(United States Second Circuit) - Held that a medical device manufacturer did not violate the intellectual property rights of a company it hired to help automate its quality testing process. The issue involved reuse of computer source code. Affirmed a JMOL.

(United States Seventh Circuit) - Affirmed. A franchise's preliminary injunction against a franchisee operating a competing company was upheld in a lawsuit over the franchisee's alleged violation of franchise agreements. The district court should have included more detail regarding the likelihood of success on the merits by the movant, but there was enough to establish that the order wasn't an abuse of discretion.

(United States Second Circuit) - Affirmed. Trial court dismissed Plaintiff’s complaint for failure to state a claim on the grounds that the claimed agreement entered into with Defendant had not be approved by the Defendant’s governing board as required by New York Town Law, hence there was no valid and enforceable contract.

(United States Fifth Circuit) - Affirmed. A subcontractor did not owe a duty to indemnify a company for its expenditures in labor and materials in a construction project.

(Supreme Court of California) - Affirmed. Plaintiff successfully brought an action against Defendant for contract-based and statutory remedies for nonpayment of wages. On appeal Plaintiff sought to hold Defendant personally liable under a theory of common law conversion. The appeals court held that such a conversion claim is not the appropriate remedy.

(United States Seventh Circuit) - Vacated and remanded. The summary judgment in a contract lawsuit over a supply contract for manufactured goods was improper because there were genuine issues of material fact.

[Ministerial statement by Minister of Labour, Community Affairs and Sports Lovitta Foggo] Mr. Speaker, May is a time when the whole of Bermuda...

[Ministerial statement by Minister Jamahl Simmons] Mr Speaker, the objective of communicating during a crisis is to get clear and accurate...

[Ministerial statement by Minister of Public Works Lt/Col David Burch] Mr. Speaker, it was only a few short months ago that the world was hit with a...

The Barkers Hill Footbridge will be closed to the public as of tomorrow [May 9], with reopening expected on Monday [May 11]. A Government...

By Nicole Nixon

Update 6:25 p.m.

As California prepares to enter the first phase of its economic reopening, the state released new guidelines Thursday, both for businesses wanting to expand operations and for counties looking to loosen restrictions on residents.

Moving into phase two “does not mean a return to normal,” said California Health & Human Services Secretary Dr. Mark Ghaly. “We know that COVID-19 is still spreading.” 

Beginning Friday, some businesses in the retail, manufacturing and logistics sectors will be allowed to reopen, though retail stores can only provide curbside services.

Businesses have to meet a checklist before reopening. It includes:  

• Performing a detailed risk assessment and implement a site-specific protection plan
• Training employees on how to limit the spread of COVID-19, including how to screen themselves for symptoms and stay home if they have them
• Implementing individual control measures and screenings
• Implementing disinfecting protocols
• Implementing physical distancing guidelines

Businesses will have to meet certain industry guidelines for COVID-19 safety as well. The guidelines instruct manufacturers to limit person-to-person contact during production by installing shelving or other “transfer-aiding materials,” for example.  

Retailers are encouraged to prioritize product delivery and pickup. They are also instructed to cut in-store maximum occupancy numbers by half.  

Still, some businesses are still being expressly prohibited from reopening during phase two, including bars, gyms, nail salons, movie theaters and theme parks.

Gov. Gavin Newsom said there’s a reason nail salons are not included in phase two: “This whole thing started in the state of California — the first community spread —  in a nail salon,” he said.

The infection happened despite sanitation measures normally seen in nail salons, including alcohol-based products and nail technicians wearing masks and gloves. 

“I’m very worried about that,” Newsom said. 

How counties can get approval to reopen

While some counties have pressured the governor to allow them to reopen their local economies more broadly, others — including Yuba, Sutter and Modoc counties — didn’t wait for permission. 

Counties and their local health officers are now being given latitude to allow some other sectors to reopen, including malls, car washes, pet grooming, offices and dine-in restaurants — if they meet strict criteria. 

It includes additional surge capacity in local hospitals, the ability to conduct a minimum 15 tests per 100,000 residents daily and going 14 days without a COVID-19 death in the county, among other things.

It could be a long time before more populous counties get there. Dr Peter Beilenson, director of health services in Sacramento County, said the county meets all criteria except for that and having enough contact tracers (15 tracers per 100,000 county residents). 

“We expect to have the appropriate amount of contact tracing staff within the next two weeks,” Beilenson said in a statement to CapRadio. “In the meantime, we encourage everyone to continue following the safe social distancing and other guidelines provided in the Public Health Order.”

Counties that do meet the criteria must consult with the California Department of Public Health and submit their own local reopening plans to the state. Those plans must include what sectors and public spaces the county will allow to reopen, and a contingency plan for modifying local health orders if the disease begins to spread. 

