ted

Trikona Advisers Limited v. Chugh

(United States Second Circuit) - In a complaint alleging breach of fiduciary duty by defendant, a former partner and fifty percent owner of plaintiff corporation, the district court's grant of summary judgment to defendants is affirmed over plaintiff's meritless arguments that: 1) the district court incorrectly applied the doctrine of collateral estoppel; and 2) Chapter 15 of the United States Bankruptcy Code prevents the district court from giving preclusive effect to the Cayman court's factual findings.




ted

Trikona Advisers Limited v. Chugh

(California Court of Appeal) - In a complaint alleging breach of fiduciary duty by defendant, a former partner and fifty percent owner of plaintiff corporation, the district court's grant of summary judgment to defendants is affirmed over plaintiff's meritless arguments that: 1) the district court incorrectly applied the doctrine of collateral estoppel; and 2) Chapter 15 of the United States Bankruptcy Code prevents the district court from giving preclusive effect to the Cayman court's factual findings.




ted

In re Boon Global Limited

(United States Ninth Circuit) - Addressed whether Hong Kong- and Vietnam-based companies could be forced into arbitration in a software development dispute. The issue involved whether nonsignatories may be bound by an arbitration agreement. Denied the companies' request for a writ of mandamus.




ted

League of United Latin American Citizens v. Edwards Aquifer Authority

(United States Fifth Circuit) - Affirmed. A conservation and reclamation district regulating groundwater was not subject to the one person, one vote principle of the Equal Protection Clause because they are a special purpose unit of the government. Its apportionment scheme had a rational basis.




ted

Doe v. United States Youth Soccer

(California Court of Appeal) - In a suit for negligence and willful misconduct against soccer league defendants, arising out of the sexual abuse of plaintiff by her former soccer coach, the trial court's judgment sustaining defendants' demurrers to the fourth amended complaint on the ground that they had no duty to protect plaintiff from criminal conduct by a third party and dismissing the defendants is reversed where defendants had a duty to conduct criminal background checks of all adults who would have contact with children involved in their programs.




ted

North American Soccer League, LLC v. United States Soccer Federation, Inc.

(United States Second Circuit) - Affirming the denial of the North American Soccer League's motion for preliminary injunction seeking Division II designation pending the resolution of its antitrust case against the United States Soccer Federation because they had failed to demonstrate a clear likelihood of success on the merits of their claim.




ted

US ex rel. Vaughn v. United Biologics LLC

(United States Fifth Circuit) - Affirmed the voluntary dismissal of a qui tam action that a group of physicians brought against a company operating allergy treatment clinics. Over the company's objection, the physicians sought to voluntarily dismiss their lawsuit with prejudice as to themselves only, so that their decision to quit would not hamstring the government's efforts against the company elsewhere. The district court granted the dismissal motion, and the Fifth Circuit affirmed.




ted

Winsted v. Berryhill

(United States Seventh Circuit) - Held that the Social Security Administration did not adequately explain why it denied a man's application for disability insurance benefits and supplemental security income. The issue had to do with residual function capacity. Reversed the district court's judgment and remanded to the federal agency.




ted

Winsted v. Berryhill

(United States Seventh Circuit) - In an amended opinion, held that the Social Security Administration did not adequately explain why it denied a man's application for disability insurance benefits and supplemental security income. The issue had to do with residual function capacity. Reversed the district court's judgment and remanded to the federal agency.




ted

SARS Phishing Scam - SARS eFiling Payment Adjudicated

The shortest phishing scam e-mail ever!




ted

Super Loan Spam - C_PLUS_PLUS_GENIUS, You are PRE-SELECTED for a Super Loan up to R150,000! - Super-Loan.co.za

Super-Loan.co.za are super spammers and when you go to their website you will find that it is super useless, i.e. it only shows the Microsoft IIS7 status page. Super professional.




ted

United Keetoowah Band of Cherokee Indians in Oklahoma v. FCC

(United States DC Circuit) - Granted in part. In a petition to review an order loosening regulations to allow microcell transmission towers supporting cell phone reception to be built on or near Native American cultural sites, the FCC's determination that it wasn't in the public interest to review small cell deployment was arbitrary and capricious.




ted

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.




ted

Equitable Res., Inc. v. United Steel, Paper & Forestry, Rubber, Mfg., etc.

