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Brown v. Maxwell; Dershowitz v. Giuffre

(United States Second Circuit) - Vacate and order the unsealing of summary judgment record and remand. Intervenors, Dershowitz and the Miami Herald, appeal from an order denying motion to unseal filings in a defamation suit stemming from a suit brought as a result of the conviction of Jeffrey Epstein. Appeals court held the district court failed to conduct appropriate review when it ordered records sealed. Appeals court ordered the unsealing of summary judgment materials as there was no privacy interest sufficient to justify continued sealing. The remaining documents require additional review by the district court applying appropriate standards.




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Sheen v. Wells Fargo Bank, N.A.

(California Court of Appeal) - Affirmed. Plaintiff, a homeowner, attempted a mortgage loan modification with Defendant, but when Plaintiff fell behind in payments, Defendant foreclosed. Plaintiff sued for negligence. The trial court sustained Defendant’s demurrer on the grounds that no tort duty is owed on contracts. The appeals court held that a lender does not owe a borrower a duty to offer, consider, or approve a loan modification.




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Kelly v. Honeywell Int’l, Inc.

(United States Second Circuit) - Affirmed. Collective bargaining agreement contains unambiguous language vesting welfare benefits and there is a sufficiently serious question as to whether retirees were entitled to lifetime medical coverage. District court’s grant of summary judgement in favor of union retirees is affirmed.




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Brown v. Maxwell; Dershowitz v. Giuffre

(United States Second Circuit) - Vacate and order the unsealing of summary judgment record and remand. Intervenors, Dershowitz and the Miami Herald, appeal from an order denying motion to unseal filings in a defamation suit stemming from a suit brought as a result of the conviction of Jeffrey Epstein. Appeals court held the district court failed to conduct appropriate review when it ordered records sealed. Appeals court ordered the unsealing of summary judgment materials as there was no privacy interest sufficient to justify continued sealing. The remaining documents require additional review by the district court applying appropriate standards.




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People v. Powell

(Court of Appeals of New York) - Conviction for first-degree murder and other crimes is affirmed. The Court held that New York's standard for admitting evidence of third-party culpability, articulated in People v. Primo, 96 N.Y.2d 351 (2001), is consistent with Holmes v. South Carolina, 547 U.S. 319 (2006) and does not infringe on a defendant's constitutional right to present a complete defense.



  • Criminal Law & Procedure

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Moore v. Wells Fargo Bank, N.A.

(California Court of Appeal) - Reversed judgment and reinstated jury verdict in favor of Plaintiff. The trial court granted Defendant, Wells Fargo’s motions including a motion for judgment notwithstanding the jury verdict that found Wells Fargo committed fraud in a Home Affordable Mortgage Program case. The appeals court reversed the rulings and the judgment that it found in favor of Wells Fargo and remanded for further proceedings consistent with appeals court ruling.




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WellPoint, Inc. v. Comm'r of Internal Revenue

(United States Seventh Circuit) - Judgment of the Tax Court that plaintiff could not deduct from its taxable income either the amount it paid to the states or the legal expenses that it had incurred in the litigation, involving the acquisition of Blue Cross Blue Shield insurance companies, is affirmed as, under the application of the "origin of the claim" doctrine, costs incurred in defending the lawsuit were capital expenditures and so could not be deducted as ordinary and necessary business expenses.




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Moore v. Wells Fargo Bank, N.A.

(California Court of Appeal) - Reversed judgment and reinstated jury verdict in favor of Plaintiff. The trial court granted Defendant, Wells Fargo’s motions including a motion for judgment notwithstanding the jury verdict that found Wells Fargo committed fraud in a Home Affordable Mortgage Program case. The appeals court reversed the rulings and the judgment that it found in favor of Wells Fargo and remanded for further proceedings consistent with appeals court ruling.




