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Fidelity and Deposit Co. v. Edward E. Gillen Co.

(United States Seventh Circuit) - Held that a construction company's surety (an insurance company) may not augment its contractual indemnification rights with the ancient doctrine of quia timet -- equitable protection from probable future harm. The construction company allegedly had gone belly up on a government project. Affirmed summary judgment against the surety's claim.




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Chaidez v. Ford Motor Company

(United States Seventh Circuit) - Vacated and remanded. The district court dismissal of a suit for failure to exhaust remedies was vacated because the claims of discrimination had been exhausted before the Equal Employment Opportunity Commission.




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Schoenefeld v. Schneiderman

(United States Second Circuit) - In a challenge to a N.Y. Judiciary Law section 470, which requires nonresident attorneys to maintain an 'office for the transaction of law business' within New York State in order to practice law in that state's courts, the District Court's judgment declaring section 470 unconstitutional under the Privileges and Immunities Clause, is reversed where the law does not violate the Privileges and Immunities Clause because it was enacted not for a protectionist purpose to favor New York resident attorneys but, rather, to provide a means whereby nonresidents could establish a physical presence in the state akin to that of residents, thereby resolving a service concern while allowing nonresidents to practice law in the state's courts.




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Webb v. City of Riverside

(California Court of Appeal) - Affirming the dismissal of a verified petition for writ of mandate complaining about a city's transfer of additional revenue from electric utility reserve fund accounts into the general fund without approval from the electorate because the action was subject to the 120 day statute of limitations of the Public Utilities Code and was not a tax increase.




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Stemcor USA Inc. v. Cia Siderurgica do Para Cosipar

(United States Fifth Circuit) - On rehearing of a dispute between two creditors, held that Louisiana's non-resident attachment statute allows for attachment in aid of arbitration. Further held that subject matter jurisdiction existed here under the Convention on the Recognition and Enforcement of Foreign Arbitral Awards. Vacated and remanded.




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E.S.S. Entm't 2000, Inc. v. Rock Star Videos, Inc.

(United States Ninth Circuit) - In an action brought by the operator of a strip club in Los Angeles against the producer of a video game in the "Grand Theft Auto" series claiming, inter alia, that the game's depiction of a strip club called the "Pig Pen" infringed its trademark and trade dress associated with the "Play Pen", summary judgment for defendant-game producer is affirmed where: 1) modification of plaintiff's trademark was not explicitly misleading and was thus protected by the First Amendment; and 2) the First Amendment defense applies equally to plaintiff's state law claims as to its Lanham Act claim.




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OTR Wheel Engineering, Inc. v. West Worldwide Services, Inc.

(United States Ninth Circuit) - Affirmed a judgment of liability under the Lanham Act for reverse passing off. At trial, a jury found that a manufacturer of industrial tires had arranged to obtain a competing manufacturer's tires with the labels removed and used the tires to solicit business from one of the competitor's customers. The Ninth Circuit affirmed a judgment that these actions violated the Lanham Act, which prohibits conduct that would confuse consumers as to the origin, sponsorship, or approval of goods or services. The panel's opinion also addressed other issues including trade dress validity.




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Luminara Worldwide, LLC v. IANCU

(United States Federal Circuit) - Vacated in part and affirmed in part. Plaintiff owns patents for making flameless candles. The Patent Trial and Appeal Board held that certain claims by plaintiff were unpatentable and some claims were time barred. The Federal Circuit vacated the time barred decision as to one of the claims and affirmed the Board’s decision as to the other claims.




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Quidel Corporation v. Super. Ct

(California Court of Appeal) - Granted writ of mandate and directed trial court to vacate order granting summary adjudication motion. The appeals court held that the trial court’s per se application of Business and Professions Code section 16600 to the contract in question was incorrect.




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Willhide-Michiulis v. Mammoth Mountain Ski Area LLC

(California Court of Appeal) - Affirmed that a ski area was not liable for injuries that a snowboarder suffered when she collided with a snowcat and snow-grooming tiller. The snowboarder, who was seriously hurt, argued that the ski resort was grossly negligent and thus liable for her injuries despite the liability waiver she had signed as part of her season-pass agreement. However, the Third Appellate District concluded that the operation of snow-grooming equipment on a snow run is an inherent risk of snowboarding and that there was no gross negligence, affirming summary judgment against her claims.




