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Revision Military, Inc. v. Balboa Mfg. Co.

(United States Federal Circuit) - In a suit for infringement of patents directed to a design for protective goggles used by military establishments, law enforcement agencies, hunters and shooters, district court's denial of plaintiff's request for a preliminary injunction is vacated and remanded where the district court erred in applying the Second Circuit's heightened standard of proof of likelihood of success on the merits, instead of the Federal Circuit standard for consideration of whether to impose such relief.




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Evans v. Building Materials Corp. of Am.

(United States Federal Circuit) - In a complaint alleging design-patent infringement under federal law as well as trade-dress infringement and unfair competition under federal and state law, the district court's denial of defendant's motion to stay the action pending arbitration based on the parties' agreement's arbitration provision, is affirmed where defendant's assertion that the arbitration provision covers the claims stated in the complaint is 'wholly groundless,' a standard that defendant accepts as applicable in this case.




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Trustees of Boston University v. Everlight Electronics Co., Ltd.

(United States Federal Circuit) - Held that a patent claim relating to light-emitting diodes was invalid because it did not meet the enablement requirement. After a jury found that the defendants had infringed Boston University's patent, the defendants appealed on the ground that the patent was invalid because it did not adequately teach the public how to make and use the invention. Agreeing with this argument, the Federal Circuit held that the defendants were entitled to judgment as a matter of law.




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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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US v. Evans

(United States Seventh Circuit) - Affirmed. The district court did not violate the confrontation clause when it prevented defendants in an armed robbery prosecution from cross examining government witnesses about the specific prison terms they avoided through their cooperation with the government.




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Evans v. Griffin

(United States Seventh Circuit) - Reversed and remanded. A prisoner suing under the 8th Amendment for the prison's failure to treat his nasal polyps claimed he didn't receive notice of a deposition until after he was called out of his cell to meet with one of the defendants in the suit. He refused to answer questions and said he was feeling ill. The lower court dismissed with prejudice as sanctions, but the court of appeals determined that although this is sometimes a proper sanction the lower court had acted too quickly.




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Coventry Health Care of Mo., Inc. v. Nevils

(United States Supreme Court) - In an insurance class action arising in the context of the Federal Employees Health Benefits Act of 1959 (FEHBA) authorization of the Office of Personnel Management (OPM) to contract with private carriers for federal employees' health insurance, 5 U.S.C. section 8902(a) and (d), the Missouri Supreme Court's decision, preventing federal employee insurance carries from seeking subrogation and reimbursement if there is a conflicting state law, is reversed where, because contractual subrogation and reimbursement prescriptions plainly 'relate to . . . payments with respect to benefits,' section 8902(m)(1), they override state laws barring subrogation and reimbursement.




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Alliance for Open Society International, Inc. v. US Agency for International Development

(United States Second Circuit) - Held that the U.S. government could not constitutionally deny funding to fight HIV/AIDS abroad based on a foreign organization's failure to adopt a policy explicitly opposing prostitution and sex trafficking. Affirmed the issuance of a permanent injunction on First Amendment grounds. The government had been interpreting a related 2013 Supreme Court decision narrowly.




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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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In Re: Devan Dennis and Tyeane Halbert

(United States Seventh Circuit) - Affirmed. The Illinois Child Care Assistance Program could not collect overpayments made to debtors under the Supplemental Nutrition Assistance Program who filed for bankruptcy.




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Robles v. Employment Development Dept

(California Court of Appeal) - Affirmed in part, reversed in part, and remanded. Plaintiff sued for the wrongful denial of unemployment benefits. On appeal, Plaintiff was granted unemployment benefits. On this, Plaintiff's third appeal over this controversy, the appeals court affirmed the award of attorney’s fees, but reversed and remanded because the trial court improperly limited the scope of the fees.




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Robert Stevens v. Corelogic, Inc.

(United States Ninth Circuit) - Affirmed. In this copyright law case, the 9th Circuit affirmed the district court’s grant of summary judgment in favor of the defendant. Plaintiffs, professional photographers, alleged that defendants removed copyright information metadata from their photographs in violation of 17 USC section 1202(b)(1)-(3). Section 1202 requires defendants to have known the prohibited act would induce, enable, facilitate or conceal infringement. Plaintiffs were unable to offer evidence to satisfy this requirement.




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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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Manhattan Review, LLC v. Yun

(United States Second Circuit) - Held that the defendants were entitled to an award of attorney fees in a Copyright and Lanham Act lawsuit after they prevailed by asserting a collateral estoppel defense. Affirmed the award of fees.




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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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JL Beverage Co, LLC v. Jim Beam Brands Co.

(United States Ninth Circuit) - In an action claiming of trademark infringement, false designation of origin, and unfair competition brought under the Lanham Act and Nevada state law by a beverage company-plaintiff, which sells a competing line of flavored vodkas, the District Court's grant of summary judgment to defendant is reversed where the district court erred in: 1) failing to place the burden of proof on defendant, the moving party; 2) failing to view the evidence in the light most favorable to plaintiff; and 3) never analyzing whether a genuine dispute of material fact existed.




