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Untitled (https://www.propublica.org/article/how-profit-and-incompetence-delayed-n95-masks-while-people-died-at-the-va)

If this lede doesn't get you, I don't know what will. @davidmcswane's latest:




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'What are we doing this for?': Doctors are fed up with conspiracies ravaging ERs

"I left work and I felt so deflated," one doctor said about an effort to counter misinformation he saw on Facebook. "I let it get to me."Breaking News EmailsGet breaking news alerts and special reports. The news and stories that matter, delivered weekday mornings.




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What Happened to Val Kilmer? He’s Just Starting to Figure It Out. - The New York Times

By now I understood that the story I was telling about Val Kilmer, which I’d thought had been about a man’s relentless faith and optimism, was really about reconciliation: the squaring of two opposing things into something we swear is true despite all evidence to the contrary. Your beauty can sentence you to misery; Val Kilmer uses a tracheostomy tube, but he can talk; his brother is dead but only to our senses. Mark Twain despised Mary Baker Eddy, until you can will him into a dream where he doesn’t. God is good, and there are no ventilators. My beautiful friend has cancer, and the treatment exists, but it’s unavailable to her right now.




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Beekeeper Studio | Free SQL editor and database manager for MySQL, Postgres, SQLite, and SQL Server. Available for Windows, Mac, and Linux.




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1loc | Favorite JavaScript single line of code




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Winners of Family Pass to Disney on Ice presents Magical Ice Festival

Frozen fans can rejoice. Disney On Ice presents Magical Ice Festival which opens in Australia in June for the first time and will feature characters from the hit movie Frozen. The 2016 ice spectacular will also present the enchanting adventures of Disney’s The Little Mermaid, Tangled and Beauty and the Beast, presented by popular hosts Mickey Mouse, Minnie Mouse, Donald Duck and Goofy.




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Texas Advanced Optoelectronic Solutions, Inc. v. Renesas Electronics America, Inc.

(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.




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Horvath v. US

(United States Federal Circuit) - Reversed the dismissal of overtime compensation claims brought by a special agent of the U.S. Secret Service. In a class action complaint, the plaintiff special agent argued that Office of Personnel Management regulations improperly required that certain overtime hours be worked consecutively in order to trigger compensation. Agreeing with his position, the Federal Circuit held that the challenged OPM regulations were contrary to the unambiguous meaning of the relevant statute. The panel thus reversed in relevant part and remanded.




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Interval Licensing LLC v. AOL, Inc.

(United States Federal Circuit) - Affirmed that certain computer-related patent claims were not directed to patent-eligible subject matter. In this patent infringement case, the Federal Circuit agreed with the district court that the patent claims at issue failed under the abstract idea exception, because the claims lacked any arguable technical advance over conventional computer and network technology. The patent claims here related to a way to display two sets of information, in a non-overlapping way, on a display screen.




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Advantek Marketing, Inc. v. Shanghai Walk-Long Tools Co., Ltd.

(United States Federal Circuit) - Reinstated a patent infringement claim relating to a design for a portable animal kennel. The patent owner insisted it should not be estopped by prosecution history from asserting its infringement claim against a competitor. Agreeing that estoppel did not apply, the Federal Circuit reversed the district court's judgment on the pleadings and remanded for further proceedings.




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Sigvaris, Inc. v. US

(United States Federal Circuit) - Affirmed a judgment of the US Court of International Trade (ITC) which had found that the certain merchandise involving compression hosiery was not duty free. On appeal, the Federal Circuit held that the analysis of the ITC was incorrect, but the correct result was ultimately reached.




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Young talent motivated by Matildas

FOUR years ago, Olivia Mitchell joined her first soccer team. Now the 12 year old is set to represent NSW in the national primary schools competition.




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Clubs allowed up to 5 substitutes, VAR can be scrapped




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US v. Valdes-Ayala

(United States First Circuit) - Affirmed the fraud-related convictions of a man who falsely promised to provide professional legal assistance to individuals who were behind on their court-ordered child support payments. On appeal, the defendant made several claims of trial and sentencing error. The First Circuit affirmed his convictions and the order of restitution but remanded for resentencing using the proper version of the Guidelines Manual.



