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Johnson v. Rimmer

(United States Seventh Circuit) - Affirmed. The district court's grant of summary judgment in favor of two individual defendants in a Fourteenth Amendment case arising from the self-mutilation of a man held at a medical health complex was upheld. There was insufficient evidence of their culpability.




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Superior Seafoods, Inc. v. Tyson Foods, Inc.

(United States Eighth Circuit) - District court's denial of plaintiff's Rule 60(d)(3) motion to vacate an underlying consent judgment involving a series of trademark-related actions stemming from plaintiff's sale of a seafood-products business to defendant is affirmed as, given the facts, and given the equitable requirement that the party seeking relief be free from negligence and fault, the district court clearly did not abuse its discretion in finding equitable relief inappropriate in this case.




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VRG Linhas Aereas S.A. v. MatlinPatterson Global Opportunities Partners II

(United States Second Circuit) - The district court's judgment denying the petition to confirm a Brazilian arbitral award is vacated and remanded, where the district court decided that the parties' dispute was beyond the scope of their arbitration agreement, without first determining whether the parties had agreed to an arbitration clause that clearly and unmistakably assigned to an arbitral panel, rather than to the court, any questions about the scope of their arbitration agreement.




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Emotional Debris Release New Singles 'Hey Roman' & 'California Song'

Inspired By The Events Of Los Angeles Summer 1969 Emotional Debris Introduces 2 Catchy Rock Records In Line With Quentin Tarantino's New Epic 'Once Upon A Time In Hollywood'




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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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County of Sonoma v Gustely

(California Court of Appeal) - Affirmed as modified. Defendant failed to comply with an administrative order for various violations of county codes on his property. County filed suit and was awarded penalties, costs and attorney fees, but at a lower rate than amount ordered by administrative court. Appeals court modified assessment of penalties to the higher rate.




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City of Hearne v. Johnson

(United States Fifth Circuit) - Vacate and dismiss. Appeal from the denial of a qualified immunity for the city attorney in a Section 1983 suit. Appeals court found Plaintiff has no standing to pursue the claim in federal court.




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Wilson v. County of San Joaquin

(California Court of Appeal) - Reversed. Plaintiff pled no contest to a felony charge of child abuse for injuries to his infant son, but filed this suit against Defendant, Fire Department, for the emergency medical aid that allegedly led to the death of his infant son. Defendant filed a summary judgment motion that was granted by the trial court on the grounds of government immunity. The appeals court held that government immunity applies to situations where fire fighters are supplying firefighting services, not emergency medical services.




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People v. Jefferson

(California Court of Appeal) - Remand for sentencing. Judgment affirmed. The appeals court directed the trial court to exercise its discretion regarding a determination to run sentences concurrently or not and to consider dismissing sentence enhancements based on Senate Bills 620 and 1393.




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HOLMESWOOD RELEASES SUPERSONIC COVER OF THE BEE GEES “YOU SHOULD BE DANCING”

Holmeswood Transports The Carefree Euphoria Of The Saturday Night Fever Disco Era Into The Future Fueled With Electro-techno-dubstep Vibes Up To Planet Holmeswood




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New Happy Song "Your Turn Me All Around" By CHICAGOBOY Out Now

New Happy Song "Your Turn Me All Around" By CHICAGOBOY Out Now




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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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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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Retractable Technologies, Inc. v. Becton Dickinson and Co.

(United States Fifth Circuit) - Held that a manufacturer of medical syringes that falsely advertised its products did not have to disgorge its profits. That remedy would not be equitable under the circumstances here. Affirmed a post-trial ruling, in this lawsuit brought by a competing syringe manufacturer that also involved antitrust claims.




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Nooit meer braaf: waarom je als personal brand met een rauw randje meer succes hebt

Als je als personal brand, als zelfstandig ondernemer online wil groeien, dan weet je vast al dat je elke dag weer moeten werken aan dat mensen je gaan kennen, dat ze je leuk gaan vinden en dat ze je gaan vertrouwen. Precies: know, like en trust. Je doet dit via je blogs, je webteksten, je […]




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Persona maken in 5 stappen [met template]

In dit artikel leg ik je uit hoe je in 5 handige stappen een buyer persona maakt. Een persona vormt de basis voor alle marketing- en salescommunicatie met je klant. Juist nu we met z’n allen thuiswerken, kun je dit als praktische desktaak uitvoeren. Zo ben je bijzonder zinvol bezig voor je organisatie. Waarom een […]




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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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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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Mason v. Machine Zone, Inc.

