(California Court of Appeal) - In an unlawful detainer action between two non-profit religious organizations, trial court's order compelling defendant's pastor, who was not a party to the action, to sign the written settlement agreement in his individual capacity, is reversed and remanded where: 1) the parties' oral settlement agreement did not require the pastor to release any personal claims against the plaintiff or sign a written agreement purportedly conforming to the oral settlement in his individual capacity; and 2) the trial court lacked jurisdiction over the pastor.

(United States Second Circuit) - In a suit alleging direct and contributory copyright infringement by defendant Barnesandnoble.com, which, under license, uploads books and book samples to digital 'lockers' that the defendant maintains for its individual customers, and when the license granted by plaintiff was terminated, defendant did not delete a sample of plaintiff's book, the District Court's dismissal of the complaint at summary judgment is affirmed where the allegedly infringing conduct was authorized by the contracts at issue.

(United States Second Circuit) - In a copyright infringement action brought by record companies and music publishers against internet music services that allowed users to search for free music, dealing with the requirement of the Digital Millennium Copyright Act (DMCA) safe harbor that an internet service provider adopt and reasonably implement a policy to terminate repeat infringers, under 17 U.S.C. section 512, the District Court's grant of partial summary judgment in favor of defendants and decision overturning a jury verdict in favor of plaintiffs is: 1) vacated as to partial summary judgment to the defendants based on the conclusion that defendant qualified for safe harbor protection under the DMCA because the District Court applied too narrow a definition of 'repeat infringer'; 2) reversed as to judgment as a matter of law to the defendants on claims that defendant permitted infringement of plaintiffs' copyrights in pre‐2007 MP3s and Beatles songs because there was sufficient evidence to allow a reasonable jury to conclude that defendant had red‐flag knowledge of, or was willfully blind to, infringing activity involving those categories of protected material; 3) remanded for further proceedings related to claims arising out of the District Court’s grant of partial summary judgment; and 4) affirmed in all other respects.

(United States Second Circuit) - In an amended opinion involving a copyright infringement action brought by record companies and music publishers against internet music services that allowed users to search for free music, dealing with the requirement of the Digital Millennium Copyright Act (DMCA) safe harbor that an internet service provider adopt and reasonably implement a policy to terminate repeat infringers, under 17 U.S.C. section 512, the District Court's grant of partial summary judgment in favor of defendants and decision overturning a jury verdict in favor of plaintiffs is: 1) vacated as to partial summary judgment to the defendants based on the conclusion that defendant qualified for safe harbor protection under the DMCA because the District Court applied too narrow a definition of 'repeat infringer'; 2) reversed as to judgment as a matter of law to the defendants on claims that defendant permitted infringement of plaintiffs' copyrights in pre‐2007 MP3s and Beatles songs because there was sufficient evidence to allow a reasonable jury to conclude that defendant had red‐flag knowledge of, or was willfully blind to, infringing activity involving those categories of protected material; 3) remanded for further proceedings related to claims arising out of the District Court’s grant of partial summary judgment; and 4) affirmed in all other respects.

(United States Supreme Court) - Held that the Tennessee Valley Authority is subject to suits challenging any of its commercial activities, just as if it were a private corporation supplying electricity. The TVA insisted that, as a government-owned corporation, it has sovereign immunity from all tort suits arising from its performance of so-called discretionary functions. However, the U.S. Supreme Court disagreed in a unanimous opinion delivered by Justice Kagan.

(United States Supreme Court) - Struck down a Tennessee requirement that applicants for a license to operate a retail liquor store have resided in the State for the prior two years. Held that the residency requirement violates the Commerce Clause because it blatantly favors the State's residents and has little relationship to public health and safety, and further held that the Twenty-first Amendment does not save the state law. Justice Alito delivered the opinion of the 7-2 Court.

RT @VanityFair: Trumpworld's campaign to blame China for creating the coronavirus is ramping up—even as the U.S. intelligence community and WHO insist otherwise

RT @antimega: At @GDSTeam we’re running a number of online events for Global Accessibility Awareness Day on 21 May - please join us! #accessibility #AccessibilityRegulations

RT @IsaacScher__: NEW: Half of all Brooklynites are white, but 97.5% of the borough's social distancing arrests were of people of color.

So @jimtankersley talked to Kevin Hassett about the whole "cubic model" mess, and long story short, I'm pretty sure Hassett owes @NateSilver538 $538.

Important new CitizenLab report: "We Chat, They Watch: How International Users Unwittingly Build up WeChat’s Chinese Censorship Apparatus"

sparks - A typeface for creating sparklines in text without code.

(United States Federal Circuit) - In a patent infringement action, arising after two manufacturers of ambient light sensors shared technical and financial information during negotiations for a possible merger, the appeals court affirmed in part, reversed in part, and vacated in part a jury verdict for plaintiff as follows: 1) defendant's liability for trade secret misappropriation regarding a photodiode array structure was affirmed; 2) several patent infringement claims were reversed and several were affirmed; and 3) monetary damage awards were vacated and remanded for further consideration.