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Westsiders Opposed to Overdevelopment v. City of Los Angeles (Philena Properties, L.P.)

(California Court of Appeal) - Held that the City of Los Angeles did not act unlawfully when it amended its General Plan to change the land use designation of a five-acre development site from light industrial to general commercial. Affirmed the denial of a neighborhood organization's petition for writ of mandate.




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McCorkle Eastside Neighborhood Group v. City of St. Helena

(California Court of Appeal) - Held that citizen groups lacked a valid basis to challenge a city council's decision to approve the construction of an eight-unit multifamily residential building. Affirmed denial of a writ petition, in a case involving compliance with the California Environmental Quality Act.




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Fidelity and Deposit Co. v. Edward E. Gillen Co.

(United States Seventh Circuit) - Held that a construction company's surety (an insurance company) may not augment its contractual indemnification rights with the ancient doctrine of quia timet -- equitable protection from probable future harm. The construction company allegedly had gone belly up on a government project. Affirmed summary judgment against the surety's claim.




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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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Stock Market Spam - Our Opening Bell Breakout Pick Is Inside (IRMGF)

IRMGF (Inspiration Mining Corporation) pump and dump stock spam




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Folkens v. Wyland Worldwide, LLC

(United States Ninth Circuit) - Affirming the district court's summary judgment to the defense in a Copyright Act infringement case centered on a pen and ink depiction of two dolphins whose creator claimed a painting of two dolphins was copied because the panel found that the idea was simply drawn from nature and that expressing ideas that nature has already expressed for all cannot result in copyright.




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Experian Information Solutions v. Nationwide Marketing Ser.

(United States Ninth Circuit) - Affirmed in part and reversed in part the summary judgment in favor of defendant in a copyright case. Plaintiff compiled a listing of individual consumer names with their addresses and sought copyright protection. The District Court found in favor of the defendant and against the copyright claims. The 9th Circuit held that the compilation of names and addresses is copyrightable, but plaintiff had failed to establish that its copyright had been infringed. Affirmed as to the infringement claim for the defendant, but reversed as to the state law trade secret claim.




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More Ozzy TV- Arctic Monkeys 'Four Out Of Five' Video, Muse Concert Film Preview, Cliff Burton Documentary, Sevendust, Free Volbeat Show and more

More Ozzy TV- Arctic Monkeys 'Four Out Of Five' Video, Muse Concert Film Preview, Cliff Burton Documentary, Sevendust, Free Volbeat Show and more




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Alamo Recycling v. Anheuser Busch Inbev Worldwide

(California Court of Appeal) - In a suit brought by operators of recycling centers where beverage containers sold in California may be redeemed for their California Redemption Value, against companies that sell or distribute beverages containers in California, contending that defendants knowingly and "falsely" label beverage containers sold both inside and outside California with "CA CRV," "California Redemption Value," or similar labels when, in fact, under California law, only containers purchased inside California may be redeemed in California, and alleging common law tort claims against defendants for fraud, negligent misrepresentation, strict products liability, interference with prospective economic advantage and business relations, and breach of express warranty, the trial court's judgment of dismissal is affirmed where the injunctive and compensatory relief plaintiffs seek cannot be awarded by a California court because it would violate the "dormant" commerce clause of the federal Constitution.




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Fidelity National Financial, Inc. v. Friedman

(United States Ninth Circuit) - Reversed and remanded. The district court’s order vacating a registered judgement is reversed, holding that a court need not have personal jurisdiction over a judgment debtor in order to “merely register” a previously obtained judgment.




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Chaidez v. Ford Motor Company

(United States Seventh Circuit) - Vacated and remanded. The district court dismissal of a suit for failure to exhaust remedies was vacated because the claims of discrimination had been exhausted before the Equal Employment Opportunity Commission.




