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Fed. Treasury Ent. Sojuzplodoimport, OAO Moscow Distillery Cristall v. Spirits Int'l B.V.

(United States Second Circuit) - In an international trademark action involving rival claims to the "Stolichnaya" trademarks, the district court's dismissal is vacated in part and affirmed in part where: 1) considerations of international comity precluded the district court from determining that the Russian Federation's assignment of trademark rights to plaintiff was invalid under Russian law and dismissing plaintiff's claims under section 32(1) of the Lanham Act for lack of standing; but 2) plaintiff's remaining claims are barred by res judicata and laches.




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Najas Realty, LLC v. Seekonk Water Dist.

(United States First Circuit) - In an action stemming from the plaintiffs' purchase of a piece of land and the opposition the defendants mounted to the plaintiffs' plan to develop that property, alleging defendants' conduct violated various constitutional and state law provisos, including 42 U.S.C. section 1983 and the Massachusetts Civil Rights Act (MCRA), Mass. Gen. Laws Ann. ch. 12, section 11, the District Court's grant of judgment on the pleadings in favor of defendants is affirmed where plaintiffs did not give sufficient facts to state plausible-on-their-face claims, ones that gave rise to more than a mere possibility of liability.




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S&H Packing and Sasles Co., Inc. v. Tanimura Distributing, Inc.

(United States Ninth Circuit) - In an action brought by produce growers under the Perishable Agricultural Commodities Act (PACA), brought by growers who sold their perishable agricultural products on credit to a distributor, thereby making the distributor a trustee over a PACA trust holding the perishable products and any resulting proceeds for the growers as PACA-trust beneficiaries, the district court's summary judgment in favor of the defendant is affirmed where pursuant to Boulder Fruit Express & Heger Organic Farm Sales v. Transp. Factoring, Inc., 251 F.3d 128 (9th Cir.2001), a commercially reasonable factoring agreement removes accounts receivable from the PACA trust without a trustee's breach of trust, thus defeating the growers' claims.




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Boyer v. Crown Stock Distrib., Inc.

(United States Seventh Circuit) - In Chapter 7 bankruptcy proceedings in which the trustee filed an adversary action against the defendants claiming fraudulent conveyance under the section 4(a)(2) of the Uniform Fraudulent Transfer Act, judgment in favor of the trustee is affirmed in part and reversed in part where: 1) bankruptcy court did not commit clear error in finding that the statutory condition for a fraudulent conveyance was satisfied; and 2) district court's ruling with respect to the dividend is reversed as the trustee is entitled to the dividend because it was an integral part of the leveraged buy-out.




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Quigley v. Garden Valley Fire Protection Dist.

(Supreme Court of California) - Reversed and remanded. The Government Claims Act immunity for public entities is an affirmative defense that can be waived or forfeited if not timely raised.




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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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Churchman v. Bay Area Rapid Transit Dist

(California Court of Appeal) - Affirmed. Plaintiff sued Defendant for a slip and fall accident in the BART station on the theory that the train operator owed a heightened duty of care under Civil Code section 2100. The trial court dismissed the action on the grounds that Defendant had no liability for accidents that did not occur on the train. The appeals court agreed also holding that section 2100 does not apply to minor commonplace hazards in a train station.




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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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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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Sanders: 'It Would Be an Economic Disaster' if Trump Didn't Fund Postal Service and It 'Went Under'

On Friday’s broadcast of MSNBC’s “All In,” Sen. Bernie Sanders (I-VT) discussed what kind of economic stimulus should be passed to respond to the coronavirus and stated that it would be “an economic disaster” if President Trump didn’t fund the




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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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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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Modisette v. Apple Inc.

(California Court of Appeal) - Held that Apple Inc. was not liable for a five-year-old girl's death and injuries to her family members that occurred when a driver using the FaceTime application on his iPhone crashed into her parents' car on a Texas highway. Affirmed dismissal of the complaint, concluding that Apple did not owe a duty of care and that the iPhone's design was not a proximate cause.




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HAPPY BIRTHDAY! DISKERY TURNS 20!