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The Farewell Connection

Saying good-bye, in music by Haydn, Beethoven, Chopin, Wagner, Prokofiev, and more




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Manning v. Caldwell

(United States Fourth Circuit) - Rejected a constitutional challenge to Virginia's interdiction statute, under which a person can be civilly designated a habitual drunkard and subject to restrictions on using or possessing alcohol. Four homeless people suffering from alcoholism who each had been prosecuted at least eleven times for violating their interdiction orders challenged the statute's constitutionality under the Eighth Amendment's prohibition on criminalizing status, and the Fourteenth Amendment's guarantee of Due Process and Equal Protection. Affirming dismissal of their putative class action, the Fourth Circuit held that they failed to state a claim.





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Kelly v. Honeywell Int’l, Inc.

(United States Second Circuit) - Affirmed. Collective bargaining agreement contains unambiguous language vesting welfare benefits and there is a sufficiently serious question as to whether retirees were entitled to lifetime medical coverage. District court’s grant of summary judgement in favor of union retirees is affirmed.




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Foley v. Wells Fargo Bank, N.A.

(United States First Circuit) - Affirmed summary judgment against a homeowner's claim that Wells Fargo Bank breached the terms of a federal Truth-in-Lending Act class action settlement. The homeowner claimed that the bank was contractually obligated under the settlement to modify his mortgage contract to help him stave off default. However, the First Circuit held that the homeowner did not qualify for the relief provided in the settlement, agreeing with the district court.



  • Consumer Protection Law
  • Property Law & Real Estate
  • Banking Law

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Extra Voices: Clifton Powell



Clifton Powell discusses the crumbling of his marriage.




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Extra Voices: Clifton Powell, Pt.2



Clifton Powell talks about how he got into acting.




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United Wellness Offering Virtual Classes

United Wellness is offering free virtual classes tomorrow [April 25] to help people sheltering at home during the Covid-19 pandemic to exercise. A spokesperson said, “A group of local instructors of Zumba and Strong Nation have joined forces to share their passion for fitness and movement with our community in Bermuda and around the world. […]

(Click to read the full article)




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Football: Nahki Wells Scores For Bristol City

[Updated with video] Bermuda’s Nahki Wells scored for his Bristol City team as they played to a 1-1 draw against Fulham today [March 7]. Wells scored in the 70th minute of the match to give his team the 1-0 lead, however Fulham equalized in the 84th minute, and with neither team scoring for the remainder of […]

(Click to read the full article)




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Sky Sports: Nahki Wells Most Goals In 2020

According to Sky Sports, Bermuda’s Nahki Wells – along with Ollie Watkins and Said Benrahma — has scored the most goals in the Sky Bet Championship League so far in 2020, with 7 goals each. Wells, who was named the Sky Bet Championship Player of the Month for January, was signed by Bristol City earlier this […]

(Click to read the full article)




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FLW Highlights Nahki Wells In ‘Greats’ Series

With football suspended around the world, Football League World has been posting some recaps and reviews, and recently featured Bermuda’s Nahki Wells in its ‘FLW Greats’ series, looking back at his time in Bradford City a few years ago. The FLW website said, “It’s unlikely that few Bradford City fans would argue that the 2012-2013 […]

(Click to read the full article)




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Video: Wells Trains With Burnley Football Club

Following his return to Burnley after the club recalled him from his loan to Queens Park Rangers [QPR], Bermudian footballer Nahki Wells was filmed taking part in the club’s training, with the club posting the video on YouTube today. A statement from Burnley following the recall said, “Nahki Wells has returned to Turf Moor after […]

(Click to read the full article)




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Family Centre Encourages Emotional Well-Being

Family Centre has provided an update on actions it is taking to support vulnerable families and children during the ongoing Covid-19 pandemic, with a focus on emotional well-being via its ‘FC 5C Challenge.’ A spokesperson said, “As the impact of the Covid-19 pandemic take its toll on family life and the well-being of children, it […]

(Click to read the full article)




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4.3 Million Social Reach For Nahki Wells Mentions