Last month, Newsom unveiled six key indicators that will help him decide when to move the state into each new phase of reopening. They include the state’s testing capacity, hospitalization rates and ability for businesses and public spaces to implement health measures like sanitation and social distancing, among other things. 

The governor noted that he may tighten the statewide stay-at-home order again if the disease begins spreading as restrictions loosen. 

By Bob Moffitt

(California Court of Appeal) - Held that homeowners could not bring a class action asserting a claim under California's Right to Repair Act against the manufacturer of an allegedly defective plumbing fixture used in the construction of their homes. The Act does not permit class actions of this type. Granted the defendant's writ petition.

(United States Ninth Circuit) - Reinstated a borrower's Truth in Lending Act lawsuit seeking to rescind a loan for which the lender allegedly made improper disclosures. Held that the suit was not time-barred because the borrower had brought it within six years, which was the most analogous state statute of limitations. Reversed a dismissal.

(California Court of Appeal) - Held that the trial court awarded too little in attorney fees to a vehicle purchaser who had prevailed on a lemon law claim. The fees should not have been limited to a percentage of her modest damages award. Reversed and remanded for a determination of a reasonable fee award.

(United States Fifth Circuit) - Held that a bank was not vicariously liable, as a matter of law, for its loan servicer's alleged violations of the Real Estate Settlement Procedures Act. Affirmed dismissal of a complaint brought by a borrower who took out a home equity loan.

(United States Ninth Circuit) - Revived a consumer's claim that certain nutritional supplements were falsely labeled as capable of improving cognitive functions when in fact they provided no such benefits. Reversed the entry of summary judgment, allowing class claims under California law to proceed.

(United States Ninth Circuit) - Held that Fannie Mae is not a consumer reporting agency and thus could not be sued over a false credit report. Consumers alleged that the government-sponsored mortgage market entity had provided false information about their credit history via a software tool it provides for mortgage lenders to use. In a 2-1 decision, the Ninth Circuit concluded that Fannie Mae was entitled to summary judgment because it did not fall within the definition of a consumer reporting agency under the Fair Credit Reporting Act.

(United States Second Circuit) - Held that a consumer could not proceed with a proposed class action challenging electricity rates in the wake of market deregulation. Affirmed summary judgment against his breach of contract, unfair trade practice and other claims alleging that a retail electricity supplier charged unlawful rates.

(United States Second Circuit) - Held that recipients of unsolicited spam text messages had legal standing to bring a lawsuit against the company that sent them. Affirmed a ruling in a class action suit under the federal Telephone Consumer Protection Act.

(United States Ninth Circuit) - Held that a car purchaser did not raise a triable issue that a dealership failed to provide customers promised add-ons. Also addressed an issue under the Class Action Fairness Act relating to removal jurisdiction. Affirmed the decision below.

(United States DC Circuit) - Reversed and Remanded. The district court improperly dismissed a lawsuit in which a woman's credit card number and expiration date were printed on a receipt for lack of standing. The risk of identity theft was sufficient injury to support standing.

(United States Ninth Circuit) - Affirmed Defendant’s summary judgment against Plaintiff, holding that the Fair Credit Reporting Act did not require Defendant to initiate a reinvestigation of incorrect credit report items because Plaintiff did not directly notify Defendant of disputed items.

(Supreme Court of California) - Reversed. The trial court and the court of appeals denied class action certification to Plaintiff who sought to bring an action against retailers who allegedly misled buyers about the size of an inflatable outdoor pool. The Supreme court concluded that the trial court erred in demanding evidence about the ascertainability requirement for class certification, holding that there is not an additional evidentiary burden that the courts below imposed.

(United States Ninth Circuit) - Affirmed the district court’s grant of summary judgment in favor of the defendant in an action under the Driver’s Privacy Protection Act, which prohibits the use and disclosure of personal information derived from Department of Motor Vehicles records.

(United States Seventh Circuit) - Reversed. The court reversed the dismissal of a class action consumer fraud and deceptive business case involving cat food labeled prescription cat food that was not materially different from regular cat food. The fraud claim was sufficiently pled and the Food, Drug and Cosmetic Act's safe harbor didn't apply.

Prayer and a ministry of presence can make an eternal difference.

My grandmother died ten days ago. She was 88 years old. By all accounts she had lived a colorful life, with three husbands, three children, six grandchildren, and seven great-grandchildren. She routinely stated her intention to live another decade. Even though her body was failing her through arthritis and muscle loss, she hadn’t lost her desire to live, to see those great-grandchildren grow up, to enjoy the daffodils in April. But when she was diagnosed with colon cancer in early January and decided not to put herself through surgery, she knew her days were numbered, and she started to prepare to die.