(United States Sixth Circuit) - In a company's suit under section 301 of the Labor Management Relations Act (LMRA) to vacate or modify the arbitration award against it, district court's grant of summary judgment in favor of the union is affirmed where: 1) the arbitrator did not exceed his authority by interpreting the CBA in a way that allowed the company to be found liable for a breach; 2) the arbitrator did not exceed the scope of his authority to decide a representational issue in this case because the arbitrator's successor decision was permissible in furtherance of his interpretation of the CBA; 3) the award's remedy does not violate public policy; and 4) the arbitrator did not dispense his own brand of industrial justice.




ted

NAF Holdings, LLC v. Li & Fund (Trading) Limited

(United States Second Circuit) - In a dispute arising out of a merger, and in light of Delaware Supreme Court's answer to a certified question that plaintiff was not required to bring its breach of contract claim as a derivative action, the district court's grant of summary judgment in favor defendant is vacated where plaintiff is not barred from pursuing its claim directly.




ted

League of United Latin American Citizens v. Edwards Aquifer Authority

(United States Fifth Circuit) - Affirmed. A conservation and reclamation district regulating groundwater was not subject to the one person, one vote principle of the Equal Protection Clause because they are a special purpose unit of the government. Its apportionment scheme had a rational basis.




ted

United Food and Commercial Workers Unions v. Novartis Pharmaceutical Corp.

(United States First Circuit) - Affirmed the dismissal of two putative antitrust class actions alleging that a pharmaceutical company took steps to block the entry of generic versions of its leukemia-treatment drug into the U.S. market. The plaintiffs, including several labor union benefit funds, claimed that the drugmaker engaged in anticompetitive conduct by bringing sham infringement lawsuits against manufacturers trying to enter the market with generic versions of that drug. Dismissing the complaints, the district court held that the plaintiffs had not plausibly alleged their claims, and the First Circuit affirmed.



  • Antitrust & Trade Regulation
  • Health Law
  • Drugs & Biotech


ted

Exclusive--Ken Cuccinelli: 8-in-10 Border Crossers Deported in 2 Hours During Coronavirus

Acting Department of Homeland Security (DHS) Deputy Secretary Ken Cuccinelli says border crossers are being almost immediately returned to Mexico after their crossing into the United States. 




ted

Ousted BARDA 'Whistleblower' Rick Bright: I Am Not Disgruntled -- 'I Am Frustrated at a Lack of Leadership'

Rick Bright, the former head of the Biomedical Advanced Research and Development Authority (BARDA), proclaimed by some in the media to be a "whistleblower" against the Trump administration, told CBS News that he was not a disgruntled employee.




ted

Despite Reported Under-Counts, Mexico Surpasses 3,100 Coronavirus Fatalities

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





ted

UK's Debut Album To Be Released On Limited Edition 180 Gram Vinyl

It Will Be Released On April 21st, And Available Exclusively To Record Store Day Participating Retailers Worldwide.




ted

Atlantic Screen Music Marks 10th Year Anniversary By Acquiring Redfive Creative, A Noted, UK-Based Music Supervision & Sync Company

ASM Completes Its 150th Film Score And Retains Jonathan Firstenberg As North American Rep




ted

Franchise Tax Bd. Limited Liability Corp. Tax Refund Cases

(California Court of Appeal) - Reversed the denial of class certification in a case involving tax refund claims filed by limited liability companies (LLCs) which sought refunds of a levy they had paid pursuant to a California tax statute that was later determined to be unconstitutional. When the district court denied the LLCs' motion for class certification on multiple grounds including predominance and superiority, they appealed. Agreeing with the LLCs that this case was suitable for treatment on a classwide basis, the First Appellate District reversed and remanded for certification of a class or classes consistent with its opinion.




ted

Alt Rock Band Last Kiss Goodnight To Release Much-Anticipated Debut Album Immortal After Immediate Success At Radio

The Critically-Acclaimed Group Netted The #4 Most Added Spot On The Billboard Mainstream Indicator Chart & Was The #1 Most Added On The Foundations Chart Week




ted

Internationally Syndicated Radio Show And European Academy Of Country Music Announce Year End Chart

"Whiskey And Cigarettes" Country Radio Show, In Association With The European Academy Of Country Music (EACM) Has Announced Their Top 30 Of 2018 Year-end Chart. The Show Is Syndicated On More Than 25




ted

Corrugated Iron Gets Commercial Radio Airplay!

Corrugated Iron Get Triple M Commercial Radio Airplay!




ted

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.




ted

Limited Ferry Service To Resume On Monday

Starting Monday, May 11th, the ferry service “will resume under a reduced operating schedule with limited passenger capacity.” A...




ted

Henderson v. United Student Aid Funds, Inc.

