(United States Seventh Circuit) - Affirmed. A lawsuit relating to who should pay for the cleanup of a contaminated site was dismissed because the limitations period had expired by the time the plaintiff filed suit.

(United States Fifth Circuit) - Affirmed. The district court properly dismissed a suit brought by a man whose state court award in a Takings Clause suit against state officials was unsatisfying to him. The State was entitled to sovereign immunity.

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

(United States DC Circuit) - Petition for review denied. The EPA did not act contrary to the Resource Conservation and Recovery Act in adopting a Transfer-Based Exclusion because hazardous materials are not necessarily "discarded" when they are transferred from a generator to a reclaimer along with payment. The policy was not arbitrary or capricious.

Aberdeen-based Chris Burke Will Release 12 Singles With Exclusive Distributor AWAL. A Summer 2020 European Tour Is Being Planned.

(United States Third Circuit) - In a consumer protection class action, alleging that various defendants' prescription eye drop medications come with a bottle dropper tip that dispenses too much medication in one drop, thereby wasting medication and causing plaintiffs undue economic hardship, the district court's dismissal is reversed where plaintiffs have alleged sufficient injury in fact to confer Article III standing under to bring their various state law claims.

(United States Federal Circuit) - In a patent infringement action, the district court's judgment for plaintiff Bayer is reversed where it clearly erred in determining that a skilled artisan would not have been motivated to create an oral disintegrating tablet version of an erectile dysfunction drug using specified sugar alcohols with the tablet formulated for immediate-release.

(United States Federal Circuit) - Affirming the district court's rulings in the case of a patent infringement claim relating to cardiovascular drugs where the court held that the plaintiff had proven that the defense's sale of proposed generic drugs with their proposed labels would induce physicians to infringe, and holding that none of the patents were invalid for obviousness.

(United States Second Circuit) - Affirming a district court decision holding that a putative class action suit that organic labeled baby formula included ingredients not permitted under the Organic Foods Production Act because their state law claims were preempted by the Act.

(California Court of Appeal) - Granting a petition for writ of mandate in a case where a group of pharmaceutical companies had been sued by the District Attorney under California's Unfair Competition Law for allegations that they had engaged in a scheme to keep generic versions of a prescription drug off the market, but the suit was based on conduct outside of the county where the DA served and allowing them to proceed with the suit without written consent would permit the DA to usurp the Attorney General's statewide authority and impermissibly bind other DAs, precluding them from pursuing their own relief.

(United States First Circuit) - Affirmed the dismissal of a consumer complaint alleging that manufacturers of prescription eye drops deliberately designed their bottles to emit unnecessarily large drops in a ploy to force patients to waste the expensive medication and thus buy more of it. Moving to dismiss on preemption grounds, the manufacturers contended that the Food and Drug Administration would have to approve any modification of the medication's bottle. Agreeing, the First Circuit held that FDA regulations preempted the plaintiffs' state law claims seeking to force a change in the bottle design.

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

Van gemeenten wordt anno 2020 verwacht dat zij inwoners betrekken bij participatietrajecten, zijzelf dienen vooral een faciliterende rol op zich te nemen. Maar hoe maak je als gemeente hierin de juiste keuzes: organiseer je een fysieke bewonersbijeenkomst of kies je voor een online raadpleging? Uit het onlangs gepubliceerde onderzoek ‘Staat van Betrokkenheid 2020’ van onderzoeks- […]

NASHVILLE, Tenn. (AP) — Little Richard, the self-proclaimed “architect of rock ‘n’ roll” whose piercing wail, pounding piano and towering pompadour irrevocably altered popular music while introducing black R&B to white America, has died Saturday. He was 87.

Mexican health officials admitted to surpassing 3,100 COVID-19 related-deaths as cases continue to rise nationwide. The reports come despite repeated accusations of the government downplaying the true scope of the coronavirus pandemic

(United States First Circuit) - Reversed and remanded in a case involving the enforcement of arbitration clauses in online contracts. Plaintiffs filed suit against defendant alleging violations of Massachusetts consumer-protection statute. Defendant operates a ride-sharing service requiring customers to register using the Uber App. In the app is a page that has a button that will take you to Terms and Conditions, which a user is not required to accept and which contains an agreement to arbitrate any dispute. The district court granted defendant's motion to compel arbitration and dismissed the complaint. In reversing and remanding the First Circuit held that the terms of the agreement were not reasonably communicated to plaintiffs.

