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Simmons v. Secretary of Health and Human Services

(United States Federal Circuit) - Affirming the denial of attorney fees and costs to a man who sued claiming that he developed Guillain-Barre Syndrome as the result of a flu vaccination because the Court of Federal Claims correctly concluded that there was no reasonable basis for the claim.




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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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AIDS Healthcare Foundation, Inc. v. Gilead Sciences, Inc.

(United States Federal Circuit) - Affirming the dismissal of a declaratory judgment action filed against the producer of several antiviral drugs used in the treatment of AIDS by an organization providing medical care to AIDS sufferers seeking to have patents declared invalid because the action failed to meet the requirements of the Declaratory Judgment Act.




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Oliver v. Secretary of Health and Human Services

(United States Federal Circuit) - Affirmed that vaccinations given to an infant did not cause him to develop a seizure condition. The parents of an infant who developed an illness called Dravet syndrome after being vaccinated sued the Secretary of Health and Human Services for compensation under the National Childhood Vaccine Injury Act of 1986. Agreeing with the findings of the U.S. Court of Federal Claims, the Federal Circuit held in a 2-1 decision that the parents failed to show that the infant's injuries were caused by his vaccinations.




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Teamsters Local 404 Health Services and Insurance Plan v. King Pharmaceuticals, Inc.

(United States Second Circuit) - Held that it was proper to remand to New York state court a case in which a labor union health plan sought disclosure of a patent dispute settlement agreement between pharmaceutical companies and the generic manufacturer of the EpiPen. Affirmed the district court's remand order, in this special proceeding under New York law seeking pre‐action disclosure.




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Helsinn Healthcare S.A. v. Teva Pharmaceuticals USA, Inc.

(United States Supreme Court) - Held that an inventor's sale of an invention to a third party who is obligated to keep the invention confidential can qualify as prior art for purposes of determining the patentability of the invention. The dispute here involved two pharmaceutical companies that disagreed about whether a certain drug was under patent; one of the companies wanted to market a generic version of it. Justice Thomas delivered the unanimous opinion.




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True Health Chiropractic Inc. v. McKesson Corp.

(United States Ninth Circuit) - Reversed the denial of class certification in an action where a healthcare company was accused of unlawfully sending unsolicited faxed advertisements in violation of the U.S. Telephone Consumer Protection Act. The district court denied the motion for class certification on the ground that individual issues would predominate over issues common to the putative class. On an interlocutory appeal, the Ninth Circuit disagreed and remanded for further proceedings.




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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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People v. Dalton

(Supreme Court of California) - Modified a sentence imposed in a capital murder case, on an automatic appeal.




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Smith v. Travelers Casualty Ins. Co.

(United States Fifth Circuit) - Affirmed. An insurer was not liable for contractual and statutory violations arising from the denial of a commercial property insurance claim. The suit was untimely because re-investigation by the insurer did not toll the accrual of the cause of action.




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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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Juen v. Alain Pinel Realtors, Inc.

(California Court of Appeal) - Held that a real estate firm could not compel arbitration of a home seller's proposed class action lawsuit. The arbitration clause in his residential listing agreement was unenforceable because there was no proof the broker had initialed it. Affirmed the ruling below.



  • Property Law & Real Estate
  • Dispute Resolution & Arbitration

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Valentine v. Plum Healthcare Group, LLC.

(California Court of Appeal) - Affirmed order denying petition to compel arbitration. Plaintiffs attempted to enforce arbitration in an action for elder abuse and wrongful death at a skilled nursing facility. The trial court determined that the successor in interest was bound by the agreement to arbitrate, but the children of the decedent were not so bound. The trial court denied the petition to arbitrate to prevent inconsistent findings if both arbitration and litigation proceeded concurrently. The appeals court agreed.



  • Injury & Tort Law
  • Dispute Resolution & Arbitration
  • Elder Law

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Entering Phase 2, Prospective Reopening / Sleep & COVID-19 / New Health Care Workers Anthem

California moves toward Phase 2 in changing its stay-at-home rules. We check in with businesses who could soon reopen their doors. A Sutter Health sleep expert talks odd dreams and interrupted sleep, and an anthem to healthcare workers.




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The Nashville Musicians Sound Healthcare Plan Rolls Out

Sound Healthcare & Financial Announced The Formation Of A True Group Health Insurance Policy Plan For Musicians And Industry Professionals




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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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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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Baltimore 80s Tribute Band The New Romance Invited Back To China To Perform Exclusive Business Gala

Renowned Group Returns As The Headliner For The British Business Association Of Macau Annual Ball, Which Benefits A Local Scholarship Fund




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Texas-Based Zack Walther Band Corrals Americana/Roots Music Extravaganza On New CD, The Westerner, Releasing October 25

Texas-Based Zack Walther Band Corrals Americana/Roots Music Extravaganza On New CD, The Westerner, Releasing October 25




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NNADOZIE v. MANORCARE HEALTH SERVICES LLC HCR MD LLC

(US 4th Circuit) - No. 19-1369




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Reading Health System v. Bear Stearns and Co. n/k/a J.P. Morgan Securities LLC

(United States Third Circuit) - Affirmed that a broker-dealer was required to arbitrate a customer's claim. The broker-dealer had placed a contractual clause in its agreement with an institutional customer stating that the customer must bring any claims arising out of their agreement in a particular federal court. Splitting from several other circuits on the enforceability of such forum-selection clauses, the Third Circuit held that the clause was unenforceable because it would circumvent Financial Industry Regulatory Authority (FINRA) Rule 12200. The panel therefore affirmed an order compelling the broker-dealer to submit to FINRA arbitration.




