(United States Second Circuit) - Affirmed in part, vacated in part, remanded. The District Court erred in granting a petition to have a child returned to his habitual home of Italy under the Hague Convention. Although it was affirmed that Italy was the child's habitual residence if repatriating him would expose the child to a grave risk of harm the district court isn't necessarily bound to return him.

(United States Second Circuit) - Affirmed. Financial institutions that hold junior notes issued by the defendant, as trustee, appeal the grant of summary judgement. The district court erred in holding that ICA § 47(b) does not give rise to a private right of action. However, the district court ordered distribution of the assets of the trust according to the terms of the trust’s governing indenture, so summary judgment affirmed.

(United States Second Circuit) - Affirmed in part, vacated and remanded in part. Finding no clear error in the district court’s determination that Defendant’s trademark infringement was willful, the award of gross profits was proper. However, the question of attorney’s fees and pre-judgement interest is remanded for further proceedings.

(United States Second Circuit) - Reversed in part, vacated in part, remanded for discovery. The district court abused its discretion by denying the Claimants’ motion for discovery on their statute‐of‐limitations defense and, accordingly, erroneously granted the Government’s motion for summary judgment on the timeliness issue.

(United States Second Circuit) - Affirmed. On appeal from his conviction of paying bribes to United Nations officials, Defendant argues the U.N. is not an “organization” within the meaning of the law and that the jury was not correctly instructed. Defendant's arguments fail on the merits.

(United States Second Circuit) - Affirmed. Finding the plaintiff failed to name a single instance of infringement or breach of the terms of his licensing agreement with the stock photo company from which Scholastica obtained his photos, the panel affirms the district court’s dismissal.

In kitchens across the world, focaccia gardens are blooming. On top of the flatbreads, cherry tomatoes open like petals, with long scallion stalks for stems. Yellow-pepper sunflowers stand tall with Kalamata olives at their center. Red onions bud in bushes made from fresh herbs.

New Legislation Would Protect Music Venues Threatened With Closure

Independent Record Labels Now Represent 38.4% Of Global Recorded Music Market Share In 2016 With Global Revenues In Excess Of $6bn

The U.S. Justice Department can not withhold millions of dollars in federal funding to Colorado law enforcement agencies by attaching immigration-related terms and conditions to securing the grants according to a federal judge's ruling.

(United States Federal Circuit) - Affirming the Court of International Trade's decision affirming a Department of Commerce ruling in the administrative review of an earlier anti-dumping order, the court held that no error occurred in the determination that a Chinese saw blade manufacturer was seeking to sell their products at less than fair market value in the United States.

(United States Second Circuit) - Vacating the district court's determination that a carpenters union was entitled to summary judgment as to Sherman Act Antitrust charges, but affirmed summary judgment for them as to unfair labor practices charges in a case where the union used subcontracting to include ironworking in their activities because the union did not qualify for the non-statutory exemption to antitrust liability, but qualified for the construction industry proviso.

(United States Third Circuit) - Affirming a district court dismissal of a case brought by numerous taxi associations seeking to prevent Uber from taking their business because Uber's conduct didn't arise to an antitrust violation, attempted monopoly, or other unfair business activity, even if it is killing the old taxicab businesses.

(United States Fourth Circuit) - Affirming the grant of summary judgment to a group of table saw manufacturers sued under antitrust laws because the acts upon which the complaint was based occurred prior to 2002, the claims expired in 2006, and the suit was not filed until 2014, refusing to apply the equitable doctrine of fraudulent concealment because the plaintiff was found to have had notice, at latest, by 2003.

(United States Federal Circuit) - Appeal from US Court of International Trade (ITC). Plaintiffs sought preliminary injunction to bar enforcement of Presidentially imposed tariff. ITC denied preliminary injunction and appeals court affirmed. The President has authority under Section 201 of the Trade Act of 1974 to impose tariffs and where a statute authorizes a Presidential determination, courts have no authority to look behind that determination to see if it is support by the record.

(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.

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

(United States Seventh Circuit) - District court's granting of summary judgment and bench verdict for Defendant affirmed. Sherman Act claim fails where the only current feasible way to comply with Chicagoland area city commercial fire safety ordinances was to use an exclusive provider. Under Fisher v. City of Berkeley, government restraints on trade imposed unilaterally do not form the basis of a Section 1 or Section 2 claim.

From Avery Burns, the new Acquisitions Editor for the Cumberland Law Review. Our theme for Issue 2 of Volume 51 is arbitration, mediation, negotiation, and other forms of the ADR practice. I am reaching out to see if you would be interested in possibly writing an article for the Law Review on any of the … Continue reading Cumberland Law Review Call for Papers →

A recent post anticipates that as we go through the current crisis, we will develop a “crisis new normal” and, after we recover from the crisis, a “normal new normal” (NNN).  At this point, governments, institutions, and individuals are still developing new routines as we wait out the crisis by doing things like sheltering in … Continue reading The Next New Normal in Law, Dispute Resolution, and Legal Education →

On April 24 Divided Community Project (DCP) Deputy Director Bill Froehlich and Steering Committee Chair Grande Lum joined HNMCP’s Neil McGaraghan and Kyle Strickland (from the Kirwan Institute for the Study of Race and Ethnicity) to record a webinar session for the ABA’s virtual conference. Bill shares a few reflections on the session which focus … Continue reading Reflections on Campus Collaboration and Virtual Tools →

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

 We are very fortunate to belong to a very generous community of law school colleagues who teach dispute resolution. One reflection of colleagues’ generosity is our freely sharing resources with each other.  My law school has hosted the Dispute Resolution Resources in Legal Education (DRLE) website to facilitate this sharing.  In particular, we have collected … Continue reading Calling All Syllabi →

The Poetry Olympics Is A Brand-New Initiative Created To Encourage, Inspire And Empower Writers Of Every Style And On Every Level.