(United States Fourth Circuit) - In a class action complaint against the developer of a mobile video game entitled 'Game of War: Fire Age', pursuant to Federal Rule of Civil Procedure 23(b)(3), asserting a claim under Maryland's gambling loss recovery statute (Loss Recovery Statute), Md. Code Ann., Crim. Law section 12-110, alleging plaintiffs lost money participating in an unlawful 'gaming device,' a component of Game of War that allows players to 'spin' a virtual wheel to win virtual prizes for use within that video game, and seeking recovery of gambling losses that players incurred as a result of 'spinning' the virtual wheel, the district court's dismissal of the complaint is affirmed where the district court correctly concluded that plaintiff did not 'lose money' within the meaning of the Loss Recovery Statute as a result of her participation in the Game of War casino, and thus she failed to state a claim under Maryland's Loss Recovery Statute.




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Skulason v. California Bureau of Real Estate

(California Court of Appeal) - Reversing a trial court judgment granting writ of mandate and the award of attorney's fees in the case of a real estate salesperson who sued a state agency for publicizing her three misdemeanor convictions because they had no mandatory duty to remove from their website information about a licensee's convictions even if they were eventually dismissed.




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Rynearson v. Ferguson

(United States Ninth Circuit) - Held that a constitutional challenge to Washington's cyberstalking law should not have been dismissed on grounds of abstention. Due to certain online postings, the plaintiff was the subject of a state court stalking protection order. He responded by filing an action in federal court seeking a declaration that Washington's cyberstalking law is unconstitutional. Reversing and remanding, the Ninth Circuit held that the district court erred in applying the doctrine to abstain from hearing the case.




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Robinson v. Hunt County, Texas

(United States Fifth Circuit) - Revived a citizen's claim that a sheriff's office Facebook page unconstitutionally censored speech. She claimed that her controversial comments were deleted and she was banned from the site, in violation of her First Amendment rights. Vacated a dismissal in relevant part.




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Erickson Productions, Inc. v. Kast

(United States Ninth Circuit) - Affirmed that a business owner contributorily infringed copyrighted photographs by displaying them on his website. However, remanded for further proceedings on whether the infringement was willful.




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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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Estonian Singer-songwriter NOËP Releases Debut EP 'Heads In The Clouds'

NOËP Releases Debut EP ‘Heads In The Clouds’, On His Own Label Noep Music OÜ, Alongside Its Vinyl Pre-sale




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French Singer And Songwriter Ned Has Released Her Debut UK Single 'Give Me More'

French Native Songstress Ned Released Her Debut UK Single ‘Give Me More’ On 6th April 2018




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True Health Chiropractic Inc. v. McKesson Corp.

(United States Ninth Circuit) - Reversed the denial of class certification in an action where a healthcare company was accused of unlawfully sending unsolicited faxed advertisements in violation of the U.S. Telephone Consumer Protection Act. The district court denied the motion for class certification on the ground that individual issues would predominate over issues common to the putative class. On an interlocutory appeal, the Ninth Circuit disagreed and remanded for further proceedings.




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Langan v. Johnson and Johnson Consumer Cos., Inc.

(United States Second Circuit) - Vacated the certification of a consumer class action alleging that Johnson & Johnson deceptively labeled several of its baby bath products as being natural when they were not. The district court had certified a class consisting of consumers who purchased the products in eighteen states. On appeal, the Second Circuit was not convinced that the district court had carefully considered the material differences in the state laws at issue before concluding that their similarities predominated over their differences, and therefore the appeals court vacated and remanded.




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Fresno County Employees' Retirement Association v. Isaacson/Weaver Family Trust

(United States Second Circuit) - Rejected an objecting class member's challenge to the amount of attorney fees awarded to a law firm that represented the class in a shareholder lawsuit. Raising what the court described as a novel issue, the objector contended that the lodestar fee must be unenhanced because the action was initiated under a statute with a fee‐shifting provision.




