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Nomorerack Online Shopping Spam - Take a look at this spam

This is why it pays to have a mailbox called spam.




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General Malware Spam - PURCHASE ORDER ENQUIRY..PLEASE CONFIRM

An unknown purchase order inquiry from Captain Fabri. You can smell the virus a mile away.




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General Malware Spam - ACH Notification

At the end of the month you need your salary... not a virus.




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General Malware Spam - You have received a new fax message

Fax or malware? This is clearly malware.




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General Malware Spam - Homicide Suspect

From payroll to fax to a homicide suspect. Where do these spammers get their inspiration from?




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LAJIM, LLC v. General Electric Co.

(United States Seventh Circuit) - Held that adjoining landowners were not entitled to injunctive relief against a company whose manufacturing plant had polluted the groundwater, in an action under the citizen suit provision of the Resource Conservation and Recovery Act. The plaintiffs did not demonstrate a need for injunctive relief, because state environmental regulators had already sued the company and the two were working together on remedial steps. Affirmed the ruling below.




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Herrera v. Wyoming

(United States Supreme Court) - Held that members of the Crow Tribe retain a broad right under an 1868 Treaty to hunt on land that is now part of the Bighorn National Forest in Wyoming. One issue was whether the treaty hunting rights expired when Wyoming became a state. The U.S. Supreme Court, divided 5-4, ruled favorably to the Tribe. Justice Sotomayor delivered the majority opinion.




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Eni US Operating Co., Inc. v. Transocean Offshore Deepwater Drilling, Inc

(United States Fifth Circuit) - In a contractual dispute between two companies in the oil-drilling business, vacated a bench trial judgment, in part. The contract related to exploratory drilling for offshore oil.




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Glassell Non-Operated Interests Ltd. v. Enerquest Oil and Gas LLC

(United States Fifth Circuit) - Held that an oil company did not breach its contract with several other oil companies. The dispute arose out of a joint agreement to cooperatively develop oil prospects in Texas. Reversed the judgment below.




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Federal Home Loan Bank of Bost v. Moody's Corp.

(United States First Circuit) - In a case arising out of the near-collapse of the mortgage-backed securities market, alleges that various rating agencies falsely gave out triple-A ratings to mortgage-backed securities they knew were far riskier than indicated by their pristine ratings, the District Court's dismissal of plaintiff's claims on jurisdictional grounds is reversed where it erred in finding that it lacks statutory power to transfer this action to another federal court in which personal jurisdiction over certain defending parties may be met.




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JL Beverage Co, LLC v. Jim Beam Brands Co.

(United States Ninth Circuit) - In an action claiming of trademark infringement, false designation of origin, and unfair competition brought under the Lanham Act and Nevada state law by a beverage company-plaintiff, which sells a competing line of flavored vodkas, the District Court's grant of summary judgment to defendant is reversed where the district court erred in: 1) failing to place the burden of proof on defendant, the moving party; 2) failing to view the evidence in the light most favorable to plaintiff; and 3) never analyzing whether a genuine dispute of material fact existed.




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Valderas v. City of Lubbock

(United States Fifth Circuit) - Affirmed. The grant of summary judgment in favor of an officer who used deadly force in an arrest was proper since there weren't issues of material fact regarding the reasonableness. There was no genuine issue of material fact.




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Broyles v. Cantor Fitzgerald & Co.

(United States Fifth Circuit) - Vacated. The district court erred in finding that plaintiffs lacked standing under Delaware law to bring a direct action against investment advisors instead of initiating a derivative action. They only need to plead an arguable position that they were not relegated to derivative actions.




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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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Kader v. Sarepta Therapeutics, Inc.

(United States First Circuit) - Affirming the district court dismissal of a case in which a class of purchasers of securities issued by a drug company that the investors said recklessly misled them about their target date for submitting an application to the Food and Drug Administration for a drug approval because the court did not err in finding that they had failed to state a claim.




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The General Hospital Corporation v. Sienna Biopharmaceuticals, Inc.

