(United States Ninth Circuit) - In a shareholder derivative lawsuit alleging that casino resort board of director defendants breached their fiduciary duties, the District Court's dismissal under Fed. R. Civ. P. 23.1 is affirmed where: 1) diversity jurisdiction under 28 U.S.C. section 1332(a)(2) was improper because there were American citizens on both sides of the case; 2) the district court did not abuse its discretion in determining that the shareholders failed to comply with Rule 23.1 or state law governing demand futility; and 3) there was no reversible error if the district court considered materials extraneous to the complaint.

(NY Supreme Court) - 527667

(United States Ninth Circuit) - Held that a health insurance company did not violate the Affordable Care Act's Medical Loss Ratio provision, which requires an insurer to pay a rebate to enrollees if it uses less than 80 percent of the revenue it takes in to pay medical claims. Affirmed a dismissal, in this proposed class action lawsuit brought by health insurance enrollees.

(United States Seventh Circuit) - Held that an insurance company was not liable for bad faith for failing to settle a medical malpractice claim for the policy limit. Affirmed a JMOL against the claims of an outpatient surgical center.

(United States DC Circuit) - In a Freedom of Information Act case, held that the presidential communications privilege barred disclosure of five memoranda memorializing advice to President Obama about a military strike on Osama bin Laden's compound in Pakistan. Affirmed a summary judgment ruling.

(California Court of Appeal) - In a class action against a Water District challenging the method used by District to calculate wastewater service 'fees or charges' between about 2012 and 2014, the trial court's judgment in favor of defendant, holding that plaintiffs failed to exhaust their administrative remedies under article XIII D of the California Constitution, is reversed where: 1) plaintiffs' class action is not barred by their failure to exhaust the administrative remedies set forth in section 6 because plaintiffs' substantive challenge involving the method used by District to calculate its wastewater service fees or charges is outside the scope of the administrative remedies; and 2) under the facts of this case, those remedies are, in any event, inadequate.

(United States Second Circuit) - Held that a group of electrical power generators and related trade groups could not proceed with their lawsuit challenging the constitutionality of the New York Public Service Commission's Zero Emissions Credit program, which subsidizes qualifying nuclear power plants by creating state‐issued clean-energy credits. Affirmed a dismissal of the lawsuit for failure to state a claim.

(United States Fifth Circuit) - Held that a university-affiliated medical practice must return $8 million to the federal agency that administers Medicare. The medical practice's test of a new care management model (a Medicare demonstration project) did not achieve the expected cost savings. Upheld an administrative order.

From payroll to fax to a homicide suspect. Where do these spammers get their inspiration from?

(United States Fifth Circuit) - Affirmed. Investors who alleged that Pier 1 Imports was a trend-based fashion retailer with inventory that carried a significant markdown risk they failed to disclose were unable to adequately plead scienter.

Rising Country Artist, Stephanie Ryann, Has Released Her First Music Video For The Song "Whiskey Regret" Off Of Her Debut, Self-titled EP To Commemorate The Anniversary Of Its Release Last October

The wreath-laying ceremony took place outdoors on Friday at the World War II Memorial in Washington, DC, where seven World War II veterans joined the president and first lady.

Physician and Rep. Gregory Murphy said on SiriusXM’s Breitbart News Daily that “draconian” lockdowns are no longer needed in many places.

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

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

(Supreme Court of California) - Clarified the procedure for challenging a local governmental agency's decision to impose or increase property-related fees. The question in this case involving a wastewater service charge had to do with whether the plaintiff must first raise the issue when the agency holds a public hearing on the matter.

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

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

Rising Country Artist, Stephanie Ryann, Has Released Her First Music Video For The Song "Whiskey Regret" Off Of Her Debut, Self-titled EP To Commemorate The Anniversary Of Its Release Last October

Today’s CapChat looks at three current issues. 

First, with horse death investigations underway at Santa Anita Park, three more deaths have occurred in recent days. Since December 2018, there have been a total of 42 deaths at the park. California Gov. Gavin Newsom signed a law in June of 2019 allowing the state to suspend horse racing at tracks with dangerous conditions. That has, as yet, not happened at Santa Anita.

Next, in a new pilot program, Uber is giving some of its driving contractors more control by letting them set their own rates. Drivers at the Sacramento, Palm Springs and Santa Barbara airports can increase rates in ten percent increments, with a cap. Depending on results, Uber could expand this to other airports. This is an effort to clarify that Uber drivers are independent, not employees, since the implementation of AB 5 on Jan. 1, 2020.