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Home Depot U.S.A., Inc. v. Jackson

(United States Supreme Court) - On a question of civil procedure, held that a third-party counterclaim defendant -- that is, a party brought into a lawsuit through a counterclaim filed by the original defendant -- may not remove a class-action counterclaim from state court to federal court. Justice Thomas, joined by the four liberal justices, delivered the opinion of a 5-4 Court in this debt collection lawsuit.




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NEI Contracting and Engineering Inc. v. Hanson Aggregates Pacific Southwest Inc.

(United States Ninth Circuit) - Held that an engineering company could not proceed with a class action lawsuit alleging that its former concrete supplier unlawfully recorded cellular phone users' calls without their consent. Affirmed an order decertifying the class on the ground that the class representative lacked individual standing.




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Laura Espinoza And Lunden Reign Release New Single Feat. Missing Persons Legend Dale Bozzio

“Somewhere There Forever” Ft. Dale Bozzio By Laura Espinoza And Lunden Reign




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New From Mz J4ZZIE 'Philomena' Featuring Sona

The Afrobeat/Afrorap Genre’s Rise Has Really Gone On Leaps And Bounds Over The Last Few Years.




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Wilson v. Cable News Network, Inc.

(Supreme Court of California) - Affirmed in part and reversed in part. Plaintiff filed suit for employment discrimination, retaliation and defamation. Defendant filed an anti—SLAPP motion, Code of Civil Procedure section 425.16. The Supreme court held that the anti-SLAPP statute is applicable to the claims of discrimination and retaliation, but not to the defamation cause of action because it was not made in connection with any issue of public significance.




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Ceraphin Radio Network's IJazzy Classical To Air Broadway Musical Songs

IJazzy Classical Is Haiti’ Only Jazz Radio Station.




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Gemini Tech. Inc. v. Smith & Wesson Corp.

(United States Ninth Circuit) - Reversed the district court’s dismissal of an action based on the forum selection clause in the parties’ contract. Held that the district court abused its discretion in overriding the strong public policy in Idaho Code section 29-110(1).




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Sonner v. Schwabe North America, Inc.

(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.




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Etcheson v. FCA US LLC

(California Court of Appeal) - Held that the trial court improperly reduced the amount of attorney fees to which vehicle purchasers were entitled after prevailing in a lemon law suit. Reversed and remanded with instructions to award the plaintiffs reasonable attorney fees.




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Henderson v. United Student Aid Funds, Inc.

(United States Ninth Circuit) - Revived a consumer's claim that a nonprofit corporation involved in student loans was vicariously liable for violation of the Telephone Consumer Protection Act, because it had ratified student loan debt collectors' illegal calling practices. Reversed a summary judgment ruling.




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Nelson v. Great Lakes Educational Loan Services, Inc.

(United States Seventh Circuit) - Vacating a dismissal and remanding. A student loan borrower's complaints about a loan provider's statements that they needn't seek advice about their borrowing was not expressly preempted because she alleged affirmative misrepresentations, not failures to disclose.




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When My Son with Autism Didn't Drop the Ball

What one night at lacrosse practice showed me about who he is becoming.

April is my bittersweet month, when the world turns blue for autism awareness, when it’s more conscious of the thing that is my constant companion. But after April, the world sometimes forgets.

I cannot.

When he was little, our neurologist commended us for being proactive in seeking Noah’s Asperger’s Diagnosis. Strange, I thought. As if we could wait, when Noah was flapping, refusing eye contact, and fixating; as if other parents would have missed it. But they do. Parents miss things. We are so fallible. We are busted and time-weary and inexperienced. Sometimes we don’t see things until later, when a child on the spectrum stands out among his peers like a road flare in the dark.

Tuesday was the first lacrosse practice of the year for Noah. Lacrosse requires a hand-eye coordination that’s so hard for him. He’s also started with a new league, where he knows neither the coaches nor the players. On this night, my husband was traveling and I had neglected to ensure my son had all required equipment. Being only passingly familiar with lacrosse, I eyeballed his gloves, helmet, and stick and thought we were covered.

We were, in fact, not.

We were missing Noah’s pads, his jersey, and a pair of shorts. He was going to have to practice in sweatpants, indoors. This would be unremarkable, save for the fact that he was also wearing a long-sleeved shirt, and Noah sweats like a hog in July. What’s more? We’d forgotten his sports bottle. I had visions of Noah’s heat-stroking, unprotected body being pelted by balls as he begged the coach for water.