(United States Seventh Circuit) - Affirmed. Different charges involved in a nested set of charges were divisible and a jury could find the accused guilty of the underlying Hobbs Act robberies.

(California Court of Appeal) - In a law firm's suit to enforce a fee-splitting agreement against another law firm, arising from an underlying class action, trial court's judgment in favor of the defendant-law firm is reversed where an attorney may be equitably estopped from claiming that a fee-sharing contract is unenforceable due to noncompliance with rule 2-200 or rule 3.769, where that attorney is responsible for such noncompliance and has unfairly prevent another lawyer from complying with the rules' mandates.

(United States Federal Circuit) - In a patent infringement action, arising after two manufacturers of ambient light sensors shared technical and financial information during negotiations for a possible merger, the jury verdict for plaintiff is affirmed in part, reversed in part, and vacated in part where: 1) defendant’s liability for trade secret misappropriation regarding a photodiode array structure is affirmed; 2) four patent infringement claims are reversed and four are affirmed; and 3) monetary damage awards are vacated and remanded for further consideration.

(United States Federal Circuit) - In a patent infringement action, arising after two manufacturers of ambient light sensors shared technical and financial information during negotiations for a possible merger, the appeals court affirmed in part, reversed in part, and vacated in part a jury verdict for plaintiff as follows: 1) defendant's liability for trade secret misappropriation regarding a photodiode array structure was affirmed; 2) several patent infringement claims were reversed and several were affirmed; and 3) monetary damage awards were vacated and remanded for further consideration.

(United States Fifth Circuit) - Held that a defendant was not entitled to prevailing party attorney fees under the federal Defend Trade Secrets Act, enacted in 2016, because the plaintiff's voluntary dismissal of the case without prejudice meant no one had prevailed here. Affirmed the denial of fees.

(United States Fifth Circuit) - Affirmed. An injury suit under general maritime law failed because causation evidence was scant and the injured party couldn't prove that grease on a ship deck caused him to slip and fall.

(United States Seventh Circuit) - In a dispute over life insurance coverage, held that a policy exclusion was applicable because a man's death from engaging in an act known as autoerotic asphyxiation qualified as intentionally self-inflicted injury.

(California Court of Appeal) - Affirming the denial of an administrative writ and declaratory relief in the case of a Pacific Gas and Electric Company lease extension on two long term leases on land used for water intake and discharge for a nuclear power plant because the lease replacement was subject to the existing facilities categorical exemption to the California Environmental Quality Act's environmental impact report requirement and the unusual circumstances exception did not apply.

(United States Supreme Court) - Held that the Tennessee Valley Authority is subject to suits challenging any of its commercial activities, just as if it were a private corporation supplying electricity. The TVA insisted that, as a government-owned corporation, it has sovereign immunity from all tort suits arising from its performance of so-called discretionary functions. However, the U.S. Supreme Court disagreed in a unanimous opinion delivered by Justice Kagan.

(United States Ninth Circuit) - Revived claims that manufacturers of chocolate products and other firms in the industry aided and abetted child slave labor on Ivory Coast cocoa farms. The companies contended that the complaint sought an impermissible extraterritorial application of the Alien Tort Statute. Reversing a dismissal order in relevant part, the Ninth Circuit held that the former child slaves must be allowed to amend their proposed class action complaint.

(United States Federal Circuit) - In a patent infringement action, arising after two manufacturers of ambient light sensors shared technical and financial information during negotiations for a possible merger, the appeals court affirmed in part, reversed in part, and vacated in part a jury verdict for plaintiff as follows: 1) defendant's liability for trade secret misappropriation regarding a photodiode array structure was affirmed; 2) several patent infringement claims were reversed and several were affirmed; and 3) monetary damage awards were vacated and remanded for further consideration.

(Court of Appeals of New York) - Sentence following conviction for criminal sale of a controlled substance in the third degree is affirmed where the sentencing court properly refused defendant’s request to defer payment of a mandatory surcharge imposed under Penal Law section 60.35 that was not subject to the court’s discretion.

(Court of Appeals of New York) - In a false arrest case contending that police invented a false confession to aid in the prosecution of plaintiff, in violation of 42 U.S.C. section 1983 and New York common law, the trial court’s grant of summary judgment to defendants is: 1) reversed where plaintiff has pleaded sufficient facts to constitute violations of New York's false arrest and malicious prosecution claims and 42 U.S.C. section 1983 claims against individually-named plaintiffs; and 2) affirmed as to the City of New York and New York City Police Department in accordance with Monell v. N.Y.C. Dept. of Soc. Services, 436 U.S. 658 (1978).