  • Criminal Law & Procedure
  • Sentencing
  • White Collar Crime

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Advantek Marketing, Inc. v. Shanghai Walk-Long Tools Co., Ltd.

(United States Federal Circuit) - Reinstated a patent infringement claim relating to a design for a portable animal kennel. The patent owner insisted it should not be estopped by prosecution history from asserting its infringement claim against a competitor. Agreeing that estoppel did not apply, the Federal Circuit reversed the district court's judgment on the pleadings and remanded for further proceedings.




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Cobbler Nevada, LLC v. Gonzales

(United States Ninth Circuit) - Affirmed the dismissal of a copyright infringement action brought against an individual who allegedly downloaded and distributed (i.e., pirated) a movie through peer-to-peer BitTorrent networks. The individual argued that he was not liable for infringement even if the infringing Internet Protocol (IP) address was his, because multiple individuals could connect via his IP address. Agreeing with him and noting that he operated an adult foster care home, the Ninth Circuit held that the complaint failed to state a claim of either direct or contributory infringement.




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Helsinn Healthcare S.A. v. Teva Pharmaceuticals USA, Inc.

(United States Supreme Court) - Held that an inventor's sale of an invention to a third party who is obligated to keep the invention confidential can qualify as prior art for purposes of determining the patentability of the invention. The dispute here involved two pharmaceutical companies that disagreed about whether a certain drug was under patent; one of the companies wanted to market a generic version of it. Justice Thomas delivered the unanimous opinion.




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Gold Value International Textile Inc. v. Sanctuary Clothing, LLC

(United States Ninth Circuit) - Held that a clothing manufacturer could not proceed with a copyright infringement lawsuit against a competitor that allegedly copied a fabric design because the copyright registration was invalid due to knowingly inaccurate paperwork. Affirmed summary judgment for the defendants.




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Blue Bombers stun Roughriders, advance to 1st Grey Cup since 2011




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Djokovic opposes idea of mandatory vaccination once play resumes




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Federal Grievance Committee v. Williams

(United States Second Circuit) - The district court's order reciprocally suspending defendant-attorney from the practice of law before that court based on an order of the Connecticut Superior Court, is affirmed, where: 1) defendant received adequate notice of the charges; 2) defendant's other due process challenges to the state court proceedings are either meritless or, at most, concern harmless error; and 3) defendant also has not shown, by clear and convincing evidence, that there was a "substantial infirmity in the proof" supporting the state court disciplinary order.




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Peters v. Committee on Grievances

(United States Second Circuit) - Judgment of the Committee on Grievances suspending petitioner-attorney from practicing law in the Southern District of New York for a period of seven years is affirmed, where: 1) there is no error in the committee's conclusion that petitioner violation the New York Code of Professional Responsibility; 2) the Committee acted well within its informed discretion in ordering a seven-year suspension, notwithstanding the lack of directly analogous precedent, based on its conclusion that petitioner's conduct was sui generis.



  • Ethics & Disciplinary Code
  • Ethics & Professional Responsibility
  • Sanctions

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Fisher v. Committee on Grievances, S.D.N.Y.

(United States Second Circuit) - The order of the Committee on Grievances for the United States District Court for the Southern District of New York, directing that the subject attorney's name be stricken from the roll of attorneys admitted to practice in its court is affirmed, where: 1) the record supports a determination that the attorney knowingly withdrew client funds without permission or authority and used said funds for his own personal purposes; and 2) disbarment was within the range of appropriate punishments.



  • Ethics & Disciplinary Code
  • Ethics & Professional Responsibility
  • Sanctions

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ClearValue, Inc. v. Pearl River Polymers, Inc.

(United States Federal Circuit) - In a suit involving claims of indirect patent infringement and misappropriation of a trade secret: 1) the district court's denial of the defendant's motions for judgment as a matter of law of invalidity and noninfringement is reversed, where the jury lacked substantial evidence to find that another patent did not anticipate the claim; and 2) the district court's grant of judgment as a matter of law to the defendant on the plaintiff's trade secret claim is affirmed, where another patent publicly disclosed the alleged secret before the plaintiff communicated it to the defendant, and thus the jury's verdict of trade secret misappropriation was not supported by substantial evidence.