Much has been written of late about the problems with end-of-life care in America. In an earlier post (Have Christians Made an Idol of Life?) I wrote about Ezekiel Emanuel’s argument that Americans should aspire to die around age 75. For many Americans, the final years are a series of financially debilitating medical decisions that—more importantly—result in suffering for patient and family members alike. Many studies have shown that doctors aren’t well-equipped to talk about death with patients, and often physicians suggest further treatments even when they know it will not serve the patient well. For the alleviation of physical suffering and financial burden, a national conversation about health care and end-of-life care has begun. (See, for instance Dying Shouldn’t Be So Brutal in the New York Times, The Ultimate End-of-Life Plan in the Wall Street Journal, and More on Faith and Life Care here in Christianity Today.)

In my grandmother’s case, good health insurance, financial plenty, devoted family members, and a daughter who had worked for years as an oncology nurse secured ...

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The best of faith, family, disability, and culture as I say goodbye to blogging.

One of the wonderful aspects of blogging is that I get to write about pretty much anything that is on my mind and might connect with readers. Over the past 15 months of blogging for Christianity Today, I've written or edited nearly 200 posts. As I wrote last week, many posts soar to the top of the charts for predictable reasons (i.e., the word sex is in the title or it relates to pop culture). In highlighting the "best" posts of this blog, I didn't only pay attention to the number of pageviews they garnered, but also to the ideas contained within. Here are my nine favorites posts:

The Problem with Quiet Times

As a mother of three small children, when I stopped having disciplined set apart time with God, my faith grew.

Why We Still Go To Church

It's inconvenient and inefficient and sometimes doesn't even feel spiritual. But I'm glad we keep showing up.

Want a Better Devotional Life? Buy a Bird Feeder

What my grandfather and my son taught me about patience, love, and a gentle spirit.

The Serious Pleasure of Summer Reading

An argument for why reading matters, and a list of ten books—for kids and adults—to challenge and entertain.

How Christians Should Talk About Sex

"Although I want to hold out a biblical ideal of sex, I want to do so in very unbiblical terms." What Rolling Stone and Paul have taught me.

John Perkins: The Sin of Racism Made Ferguson Escalate So Quickly

In the wake of the events in Ferguson last summer, I had a chance to interview Christian civil rights leader John Perkins.

What Slowing Down Teaches You That Rushing Never Will

Although there have been a number of wonderful guest posts here, this is my very favorite: Elisa Fryling Stanford,mother of a ...

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A conversation with CT editor Katelyn Beaty about blogging, books, and what's next.

Fifteen months ago, this blog began with a conversation with Katelyn Beaty about my hopes and dreams for Thin Places. As I conclude this blog, we thought it fitting to have a concluding conversation as well. Katelyn and I had a chance to talk about the most exciting and most challenging aspects of writing in this space and genre, and we also had a chance to talk about the future:

If you’d like to stay current with what I’m thinking about, where I’m speaking, and what I’m reading, you can continue to follow me on Facebook and Twitter or subscribe to my monthly newsletter.

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Everything You Need To Know About Electronic Drums For Live Performances

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

Montreal Hip-hop Collective Triple-R Has Signed With Squash Comp And Released Their Debut Album “Red Rum Records”

#62ndGrammyAwards #GrammyAwards #GrammyNominations #MelissaB

“I AM,” Recorded By 15 Year-old Lily Kelly Just Months Before Her Untimely Passing, Is Available Now At All Major Digital Outlets, Including ITunes, Google Play And Spotify.

Lynch Welcomed Steel Guitar Hall Of Famers Chubby Howard, Joe Wright, Lyn Owsley, Billy Robinson And Russ Hicks To Keepin’ It Country Farm In Ohio.

Available On 12-inch Vinyl, CD Single And Digitally.

Alias Wayne New Single “Ring Of Fire”

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

One-woman Show Featuring Salish Tribal Member Julie Cajune Draws From Life Experiences And True Stories Of Generations Of Native American Women

The JIRGA Score Was Nominated ‘Best Music’ In The Film Critics Circle Of Australia Awards (FCCA).

The Single Will Be Available Digitally, CD Single And Limited Edition 7-inch Vinyl

BELEAF, Which Releases In Stores And Online Worldwide August 16, 2019, Is A 14-track Powerhouse That Promises To Be Their Strongest, Clearest, And Most Authentic Work Yet.

The Partnership Allows Artists, Managers, And Their Teams To See Conversion Data From The Service To View What Fans Do After Clicking On A Linkfire Smart Link.

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

Ordior Has Signed BlackFaceNaija For A World Wide Exclusive Publishing And Administration Agreement!

Ordior Has Signed African China For A World Wide Exclusive Publishing And Administration Agreement!

Ethereal Wave & Neo-Psychedelic World Beat Artist, Simrit, Set To Release Her Seventh Full Length Album, 'When We Return', In Early November 2019

The Music Artist Known As Mark Messam Has Released His Latest Single, “Best Friend.”

Lowe Discusses Her Decision To Return To Her North Carolina Roots After Years Spent In New York In This Interview

With Six Solo Albums, Four Grammy Nominations, Over Twenty Years In The Music Industry And Launching His Own Record Label