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Gonzalez v Department of Health Care Services

(California Court of Appeal) - Affirmed. Plaintiff appealed from order of the probate court denying their request that special needs trust be distributed to them rather than Department of Health Care Services. Appeals court found Department was entitled to reimbursement for Medi-Cal expenses.




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Mexico's Mike Rosales Releases "Just Feel"

Mexico's Mike Rosales Seeks To Rock The Underground House Scene With "Just Feel".




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De betrokkenheid van de klant in het digitale, post-coronatijdperk

De coronacrisis heeft een grote impact op de manier waarop we op dit moment met elkaar omgaan. Dat deze crisis een enorme boost gaat geven aan de digitale transformatie, is wel duidelijk. Maar wat zijn de consequenties van deze digitale versnelling voor de relatie tussen organisaties en hun klanten? Gaan we straks weer terug naar […]




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US v. Gonzalez

(United States Third Circuit) - Affirmed a brother's and sister's convictions and life sentences for conspiracy to commit interstate stalking and cyberstalking resulting in death. The two siblings were indicted after their father shot and killed the brother's ex-wife and himself. On appeal, the siblings both disputed the constitutionality of the statutes under which they were convicted and also brought numerous other challenges to their convictions and sentences. However, the Third Circuit affirmed the district court's decision in all respects, in a case that the appellate panel said involved numerous issues of first impression.




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Myers v. Raley's

(California Court of Appeal) - Held that, in light of intervening decisional law, the trial court must reconsider its denial of class certification in a wage and hour lawsuit. Reversed and remanded, stating that the trial court must provide a more detailed explanation of its reasons for not certifying a class in this suit brought by employees of a grocery store chain.




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Laura Espinoza And Lunden Reign Release New Single Feat. Missing Persons Legend Dale Bozzio

“Somewhere There Forever” Ft. Dale Bozzio By Laura Espinoza And Lunden Reign




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People v. Valenzuela

(Supreme Court of California) - Addressed the effect of Proposition 47 on a conviction for street terrorism. Held that once the defendant's conviction for grand theft (stealing a bicycle) was reduced to a misdemeanor under the new law, his conviction for the gang crime of street terrorism must be dismissed, because there was no longer a felony predicate for it.




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People v. Canizales

(Supreme Court of California) - Reversed as to attempted murder conviction. Defendant was tried and convicted of first degree murder and two attempted murders. The trial court instructed the jury on the attempted murder using the kill zone theory, which allows for the conviction of attempted murder of an individual who was not the primary target. California Supreme Court held that the jury was not properly instructed and reversed the attempted murder conviction.




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People v. Aledamat

(Supreme Court of California) - Reversed court of appeal ruling that found prejudicial error. Defendant was charged with assault with a deadly weapon, specifically a box cutter. The Supreme Court concluded as a matter of law that a box cutter is not inherently deadly, but that the Defendant used the box cutter in a deadly way. The Court went on to say that the trial court’s determination that the box cutter was an inherently deadly weapon was harmless error.



  • Criminal Law & Procedure
  • Judges & Judiciary
  • Evidence

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Doctor’s Associates, Inc. v. Alemayehu

(United States Second Circuit) - Vacated and remanded. Finding the promise to arbitrate in the franchise application was supported by adequate consideration, the panel vacates the district court’s denial of DAI’s motion to compel arbitration and remands for further proceedings.




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Archer and White Sales, Inc. v. Henry Schein, Inc.

(United States Fifth Circuit) - Affirmed. On remand from the Supreme Court the panel determined that the parties to an arbitration clause did not clearly and unmistakably delegate the question of arbitrability to an arbitrator and that the district court had the power to make this determination.




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Alessa Ray Announces New Single “Gypsy Woman”

Paraguayan Songwriter, Producer And Performer Unveils Details On Her Latest Single “Gypsy Woman” Which Is Set For A Friday, 8/9 Release




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Henry Schein, Inc. v. Archer and White Sales, Inc.

(United States Supreme Court) - Held that when a contract delegates to an arbitrator the threshold question of whether a dispute belongs in arbitration, a court must allow the arbitrator to decide the issue, even if the court thinks that the arbitrability claim is wholly groundless. That is, a court may not short-circuit the process by stepping in for the arbitrator. The "wholly groundless" exception is inconsistent with the Federal Arbitration Act. Justice Kavanaugh wrote the unanimous opinion, which resolved a circuit split.