Over the past week Bermudians have been keenly following and discussing the transfer news as it relates to Nahki Wells, and we were far from the only ones, with a social media analytics service indicating that mentions of the footballer had a social media reach of some 4.3 million, spanning nations across the globe. This number […]

(Click to read the full article)




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Wells: ‘Bermuda Will Always Be Home For Me’

Bermudian footballer Nahki Wells recently took over the Bristol City Football Club Twitter account in order to answer questions from fans, with the striker noting that Bermuda “will always be home for me.” In answering a question about Bermuda, Wells said, “I think the last time I was in Bermuda was October or November for […]

(Click to read the full article)




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Premier Wishes Troika Well With Latest Play

The Premier and Minister of National Security Michael Dunkley today [Aug 27] extended his support and well wishes to Troika Bermuda in advance of their upcoming production of Beauty and the Beast, which kicks off tomorrow evening [Aug 28]. Troika’s modern take on the Academy-Award winning animated classic will include all of the songs written […]

(Click to read the full article)




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Coldwell Banker Mid-Summer Market Update

Coldwell Banker Bermuda Realty provided their 2019 Mid-Summer Market update, saying that “in-house analysis indicates between January and April of this year, 111 properties had price reductions island wide” and there has been an increase in the  number of cash buyers. A spokesperson said, “‘What’s the market like?’ The summer provides us with numerous opportunities to […]

(Click to read the full article)




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Coldwell Banker Real Estate Market Update

Coldwell Banker Bermuda Realty has released their annual update, saying that “the year 2019 was challenging to navigate.” A spokesperson said, “The year 2019 was challenging to navigate and certainly difficult to make predictions even after compiling and interpreting our quarterly sales transactional data. “Although the early part of 2019 suggested that market performance was […]

(Click to read the full article)




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Fiqre Crockwell Murder Investigation Continues

The Bermuda Police Service [BPS] is renewing the appeal for witnesses to come forward regarding the murder of Fiqre Crockwell, who was fatally shot in Pembroke on June 20, 2016. A police spokesperson said, “The Bermuda Police Service [BPS] is renewing the appeal for witnesses to come forward regarding the murder of Fiqre Crockwell, who […]

(Click to read the full article)




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BFRS Extinguish Fire At Mid Atlantic Wellness

The Bermuda Fire & Rescue Service [BFRS] extinguished a fire at the Mid Atlantic Wellness Institute. A BFRS spokesperson said, “At 9:52am, fire dispatch received a call reporting a fire at the Mid Atlantic Wellness Institute. BFRS responded with 3 appliances out of the Hamilton Station. “On arrival, fire crews found a Sterno which had […]

(Click to read the full article)




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Wellness Wednesday: Alcohol Consumption Spikes In Ohio Amid Coronavirus Quarantine

Ohioans bought 1.36 million gallons of liquor in March, a nearly 25 percent increase over the same period last year. More of us are leaning on alcohol to beat quarantine doldrums and stress, but experts warn that extended overindulging could make it harder to put down the bottle when the lockdown is lifted.




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Wellness Wednesday: Dental Care During Coronavirus

Gov. Mike DeWine included dental offices in the first round of businesses that could reopen on May 1. The Centers for Disease Control and Prevention, the American Dental Association, and the Centers for Medicare and Medicaid Services have all issued warnings that non-emergency dental procedures should wait for now.




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Review of The Blackwell Legacy (Windows)

A review by piltdown_man (179399). A good story, well told




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IBM Award to Victoria University of Wellington Supports the Murchison Widefield Array Pathfinder Project for SKA

(NYSE: IBM) will strengthen Australia and New Zealand’s chances of co-hosting the world’s biggest radio telescope project (SKA), one of the largest scientific projects ever undertaken. The IBM SUR Award of IBM high performance Graphical Processor Unit (GPU) based computer hardware, management software and implementation services, will enable Victoria University to support the Murchison Widefield Array (MWA) project, a low frequency SKA pathfinder project hosted in Australia in collaboration with Curtin University, MIT, the Smithsonian Institute, and the Raman Research Institute.




