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ProgStock Festival, The American Northeast's Only Progressive Rock Music Festival, Returns To The Union County Performing Arts Center, Rahway, NJ, October 11-13, 2019

ProgStock Festival Was Founded To Give Artists And Fans In The Genre Of Progressive Rock A Place To Play




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WE BELONG: Marina V & Dan Navarro Release A Beautiful Rendition Of Pat Benatar's Hit

Award-winning Recording Artist MARINA V Teams Up With Legendary Singer/songwriter, DAN NAVARRO, For Their Artistic Rendition Of PAT BENATAR'S 1984 GRAMMY-nominated Hit, WE BELONG




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Xprnc Media Announces The 'Rise Above - ON TOUR' Marketing Program Empowering Artists To Directly Connect With Fans In-store At Media Retail

The 'Rise Above - ON TOUR' Marketing Program Is An Innovative, Unique And Low Cost Opportunity To Place Your Local Performance In Front Of Committed Music Fans And Store Staff Across All Your Markets




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In re US Office of Personnel Management Data Security Breach Litigation

(United States DC Circuit) - Revived claims that the U.S. Office of Personnel Management's woefully inadequate cybersecurity practices enabled hackers to steal personal data about millions of past and present federal employees. Reversed a dismissal in relevant part, in a lawsuit brought by labor unions and others arising out of a 2014 cyberattack.




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People v Boatwright

(California Court of Appeal) - Order denying resentencing vacated. Defendant petitioned for resentencing of his possession of marijuana conviction based on Proposition 64’s reduction or elimination of criminal penalties for various marijuana offenses. Court held that that even though Defendant was convicted of a felony accessory that was not specifically mentioned in the statute, he still would be eligible for resentencing.




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Electronic Privacy Information Center v. US Dept. of Commerce and Bureau of the Census

(United States DC Circuit) - Remanded for dismissal. The Electronic Privacy Information Center sued following a US Department of Commerce announcement that citizenship would be among the questions included in the 2020 census. EPIC sought to enjoin the question because they claim their members were entitled to a Privacy Impact Assessment. However, EPIC lacked standing to proceed with the suit.




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Christensen v. Lightbourne

(Supreme Court of California) - Affirmed. The Appeals court held that the current policy of the California Department of Social Services treating court-ordered child support as income and using the same funds twice as income for both the paying household and the receiving household does not violate the Welfare and Institutions Code section 11005.5.




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Tweed-New Haven Airport Authority v. Tong

(United States Second Circuit) - Reversed and Remanded. Plaintiff sued seeking to expand its primary runway. The district court ruled that Plaintiff lacked standing to invalidate a Connecticut statute prohibiting the expansion, but even if it had standing the Federal Aviation Act did not preempt the statute. The appeals court disagreed and reversed and remanded for an entry of judgment in Plaintiff’s favor.




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American Federation of Government v. Trump

(United States DC Circuit) - Vacated. A district court conclusion that executive orders regarding relations between the federal government and its employees was unlawful was in error. The district court lacked jurisdiction.




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City of Hesperia v. Lake Arrowhead Comm. Serv. Dist

(California Court of Appeal) - Affirmed. Plaintiff sued to prevent Defendant from violating city zoning laws to construct a solar energy project. Defendant claimed an exemption under Gov. Code, section 53091 and 53096. Court found that exemption does not apply and that there was no finding that no feasible alternative was available.




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Rodriguez v. City of San Jose

(United States Ninth Circuit) - Affirmed. District court granted summary judgment to Defendant police department against Plaintiff’s claim of civil rights violations for seizure of firearms from residence and failure to return them.




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City of Oroville v. Superior Court

(Supreme Court of California) - Reversed. A dental practice contended that the City of Oroville was liable under an inverse condemnation claim because of damage suffered when raw sewage began overflowing from toilets, sinks, and building drains. The lower court found that the city was liable. The Supreme Court disagreed, stating that the dentist could not prove that the damage was substantially caused by the design, construction or maintenance of the sewer system and that the damage could have been prevented if dentists had installed a legally required backwater valve.




