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Why Global Art Gatherings Had Become an Ecological Nightmare—Even Before Covid-19

Many collectors and enthusiasts continue to travel aboard gas-guzzling airplane to see art.





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Golf world reacts to death of Kobe Bryant




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Orange Catholic Foundation v. Arvizu

(California Court of Appeal) - Affirmed the denial of a Roman Catholic Diocese's petition to remove an individual from her position as trustee of an individual's trust and for damages. Held that the trial court did not abuse its discretion in excusing the trustee from liability for actions she took reasonably and in good faith.



  • Tax-exempt Organizations
  • Probate
  • Trusts & Estates

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Excelled Sheepskin and Leather Coat Corp. v. Oregon Brewing Co.

(United States Second Circuit) - Reversed summary judgment for an apparel company in its trademark infringement action. A company that sold leather jackets branded ROGUE contended that a commercial brewery that sold ROGUE-branded beer had infringed its trademark by using the name on t‐shirts and hats. The Second Circuit held that the apparel company was not entitled to summary judgment, because the brewery was the senior user and the evidence did not show that it was precluded by laches.




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In re: Detroit Athletic Co.

(United States Federal Circuit) - Affirmed the refusal to register the trademark DETROIT ATHLETIC CO. for sports apparel retail services because it was likely to be confused with DETROIT ATHLETIC CLUB for clothing goods. The Federal Circuit affirmed the Trademark Trial and Appeal Board's ruling.




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McIlroy 'would much rather' delay 2020 Ryder Cup than play without fans




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Horvath v. US

(United States Federal Circuit) - Reversed the dismissal of overtime compensation claims brought by a special agent of the U.S. Secret Service. In a class action complaint, the plaintiff special agent argued that Office of Personnel Management regulations improperly required that certain overtime hours be worked consecutively in order to trigger compensation. Agreeing with his position, the Federal Circuit held that the challenged OPM regulations were contrary to the unambiguous meaning of the relevant statute. The panel thus reversed in relevant part and remanded.




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In re: Detroit Athletic Co.

(United States Federal Circuit) - Affirmed the refusal to register the trademark DETROIT ATHLETIC CO. for sports apparel retail services because it was likely to be confused with DETROIT ATHLETIC CLUB for clothing goods. The Federal Circuit affirmed the Trademark Trial and Appeal Board's ruling.




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Liverpool-linked Werner would rather play abroad than join Bayern Munich




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Excelled Sheepskin and Leather Coat Corp. v. Oregon Brewing Co.

(United States Second Circuit) - Reversed summary judgment for an apparel company in its trademark infringement action. A company that sold leather jackets branded ROGUE contended that a commercial brewery that sold ROGUE-branded beer had infringed its trademark by using the name on t‐shirts and hats. The Second Circuit held that the apparel company was not entitled to summary judgment, because the brewery was the senior user and the evidence did not show that it was precluded by laches.




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In re: Detroit Athletic Co.

(United States Federal Circuit) - Affirmed the refusal to register the trademark DETROIT ATHLETIC CO. for sports apparel retail services because it was likely to be confused with DETROIT ATHLETIC CLUB for clothing goods. The Federal Circuit affirmed the Trademark Trial and Appeal Board's ruling.




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Parrish v. Latham & Watkins

(California Court of Appeal) - In this malicious prosecution action brought by plaintiffs against defendant-attorneys, order granting defendants' anti-SLAPP motion and order granting defendant its attorney fees and costs are reversed, where: 1) the Code of Civil Procedure section 340.6 is not the appropriate statute of limitations for a malicious prosecution action; and 2) plaintiffs have presented sufficient evidence that they otherwise have a probability of prevailing.




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Maritime expert warns over ‘death trap’ boat

A MARINE Rescue vessel which sank on its maiden voyage on the Central Coast was a potential death trap for its crew and community members, an expert says.




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Kiobel v. Cravath, Swain & Moore, LLP

(United States Second Circuit) - Reversed an order which had allowed the plaintiff to subpoena documents from a U.S. law firm for use in litigation against Royal Dutch Shell in the Netherlands. The appeals court held that Shell's American counsel should not be compelled to deliver documents that would not be discoverable abroad and that were in counsel's hands solely because they were sent to the U.S. for the purpose of American litigation. The appeals court further determined that the district court abused its discretion under 28 U.S.C. section 1782 when it permitted the plaintiff to subpoena the documents.