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Khavarian Enterprises v. Commline

(California Court of Appeal) - Trial court's orders denying plaintiff's motion for attorney fees and costs and granting the motion to strike its cost memorandum in favor of defendants are reversed and remanded, where parties to a settlement agreement can validly specify that one party is potentially a prevailing party and reserve for later determination by the trial court whether that party did prevail, as well as other factual matters involved in making an award of statutory attorney fees.




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Texas Advanced Optoelectronic Solutions v. Renesas Electronics America

(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.




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Texas Advanced Optoelectronic Solutions, Inc. v. Renesas Electronics America, Inc.

(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.




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Valentine v. Plum Healthcare Group, LLC.

(California Court of Appeal) - Affirmed order denying petition to compel arbitration. Plaintiffs attempted to enforce arbitration in an action for elder abuse and wrongful death at a skilled nursing facility. The trial court determined that the successor in interest was bound by the agreement to arbitrate, but the children of the decedent were not so bound. The trial court denied the petition to arbitrate to prevent inconsistent findings if both arbitration and litigation proceeded concurrently. The appeals court agreed.



  • Injury & Tort Law
  • Dispute Resolution & Arbitration
  • Elder Law

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Kiobel v. Cravath, Swain & Moore, LLP

(United States Second Circuit) - Reversed an order which had allowed the plaintiff to subpoena documents from a U.S. law firm for use in litigation against Royal Dutch Shell in the Netherlands. The appeals court held that Shell's American counsel should not be compelled to deliver documents that would not be discoverable abroad and that were in counsel's hands solely because they were sent to the U.S. for the purpose of American litigation. The appeals court further determined that the district court abused its discretion under 28 U.S.C. section 1782 when it permitted the plaintiff to subpoena the documents.




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Sigvaris, Inc. v. US

(United States Federal Circuit) - Affirmed a judgment of the US Court of International Trade (ITC) which had found that the certain merchandise involving compression hosiery was not duty free. On appeal, the Federal Circuit held that the analysis of the ITC was incorrect, but the correct result was ultimately reached.




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CHEVALIER v. GENERAL NUTRITION CENTERS INC

(PA Supreme Court) - No. 22 WAP 2018 No. 23 WAP 2018




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Valls v. Allstate Insurance Co.

(United States Second Circuit) - Held that homeowners were not insured for their home's allegedly defective concrete foundation. The gradual deterioration of their still‐standing basement walls did not constitute a covered "collapse" under their homeowner's insurance policy. Affirmed a dismissal.




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Varlen Corp. v. Liberty Mutual Insurance Co.

(United States Seventh Circuit) - Held that an insurance company did not have to indemnify an insured for the cost of cleaning up groundwater contamination at its industrial sites. Affirmed summary judgment in favor of the insurer, in this case involving the policy's pollution exclusion clause.




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Evanston Insurance Co. v. William Kramer and Associates, LLC

(United States Second Circuit) - Held that an insurance company may not proceed with a negligence lawsuit against an adjuster for allegedly botching a claim for hurricane damage. The lawsuit was not filed within the statute of limitations.




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PHL Variable Ins. Co. v. Town of Oyster Bay

(United States Second Circuit) - Affirmed. Trial court dismissed Plaintiff’s complaint for failure to state a claim on the grounds that the claimed agreement entered into with Defendant had not be approved by the Defendant’s governing board as required by New York Town Law, hence there was no valid and enforceable contract.




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Galvan v. Dameron Hospital Assn.

(California Court of Appeal) - Reversed and remanded to enter summary adjudication for Plaintiff as to her retaliation claim and punitive damages, but denied discrimination and harassment claims.




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Valtierra v. Medtronic Inc.

(United States Ninth Circuit) - Affirmed. The panel held that even if Plaintiff’s obesity were an impairment under the ADA, or he suffered from a disabling knee condition, he could not show a causal relationship between these impairments and his termination. Summary judgement in favor of the defendant affirmed.