Diskery.com Celebrates 20 Years On-line!




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DeFox Records Launch Card Disk

Respecting The Environment And A More Sustainable Future, Against Waste And The Use Of Plastic, DeFox Records Will Launch A Special Limited Edition Of Card Disk On The Market.




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Plantier v. Ramona Municipal Water District

(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.




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Quigley v. Garden Valley Fire Protection Dist.

(Supreme Court of California) - Reversed and remanded. The Government Claims Act immunity for public entities is an affirmative defense that can be waived or forfeited if not timely raised.




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CHERIE OAKLEY’S WORK IT ADDED TO RADIO DISNEY COUNTRY

Cherie Oakley, The Breakthrough Country Performer And Writer Behind A Billboard #1 On Reba McEntire, Lands Her Debut Single Work It On Radio Disney Country.




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California Warns Reopening Counties To Follow Governor’s COVID-19 Orders Or Risk Loss Of Disaster Funding

By Bob Moffitt

California’s Office of Emergency Services has given notice to three counties that the state will withhold disaster funding if they continue to defy Gov. Gavin Newsom’s orders to stem the spread of the coronavirus.

Newsom said Thursday that Yuba, Sutter and Modoc counties have “gotten ahead of themselves” by allowing some businesses to reopen in violation of his orders in response to the COVID-19 pandemic. The comments came as the state announced criteria for counties to move into Stage 2 of its plan to allow some businesses to reopen.

On the same day he made the comments, Newsom’s Office of Emergency Services threatened the counties by promising to withhold disaster funds if they continue to stray from the state’s plan. 

If a county believes “...there is no emergency, such that it can ignore the Governor’s Executive Orders or the State Public Health Officer’s directives, the county would not be able to demonstrate that it was extraordinarily and disproportionately impacted by COVID-19,” wrote Cal OES Director Mark Ghilarducci.

He went on to say the counties may not be eligible for reimbursement if they have a surge in COVID-19 cases.

Yuba and Sutter counties had been at 50 cases for several days, but now report 52 positive results. Modoc County has no confirmed cases of COVID-19 following 104 tests.

Yuba County spokesman Russ Brown confirmed it has received a letter. 

“As always we will do what is in the best interests of the health of the community and will continue to work with the governor’s representatives to achieve a balance with his orders as we move to the next phase of reopening California’s economy,” Brown said.




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DeFox Records Launch Card Disk

Respecting The Environment And A More Sustainable Future, Against Waste And The Use Of Plastic, DeFox Records Will Launch A Special Limited Edition Of Card Disk On The Market.





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Difference Between The Flu And COVID-19 / ‘The Gifts of Adversity’ With Author Carolee Tran / ‘Socially Distant Saturday’ With Nick Brunner

The distinguishing factors between the flu and COVID-19, and why it matters. Dr. Carolee Tran discusses her new memoir about her family’s escape from Vietnam 45 years ago, and ‘Socially Distant Saturday’ with CapRadio’s Nick Brunner.




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HAPPY BIRTHDAY! DISKERY TURNS 20!

Diskery.com Celebrates 20 Years On-line!




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SCA Shuts Down The Sunset Book Publishing Co., Redistributes Its Books Through Lulu Press

The Sunset Corporation Of America (SCA) Shut Down Its Sunset Book Publishing Company Imprint Last Month




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Drummer-Composer Mareike Wiening Leads New York Crew On Her Greenleaf Music Debut, Metropolis Paradise (North American Tour Dates Announced)

An Extraordinary Composer, Player And Bandleader Shows Her Talents On , Her First Full-length CD And Debut On The Label With An Outstanding NY Crew.




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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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Colorado dispensaries say coronavirus pandemic is making case for marijuana delivery

As the coronavirus pandemic disrupts daily life and commerce in Colorado, many in the state’s marijuana industry believe it makes the case for allowing dispensaries to begin delivering to customers' homes now.




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Denver marijuana dispensaries see increase in burglaries during coronavirus pandemic

Dispensaries and cultivations reported 10 burglaries in the first two weeks of April, Denver police said. That's up from eight burglaries reported during the whole month of April 2019.