(United States Federal Circuit) - Vacating the Patent Trial and Appeal Board's dismissal of an interference claim for lack of standing and remanding for further proceedings because the description of a method for removing hair using nanoparticles to damage hair follicles was a sufficient written description under the Patent Act because although the description only gave optical density rather than particles per ml, this was enough of a disclosure to convey to those skilled in the art that the inventor had possession of the claimed subject matter.




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Khoja v. Orexigen Therapeutics, Inc.

(United States Ninth Circuit) - Reversed in part the dismissal of a securities fraud class action alleging that a biotechnology firm misrepresented to investors the status of a clinical drug trial. An investor brought this suit contending that the company and certain top executives violated Section 10(b) of the Securities Exchange Act of 1934. On appeal, the Ninth Circuit held that the district court erred in part in dismissing the complaint for failure to state a claim. The panel also ruled that the district court abused its discretion in judicially noticing certain facts and in incorporating certain documents into the complaint.




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Hans von Spakovsky: Flynn Still Needs Liberal Judge to Accept Dropped Charges

Discretion over acceptance of the DOJ's bid to drop charges against Michael Flynn lies with a left-wing judge, explained Hans von Spakovsky.




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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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Screen Music Connect To Explore The Music Of Film, Television And Interactive Media

Tickets On Sale For New London-based Music Conference At Southbank Centre’s Purcell Room On September 24




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Mielo v. Steak 'N Shake Operations, Inc.

(United States Third Circuit) - Reversed the certification of a class in a lawsuit alleging that a restaurant chain violated the Americans with Disabilities Act because its parking lots were difficult to ambulate in a wheelchair. The 500-location restaurant chain contended that the plaintiffs had failed to satisfy some of the requirements for class certification under Fed. R. Civ. P. 23(a). Agreeing, the Third Circuit reversed and remanded to the district court to reconsider if a class should be certified.




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Ahmad Javon Lane Is Ready To Pose For The Camera

Singing Songwriter Ahmad Formally "thisisjavon" Is Ready To Strike A Pose For The Camera And Get Sexy For A Same-Sex Bachelors




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People v. Rivera

(Supreme Court of California) - On an automatic appeal, affirmed a death judgment imposed on a man who murdered a peace officer.




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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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Kreg Therapeutics, Inc. v. VitalGo, Inc.

(United States Seventh Circuit) - Held that a manufacturer breached its contractual agreement with a distributor in the medical-supply industry. Affirmed a bench trial judgment, in a case involving distribution rights to a special type of hospital bed.




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Eni US Operating Co., Inc. v. Transocean Offshore Deepwater Drilling, Inc

(United States Fifth Circuit) - In a contractual dispute between two companies in the oil-drilling business, vacated a bench trial judgment, in part. The contract related to exploratory drilling for offshore oil.




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Glassell Non-Operated Interests Ltd. v. Enerquest Oil and Gas LLC

(United States Fifth Circuit) - Held that an oil company did not breach its contract with several other oil companies. The dispute arose out of a joint agreement to cooperatively develop oil prospects in Texas. Reversed the judgment below.




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RUBiS Service Stations Phase 1 Operating Hours

RUBiS Energy Bermuda provided information about their operating hours during the Island’s Phase 1 reopening, with select sites offering 24-hour...




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Minister: Public Works Operations During Covid-19

[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...





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Reopening In The COVID Era: How To Adapt To A New Normal

By Julie Appleby, Kaiser Health News

As many states begin to reopen — most without meeting the thresholds recommended by the White House — a new level of COVID-19 risk analysis begins for Americans.

Should I go to the beach? What about the hair salon? A sit-down restaurant meal? Visit Mom on Mother’s Day?

States are responding to the tremendous economic cost of the pandemic and people’s pent-up desire to be “normal” again. But public health experts remain cautious. In many areas, they note, COVID cases — and deaths — are still on the rise, and some fear new surges will follow the easing of restrictions.

“Reopening is not back to normal. It is trying to find ways to allow people to get back out to do things they want to do, and business to do business,” said Dr. Marcus Plescia, chief medical officer at the Association of State and Territorial Health Officials. “We can’t pretend the virus has gone away. The vast majority of the population is still susceptible.”

So far, state rules vary. But they involve a basic theme.

