(NY Supreme Court) - 2018–11536 (Index No. 51923/17)

(NY Supreme Court) - 528503

(United States Second Circuit) - Held that an insurance company may not proceed with a negligence lawsuit against an adjuster for allegedly botching a claim for hurricane damage. The lawsuit was not filed within the statute of limitations.

(United States Fifth Circuit) - Affirmed. The court affirmed the dismissal of a suit claiming race discrimination and retaliation under Title VII in the firing of a deputy clerk of a city that was part of a group of layoffs intended to offset a budget shortfall. The plaintiff failed to present a genuine issue of material fact that her race was the motivating factor in her termination or that there was a causal connection between an EEOC complaint and the termination.

(California Court of Appeal) - Reversed. Plaintiffs, employees of Defendant, signed an agreement with Defendant requiring binding arbitration of employment disputes after the complaint was filed. The trial court denied Defendant’s motion to compel arbitration agreeing with Plaintiff that the arbitration agreement referred to future claims not the past ones brought by Plaintiff against Defendant. The appeals court disagreed stating that the agreement to arbitrate was clear and there was no qualifying language as to past or future events.

(United States Third Circuit) - Denying a petition to review an FCC order allowing the limitation of bidding credits available to 'designated entities' in the bidding process for electromagnetic spectrum licenses since the decision was not arbitrary, an abuse of discretion, or otherwise contrary to the law.

(California Court of Appeal) - Granting a petition for writ of mandate in the case of a criminal defendant awaiting trial on the charge of attempted murder who sought the Facebook posts of the victim directing the respondent superior court to vacate its order denying Facebook's motion to quash subpeonas duces tecum and vacate order allowing subpeona duces tecum and enter a new order granting the petitioner's motion because the Stored Communications Act prohibits electronic communications service providers from knowingly divulging the contents of a communication and no exception applied.

(California Court of Appeal) - Petition for writ of mandate denied in a case where The People of California filed suit to enjoin the plaintiff from noncompliance with the Unfair Competition law. Plaintiff sought the writ of mandate after its motion to remove the action from Riverside County was denied by the trial court.

(United States Federal Circuit) - Reversing and remanding the final judgment of the United States Court of International Trade case granting summary judgment to the government because the subject modular storage unit imports were improperly classified as mountings and fittings rather than as parts of unit furniture.

(United States Fifth Circuit) - In an action alleging infringement of a star design that plaintiff claimed as a service mark, summary judgment for defendant is affirmed in part where: 1) the record evidence was replete with similar or identical five-pointed stars, both raised and set in circles, and used in similar manners, such that -- notwithstanding the residual evidence of the presumption of validity -- no reasonable jury could find that the star symbol was even a mere refinement of this commonly adopted and well-known form of ornamentation; and 2) plaintiff failed to raise a fact issue regarding the existence of secondary meaning with respect to the symbol. However, the judgment is reversed in part where plaintiff had not yet had the opportunity to introduce evidence relating to its trade dress claims.

(United States Federal Circuit) - Affirming a district court order denying a motion for attorney fees following the dismissal of a patent infringement suit with prejudice because attorney fees are only available in exceptional circumstances and the court decision was not an abuse of discretion.

(United States Federal Circuit) - Affirmed the bench trial finding that valid patents still existed in a longstanding pharmaceutical drug called Aveed after defendant Custopharm was sued for patent infringement by Endo Pharmaceuticals and Bayer after seeking FDA approval to produce a generic version of Aveed.

(United States Federal Circuit) - Held that a patent claim relating to light-emitting diodes was invalid because it did not meet the enablement requirement. After a jury found that the defendants had infringed Boston University's patent, the defendants appealed on the ground that the patent was invalid because it did not adequately teach the public how to make and use the invention. Agreeing with this argument, the Federal Circuit held that the defendants were entitled to judgment as a matter of law.

(Court of Appeals of New York) - In an environmental action, challenging a Town Board's positive declaration under the State Environmental Quality Review Act (SEQRA) and requiring a draft environmental impact statement, the trial court's dismissal of the petition is affirmed where the positive declaration is not justiciable and the case not ripe for judicial review.

(Court of Appeals of New York) - In a contracts action arising from a dispute over the auction sale of a syndicated loan, the Appellate Division's grant of defendant's motion for summary judgment is reversed where the lack of a written sales agreement and plaintiffs' failure to submit a timely cash deposit were not conditions precedent to the formation of the parties' contract and do not render their agreement unenforceable.

(United States Fifth Circuit) - Partially affirmed, remanded. A Texas ban on public corporations obtaining package store permits did not violate Equal Protection rights, but the district court erred in finding a discriminatory nature and burden imposed by the public corporation ban.

Malware phishing scammers targeting ABSA customers with the ZBot Trojan.

A SCREAMING 419 scammer. Maybe he is frustrated because nobody believes in the $700,000 prize money.

Stock market spammers are at it again. This time promoting the R.C.H.A stock.

Stock market spammers still trying to push this stock.

