under the Medicare Secondary Payer Act.




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Darcus Beese Named President Of Island Records

Renowned U.K. Music Executive To Join Universal Music Group's U.S. Label Leadership




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

Created By James Hannigan, Award-winning Composer And Game Music Connect Co-founder, Screen Music Connect Builds On The Success Of The Sold-out Game Music Conferences




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

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




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Detroit Artists Team Up For Two Headline Sketch Comedy Shows In One Night Only Event

Michael Fish & Phil Elam Perform Separate One-man Productions To Raise Money For Charity




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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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Gold Medal LLC v. USA Track and Field

(United States Ninth Circuit) - Affirmed that the U.S. Olympic Committee and USA Track and Field did not violate antitrust law by imposing advertising restrictions during the Olympic Trials. A chewing gum company that wished to pay to display its logo on athletes' apparel brought this suit to challenge the advertising restrictions. Rejecting the company's arguments, the Ninth Circuit held that the defendant organizations were entitled to implied antitrust immunity on the basis that their advertising restrictions were integral to performance of their duties under the Ted Stevens Olympic and Amateur Sports Act.




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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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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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"Tweet... Tweet" - From A Bird Named Diskery

Diskery Gets New Twitter Account




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Rivera-Rivera v. Medina and Medina, Inc.

(United States First Circuit) - Reinstated an employee's claims that she was harassed based on her age and retaliated against in violation of both federal and Puerto Rico law, claims which had been dismissed on summary judgment. The employee argued that there were genuine disputes of material fact. In reversing summary judgment, the First Circuit agreed with the employee's argument that genuine disputes of material fact existed as to certain claims.



  • Labor & Employment Law

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Medical Mutual Insurance Co. v. Burka

(United States First Circuit) - Held that a professional liability insurer had no duty to defend a physician who was accused of improperly accessing his ex-wife's medical records so he could harass and embarrass her. In this declaratory judgment action, the insurer argued that it had no duty to defend the physician from his ex-wife's legal claims, which had been filed in state courts in Maine and Maryland. The First Circuit agreed that the matters fell outside the insurance policy's coverage, and affirmed summary judgment for the insurer.





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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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He was shot trying to stop an armed classmate during the STEM School shooting. Now, Josh Jones is focused on helping others.

Faith and a newfound sense of purpose have helped Josh Jones cope over the past year since the STEM School shooting, even as he ponders -- without answers -- why he and his friends have had to deal with this tragedy at their young age.




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No charges against Adams County deputy in fatal shooting of armed man

An Adams County Sheriff's deputy who fatally shot an armed man, who had fired multiple shots at the deputy while fleeing an arrest, was justified in his actions and will face no criminal charges in the shooting.





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No charges against Adams County deputy in fatal shooting of armed man

An Adams County Sheriff's deputy who fatally shot an armed man, who had fired multiple shots at the deputy while fleeing an arrest, was justified in his actions and will face no criminal charges in the shooting.