“They are making assumptions that people will use common sense and good public health practice when they go out,” said Dr. Georges Benjamin, executive director with the American Public Health Association.

As states start to reopen, people will have to weigh the risk versus benefit of getting out more, along with their own tolerance for uncertainty. The bottom line, health experts say, is people should continue to be vigilant: Maintain distance, wear masks, wash your hands — and take responsibility for your own health and that of those around you.

“It’s clearly too early, in my mind, in many places to pull the stay-at-home rules,” said Benjamin. “But, to the extent that is going to happen, we have to give people advice to do it safely. No one should interpret my comments as being overly supportive of doing it, but if you’re going to do it, you have to be careful.”

An added caveat: All advice applies to people at normal risk of weathering the disease. Those 60 or older and people with underlying health conditions or compromised immune systems should continue staying home.

“Folks who are at higher risk of having a more severe reaction have to continue to be very careful and limit contact with other people,” Plescia said.

So, should I go to the beach?

There’s nothing inherently risky about the beach, said Benjamin. But, again, “if you can, avoid crowds,” he said. “Have as few people around you as possible.”

Maintain that 6-foot distance, even in the water.

“If you are standing close and interacting, there is a chance they could be sick and they may not know it and you could catch it,” Plescia said. “The whole 6-foot distance is a good thing to remember going forward.”

Still, “one thing about the beach or anywhere outside is that there is a lot of good air movement, which is very different than standing in a crowded subway car,” he said.

Even so, recent images of packed beaches and parks raise questions about whether people are able or willing to continue heeding distancing directives.

But if we’re all wearing masks, do we really need to stay 6 feet apart?

Yes, for two reasons. First, while masks can reduce the amount of droplets expelled from the mouth and nose, they aren’t perfect.

Droplets from sneezing, coughing or possibly even talking are considered the main way the coronavirus is transmitted, from landing either on another person or surface. Those who touch that surface may be at risk of infection if they then touch their face, especially the eyes or mouth. “By wearing a mask, I reduce the amount of particles I express out of my mouth,” said Benjamin. “I try to protect you from me, but it also protects me from you.”

And, second, masks don’t protect your eyes. Since the virus can enter the body through the eyes, standing further apart also reduces that risk.

Should I visit Mom on Mother’s Day?

This is a complex choice for many families. Obviously, if Mom is in a nursing home or assisted living, the answer is clearly no, as most care facilities are closed to visitors because the virus has been devastating that population.

There’s still risk beyond such venues. Data from the Centers for Disease Control and Prevention shows 8 out of 10 reported deaths from the coronavirus are among those 65 or older. Underlying conditions, such as heart or lung disease and diabetes, appear to play a role, and older adults are more likely to have such conditions.

So, what if Mom is healthy? There’s no easy answer, public health experts say, because how the virus affects any individual is unpredictable. And visitors may be infected and not know it. An estimated 25% of people show no or few symptoms.

“A virtual gathering is a much safer alternative this year,” said Benjamin.

But if your family insists on an in-person Mother’s Day after weighing Mom’s health (and Dad’s, too, if he’s there), “everyone in the family should do a health check before gathering,” he said. “No one with any COVID symptoms or a fever should participate.”

How prevalent COVID is in your region is also a consideration, experts say, as is how much contact you and your other family members have had with other people.

If you do visit Mom, wear masks and refrain from hugging, kissing or other close contact, Benjamin said.

My hair is a mess. What about going to the salon?

Again, no clear answer. As salons and barbershops reopen in some states, they are taking precautions.

States and professional associations are recommending requiring reservations, limiting the number of customers inside the shop at a given time, installing Plexiglas barriers between stations, cleaning the chairs, sinks and other surfaces often, and having stylists and customers wear masks. Ask what steps your salon is taking.

“Employees should stay home if they are sick or in contact with someone who is sick,” said Dr. Amanda Castel, professor of epidemiology at Milken Institute School of Public Health at the George Washington University. “Also, employers should make sure they don’t have everyone congregating in the kitchen or break room.”

Some salons or barbers are cutting hair outside, she noted, which may reduce the risk because of better ventilation. Salons should also keep track of the customers they see, just in case they need to contact them later, should there be a reason to suspect a client or stylist had become infected, Castel said.