  • 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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Archer and White Sales, Inc. v. Henry Schein, Inc.

(United States Fifth Circuit) - Affirmed. On remand from the Supreme Court the panel determined that the parties to an arbitration clause did not clearly and unmistakably delegate the question of arbitrability to an arbitrator and that the district court had the power to make this determination.




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Halestorm Announce Roadiestrong Campaign

Halestorm have announced the launch of their #ROADIESTRONG support campaign




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Aloft Hotels And MTV Spotlight Top Asia Pacific Music Talent

Aspiring Musicians Are Invited To Submit Original Songs For A Chance To Win A Mentorship By MTV And US$10,000 To Fund Their Music Journey




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Briony Turner And Alec Boateng Promoted To Co-Heads Of A&R, Atlantic Records UK

Turner And Boateng Will Oversee The Atlantic A&R Team, Joint Projects, As Well As Maintaining Their Own Artist Rosters




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Denver Botanic Gardens’ giant Spring Plant Sale is still on — but you have to move quick

Denver Botanic Gardens' 2020 Spring Plant Sale is still happening despite the coronavirus outbreak throughout Colorado.




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GONZALES v. CONOCOPHILLIPS COMPANY

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




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Dispensaries saw the biggest sales day of the year after Denver’s initial stay-at-home order looked to close them

On Monday, Denver dispensaries saw their biggest sales day of the year so far, according to data firm Flowhub. Sales were up 140% compared to an average Monday, the company reported.




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After Receiving Rave Reviews For “Rearview” Tamara Maddalen Releases “Cosmic Fail”

The Song Delivers A Combination Of Roots Rock Set To Bluesy Boogie-woogie Rhythm Complete With The Twang Of Pedal Steel Guitar.




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TOM KEIFER #KEIFERBAND ‘RISE’ LANDS AT #10 ON BILLBOARD’S “HARD ROCK ALBUM SALES” CHART WITH STRONG DEBUTS ACROSS MULTIPLE CHARTS

TOM KEIFER’s Highly Anticipated Album RISE With #keiferband Has Garnered Impressive Debuts On Various Billboard Charts.




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Alexia Riva Shines Again On New Single

Alexia Riva Is A French Mexican Singer Songwriter Based In Barcelona Who Has Created A Signature Sound That Revolves Around The Worlds Of Pop, Jazz And Soul Music.




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Shiny Penny Celebrates Billboard Chart Debut At #50 On Billboard Christian Album Sales Chart With New Album Entitled HERE IN THE OPEN

Shiny Penny Celebrates Billboard Chart Debut At #50 On Billboard Christian Album Sales Chart (for Week Of September 28, 2019) With New Album Entitled HERE IN THE OPEN




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US v. Gonzalez

(United States Third Circuit) - Affirmed a brother's and sister's convictions and life sentences for conspiracy to commit interstate stalking and cyberstalking resulting in death. The two siblings were indicted after their father shot and killed the brother's ex-wife and himself. On appeal, the siblings both disputed the constitutionality of the statutes under which they were convicted and also brought numerous other challenges to their convictions and sentences. However, the Third Circuit affirmed the district court's decision in all respects, in a case that the appellate panel said involved numerous issues of first impression.




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Jutrowski v. Township of Riverdale

(United States Third Circuit) - Held that a motorist who was kicked in the face during his arrest, breaking his eye socket, could pursue conspiracy claims against the four police officers at the scene, all of whom denied kicking him or seeing who did. The motorist did not know which of the officers had kicked him. The Third Circuit held that this doomed his excessive-force claim. However, the panel allowed him to continue litigating his claim of an unconstitutional after-the-fact conspiracy to cover up misconduct, reversing summary judgment in relevant part.  




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Gonzalez v. Sessions

(United States Fourth Circuit) - Petition granted; reversed and remanded the decision of the Board of Immigration Appeals which had found that payment of court costs qualified as a conviction under the Immigration and Naturalization Act. Plaintiff entered the US illegally and then several years later pled guilty to a misdemeanor marijuana charge where the court withheld adjudication of guilt and assessed $100 in court costs. The Fourth Circuit held that the assessment of court costs was not a punishment and therefore there was not a conviction.