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League of United Latin American Citizens v. Edwards Aquifer Authority

(United States Fifth Circuit) - Affirmed. A conservation and reclamation district regulating groundwater was not subject to the one person, one vote principle of the Equal Protection Clause because they are a special purpose unit of the government. Its apportionment scheme had a rational basis.




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Merzbow Joins Forces With Haino And Pandi On Blisteringly Intense Improv 'Become The Discovered, Not The Discoverer' On RareNoiseRecords

Kindred Spirits Met When Japanese Noise Legend Merzbow Got Together In The Studio With Fellow Countryman Keiji Haino And Drummer Balazs Pandi For A New Recording On RareNoiseRecords




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A Trio Of Mexican Producers Come Together For Hard-hitting Techno Release ‘Fear The Noise’

Thick Smoke Clouds The Air As Thunderous Booms Shake The Ground.




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P. v. Mooring

(California Court of Appeal) - Reversing a conviction for dihydorcodeinone/Vicodin because the prosecution didn't establish that it was a controlled substance, but affirming other aspects of an appeal, including affirming the use of information relating to the Ident-A-Drug website because it came within the published exception to the hearsay rule and the challenged hearsay was not testimonial.



  • Evidence
  • Drugs & Biotech
  • Criminal Law & Procedure

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Cottrell v. Alcon Laboratories

(United States Third Circuit) - In a consumer protection class action, alleging that various defendants' prescription eye drop medications come with a bottle dropper tip that dispenses too much medication in one drop, thereby wasting medication and causing plaintiffs undue economic hardship, the district court's dismissal is reversed where plaintiffs have alleged sufficient injury in fact to confer Article III standing under to bring their various state law claims.




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Bayer Pharma AG v. Watson Laboratories, Inc.

(United States Federal Circuit) - In a patent infringement action, the district court's judgment for plaintiff Bayer is reversed where it clearly erred in determining that a skilled artisan would not have been motivated to create an oral disintegrating tablet version of an erectile dysfunction drug using specified sugar alcohols with the tablet formulated for immediate-release.




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Sanofi v. Watson Laboratories Inc.

(United States Federal Circuit) - Affirming the district court's rulings in the case of a patent infringement claim relating to cardiovascular drugs where the court held that the plaintiff had proven that the defense's sale of proposed generic drugs with their proposed labels would induce physicians to infringe, and holding that none of the patents were invalid for obviousness.




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Marentette v. Abbott Laboratories, Inc.

(United States Second Circuit) - Affirming a district court decision holding that a putative class action suit that organic labeled baby formula included ingredients not permitted under the Organic Foods Production Act because their state law claims were preempted by the Act.




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US v. Garrison

(United States Ninth Circuit) - Affirming a conviction for conspiracy to distribute controlled substances in a case in which the government offered evidence that the defendant and co-conspirators abused their positions as healthcare providers by intentionally prescribing OxyContin for no legitimate medical purpose as part of a scheme to sell it as a street drug because the evidence was sufficient to support the jury findings.




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Praxair Distribution, Inc. v. Mallinckrodt Hospital Products IP Ltd.

(United States Federal Circuit) - Affirming in part and reversing in part the inter partes review decision of the US Patent and Trademark Office Patent Trial and Appeal Bard holding claims for methods of distributing nitric oxide gas cylinders for pharmaceutical applications used in treating respiratory failure as unpatentable as obvious because, while the Board didn't err as to most of the rulings, it did as to one.




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Abbott Laboratories v. The Superior Court of Orange County

(California Court of Appeal) - Granting a petition for writ of mandate in a case where a group of pharmaceutical companies had been sued by the District Attorney under California's Unfair Competition Law for allegations that they had engaged in a scheme to keep generic versions of a prescription drug off the market, but the suit was based on conduct outside of the county where the DA served and allowing them to proceed with the suit without written consent would permit the DA to usurp the Attorney General's statewide authority and impermissibly bind other DAs, precluding them from pursuing their own relief.