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Italian Independent Music Collective Fil1993 Group Signs With MusicDish*China

MusicDish*China Will Be Developing Their Online Presence And Social Media In China As Well As Releasing Their Catalogue To Chinese Streaming Music Services




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PMC Appoints OTARITEC As Its Distributor In Japan

With More Than 30 Years’ Experience In Distributing High End Pro Audio And Broadcast Product, OTARITEC Is The Perfect Fit For The PMC Brand.




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Prism Sound Appoints Sonic Lab As Its Distributor In Taiwan

Based In Taipei, Sonic Lab Has An Extensive Customer Base That Encompasses Local Pro Audio, Broadcast And Film Scoring Facilities.






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"Queen Latifah And Shania Twain Discover An Overnight Internet Sensation CJ Stain

Canadian Producer Praised For His Artistry From Queen Latifah And Shania Twain




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District 97 To Tour In Support Of New Album Release “Screens”

District 97 “Screens” Will Be Released In The UK/Europe Oct. 4 And North America Oct. 11, 2019.




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ALI v. WOODBRIDGE TOWNSHIP SCHOOL DISTRICT 10

(US 3rd Circuit) - No. 19-2217




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NetEase Cloud Music Sign Distribution Partnership With B2 Music

Chinese Music Streaming Service To Release Billboard "Best Of Asia" Album Series




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MusicDish Announces A Love Electric 2018 China Tour

The Tour Will Crisscross Through China With 12 Shows In 8 Cities, Including Guangzhou, Dongguan, Zhuhai, Shenzhen, Kunming, Jiaxin, Wuhan And Beijing





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PISTELLO v. BOARD OF EDUCATION OF CANASTOTA CENTRAL SCHOOL DISTRICT

(US 2nd Circuit) - 19-1058-cv




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MTS Records Signs Exclusive Distribution Deal With MVD Distribution

Pittsburgh-based MTS Records Has Signed An Exclusive Physical And Digital Distribution Deal With The Music And Video Distributor Based In Pottstown, PA.




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Country Singer Johnny Jolin Apologizes For 'Twitter Distraction'

Politically Fueled Debate Leads To A Rogue Social Media Employee




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DeFox Records Launch Card Disk

Respecting The Environment And A More Sustainable Future, Against Waste And The Use Of Plastic, DeFox Records Will Launch A Special Limited Edition Of Card Disk On The Market.




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Editorial: Trump is playing a disgusting political game with our lives

President Donald Trump is treating life-saving medical equipment as emoluments he can dole out as favors to loyalists. It’s the worst imaginable form of corruption -- playing political games with lives. For the good of this nation during what should be a time of unity he must stop.




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Law and Disorder March 2, 2020

The Hundred Years’ War on Palestine: A History of Settler Colonialism and Resistance, 1917–2017 There has been a century of war on the Palestinians by Zionists whose goal was to establish a Jewish state on their land. More than 100 years ago, a Zionist Congress meeting in Vienna sent a delegation of several rabbis to […]




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Law and Disorder March 9, 2020

COVID-19 Virus And History of Quarantine “Quarantine” is a state, period, or place of isolation in which people or animals that have arrived from elsewhere or who have been exposed to infectious or contagious disease are placed. As Law & Disorder taped this show in early March 2020, thousands of people around the globe are […]




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Law and Disorder March 16, 2020

Basic Legal Rights For Animals: Activists and Advocates Discussions over whether animals are sentient beings, capable of feeling pain, pleasure or suffering, date back as far as ancient thinkers such as Plutarch, Hippocrates and Pythagoras. They all advocated for the fair treatment of animals. The term animal rights stands for the proposition that non-human animals […]




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Law and Disorder March 23, 2020

Update: Hosts Discuss Civil Liberties Amid Pandemic —- United States Executive Authority Declares Emergency Powers The last point President Trump’s former attorney Michael Cohen made when he testified last year before Congress was that Trump would never leave office voluntarily. With the pandemic of Covid-19 virus upon us, Trump has the perfect excuse. Last week he […]