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Freedom Path, Inc. v. Internal Revenue Service

(United States Fifth Circuit) - Held that an organization lacked standing to bring a facial challenge to an Internal Revenue Service test for determining certain tax liabilities. The conservative issue-advocacy organization contended that the test was unconstitutionally vague.




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Horvath v. US

(United States Federal Circuit) - Reversed the dismissal of overtime compensation claims brought by a special agent of the U.S. Secret Service. In a class action complaint, the plaintiff special agent argued that Office of Personnel Management regulations improperly required that certain overtime hours be worked consecutively in order to trigger compensation. Agreeing with his position, the Federal Circuit held that the challenged OPM regulations were contrary to the unambiguous meaning of the relevant statute. The panel thus reversed in relevant part and remanded.




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Hardeman v. Wathen

(United States Seventh Circuit) - Affirmed. A correctional facility was not entitled to qualified immunity in a putative class action suit by pretrial detainees that were denied running water and claimed Fourteenth Amendment violations.




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National Collegiate Athletic Association v. Governor of the State of New Jersey

(United States Third Circuit) - In a case to determine whether SB 2460, which the New Jersey Legislature enacted in 2014 (2014 Law) to partially repeal certain prohibitions on sports gambling, violates federal law the district court's judgment that the 2014 Law violates the Professional and Amateur Sports Protection Act (PASPA), 28 U.S.C. sections 3701-3704, is affirmed where PASPA, but its terms, prohibits states from authorizing by law sports gambling, and the 2014 Law does exactly that.




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National Collegiate Athletic Association v. Governor of the State of New Jersey

(United States Third Circuit) - In an appeal to determine where whether SB 2460, which the New Jersey Legislature enacted in 2014 to partially repeal certain prohibitions on sports gambling, violates federal law, the District Court's holding that the 2014 Law violates the Professional and Amateur Sports Protection Act (PASPA), 28 U.S.C. sections 3701-3704, is affirmed where PASPA by its terms, prohibits states from authorizing by law sports gambling, and the 2014 Law does exactly that.




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Jackson v. Mayweather

(California Court of Appeal) - In a suit brought following the break up of plaintiff's relationship with a former boxing champion, alleging invasion of privacy (both public disclosure of private facts and false light portrayal), defamation and intentional and negligent infliction of emotional distress, based on defendant's social media postings about the termination of plaintiff's pregnancy and its relationship to the couple's separation and his comments during a radio interview concerning the extent to which plaintiff had undergone cosmetic surgery procedures, the trial court's denial of defendant's special motion to strike those causes of action pursuant to Code of Civil Procedure section 425.16 is reversed as to with respect to plaintiff's claims for defamation and false light portrayal, as well as her cause of action for public disclosure of private facts based on defendant's comments about plaintiff's cosmetic surgery. In all other respects, the judgment is affirmed.




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Prather v. Sprint Communications, Inc.

(United States Ninth Circuit) - In a False Claims Act suit brought the U.S. Government against Sprint Communications, the district court's order denying appellant's Fed. R. Civ. P. 24(a)(2) motion to intervene as of right is affirmed where: 1) although his appeal is not moot, he did not have a significantly protectable interest in the government's False Claims Act suit; and 2) his prior filing of a related, but jurisdictionally barred, qui tam action did not entitle him to any award under the False Claims Act.




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Zanelli v. McGrath

(California Court of Appeal) - In a property matter, judgment quieting title to an adjacent property owned by defendant is affirmed where the easement benefiting plaintiff and burdening defendant was extinguished by merger.




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Zanelli v. McGrath

(California Court of Appeal) - In a property matter, judgment quieting title to an adjacent property owned by defendant is affirmed where the easement benefiting plaintiff and burdening defendant was extinguished by merger.




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Heath v. SEC

(United States Second Circuit) - Investment banker's petition for review of the SEC's affirmance of the New York Stock Exchange's (NYSE) finding that petitioner violated NYSE Rule 476(a)(6) by disclosing a client's confidential information to a third party, the petition is denied where: 1) a violation of the rule did not require bad faith; 2) mere unethical conduct was sufficient for violation of the rule outside the breach of contract context; and 3) summary judgment was appropriate on the issue of petitioner's guilt.