(United States Fifth Circuit) - Vacated and remanded. Those convicted for activities in connection with a New Orleans gang had their convictions vacated because Supreme Court precedent showed the residual clause of their convicting statute was unconstitutionally vague.

(California Court of Appeal) - Held that the prevailing wage law applied here because the contractors (belt sorters at county recycling facilities) were engaged in public work. On a separate issue, addressed the statutory remedy for improperly shortening their meal periods by three to five minutes.

(United States Fifth Circuit) - Revived a developer's due process and other claims against a city, a city manager and an engineering firm relating to alleged improprieties in the filing of a subdivision plat. Reversed a dismissal.

Malware phishing scammers targeting ABSA customers with the ZBot Trojan.

A fake Facebook message, taking you to some online pharmacy site.

(United States Fifth Circuit) - Affirmed. An injury suit under general maritime law failed because causation evidence was scant and the injured party couldn't prove that grease on a ship deck caused him to slip and fall.

(United States Federal Circuit) - Affirming the district court's finding of noninfringement and remanding to determine whether the on-sale bar applies in a case relating to an anti-coagulant drug because a different production method was distinguished from the patented method and a patent is invalid if the product was offered for sale and ready for patenting prior to the filing of the application.

(California Court of Appeal) - The People appealed the order dismissing the complaint for a medical marijuana conviction. The Court reversed the dismissal. Defendant argued that the appeal was moot as a result of the passage of the California Adult Use of Marijuana Act. The Court of Appeal rejected the argument because the Court concluded, the Act was not intended to be retroactive for this conviction. A reversal was required because the trial court abused its discretion in mistakenly dismissing the complaint.

Commissioner Chairman Dan Camp of Pennsylvania’s Beaver County on Friday slammed Gov. Tom Wolf (D) over his order excluding the county from moving into the next phase of reopening.

Amnesty advocates are working overtime to portray illegal migrants as heroic essential workers in the national campaign to contain China's coronavirus.

Friday on Fox News Channel's "Your World," Sen. Tom Cotton (R-AR) argued when determining how and whether or not China was responsible for coronavirus global pandemic, it was undeniable China allowed the virus to spread beyond its borders.

For the first time in eight weeks, Hawaii has reported no new statewide cases of COVID-19, leaving the total case count since the beginning of the pandemic at 629.

Rocking Horse Music Club Presents The Music Of Anthony Phillips Feat. Guest Appearances By Steve Hackett, John Hackett, Nick Magnus, Kate St. John, John Helliwell & Others.

New Podcast Concept Station "Elevate Radio" To Help Podcasters And Musicians

[Updated with audio] The House of Assembly will hold a ‘virtual session’ today [May 8] and statements scheduled to be delivered include...

By Bob Moffitt

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. 

(United States Seventh Circuit) - Held that a debt collector did not violate the Fair Debt Collection Practices Act by reporting to a credit bureau that a debtor had nine unpaid bills of $60, rather than simply indicating an aggregate debt of $540. Reversed the district court, in this case involving co-pays for physical therapy sessions.

Love always requires sacrifice.

“Mindfulness” is a buzzword these days. As a recent article in the Sunday New York Times points out:

. . . mindfulness has come to comprise a dizzying range of meanings for popular audiences. It’s an intimately attentive frame of mind. It’s a relaxed-alert frame of mind. It’s equanimity. It’s a form of the rigorous Buddhist meditation called vipassana(“insight”), or a form of another kind of Buddhist meditation known asanapanasmrti (“awareness of the breath”). It’s M.B.S.R. therapy (mindfulness-based stress reduction). It’s just kind of stopping to smell the roses. And last, it’s a lifestyle trend, a social movement and — as a Time magazine cover had it last year — a revolution.

Many Christians will be skeptical of mindfulness simply due to its Buddhist roots, and yet at first glance, there’s something attractive about it. In the midst of an overworked, consumerist culture or production and competition, couldn’t mindfulness offer us all something true and good? Awareness of the present moment—my own emotions, the states of being of those around me, the possibilities inherent in right now—aren’t those all good?

At a glance, sure. And yet, as the author (Virginia Heffernan) of the Times’ piece goes on to note, our current fad of mindfulness is often employed in service of the same work-fueled consumerist values. It will make us, and our children, more productive and less anxious, right?

I think back to my own attempt at greater mindfulness during an exercise “challenge” I committed to with a few friends last year. I pledged to write down everything I was eating and drinking, ...

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(California Court of Appeal) - Held that a truck driver did not have to arbitrate his claim for unpaid wages. He fell within the Federal Arbitration Act's exemption for transportation workers engaged in interstate commerce. Affirmed the ruling below.

Republican California Rep. Tom McClintock on Congress’ coronavirus relief efforts. We check in with a pair of superintendents on prospective timelines for opening their schools, and finding comfort in baking during the pandemic.