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Stephanie Ryann Releases Her Official Music Video For "Whiskey Regret"

Rising Country Artist, Stephanie Ryann, Has Released Her First Music Video For The Song "Whiskey Regret" Off Of Her Debut, Self-titled EP To Commemorate The Anniversary Of Its Release Last October




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01100110 Releases Debut EP “Seaside Hollows” And Launches Record Label “Elektroakustische Tanzmusik.”

The Techno Artist And DJ Known As 01100110 Has Released His Latest EP Album, “Seaside Hollows” On His New Record Label “Elektroakustische Tanzmusik.”




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10x populair: videobellen via Zoom, purpose tijdens pandemie & SEO-teksten

Welke whiteboard-tools kun je online gebruiken, hoe kun je veilig videobellen via Zoom, en wat is de beste bedrijfsstrategie tijdens de coronacrisis? Dit – en meer – zijn de best gelezen artikelen op Frankwatching in de maand april. 1. Zoom & privacy: zo kun je veilig videobellen [how to] Zoom stond de afgelopen weken vol […]




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De YouTube Video Builder: korte, professionele video’s in 5 stappen

Met de huidige omstandigheden verandert de manier waarop we communiceren met klanten. Video gaat steeds meer een rol spelen. Google speelt hier goed op in en komt met de YouTube Video Builder. Hierdoor wordt het voor ieder midden- en kleinbedrijf mogelijk om zonder kennis van videobewerking of dure videoproductie aan de slag te gaan. Scheelt […]




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Alyssa Milano Promotes Debunked Jimmy Kimmel Video Maligning Mike Pence: 'F*ck the GOP and This Administration'

Actress and left-wing activist Alyssa Milano has promoted a deceptively edited video about Vice President Mike Pence that was created by late-night talk show host Jimmy Kimmel -- even though the video has been debunked and Kimmel has publicly apologized for it.




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Trump Campaign Slams California's Vote-by-Mail Order: 'Wide-Open Opportunity for Fraud'  

President Donald Trump's re-election campaign blasted California Gov. Gavin Newsom's (D-CA) executive order allowing registered voters in the state to vote by mail in the November election, calling it a "thinly-veiled political tactic" aimed at undermining election security. 




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Hungary: 'Yes to Protecting Women, No to Gender Ideology, Illegal Migration'

Hungary's parliament has passed a declaration against signing the Istanbul Convention on preventing and combating violence against women because it smuggles in provisions declaring gender a "social construct" and allowing "gender-based asylum claims".




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Cotton: Chinese Government Made a 'Conscious Decision' to Allow Coronavirus to Get Outside Its Borders

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.




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French Singer Ned Has Released The Video For Her Single 'Give Me More'

The Video Was Released On April 25th




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Clyde P Drops Tech House Workout 'Side GF'

Parisian Producer Clyde P Makes His Return To Static Music




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Romero v. Provide Commerce, Inc.

(United States Ninth Circuit) - Vacated an award of attorney fees but otherwise affirmed the district court's approval of a class action settlement resolving claims that an online retailer enrolled consumers in a membership rewards program without their consent and mishandled their billing information. Held that the district court should not have counted the full face value of $20 coupons provided to class members when it performed the percentage-of-recovery and lodestar calculations.




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Tobias Bermudez Chavez, et al. v. Occidental Chemical Corp.

(United States Second Circuit) - Questions on appeal concern cross-jurisdictional tolling of a class action. Because the appeal presents state law questions that New York’s courts have yet to address, the court certifies the case to the New York Court of Appeals.




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Fidelity and Deposit Co. v. Edward E. Gillen Co.

(United States Seventh Circuit) - Held that a construction company's surety (an insurance company) may not augment its contractual indemnification rights with the ancient doctrine of quia timet -- equitable protection from probable future harm. The construction company allegedly had gone belly up on a government project. Affirmed summary judgment against the surety's claim.




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Quidel Corporation v. Super. Ct

(California Court of Appeal) - Granted writ of mandate and directed trial court to vacate order granting summary adjudication motion. The appeals court held that the trial court’s per se application of Business and Professions Code section 16600 to the contract in question was incorrect.