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Tucker Carlson: 'Sociopath' Adam Schiff 'Unfit to Hold Office,' 'He Should Resign'

Friday, Fox News Channel's Tucker Carlson called on Rep. Adam Schiff (D-CA) to resign given how the saga regarding former National Security Advisor Michael Flynn has unfolded, calling the California Democrat a "sociopath."




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73 Percent of U.S. Adults Say China Bears Responsibility for American Coronavirus Deaths

Nearly three-fourths of U.S. adults say China bears responsibility for American coronavirus deaths, a Morning Consult tracker poll released Friday revealed.




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Make A Wish With Catherine Duc's 'Stargazing' Remix Of Ben Hobbs' 'Blind To You'

UK Singer/songwriter Ben Hobbs Teams Up With Grammy Nominees Catherine Duc And Gene Grimaldi On His Latest Remix




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Big E And The Wild Hairs Release New Single 'Kiss Of Death'

The Music Artists Known As Big E And The Wild Hairs Have Released Their Latest Single, “Kiss Of Death.”




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Weather Forecast For Saturday May 9

Saturday, May 9 is expected to be windy with a few clouds from time to time, with the high to be near 23°C/73°F and the low to be near 17°C/62°F,...




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CapChat: Santa Anita Horse Deaths / Uber Pilots New Pricing / State Of The State

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




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Welcome Patrick Mathias AKA Password To The Ordior Rights Management Roster!

Ordior Has Signed Patrick Mathias Aka Password For A World Wide Exclusive Publishing And Administration Agreement!




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Actress 'Nathalie Dalizien' Announces Upcoming Film Series And Broadway Shows

Nathalie Dalizien Has An Upcoming Film Series That She Produced With Motivation 509 And The Series Will Be Released In All Online Major Stores Soon.




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“That’s What Crazy Lovers Do” By Kathy Ingram Now Available

Mrs. Ingraham Is No Stranger To The Spotlight, Having Been Featured On Both TV And Radio Commercials, As Well As Credited In A Hollywood Feature.




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“That’s What Crazy Lovers Do” By Kathy Ingraham Now Available

Mrs. Ingraham Is No Stranger To The Spotlight, Having Been Featured On Both TV And Radio Commercials, As Well As Credited In A Hollywood Feature.




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“That’s What Crazy Lovers Do” By Kathy Ingraham Now Available

Mrs. Ingraham Is No Stranger To The Spotlight, Having Been Featured On Both TV And Radio Commercials, As Well As Credited In A Hollywood Feature.





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Denver weather: Another slight chance of rain and thunderstorms Monday

Denver has a slight chance for rain and thunderstorms before 9 a.m. and after 3 p.m. Monday but the forecast calls for mostly sunny skies.








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Denver weather: Sun sticks around as temps cool down slightly

Highs in the Mile High City are expected to hit 61 degrees, according to the National Weather Service in Boulder. 




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New Single And Lyric Video From Chart-topping Folk Artist Bill Abernathy

The Kansas City Singer-songwriter Has Released “Can’t Go Back” From His Critically Acclaimed “Crossing Willow Creek” Album.




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Letters: Cut out Saturday mail; words of sympathy for columnist (4/28/20)

Cut out Saturday mail Re: “Coronavirus threatening delivery of the U.S. mail,” April 10 news story




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Letter: Our sympathies to a grieving mother (5/6/20)

Our sympathies to a grieving mother Re: “Appeal from an isolated, grieving mother,” May 1 letter to the editor





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Fox v. Hathaway

(United States Seventh Circuit) - Affirmed. A bankruptcy judge did not commit clear error in finding that a trustee’s distributions to a third party while the company was insolvent were gratuitous, and there was no reason to overturn the imposition of discovery sanctions against the trustee.




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Malvo v. Mathena

(United States Fourth Circuit) - Affirmed: The juvenile offender of the DC Beltway sniper duo was convicted of capital murder for crimes committed when he was 17 years old. He was sentenced to 4 terms of life imprisonment without parole. After his conviction and sentence the US Supreme Court held that persons who committed serious crimes when under 18 could not be sentenced to death and that they could not be sentenced to life imprisonment unless the offenses reflected permanent incorrigibility and that these rules applied retroactively. Because of the new rules, the district court vacated the life sentences without parole and remanded for re-sentencing. The 4th Circuit affirmed.