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2019-2020 Novel Coronavirus outbreak: mathematics of epidemics, and what it can and cannot tell us (Nicolas Jewell)

At the most recent MSRI board of trustees meeting on Mar 7 (conducted online, naturally), Nicolas Jewell (a Professor of Biostatistics and Statistics at Berkeley, also affiliated with the Berkeley School of Public Health and the London School of Health and Tropical Disease), gave a presentation on the current coronavirus epidemic entitled “2019-2020 Novel Coronavirus […]




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First Wargame, well, kind of.


 The little chap enjoyed his game with my old Britain’s figures, so I thought I would get him his own.  A big bucket of soldiers from Amazon was just the ticket!
I chose the Americans and He chose everything else, including all my heavy weapons. He loved them!

















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Well, There's Your Problem

Submitter Denene's mechanic took this photo.




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It’s time to take firefighter health and wellness to the next level

  During the session Promoting A Culture Of Safety And Fitness To Prevent Cancer, Heart Disease, and Injuries in Boston Firefighters at NFPA’s Conference & Expo (C&E), Dr. Michael Hamrock, a former firefighter and medical




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Well done Malaysian pilots and crew.

CHONG Ja Jie's heart was racing as the hot-air balloon steadily rose into the heavens, taking the 11-year-old higher up than she had ever been in her life.


ADVENTURE: Children with Attention Deficit Hyperactivity Disorder being lifted into the hot-air balloon basket for the ride of their lives.

"It was my first trip ever off the ground. I was flying with the birds and so close to touching the sky," said the Attention Deficit Hyperactivity Disorder patient.

"At first, I was afraid but as the balloon began to lift off, I waved at my teachers down below while holding on firmly to the basket with my left hand.

"Once I was high above, I felt so free and light," said Ja Jie, one of the 30 special children from Happy Land Special Education Centre in Taman Johor Jaya.

"It was an great experience and I hope I get to do it again."
The balloon ride was part of the family day and fun fair at the launch of commercial lots at Seri Austin by UM Land Berhad recently.

More than 1,500 people showed up at the launch which saw the property developer bringing in professional hot-air balloon pilots who represented Malaysia in the recent Balloon Fiesta in Pattaya, Thailand.

The carnival was also packed with family-oriented activities such as a treasure hunt, manicure, foot massage, magic tricks and entertainment by a band.

UM Land Berhad Subsidiaries general manager Mohd Noor Abdul Talam, who launched the festivities, presented gifts, prizes and freebies to winners of the games and winners of the Seri Alam and Seri Austin "Spin and Win" winners.

The gifts included a 29-inch television set which was won by a 12-year-old boy who emerged champion in the treasure hunt.

"The carnival is in line with Seri Austin's slogan 'Simply Better' and is a gesture of appreciation to our loyal and prospective customers in conjunction with the New Year," Mohd Noor said.




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Well-known volunteers recover after balloon crash

THE Warrnambool husband and wife who were burnt in a freak hot air balloon accident yesterday are well-known community volunteers.
Stuart Prince, 65, and his wife, Heather Martin-Trigg, 51, were taking part in an early-morning joy flight when the terrifying incident occurred north of Bendigo.

It is believed the flight was a birthday present which had been postponed from earlier this year due to hazardous weather conditions.

Mr Prince, who suffered serious burns to his right arm and lower extremities, was in a stable condition in The Alfred hospital yesterday after being transported from the scene by helicopter.

Ms Martin-Trigg was taken by road ambulance to the Bendigo hospital and also transferred to The Alfred in a stable condition yesterday afternoon.

The couple are both life members of 3WAY-FM where Mr Prince is a founding member and presenter and Ms Martin-Trigg is the committee treasurer. She is also vice-president of the Friends of the Warrnambool Art Gallery.

They own and operate Henna Street Picture Framers and Ms Martin-Trigg also works with the Vision Radio Network.