IRMGF (Inspiration Mining Corporation) pump and dump stock spam

(California Court of Appeal) - Affirmed. Plaintiff challenged a trial court ruling that a proposed development failed to comply with the California Environmental Quality Act. The appeals court found that the trial court did not err in concluding that that the project failed to comply with the CEQA requirement of an accurate, stable, and finite project description.

(United States Seventh Circuit) - Affirmed the sentence of a defendant who pleaded guilty to distributing methamphetamine.

(California Court of Appeal) - In a grape rootstock seller's challenge to the mandatory assessments it must pay to the California Grape Rootstock Improvement Commission to help fund research for pest-resistant and drought-resistant rootstock, Food & Agr. Code sections 74701-74796, alleging it is an unconstitutional exercise of the state's police power in violation of plaintiff's liberty interests and due process rights under the federal and state Constitutions, the trial court's judgment in favor of defendants is affirmed where the Commission Law has a reasonable relation to a legitimate purpose and its delegation to nursery owners does not invalide the law.

(California Court of Appeal) - Affirmed. Plaintiff challenged a trial court ruling that a proposed development failed to comply with the California Environmental Quality Act. The appeals court found that the trial court did not err in concluding that that the project failed to comply with the CEQA requirement of an accurate, stable, and finite project description.

(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.

(California Court of Appeal) - Affirmed summary judgment in favor of two drug store chains in a dispute with a shopping mall over common area maintenance fees. The case raised questions about real property rights and reverse triangular mergers.

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

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

One Of The First Collaborations Between Major Artists From India And The West

(Supreme Court of California) - Reversed. Plaintiffs are state correctional employees who sought additional compensation for pre and postwork activities that include walking from outermost gate of prison to their work posts. The court divided Plaintiffs into two groups: union and non-union. The appeals court held that the non-union employees were entitled to overtime. The California Supreme Court held the union employees were not entitled to additional compensation because their collective bargaining agreement took that into account. And the non-union were not entitled because the walking time did not fit the definition of compensable work time under the Pay Scale Manual.

(United States Fifth Circuit) - Partially affirmed, remanded. A Texas ban on public corporations obtaining package store permits did not violate Equal Protection rights, but the district court erred in finding a discriminatory nature and burden imposed by the public corporation ban.

(United States Federal Circuit) - Affirmed the bench trial finding that valid patents still existed in a longstanding pharmaceutical drug called Aveed after defendant Custopharm was sued for patent infringement by Endo Pharmaceuticals and Bayer after seeking FDA approval to produce a generic version of Aveed.

(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.

Conservative radio host and litigator Mark Levin noted Thursday on The Mark Levin Show that he had been vindicated in his early suspicions that the outgoing Obama administration had staged a "silent coup" against President Donald Trump.

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."

Jeff Haste, Pennsylvania's Dauphin County Board chairman, slammed Gov. Tom Wolf (D) in a letter on Friday for keeping a bulk of businesses closed, particularly in his county, and bluntly called on Wolf to “return our state to the people (as prescribed by our Constitution) and not run it as a dictatorship.”

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

(Supreme Court of California) - Reversed. Plaintiffs are state correctional employees who sought additional compensation for pre and postwork activities that include walking from outermost gate of prison to their work posts. The court divided Plaintiffs into two groups: union and non-union. The appeals court held that the non-union employees were entitled to overtime. The California Supreme Court held the union employees were not entitled to additional compensation because their collective bargaining agreement took that into account. And the non-union were not entitled because the walking time did not fit the definition of compensable work time under the Pay Scale Manual.

“Bright Light,” The New Single From Pastor, Singer/songwriter And Entertainer Norman Lee Schaffer Is Releasing To Christian Country-formatted Radio Outlets Today.

Huckleberry Restaurant & Rosedon Hotel recently re-launched its curbside pick-up service with a new online storefront at HuckleberryBDA.com. A...

May 8 saw 126 shares trade on the Bermuda Stock Exchange, valued at $3,886.50 BD. 126 shares were traded by Ascendant Group Limited, closing down...

The possibilities and limitations of logging life on the Internet.

“Blog” is a word that was coined nearly two decades ago as a shortened version of “web log.” As the word suggests, blogs originated as online spaces in which individuals or groups log their experiences in something approaching real time, much as a sailor would record the daily weather conditions onboard hundreds of years ago. “Blog” can be used as a noun or a verb, but in either case this compact word almost describes itself. Not poetic or thought-provoking or nuanced. Rather— short, efficient, straightforward.

So the word “blog” itself pretty much sums up the promise and perils of the genre. On the one hand, blogging offers a wealth of opportunity, especially for writers like me who are trying to figure out topics of interest to readers, or work through new ideas, or build an audience of people interested in those topics and ideas. Over the past few years, I have been blogging about faith, family, and disability here at Thin Places (and elsewhere), and I’m grateful for what that opportunity has afforded me. I’ve been able to provide a space for conversation by curating guest posts around topics like racial reconciliation or rest or contraception. I’ve been able to offer my own thoughts about a whole host of topics, from advances in prenatal testing to reflections on quiet times and church attendance, from sexuality to the Oscars. I’ve been able to highlight some of the good work happening within the church, especially when it comes to disability, and I’ve been able to participate in some online conversations about events within the news.