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Video: May 8th Bernews Morning Newsflash

118 confirmed Covid-19 cases in Bermuda, Swizzle South Shore to close down permanently, House of Assembly in session today, Colonial to...




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BFRS Offer Video Remote Building Inspection

With the Covid-19 pandemic preventing in-person inspections, the Bermuda Fire and Rescue Service [BFRS] is currently providing a Remote Video...




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Video: Dr Weldon On Bermuda’s Covid-19 Testing

Dr. Carika Weldon attended the Government press briefing held on Wednesday [May 6] in order to provide a scientific overview of Bermuda’s...




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Police Investigating Credit Card Fraud Incidents

The Bermuda Police Service’s Financial Crime Unit is investigating credit card fraud, with at least three establishments reporting that goods...




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Video: Appeal To Locate Chavelle Dillon-Burgess

The Bermuda Police Service continues to seek the public’s help in locating 26-year-old Chavelle Dillon-Burgess, which was last seen over the...




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30 Minute Video: May 8 ZBM Evening News

With an aim to expand the way they deliver their news to the community, the Bermuda Broadcasting Company is continuing to live stream their evening...




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Video: May 9th Bernews Morning Newsflash

Man shot in Warwick, 118 confirmed Covid-19 cases in Bermuda with five care homes now affected, Minister Curtis Dickinson updates on Covid-19...




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Essent Reports Q1 Results & Declares Dividend

Essent Group Ltd. reported net income for the quarter ended March 31, 2020 of $149.5 million or $1.52 per diluted share, compared to $127.7 million...




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Joe Clegg Launches The You’re So Hybrid Video Series

Everything You Need To Know About Electronic Drums For Live Performances




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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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Stephanie Ryann Releases Her Official Music Video For "Whiskey Regret"

Rising Country Artist, Stephanie Ryann, Has Released Her First Music Video For The Song "Whiskey Regret" Off Of Her Debut, Self-titled EP To Commemorate The Anniversary Of Its Release Last October




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CLOE WILDER RELEASES HEART-STOPPING MUSIC VIDEO FOR NEW SINGLE, “Save Me.”

Cloe Wilder Releases The Music Video For Her New Single.




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CapChat: Round Up Of Presidential Candidates In Nevada; California As The 'State Of Resistance'

Democratic presidential candidates Massachusetts U.S. Sen. Elizabeth Warren and Former Vice President Joe Biden held dueling rallies in Reno and Carson City Wednesday night. California U.S. Sen. Kamala Harris is due in Nevada today.

In a conversation yesterday with CapRadio’s Capitol Bureau Chief Ben Adler, host Beth Ruyak talked about recent changes in California poll rankings of the top candidates: Warren, Biden, Harris and U.S. Sen. Bernie Sanders.  These trends are mirrored in national poll trends, with Warren surging and Harris falling behind.

In the “State of Resistance” currently known as California, Gov. Gavin Newsom and Attorney General Xavier Becerra are keeping up the pressure, filing lawsuits against the Trump administration. With the end of the legislative session, Ben and Beth also talked about stylistic differences between Newsom and former Gov. Jerry Brown. Newsom is focused in many areas at the same time, including the battle with the federal government. Brown was focused on a smaller number of concurrent issues.

And, finally, we discuss the state of the Republican party in California.




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Presidential Candidate Visits To CA And NV And The Individual Mandate

With the Nevada caucuses in February and California now a Super Tuesday state, the visits of presidential candidates are increasing in frequency. Just yesterday, former New York City Mayor Michael Bloomberg was in Stockton and San Francisco. Bloomberg’s San Francisco appearance was with former California Gov. Jerry Brown.

CapRadio’s Scott Rodd spoke with Bloomberg in Stockton, and CapRadio’s Bert Johnson had an interview with Warren in Reno. They fill us in on the visits and what the candidates had to say.

We’ll also explore California’s individual mandate for health insurance coverage with CapRadio’s Health Care Reporter Sammy Caiola.