(United States Ninth Circuit) - Revived a consumer's claim that a nonprofit corporation involved in student loans was vicariously liable for violation of the Telephone Consumer Protection Act, because it had ratified student loan debt collectors' illegal calling practices. Reversed a summary judgment ruling.




ted

True or False: 90% of Babies with Down Syndrome are Aborted

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 ...

Continue reading...




ted

Has Mindfulness Supplanted Thoughtfulness?

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, ...

Continue reading...




ted

Alt Rock Band Last Kiss Goodnight To Release Much-Anticipated Debut Album Immortal After Immediate Success At Radio

The Critically-Acclaimed Group Netted The #4 Most Added Spot On The Billboard Mainstream Indicator Chart & Was The #1 Most Added On The Foundations Chart Week




ted

JIRGA Original Motion Picture Soundtrack By AJ True Nominated “Best Music” In The Film Critics Circle Of Australia Awards

The JIRGA Score Was Nominated ‘Best Music’ In The Film Critics Circle Of Australia Awards (FCCA).




ted

Bay Area Reggae/Latin Powerhouse BAYONICS Sets Worldwide Release Of Their Highly Anticipated New Album RESILIENCE

BAYONICS Will Release Their New Album RESILIENCE In Stores And Online August 2, 2019.




ted

In re Boon Global Limited

(United States Ninth Circuit) - Addressed whether Hong Kong- and Vietnam-based companies could be forced into arbitration in a software development dispute. The issue involved whether nonsignatories may be bound by an arbitration agreement. Denied the companies' request for a writ of mandamus.




ted

New Video About The Making Of Magma's New Album “Zëss” On Limited Edition Gold Colored Vinyl

Limited Edition Of 1500 Numbered Copies On 180 Gram Audiophile Gold Colored Vinyl




ted

Big Daddy Kane And Lifted Crew

October 12. NYC. Rockwood Music Hall.




ted

UNITED STATES v. VAELLO MADERO

(US 1st Circuit) - No. 19-1390




ted

Motorhead Day Celebrated With New 'Ace Of Spades' Lyric Video

Motorhead are debuting a lyric video for their 1980 classic, 'Ace Of Spades', as part of the first annual 'Motorhead Day' celebrations




ted

Briony Turner And Alec Boateng Promoted To Co-Heads Of A&R, Atlantic Records UK

Turner And Boateng Will Oversee The Atlantic A&R Team, Joint Projects, As Well As Maintaining Their Own Artist Rosters




ted

GRAMMY®-Nominated Night Street / Interscope Records Artist K.Flay Hosts First-Ever Microcast Designed For Smart Speakers, “what Am I Doing Here”

A First Of Its Kind For The Music Industry, Listeners Can Access The Show By Asking Amazon’s Alexa To “Open K.Flay Show” Or By Asking Google Home To “Talk To K.Flay Show.”




ted

HEWITT v. HELIX ENERGY SOLUTIONS GROUP INCORPORATED

(US 5th Circuit) - No. 19-20023




ted

Alt Rock Band Last Kiss Goodnight To Release Much-Anticipated Debut Album Immortal After Immediate Success At Radio

The Critically-Acclaimed Group Netted The #4 Most Added Spot On The Billboard Mainstream Indicator Chart & Was The #1 Most Added On The Foundations Chart Week




ted

SHPAMEE Project Updated

The SHPAMEE Project has been updated with new examples. For those who haven't noticed yet, we have a separate feed for updates to this project: http://feeds.feedburner.com/shpamee




ted

A SOPHISTICATED JUXTAPOSITION OF JOY, MELANCHOLY, AND MYSTERY INFUSE SINGER/SONGWRITER/GUITARIST JANA HERZEN’S THIRD ALBUM, ‘NOTHING BUT LOVE’ ; Out 1.17.20 On Motéma Music

Collection Of Folk, Pop, World And Jazz Originals Tells A Tale Of Love In Many Guises;




ted

Charlotte Figi, 13-year-old Coloradan who inspired CBD reform, dies after family suspects she contracted coronavirus

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.




ted

Baltimore 80s Tribute Band The New Romance Invited Back To China To Perform Exclusive Business Gala

Renowned Group Returns As The Headliner For The British Business Association Of Macau Annual Ball, Which Benefits A Local Scholarship Fund