In Conjunction With The Official Release Of "The World Is Yours To Change", J.S.C. Will Host An Online-based Release Campaign Beginning On July 15th, And Running Through To The September 8th Release

The Second Edition Of The Book Music Supervision, And The Newly Launched ‘How To Be A Music Supervisor’ Online Learning Platform, Introduces A Much-needed Educational Resource

Soundfly Offers New Hip-hop Production Class Taught By Charles "Blvk Samurai" Burchell With Two Free Months Of Splice Samples Included.

Talking Heads leader David Byrne’s new project, “Theater of Mind,” will miss its scheduled world premiere in Denver later this year, the Denver Center for the Performing Arts said today.

The park said it's seeing mid-summer crowds already.

Little Richard, the self-proclaimed “architect of rock ‘n’ roll,” has died Saturday. He was 87.

(United States First Circuit) - Affirmed the denial of habeas relief to a defendant who challenged his sentence under the Armed Career Criminal Act (ACCA). The defendant argued that his designation as an armed career criminal was unconstitutional under recent Supreme Court precedent, but the First Circuit disagreed, holding that current law still considers three of his convictions to be ACCA predicates.

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

(United States First Circuit) - Affirmed the fraud-related convictions of a man who falsely promised to provide professional legal assistance to individuals who were behind on their court-ordered child support payments. On appeal, the defendant made several claims of trial and sentencing error. The First Circuit affirmed his convictions and the order of restitution but remanded for resentencing using the proper version of the Guidelines Manual.

(United States First Circuit) - Denied an undocumented immigrant's petition for review of a decision ordering her removed from the United States. The El Salvador national sought asylum relief and protection under the Convention Against Torture Act, citing gang death threats she had received in her home country that had prompted her to leave. However, the First Circuit found no basis to overturn the Board of Immigration Appeals' conclusion that she did not have a well-founded fear of future persecution or satisfy other requirements for the relief she sought.

(United States First Circuit) - Affirmed the dismissal of a consumer complaint alleging that manufacturers of prescription eye drops deliberately designed their bottles to emit unnecessarily large drops in a ploy to force patients to waste the expensive medication and thus buy more of it. Moving to dismiss on preemption grounds, the manufacturers contended that the Food and Drug Administration would have to approve any modification of the medication's bottle. Agreeing, the First Circuit held that FDA regulations preempted the plaintiffs' state law claims seeking to force a change in the bottle design.

(United States First Circuit) - Affirmed the dismissal of an Indian tribe's complaint against federal and Rhode Island agencies concerning a highway bridge reconstruction. The tribe argued, at base, that the state of Rhode Island broke a promise to give the tribe three parcels of land as mitigation for the expected negative impact on historic tribal land of an I-95 bridge replacement project. Agreeing with the district court, the First Circuit held that the tribe's claims were barred by federal sovereign immunity and lack of subject matter jurisdiction.

Selected Route From Rochester To Brighton Scheduled For July, In Support Of Music Heals

The series was moved up two months to provide content-starved fans with something new to watch during the coronavirus pandemic. ESPN was originally planning to release the documentary in June, coinciding with what would have been this season’s NBA Finals.

B.J. Armstrong played on three NBA championship teams with Michael Jordan. He knows how Jordan is behind closed doors. He knows the sort of trials and tribulations that occur over the course of a season.

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

Statewide shutdowns due to the coronavirus led Denver to see giant jumps in TV viewership.

The park said it's seeing mid-summer crowds already.

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

Denver will conduct a three-minute test of the Outdoor Warning Siren System on Wednesday.

In the midst of the constant up-and-down of coronavirus news, both from science and the markets, it’s easy to lose sight of the scariest scenario of them all: the one where there’s no magic bullet. In this entirely plausible situation, there would be no effective Covid-19 vaccine or transformative therapy; the combination of testing and contact tracing wouldn’t successfully suppress the outbreak; and herd immunity would come, if at all, only after millions of deaths around the world.

Douglas Langworthy, director of new play development at the Denver Center for the Performing Arts, died Monday at the age of 61, the DCPA said.

Talking Heads leader David Byrne’s new project, “Theater of Mind,” will miss its scheduled world premiere in Denver later this year, the Denver Center for the Performing Arts said today.

Anyone wanting to buy or sell a home in metro Denver this year needs to buckle up and prepare for a wild ride in the months ahead.

Dazbog, the Denver Center for the Performing Arts, Pizza Republica and others that rent city-owned space have the option to defer rent payments for three months this year.

In the first round, Mark Kiszla wants the best player available, with the most Pro Bowl potential, regardless of position, every single time. Is that the right approach?