(United States DC Circuit) - Reversed and Remanded. The district court improperly dismissed a lawsuit in which a woman's credit card number and expiration date were printed on a receipt for lack of standing. The risk of identity theft was sufficient injury to support standing.

The Music Artist Known As Donna Cristy Has Released Her Latest Single, “Lies Wit My Shake.”

(California Court of Appeal) - Revived a film producer's claim that he had an enforceable oral contract entitling him to an executive-producer credit for a film that was a sequel to a film he had developed. Held that the trial court erred in analyzing a statute-of-frauds issue. Reversed a dismissal in relevant part.

(United States Ninth Circuit) - Affirmed. Defendant had a right to compel arbitration, but elected to proceed with a judicial forum. However, during the litigation process, Defendant changed its mind and filed a motion to compel arbitration. The district court held that Defendant had waived its right to compel arbitration.

(United States Fifth Circuit) - Affirmed. A subcontractor did not owe a duty to indemnify a company for its expenditures in labor and materials in a construction project.

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. 

By Ezra David Romero

By Bert Johnson

By Bob Moffitt

(United States Fifth Circuit) - Reversed an order compelling arbitration of a consumer's claims. The consumer contended that the defendant technology company had waived its right to arbitration by substantially invoking the judicial process, in this putative class action.

(United States DC Circuit) - Reversed and Remanded. The district court improperly dismissed a lawsuit in which a woman's credit card number and expiration date were printed on a receipt for lack of standing. The risk of identity theft was sufficient injury to support standing.

A new study demonstrates the role of culture in welcoming children with Down syndrome.

For years, I have read news headlines in Christian and secular outlets, from conservatives and liberals alike, stating that “90% of babies with Down syndrome are aborted.” As I have argued before, and as a new study demonstrates, it’s just not true. Correcting this common misconception matters both in providing accurate information to pregnant women and in normalizing the experience of receiving a child with Down syndrome.

Last week, the American Journal of Medical Geneticspublished a study about the birth rates of babies with Down syndrome in the United States. The study estimates live births of babies with Down syndrome from 1900-2010, with a focus upon the effect of prenatal screening programs within the United States on the population of babies with Down syndrome. After factoring in the expected number of live births, miscarriages, and stillbirths, it then posits a “reduction rate.” This reduction rate demonstrates the number of babies with Down syndrome that are not born as a result of selective abortion.

To be specific, in 2006-2010 theses researchers estimate around 5,300 babies were born with Down syndrome annually. During this same time period, approximately 3,100 babies with Down syndrome were selectively aborted each year. Around 800 of those aborted babies would have died before birth, so without selective abortion, the researchers estimate there would be around 7,600 live births with Down syndrome. The reduction rate of babies with Down syndrome in the United States in 2010 was around 30 percent. In other words, without selective abortion, the number of babies born with Down syndrome in recent years would have been about 30 percent higher than it actually has been.

So why ...

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(United States Ninth Circuit) - Affirmed. Defendant had a right to compel arbitration, but elected to proceed with a judicial forum. However, during the litigation process, Defendant changed its mind and filed a motion to compel arbitration. The district court held that Defendant had waived its right to compel arbitration.

Nathalie Dalizien Has An Upcoming Film Series That She Produced With Motivation 509 And The Series Will Be Released In All Online Major Stores Soon.

New Concert Series To Debut In Westfield, Massachusetts - Tickets On Sale This Friday September 27th At 10 AM

Registration Now Open For All Access Fest In Oct. 2019 The Nation’s Only Music Career Expo For Youth

The conversation around testing and when to reopen continues; we check in with the Solano County. Questions about filing for unemployment get some needed answers, and how children’s parties are still happening online.

Halestorm have announced the launch of their #ROADIESTRONG support campaign

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On Monday, Denver dispensaries saw their biggest sales day of the year so far, according to data firm Flowhub. Sales were up 140% compared to an average Monday, the company reported.

As the coronavirus pandemic disrupts daily life and commerce in Colorado, many in the state’s marijuana industry believe it makes the case for allowing dispensaries to begin delivering to customers' homes now.

Charlotte Figi, the young Colorado Springs girl whose battle with Dravet syndrome inspired changes to medical marijuana laws, has died. She was 13 years old.

Stoners can still light up online.