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Levins v. Healthcare Revenue Recovery Group LLC

(United States Third Circuit) - Reinstated a claim that a debt collector violated the Fair Debt Collection Practices Act by leaving telephone voice messages that did not use its true name. The plaintiffs filed a class-action complaint alleging that the debt collector left pre-recorded messages on their phone that did not state the caller's correct name. Reversing the district court, the Third Circuit held that they stated a plausible claim for relief under the statute's true-name provision, though the panel affirmed the dismissal of their other causes of action.




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Sterling v. Southlake Nautilus Health

(United States Seventh Circuit) - Affirmed in part and reversed in part. A company that was unaware of a debt discharge in bankruptcy was not liable for continuing to attempt to collect on its debt, but one company who was notified and proceeded in state court could be held liable for actions taken by counsel on its behalf.




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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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Angry Mob Music Group Hires Paula Savastano As Senior Director Of Copyright & Royalties

Savastano Will Oversee Audits, Royalty Collection And Processing, Licensing, Copyright Issues, And All Other Copyright And Royalty Duties.




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SANZONE v. MERCY HEALTH 10 10 11 20 11 20 21 40 21 40

(US 8th Circuit) - No. 18-3574




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Biondo v. Kaledia Health

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




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Sound Royalties Unearths Millions In Undistributed Royalties

Nearly $14 Million In Undistributed Royalties Has Been Found By Music-focused Finance Firm Sound Royalties




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Sea Breeze Salt, Inc. v. Mitsubishi Corp.

(United States Ninth Circuit) - Held that an antitrust lawsuit was barred by the act-of-state doctrine. The plaintiff corporations alleged that a Mexican-government-owned salt production company engaged in an antitrust conspiracy with a Japanese company. Affirming dismissal of the complaint, the Ninth Circuit held that the lawsuit was fundamentally a challenge to Mexico's determination about the exploitation of its own natural resources and thus was barred by the act-of-state doctrine, which precludes adjudication of the sovereign acts of other nations in U.S. courts.




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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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Make Health, Not War: In Search of Long-Term Survival

From my wonderful Marquette colleague, professor in social and cultural sciences, Alexandra Crampton, who argues that the very metaphors we use make us less likely to succeed in staying healthy:  As the Covid-19 virus circulates, so have war metaphors. UN and national leaders are using a familiar rallying cry to justify their moral authority, calls … Continue reading Make Health, Not War: In Search of Long-Term Survival




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Doe v. Harvard Pilgrim Health Care, Inc.

(United States First Circuit) - Reinstated a lawsuit alleging that a health insurance company improperly denied coverage for in-patient mental health services. After several unsuccessful administrative appeals, the insured sued the insurance company under ERISA, claiming that all of her time spent at a mental health residential treatment facility was medically necessary and thus should have been covered under an employer-provided healthcare plan. On appeal, the First Circuit vacated an order granting summary judgment for the insurance company, holding that the district court should have allowed the insured to supplement the administrative record.





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Chatfield alum Dalton Keene selected by Patriots in third round of NFL draft at No. 101 overall

The former Colorado prep standout who led the Chargers to the 2016 Class 4A semifinals was selected in the third round at No. 101 overall by the Patriots on Friday.




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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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WATCH: MSU Denver uses 3D printing lab to produce personal protective equipment for health care workers

Ted Shin, the chair of the Department of Industrial Design at Metropolitan State University of Denver, could see coronavirus coming, first in China, then in Italy.




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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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Altitude TV secures legal victory against Comcast with court ruling to proceed in the pandemic

Altitude TV will move forward in its antitrust lawsuit against Comcast after a Colorado federal court ruled in favor this week of allowing the case to continue during the pandemic.





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Police upping patrols at Tri-County Health after “civil war” threat over coronavirus restrictions

Police in Greenwood Village are increasing patrols around the Tri-County Health Department after authorities say someone sent a threatening email to the office's receptionist that warned of a looming "civil war" over ongoing coronavirus restrictions.




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Kevin Hart and Tyga Have Alter Egos



Kevin and Tyga are gangsters on the low.





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Next Week On Lift Every Voice: Salt & Tye Tribbett



Salt & Tye Tribbett come share their inspirational stories.



  • Lift Every Voice

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Jeffrey Wright Debuts Video To Help Health Care Workers



Brooklyn For Life! buys meals from neighborhood restaurants.




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Buffie Purselle Posts Epic Statement About Mental Health



The reality stars are beefing on Instagram.




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See How DJ Khaled Is Helping Frontline COVID-19 Health Care



The hip-hop producer is going through his nonprofit.




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Hip Hop Community Holding Benefit For NY Healthcare Workers



See more of the best quarantine lituations in music.





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NFL Will No Longer Test For Weed, Offers Alternative Instead

An increased level of THC has to show in urine samples.




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NBA Players Who Tested Positive For Coronavirus Share Major Health Update

Utah Jazz players were diagnosed on March 11.