Third, with the impeachment trial underway in the U.S. Senate, the date of President Donald Trump’s State of the Union somewhat uncertain, Newsom has yet to set a date for his own annual State of the State address. 

Guests

• CapRadio State Government Reporter Scott Rodd

BAYONICS Will Release Their New Album RESILIENCE In Stores And Online August 2, 2019.

(California Court of Appeal) - Held that an arbitrator did not exceed his authority by denying attorney fees to a party that prevailed in an arbitration, under the particular circumstances of this case. Affirmed in relevant part, in a dispute involving an investment made by a retirement plan.

(US 1st Circuit) - No. 19-1908

We check in on the state budget deficit and the controversial reopening of the Yuba Sutter Mall. A trio of UC Davis Medical Center nurses on the value of nursing during the pandemic. How to monitor mental health and a new COVID-19 children’s book.

Creators Compete For Chance To Be The #CES2017 Soundtrack And Perform On CES Stage In Las Vegas

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

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

Rising Country Artist, Stephanie Ryann, Has Released Her First Music Video For The Song "Whiskey Regret" Off Of Her Debut, Self-titled EP To Commemorate The Anniversary Of Its Release Last October

"When we have lots of folks coming up from the Front Range into the mountains, that flies in the face of everything we're trying to accomplish."

Jaqueline Paisano, who everyone knew as Jackie, died of COVID-19 complications Monday night, according to George Washington High School Principal Kristin Waters. She would have been 17 next month. She is believed to be one of the youngest people in Colorado to die from the disease caused by the coronavirus.

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

Karen Weed's Assam Skies Brings Together Artists, Musicians And Actors From Around The Globe. The Song Is Set To Release On Sept 25.

Rising Country Artist, Stephanie Ryann, Has Released Her First Music Video For The Song "Whiskey Regret" Off Of Her Debut, Self-titled EP To Commemorate The Anniversary Of Its Release Last October

On the 17th day of our lockdown, I sat on an empty barstool at my 3-year-old, all-day fine-dining eatery, which had essentially been converted to a fast food, to-go joint.  It was a bitter cold, miserable, snowy spring night, and I said to myself, “the hell with it." (Actually, I used stronger words, but can't use them in a family newspaper.)

As RTD scatters the homeless, many are likely to crowd into the few areas where they are still allowed during the lockdown, possibly exacerbating this public health crisis.

Colorado Republican Party Chair Ken Buck, a U.S. representative from Windsor, pressured a local party official to submit incorrect election results to set the primary ballot for a state Senate seat, according to an audio recording of a conference call obtained by The Denver Post.

(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.

They're trying to reschedule.

The post RAMMSTEIN Officially Cancels European Stadium Tour 2020 appeared first on Metal Injection.

The word legend gets thrown around a lot, but Little Richard is undoubtedly a legend. He died earlier today at...

The post Rock & Metal Musicians Pay Tribute to Little Richard appeared first on Metal Injection.

Of Glendale's roughly 5,000 residents, 16 voted in this month's city election, which was held amid a global pandemic and statewide stay-at-home order.

As RTD scatters the homeless, many are likely to crowd into the few areas where they are still allowed during the lockdown, possibly exacerbating this public health crisis.

Police are investigating the Monday night shooting death of a man at an Aurora gas station and convenience store.

The Tokyo Olympics were postponed until 2021 on Tuesday, ending weeks of speculation that the games could not go ahead as scheduled because of the coronavirus pandemic.

Detlev Helmig most recently attracted attention for a paper that stated emissions from oil and gas production on the Front Range are largely underestimated.

U.S. withdrawal from the international agreement to combat global warming, along with rule rollbacks, have slowed momentum that once inspired emulators abroad.

So far, state labor officials have opened investigations into 150 instances of workers being called back to their workplaces or being offered new jobs and refusing, choosing instead to continue requesting unemployment benefits because of coronavirus-related concerns.

Commerce City police are investigating a suspicious death after a man's body was discovered early Friday morning inside a home.

Commerce City police are investigating a suspicious death after a man's body was discovered early Friday morning inside a home.

Police are investigating the Monday night shooting death of a man at an Aurora gas station and convenience store.

Boris is on a secret James Bond mission.