Blogging offers a terrific forum for pushing ideas out into the world for immediate consumption ...

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Cloe Wilder Releases The Music Video For Her New Single.

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

Stock Broker-turned-entrepreneur Alan Chan Sets Sights On Investing In Not Just Kpop, But The "Asian Pop" Entertainment Business

(California Court of Appeal) - Reversed. Plaintiffs, employees of Defendant, signed an agreement with Defendant requiring binding arbitration of employment disputes after the complaint was filed. The trial court denied Defendant’s motion to compel arbitration agreeing with Plaintiff that the arbitration agreement referred to future claims not the past ones brought by Plaintiff against Defendant. The appeals court disagreed stating that the agreement to arbitrate was clear and there was no qualifying language as to past or future events.

Pastors often loathe to weigh in on controversial topics. There are reasons.

I have never considered myself a very political person. As a proudly evangelical pastor, for a long time I possessed a somewhat bemused and distant attitude towards politics, focusing my attention instead on my calling to teach and preach the Word, which was above all worldly concerns. But that changed a few years ago. After my wife was diagnosed with breast cancer, and our insurance company tried to terminate her coverage using the dreaded “pre-existing condition” clause, I became a vocal advocate for health care reform. Shortly after that, as a resident of a city wracked with racial tensions, I timidly called for greater understanding between Korean and African-American communities.

These brief forays into the public sphere have taught me a lot, and have given me a lot more compassion on the plight of pastors. Evangelical pastors are often lambasted for their lack of engagement with society and politics. We accuse evangelical leaders of being too passive and silent on the most pressing issues of the day, and wonder if this is due to a lack of conviction, or a lack of courage. We call them cowards, dinosaurs, unbiblical, irrelevant. And I hate to admit that I have often joined that chorus of criticism. But the truth is not nearly so simple. Although I don't seek to totally exonerate myself from wrongdoing, here are five reasons why I personally hesitate to speak out on controversial issues:

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The Separation of Church and State

This might seem like something of a cop-out explanation, but you should remember that one of the foundational principles of American culture and government is the separation between church and state. It's an idea that ...

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Black history month is not just for black people. It's for all people.

Note: I use the term “Black History Month” rather than “African-American History Month” because a friend informed me that there are individuals who would not be considered African-American, but still very much are considered part of Black history, like Marcus Garvey and others. In general, I tend to use the terms "black" and "African-American" interchangeably, and I apologize in advance if anyone finds this offensive.

Every February is Black History Month. I have to admit that before a few years ago, I didn’t really celebrate it in any real way, besides some cursory acknowledgement. But now, I actively celebrate Black History Month, both in my personal life as well as in the life of the church. I don’t do so because it’s the right thing for an educated person to do, or in an attempt to pander to political correctness. Nor do I do this because I consider myself anything close to an expert on black history and culture. The reason I unapologetically celebrate Black History Month is because the past couple of years of my life have made me realize that, even as a Korean-American, it was only appropriate that I do so.

The first event that brought me to this realization was that whole “Make Me Asian” and "Make Me Indian" thing. Two years ago, there was an app on the Android market called “Make Me Asian”, which took photos from your phone or mobile device and digitally altered them. This seems benign enough, but the manner in which they altered them was that they made your skin tone yellow, your eyes slanted, slapped a fu-manchu mustache on your face, as well as a rice paddy hat on your head. Of if you wanted to pretend to be a Native ...

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It's easy to hate on Christian music, but Christian musicians often find themselves in impossible terrain.

I have a confession to make. I really dislike Christian music.

Now, Christian music is a very broad term, so I think some defining is in order. I don't mean music that is written expressly for use in the church for praise and worship. I'm talking about Christian music that does not exactly fit in church, but has an unmistakable Christian theme in its lyrics and content, what I think is commonly referred to as CCM, or Christian Contemporary Music. It tries to cleave to some of the lyrical and theological orthodoxy of worship music, but with the musical sensibilities of pop and rock (and sometimes even hip hop), and somehow manages to mangle both. I don't like this kind of Christian music, and I know I'm not alone.

I listen to it everyday on the radio, partially because I find the lyrical content that's broadcast on other stations repugnant ("Cuz your sex takes me to paradise, yeah your sex takes me to paradise..."), and partially because as a pastor, I feel somewhat guilty if I don't. But I regularly grit my teeth while listening to the local Christian radio station. My beef is that even though the music has such high production values and is performed by such high caliber musicians, it often lacks realness and authenticity. Amazingly, it manages to sound shallow even when talking about ideas of incredible depth. The lyrics are prosaic and affected, and the themes that it covers are shockingly narrow. There are the "I'm a bad person but you love me anyway" songs, the "Teach me to love like you songs", and the "Don't give up" songs. Aaaand, that's about it. Of course, I'm being facetious and stupid, which comes as no surprise to those of ...

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