Consider limiting chitchat during the cut, said Plescia, as talking in close proximity may increase your risk, although “it feels a little rude,” he admitted.

What if your stylist is coughing and sneezing?

“I would leave immediately,” he said.

What about dining at a restaurant?

Many states and the CDC have recommendations for restaurants that limit capacity — some states say 25% — in addition to setting tables well apart, using disposable menus and single-serve condiments, and requiring wait staff to wear masks.

“That’s the kind of thing that does help reduce the chance of spread of infection,” Plescia said.

If your favorite eatery is opening, call to ask what precautions are in place. Make a reservation and “be thoughtful about who you are having dinner with,” said Plescia. Household members are one thing, but “getting into closer physical contact with friends is something people should be cautious about.”

Overall, decide how comfortable you are with the concept.

“If you’re going to go to a restaurant just to sit around and worry, then you might as well do takeout,” he said.

And travel?

Consider your options and whether you really need to go, say experts.

Driving and staying in a hotel may be an option for some people.

If hotels are adequately cleaned between guests, “you could make that work,” said Plescia. Bring cleaning wipes and even your own pillows. Again, though, “if you’re going to see an elderly parent, you don’t want to contract something on the way and give it to them.”

Regarding air travel — airlines are taking steps, such as doing deep cleaning between flights. Fresh and recirculated air goes through special HEPA filters. While there is little specific research yet on the coronavirus and air travel, studies on other respiratory and infectious diseases have generally concluded the overall risk is low, except for people within two rows of the infected person. But a case involving an earlier type of coronavirus seemed to indicate wider possible spread across several rows.

Maintaining distance on the plane and in the boarding process is key.

“Wear a mask on the plane,” said Benjamin.

And plan ahead. How prevalent is the coronavirus in the areas you are traveling to and from? Are there any requirements that you self-isolate upon arrival? How will you get to and from the airport while minimizing your proximity to others?

But if it’s not essential, you might want to think twice right now.

“People who absolutely don’t have to travel should avoid doing it,” said Plescia.

Worship services are important to me. What precautions should be considered?

The distance rule applies as houses of worship consider reopening.

“As much as you can within religious rules, try to avoid contact,” said Benjamin.

He is not giving any advice on Holy Communion, saying that is up to religious leaders. But, he noted, “drinking from the same cup raises the risk if a person is sick or items are touched by anyone who is sick.”

Finally, keep in mind that much is being learned about the virus every day, from treatments to side effects to how it spreads.

“My own personal approach is, try to play it on the cautious side a bit longer,” said Plescia.

Castel agreed.

“We need a little more time to fully understand how COVID-19 works and more time to ramp up our testing, find treatments and hopefully a vaccine,” she said. “We all have social distancing fatigue. But we can continue to save lives by doing this.”




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Federal Trade Commission v. AMG Capital Management, LLC

(United States Ninth Circuit) - Held that the Federal Trade Commission Act could support an order compelling an online payday lender to pay more than $1 billion in monetary relief for unfair business practices. Two of the judges on the Ninth Circuit panel filed a concurring opinion to suggest that the court should rehear the case en banc to reconsider relevant circuit precedent.



  • Consumer Protection Law
  • Banking Law
  • Antitrust & Trade Regulation

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Zabriskie v. Federal National Mortgage Association

(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.




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Federal Trade Commission v. Federal Check Processing, Inc.

(United States Second Circuit) - Held that thirteen collection agencies violated federal law in collecting payday loan and other debts. Affirmed summary judgment in favor of the Federal Trade Commission in this civil enforcement action against the collection agencies and their co-owners.




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Craftwood II, Inc. v. Generac Power Systems, Inc.

(United States Seventh Circuit) - Revived businesses' claims that they were sent unsolicited fax advertisements in violation of the federal Telephone Consumer Protection Act. Reversed a dismissal, in a case raising issues of standing to sue.




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Federal Trade Commission v. Consumer Defense LLC

(United States Ninth Circuit) - In an enforcement action brought by the Federal Trade Commission, affirmed a preliminary injunction freezing the assets of companies that allegedly had made deceptive representations regarding loan modification services.