  • Drugs & Biotech
  • Consumer Protection Law
  • Criminal Law & Procedure

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People v. Onesra Enterprises

(California Court of Appeal) - The People appealed the order dismissing the complaint for a medical marijuana conviction. The Court reversed the dismissal. Defendant argued that the appeal was moot as a result of the passage of the California Adult Use of Marijuana Act. The Court of Appeal rejected the argument because the Court concluded, the Act was not intended to be retroactive for this conviction. A reversal was required because the trial court abused its discretion in mistakenly dismissing the complaint.



  • Sentencing
  • Drugs & Biotech
  • Criminal Law & Procedure

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Saint Regis Mohawk Tribe v. Mylan Pharmaceuticals Inc.

(United States Federal Circuit) - Affirmed that tribal sovereign immunity could not be asserted in a patent proceeding. A pharmaceutical company involved in a dispute over an eye medication patent transferred the title of its patent to a Native American tribe, which then moved to terminate the patent proceeding on the basis of sovereign immunity. Concluding that tribal sovereign immunity cannot be asserted in inter partes review, the Federal Circuit affirmed the denial of the Tribe's motion to terminate the proceeding.




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Gustavsen v. Alcon Laboratories, Inc.

(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.



  • Consumer Protection Law
  • Health Law
  • Drugs & Biotech

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Gibbons v. Bristol-Myers Squibb Co.

(United States Second Circuit) - Affirmed the dismissal of product liability claims against the maker of a blood-thinning medicine that allegedly caused patients harm. Held that the Food, Drug and Cosmetics Act preempted the plaintiffs' state law claims, in this multi‐district litigation.




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De beste tools voor een design sprint op afstand

Het coronavirus (COVID-19) heeft impact op alle industrieën en zorgt voor een hoop uitdagingen en kansen voor organisaties. Remote werk kreeg een boost die we nooit voor mogelijk hadden gehouden. In dit artikel delen we de inzichten die we kregen tijdens onze remote design sprints, met een focus op handige tools, plus enkele tips en […]




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Bedrijfsupdates tijdens corona: zo blijf je zichtbaar in Google

Nu we middenin de coronacrisis zitten en we voorlopig ook nog steeds met de beperkende maatregelen hebben te maken, hebben veel bedrijven het moeilijk. We weten niet hoe lang de situatie nog zo blijft. Als er op een bepaald moment nieuwe ontwikkelingen zijn, zoals een versoepeling van de maatregelen, dan wil je natuurlijk zo snel […]




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Pennsylvania County Rips Governor’s Order Barring Businesses from Reopening

Commissioner Chairman Dan Camp of Pennsylvania’s Beaver County on Friday slammed Gov. Tom Wolf (D) over his order excluding the county from moving into the next phase of reopening.




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Exclusive--Ken Cuccinelli: 8-in-10 Border Crossers Deported in 2 Hours During Coronavirus

Acting Department of Homeland Security (DHS) Deputy Secretary Ken Cuccinelli says border crossers are being almost immediately returned to Mexico after their crossing into the United States. 





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Leaked Call: Obama Warns 'Rule of Law Is at Risk' After Flynn Charges Dropped

Former President Barack Obama on Friday stated the "rule of law is at risk" in response to the Department of Justice dropping its criminal charges against retired Army Lieutenant General, Michael Flynn, according to an audio call obtained by Yahoo News.




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Schiff: Trump, Barr 'Can't Gaslight History' -- Flynn Was a 'Prime Counterterrorism Risk'

Friday on MSNBC's "The Beat," House Intelligence Committee chairman Rep. Adam Schiff (D-CA) said Attorney General Bill Barr's Justice Department doing President Donald Trump's "dirty work" by dropping the case against former National Security Advisor Michael Flynn was an attempt to "gaslight history."




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UK Education Office Argues Christians Should Limit Their Beliefs to Church

The United Kingdom’s Office for Standards in Education, Children’s Services and Skills (Ofsted) argued before the High Court that Christian groups should not allow their religious beliefs to influence their professional activities.