  • Labor & Employment Law

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Electronic Privacy Information Center v. IRS

(United States DC Circuit) - Affirmed the dismissal of a nonprofit organization's lawsuit seeking President Donald Trump's income tax records. Held that no one can use a Freedom of Information Act request to demand to inspect another's tax records. The case involved a FOIA request filed by the Electronic Privacy Information Center shortly after the 2016 election.




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Advanced Building and Fabrication Inc. v. Ayers

(United States Ninth Circuit) - Held that an employee of the California State Board of Equalization violated clearly established law by participating in law enforcement's execution of a search warrant at the business premises of a man with whom he had a recent altercation. Affirmed the denial of his motion seeking qualified immunity in this lawsuit alleging civil rights and tort claims.




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National Association for the Advancement of Multijurisdictional Practice v. Lynch

(United States Fourth Circuit) - In a challenge to the conditions placed on the privilege of admission to the Bar of the United States District Court for the District of Maryland in Local Rule 701, the District Court's grant of the Government's motion to dismiss is affirmed where Rule 701 violates neither the Constitution nor federal law.



  • Ethics & Professional Responsibility
  • Judges & Judiciary

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Bundy v. U.S. District Court for the District of Nevada

(United States Ninth Circuit) - In a petition for a writ of mandamus to force the district court to admit an attorney it had previously denied admission pro hac vice in the high-profile criminal trial of Cliven Bundy, the District Court's denial is affirmed where it did not abuse its discretion, as there are a litany of reasons for denying the attorney's pro hac vice status.



  • Ethics & Professional Responsibility
  • Judges & Judiciary

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Tucker Ellis v. Evan Nelson

(California Court of Appeal) - In a writ proceeding to determine whether attorney work conduct privilege attaches to documents created by an attorney employee during their employment with an employer law firm, the lower court's judgment is vacated where the privilege attaches to the firm, rather than the employee.




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Antelope Valley Groundwater Cases

(California Court of Appeal) - Affirmed the denial of a motion to disqualify another party's counsel in longstanding litigation over groundwater rights. Stressed the movant's long delay in seeking disqualification, in this case where counsel allegedly had a conflict of interest.



  • Water Law
  • Ethics & Professional Responsibility

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ValueRock TN Prop. v. PK II Larwin Square

(California Court of Appeal) - Affirmed order denying anti-SLAPP motion. Plaintiffs sought to assign leasehold interest in shopping center. Defendant refused to consent to assignment. Plaintiff brought suit alleging Defendant improperly withheld assignment. Defendant brought an anti-SLAPP motion which the trial court denied because the assignment request was not a settlement communication or litigation-related conduct.




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New York State Department of Environmental Conservation v. Federal Energy Regulatory Commission

(United States Second Circuit) - Denying a petition for review by the New York State Department of Environmental Conservation seeking to vacate two orders of the Federal Energy Regulatory Commission authorizing a company to construct a natural gas pipeline in New York and determining that the Department waived its authority to provide a water quality certification for the pipeline project under Section 401 of the Clean Water Act.




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Thacker v. Tennessee Valley Authority

(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.




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Apex Frozen Foods Private LTD. v. US

(United States Federal Circuit) - Affirming the Court of International Trade's affirmation of the US Department of Commerce's findings following a review of the antidumping duty order on certain frozen warmwater shrimp from India.




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Sigvaris, Inc. v. US

(United States Federal Circuit) - Affirmed a judgment of the US Court of International Trade (ITC) which had found that the certain merchandise involving compression hosiery was not duty free. On appeal, the Federal Circuit held that the analysis of the ITC was incorrect, but the correct result was ultimately reached.




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THE SCOTT FETZER CO. v. HOUSE OF VACUUMS, INC.

(United States Fifth Circuit) - In a trademark infringement case, summary judgment was granted to defendant as no reasonable jury could conclude that defendant misappropriated plaintiff's mark in any way, and the district court did not abuse its discretion in denying defendant's request for attorneys' fees.




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In re Slokevage

(United States Federal Circuit) - A decision of the United States Patent and Trademark Office sustaining a refusal of an examiner to register a trade dress mark for clothing is affirmed where substantial evidence supported a finding that the trade dress was product design and that the trade dress was not unitary.