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From Depo-Provera to Natural Family Planning

What I learned about sex, my body, and the rhythms of life.

As this series on contraception comes to a close, Emily Heady offers a Protestant perspective on Natural Family Planning.

When my husband and I married in 2001, we were graduate students with tiny salaries, tiny living quarters, and gargantuan workloads. It was not a good time for a baby. So a few months before our wedding, I showed up at Indiana University’s student health center and said I needed birth control. The nurse practitioner asked me if it was an emergency or if I needed a police referral. “No,” I said. “I’m getting married in a few months, and I want to be used to it by then.”

Although born and raised in church, I had a very anemic theology of conception. We just didn’t talk about it. I had been taught that sex before marriage was bad, but that was about it. Marital sexuality simply wasn’t discussed; neither was birth control or any other blush-worthy subject. As a pro-life evangelical, I hadn’t expected the student health center at the Big Secular School to serve as a complete and reliable guide to human sexuality, but I needed answers, and that was my best hope.

To her credit, the nurse practitioner heard my questions about the mechanisms various drugs used in controlling for birth, then recommended Depo-Provera. If it shut down my cycles altogether, she explained, that would mean that there was no egg to fertilize; if it didn’t, well, we could talk further. It turned out we didn’t have to: Depo did just what she had predicted.

The first time I engaged theologically with questions about married sexuality was as part of the requisite premarital counseling my Catholic spouse and I completed. The eminently practical priest explained that, ...

Continue reading...




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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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Katie Knipp “Take It With You” For Your Consideration For Traditional Blues Album

#62ndGrammyAwards #Blues #GrammyAwards #GrammyNominations




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Nieto v. Fresno Beverage Co., Inc.

(California Court of Appeal) - Held that a former delivery driver for a beverage company did not have to arbitrate his wage-and-hour lawsuit. His case fell within a statutory exemption in the Federal Arbitration Act that applies to transportation workers engaged in interstate commerce. Affirmed the denial of the company's motion to compel arbitration.



  • Transportation
  • Dispute Resolution & Arbitration
  • Labor & Employment Law

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LA-Based Indie Rock/Pop Duo H. Kink Premiere New Video, As Favorable Early Coverage Runs For Debut Album

"‘Wish I Were Here' Is So Engaging, I Can Hardly Believe It's Their Debut"




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Coronavirus Antibody Testing / Reopening Public Recreational Spaces / Next Generation Jazz Festival Results

We explore what antibody testing is and the potential it has against the coronavirus as UC Davis Health begins testing some of its healthcare workers. Local county leaders check in, and the results of the Next Generation Jazz Festival.




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Midem Artist Accelerator Call For Entries Open

First Class Industry Experts To Select Rising International Talent




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Exactuals Appoints Sean FitzGerald As Director, Software Engineering

FitzGerald Will Serve As Exactuals’ Tech Lead, Overseeing Updates And Expansions Of The Company’s Product Line, RAI.




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The Magela Herrera Quintet At Arts Garage Sept 20

Cuban Born Vocalist, Composer, Recording Artist, Bandleader, And Flute Virtuoso, Magela Herrera Has Established Herself As A Solo Artist. She Has Fresh, Bold, And Exciting New Concepts....




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Katie Knipp “Take It With You” For Your Consideration For Traditional Blues Album

#62ndGrammyAwards #Blues #GrammyAwards #GrammyNominations




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Colorado’s marijuana businesses should be eligible for federal coronavirus aid, Polis tells Congress

Colorado's cannabis industry is allowed to remain open to provide "critical" services during the coronavirus pandemic, but because marijuana is a federally controlled substance, dispensaries and other businesses are ineligible to receive stimulus funds to help offset the economic impacts caused by COVID-19.




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US v. Fitzgerald

(United States Ninth Circuit) - Vacated and remanded. The defendant’s prior Nevada conviction for attempted battery with substantial bodily harm in violation of Nev. Rev. Stat. Section 200.481(2)(b) and 193.330 qualifies as a felony conviction for a crime of violence under U.S.S.G. Section 2K2.1.



  • Criminal Law & Procedure