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US v. Jesus Alejandro Chavez

(United States Fourth Circuit) - Affirmed the convictions of the defendants for all crimes charged against them, including violent crimes in the aid of racketeering. Defendants alleged errors and Brady violations. The court held that a Brady claim must establish evidence that was favorable to the accused, suppressed, and material to the verdict, but did not find that there was any such evidence rising to the level of a Brady exclusion.




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Abdul-Mumit v. Alexandria Hyundai LLC

(United States Fourth Circuit) - Affirmed the dismissals of three consumer lawsuits alleging that Hyundai Motor America misrepresented the estimated fuel economy of certain models of the Hyundai Elantra. In affirming the dismissals, the Fourth Circuit held that the complaints failed to satisfy federal pleading standards, except as to a single claim in one of the complaints, which the appeals court dismissed for lack of jurisdiction.




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US Tobacco Cooperative Inc. v. Big South Wholesale of Virginia, LLC

(United States Fourth Circuit) - Held that the United States should be substituted as a party defendant in a lawsuit in which two defendants were tobacco industry businesspeople who had agreed to perform undercover work for the U.S. Bureau of Alcohol, Tobacco, Firearms and Explosives. The question before the Fourth Circuit was whether the United States should be substituted as a party defendant. The panel held that the answer was yes, and thus reversed the district court's ruling on the matter.




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VanDevender v. Blue Ridge of Raleigh, LLC

(United States Fourth Circuit) - Held that plaintiffs bringing three wrongful death nursing home malpractice claims were entitled to punitive damages. The nursing homes argued that they were not liable for punitive damages because there was no aggravating factor justifying such an award, and the trial court granted their JMOL motion. Reversing, the Fourth Circuit held that the plaintiffs had presented evidence sufficient for a reasonable jury to award punitive damages under North Carolina law.







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Doctor’s Associates, Inc. v. Alemayehu

(United States Second Circuit) - Vacated and remanded. Finding the promise to arbitrate in the franchise application was supported by adequate consideration, the panel vacates the district court’s denial of DAI’s motion to compel arbitration and remands for further proceedings.




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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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One Day Sale on ABA books – May 1 only – 30% off

I want to pass along a notice of a one day sale on ABA books. Friday, May 1 is Law Day and ABA Publishing is celebrating this special day by offering a promotion of 30% off + free ground shipping on all books and e-books. This is a one-day sale similar to the annual Cyber … Continue reading One Day Sale on ABA books – May 1 only – 30% off




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CLOUZINE International Music Magazine Continues To Discover And To Promote Indie Talents From All Over The World. More To Be Featured In Clouzine's Next Issue #17

Clouzine Discovers And Promotes Indie Talents Part Of Discoveries (#16) Tremendous (UK), Jennifer Mlott (USA), And King Fally (Nigeria).




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US v. Sosa-Gonzalez

(United States First Circuit) - Affirmed the sentence of a defendant who pleaded guilty to one count of being a felon in possession of a firearm and to one count of possession of a machine gun. The defendant challenged his sentence on procedural and substantive reasonableness grounds. Finding no error, the First Circuit affirmed.




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JORDAN ST.CYR WINS ARTIST OF THE YEAR AT TALENT CONTEST

Canadian Singer Jordan St.Cyr Has Been Selected As Artist Of The Year At The 1st Annual Christian International Talent Contest.





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DCPA postpones “Hamilton” ticket sale two days after announcing it

Two days after announcing it, the Denver Center for the Performing Arts is postponing public sales of tickets for the touring Broadway musical “Hamilton.”






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Kevin Takes His Talents to the Hood!



Kevin Hart takes jokes back to the hood.




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Next Week On Lift Every Voice: Valerie Simpson and More



Christopher Williams and Valerie Simpson take the hot seat.




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T.I. Calls Out Female MCs For ‘The Most Derogatory Raps’



The rapper and Tiny blame today’s music for relationships.




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Watch 'Black Ink Crew’s’ Alex Propose To Girlfriend Donna



He put a ring on it.