The balloon, operated by the Goldrush Ballooning company, was on a regular flight from Bendigo with eight passengers ? two from Warrnambool, two from Rochester and four from Melbourne.

It was under the control of a Bendigo man who has 12 years experience as a pilot.

http://www.standard.net.au/news/local/news/general/wellknown-volunteers-recover-after-balloon-crash/1653659.aspx?storypage=1




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Home not Housing. Engaging with wellbeing outcomes

Home not Housing was one of five Scottish Universities Insight Institute programmes on Wellbeing. A set of ideas workshops explored the concept of ‘home’ from the perspectives of various academic disciplines – housing, planning, social work, healthcare – in order to develop a common vocabulary that will better inform policies relating to house-building, home-working, home-care and general place liveability. This blog records the discussions and findings of the workshops.




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Resilience and wellbeing in people living with dementia in relation to perceived attitudes in their communities

This is a paper produced as part of the PROP2 (Practitioner Research: Outcomes and Partnership) programme, a partnership between the Centre for Research on Families and Relationships (CRFR) at the University of Edinburgh and Iriss that was about health and social care in Scotland. This paper was written by Geraldine Ditta from Alzheimer Scotland who participated in the PROP2 programme. People living with dementia are at risk of becoming socially isolated and disconnected from their local communities. Reactions from others on being told someone has dementia can have a significant impact on the person with dementia’s sense of self. This study sought to explore the perceptions of people with dementia in relation to attitudes within their communities and how they subsequently respond. Semi-structured interviews were carried out to examine how they feel about their lives with dementia.





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#62: Get Well John




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People Powered Health and Wellbeing launch survey - The ALLIANCE | The ALLIANCE



People Powered Health and Wellbeing (PPHW) are asking people to share their experiences of co-production in their survey.





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Men’s Sheds offer alternative avenue for improving health and wellbeing


Men’s Sheds health initiatives increase men’s confidence, self-worth and sense of wellbeing by providing an environment for men that is appealing, safe and socially acceptable, new research by a Leeds Beckett University academic has...




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Include and empower: an international conference on improving the rights and wellbeing of disabled children and young people

When: Thu Dec 3, 2015 to Fri Dec 4, 2015 

Where: Edinburgh, Edinburgh, UK
Event Status: confirmed
Event Description: Aimed at delegates from across Europe, this conference offers an opportunity to share the successes and challenges of recent developments across Europe, and to explore the creation of inclusive services for all children and young people as part of our shared vision of how they can fulfil their potential. For further information, please visit the event website



  • http://schemas.google.com/g/2005#event

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Ah, Well, Nevertheless

Recovery summer, bitches.





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Not Giving Up on Happiness: Care of the Self and Well-Being in a Plague Year

The specter of plague haunts our world, and it brings with it not only the ghouls of disease and death but vast economic and social uncertainty of a sort only the most elderly among us remembers (the Great Depression and World War II). My father is 90 and when I called him a child of […]




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Episode 568 - Get well, Mikel

A short bonus podcast with James and Andrew Allen, reacting to the news that dropped last night about Mikel Arteta being diagnosed with Coronavirus, and the fact that the entire playing squad and dozens of staff at the club are now in self-isolation. We also touch on the suspension of the Premier League and football in England until April 4th at the earliest, and wonder what we're going to podcast and blog about for the next month!


Follow Andrew @aallensport and James @gunnerblog

 

See acast.com/privacy for privacy and opt-out information.




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Farewell Arcadia

Farewell Arcadia Day 57 Wednesday 8th April 2020 Today well be anchoring out at Tenerife.When we opened the curtains we were still sailing but by breakfast time we were anchored. Looks like a nice day but only forecast abou




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Derbyshire 94 Chesterfield the day did not start wella skip in the pouring rainrunning out of things to say and do

It was not the aching feet that were stopping me in my tracks . To be fair they were burning . This walking plays havoc with the arches of your feet . It was not my brain working overtime thinking of reasons not to go out . Although it would have been easy