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Maher: Trump Turning America 'Into a Failed State' 'More Important Than Tara Reade Achieving Closure'

On Friday’s broadcast of HBO’s “Real Time,” host Bill Maher discussed the sexual assault allegations made by Tara Reade against 2020 Democratic presidential candidate former Vice President Joe Biden and stated that the matter is a he said, she said,




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Little Richard, Grammy-Winning Rock Music Legend, Dies at 87

NASHVILLE, Tenn. (AP) — Little Richard, the self-proclaimed “architect of rock ‘n’ roll” whose piercing wail, pounding piano and towering pompadour irrevocably altered popular music while introducing black R&B to white America, has died Saturday. He was 87.




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Donald Trump Criticized for Greeting World War II Veterans Without Mask

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.




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Ousted BARDA 'Whistleblower' Rick Bright: I Am Not Disgruntled -- 'I Am Frustrated at a Lack of Leadership'

Rick Bright, the former head of the Biomedical Advanced Research and Development Authority (BARDA), proclaimed by some in the media to be a "whistleblower" against the Trump administration, told CBS News that he was not a disgruntled employee.




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Finally: Police Drop Investigation Into Working-Class Brexiteer Darren Grimes

London's Metropolitan Police have finally dropped their investigations into working-class Brexit campaigner Darren Grimes and Vote Leave's Alan Halsall, in another defeat for the supposedly neutral Electoral Commission.




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Afghanistan Has Freed over 900 Taliban Jihadis So Far in Prisoner Swap

Afghanistan's government has freed 933 Taliban prisoners since the terrorists agreed to a peace deal with the U.S. in February, Pakistani newspaper Dawn reported on Friday.








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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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VeriSign, Inc. v. XYZ.COM LLC

(United States Fourth Circuit) - In a suit brought by a company in the business of selling internet domain names and operates the popular .com and .net top-level domains, alleging its competitor made a series of statements touting the popularity of the .xyz domain and warning of a scarcity of desirable .com domain names which violated the Lanham Act's false advertising provisions, the district court's grant of summary judgment to defendant is affirmed where: 1) as to defendant's self-promoting statements, most of which concern its registration numbers, plaintiff failed to produce the required evidence that it suffered an actual injury as a direct result of defendant’s conduct; and 2) plaintiff did not establish that defendant's statements about the availability of suitable .com domain names were false or misleading statements of fact, as required for Lanham Act liability.




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Argentieri v. Zuckerberg

(California Court of Appeal) - In a defamation suit brought by an attorney for Paul Ceglia throughout Ceglia's lawsuit against Facebook, Inc. and its founder, Mark Zuckerberg, the trial court's grant of defendants' motion to strike plaintiff's complaint under the anti-Strategic Lawsuit Against Public Participation (SLAPP) statute, Code Civ. Proc. section 425.16, is affirmed where: 1) although the statement underlying plaintiff's defamation claim was not subject to the litigation privilege of Civil Code section 47(b), it was subject to the fair and true reporting privilege of Civil Code section 47(d); and, thus 2) plaintiff has no probability of prevailing on his claim.




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Flo & Eddie, Inc. v. Sirius XM Radio, Inc.

(United States Second Circuit) - In a copyright infringement suit brought by the company that owns the recordings of the Turtles, a well-known rock band with a string of hits in the 1960s, on behalf of itself and a class of owners of pre-1972 recordings against largest radio and internet-radio broadcaster in the U.S., the district court's denial of defendant's motions for summary judgment and reconsideration is reversed where, in response to questions certified to the New York Court of Appeals, New York common law does not recognize a right of public performance for creators of pre-1972 sound recordings.




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Mavrix Photographs, LLC. v LiveJournal, Inc.

(United States Ninth Circuit) - In a copyright dispute arising out of photographs posted online on defendant's social media website, the district court's summary judgment that defendant was entitled protected by the safe harbor of the Digital Millennium Copyright Act is reversed where: 1) the safe harbor set forth in 17 U.S.C. section 512(c) would apply if the photographs were posted at the direction of users; 2) defendant posted the photographs after a team of volunteer moderators, led by an employee of the defendant, reviewed and approved them; 3) the common law of agency applied to the defendant's safe harbor defense; and 4) there were genuine factual disputes regarding whether the moderators were the defendant's agents.