The only thing “right” that night was the fact that we were punctual, and had just enough time to approach ...

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For Your Consideration R&B Performance “Permission To Love” Feat. Spencer Battiest By Singer/songwriter Melissa B.

#62ndGrammyAwards #GrammyAwards #GrammyNominations #MelissaB




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California Teen Killed By Drunk Driver Leaves Legacy In Worship Song

“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.




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New Rap Sensation Etoc Drops Motivational Song "The Run"

The Orlando Based Wordsmith Has Dropped His Standout Single "The Run", Which Is Available On Soundcloud, Spotify And All Online Retailers Including ITunes, Tidal, Apple Music And Amazon.




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Versatile Haitian American Singer/Songwriter Natalie Jean Releases Spanish Holiday Single

Natalie Jean Is Excited To Announce Her Collaboration With Songwriters Bruno Vallelunga And Latin Grammy Nominee Danilo Gossain, Titled “Nostalgia De Navidad”.




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Levinson Arshonsky and Kurtz LLP v. Kim

(California Court of Appeal) - A law firm's client was unable to compel arbitration of a fee dispute with his former attorneys. The case involved California's Mandatory Fee Arbitration Act.




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On Being An Angry ______ Person

For minorities, there is a big difference between having an anger problem and having a problem that makes you angry.

There was an effort recently to ban the word "bossy", spearheaded by Facebook executive Sheryl Sandberg. The reasoning behind this is that when “bossy” is used to describe women (as it almost always is), it discourages them from speaking up for fear of being saddled with that derisive term. I had never considered that before, and wondered if there are other words that can have the same effect - adjectives that have specific connotations when employed towards specific people. And I came up with at least one more example, a term which I have heard on a few occasions: angry. People of color and other minorities who are vocal about issues of race and justice are often called angry - “angry asian man”, “angry black guy", “angry feminist lady”, etc.

This might not seem like a big deal because some of these people are indeed angry in a purely objective sense. But the use of this word in this context often carries an additional connotation, that this person's anger is not appropriate or justified. That is what people really mean when they talk about an “angry _____ person” - they are saying, “unnecessarily and excessively angry _____ person.” Intentionally or not, the use of that word implies abnormality, an anger that is pathological in nature, as if a product of genetics, rather than context.

You can see this dynamic at work in nearly every racially charged controversy in American culture, from the riots in Ferguson to debates on football mascots, where people are quick to dismiss the concerns of minorities as nothing more than political correctness run amok. In this way, minorities are often portrayed as having an anger problem, rather ...

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A Letter For My Son

A letter to my son, who is a testament to God's wild goodness

Oh Jonathan, you turned four years old this month! Amazing how time flies so fast. You are my little guy, and I love you, although there are times when you drive me up the wall. Like yesterday. And the day before that. And the entire month of July, for that matter.

I still remember the day I first heard that you were coming into our lives. Your mother was going into surgery for her mastectomy, and her doctor called me in to the surgical ward because she had to tell me something important. When I heard that, my heart dropped into the pit of my stomach. In fact, I almost vomited. You see, the prior year had taught me to expect the very worst from life, and from God: miscarriage, burglary, cancer, health insurance cancellation. And so that morning I braced myself for another kick to the teeth, perhaps news that the cancer had spread, or that the surgery couldn’t be performed.

But the last thing I ever expected to hear was that mommy was pregnant, and that you were in her belly. I was at an absolute loss for words, something that doesn’t happen to your father often. It was in that moment that my understanding of God completely collapsed. I realized that I didn’t understand God in the least, a God who could allow your mother to suffer so terribly, but also would bring such an unexpected gift into our lives. I felt like Job standing before the whirlwind, my haughty theology eroding and folding in upon itself in light of the sublime mystery of God and His ways.

So thanks, Jonathan, for completely destroying your dad’s theology.

Fast forward a few months, and I was with your mother at the Sculpture Garden of the National Mall. I got another call from a doctor, this time from a wonderful cancer ...

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Thriving Essential Businesses During COVID-19 / Reopening, Safety Protocols / Stay-At-Home Personal Pizza Kits

Today on Insight, we check in with essential businesses that are thriving during the pandemic. Sacramento County Health Services director Dr. Peter Bielenson shares his thoughts on reopening and other safety protocols, and at-home pizza kits