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Dept. of Alcoholic Bev. Control v. Alcoholic Bev. Control App. Bd.

(California Court of Appeal) - In a petition for writ of review challenging the Department of Alcoholic Beverage Control's 15-day suspension of an off-sale general license held by a CVS Pharmacy Store after an administrative law judge found the store clerk sold alcohol to a minor decoy, the Alcohol Beverage Control Appeals Board's reversal of the suspension based on California Code of Regulations, title 4, section 141 (Rule 141) that allows a law enforcement agency to use an underage decoy only in a fashion that promotes fairness, is annulled where: 1) Rule 141 is not ambiguous in requiring minor decoys to answer truthfully only questions about their ages; 2) substantial evidence supports the administrative law judge's factual finding that the decoy was not questioned about his age; and 3) Rule 141 does not provide CVS with a defense to the accusation it sold an alcoholic beverage to an underage buyer.




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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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Ginsburg v. InBev NV/SA

(United States Eighth Circuit) - In an action by beer consumers suing to enjoin the now-consummated acquisition of Anheuser-Busch Companies, Inc. by InBev NV/SA on the ground that the transaction violated Section 7 of the Clayton Act, judgment on the pleadings for defendant is affirmed where any antitrust injury plaintiffs could prove would be both speculative and localized, and the hardship and competitive disadvantage resulting from forced divestiture would be both dramatic and certain.




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Between Vintage And Electronic: Speakeasy, The New Album By Luke & The Belleville Orchestra

Lemon Slice Records Has Released Speakeasy, The New Album By Luke & The Belleville, A Masterly Integration Between The Swing Of The 1930s And The Most Modern Rhythms And Sounds Of Electronic Music.




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Spireas v. Commissioner of Internal Revenue

(United States Third Circuit) - Affirming a Tax Court determination that royalties paid on technology license agreements should be treated as ordinary income rather than as capital gains in the case of a pharmaceutical scientist raking it in on liquisolid technologies hoping to avoid paying a significant tax bill.




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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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Effectieve samenwerking? Weg met eigenbelang en wantrouwen

“Als je iemand vertrouwt, maak je hem betrouwbaar”, zei de Romeinse filosoof Seneca. Maar geldt dat nog steeds in deze snel veranderende online wereld? Kun je in tijden van alternatieve feiten en online oplichters wel uitgaan van vertrouwen? En als asociaal eigenbelang op de loer ligt? Zeker in organisaties willen we graag ‘in control’ zijn […]




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11 tips voor een productievere werkdag [infographic]

To-do-lijstjes die groter worden in plaats van kleiner, deadlines die zich opstapelen en een bomvolle agenda met afspraken. Het kan frustrerend zijn als je na een lange werkdag niet alles afgerond hebt wat je graag af wilde hebben. Zeker in deze periode waarin thuiswerken de normaalste zaak ter wereld is en alles op afstand moet. […]




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Mark Levin Celebrates Vindication of 'The Broadcast That Will Go Down in History'

Conservative radio host and litigator Mark Levin noted Thursday on The Mark Levin Show that he had been vindicated in his early suspicions that the outgoing Obama administration had staged a "silent coup" against President Donald Trump.




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Maher: Trump Turning America 'Into a Failed State' 'More Important Than Tara Reade Achieving Closure'

On Friday’s broadcast of HBO’s “Real Time,” host Bill Maher discussed the sexual assault allegations made by Tara Reade against 2020 Democratic presidential candidate former Vice President Joe Biden and stated that the matter is a he said, she said,




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Pressure Mounts on Pennsylvania Gov. Tom Wolf as Even Democrats Now Question Coronavirus Shutdown

Pressure is increasing on Gov. Tom Wolf (D) to reopen Pennsylvania, even among Democrats, as it is revealed that the vast majority of recent coronavirus deaths in the state occurred at nursing homes or personal care facilities, the Morning Call revealed this week.




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Screen Music Connect To Explore The Music Of Film, Television And Interactive Media

Tickets On Sale For New London-based Music Conference At Southbank Centre’s Purcell Room On September 24




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OUTLAW DEVILS DEBUT NEW SINGLE VIA DSN MUSIC

Southwest Hard Rock & Metal Group Releases New Single In Anticipation Of Upcoming Album.




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FilmOn.com Inc. v. DoubleVerify Inc.

(Supreme Court of California) - Interpreting the state's anti-SLAPP statute, the California Supreme Court addressed whether the commercial nature of a defendant's speech is relevant in determining whether that speech merits protection. Reversing, the high court concluded that the anti-SLAPP statute was inapplicable here to a dispute between two companies over what one said about the other's business practices.




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Bevis v. Terrace View Partners, LP

(California Court of Appeal) - Reversed most of a judgment against a mobile home park. The residents contended that the park breached their contracts and violated various laws, and a jury rendered a verdict in their favor. However, the California Court of Appeal held that the award of damages could not be sustained under any of the theories of liability presented to the jury.



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

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20/20 Communications, Inc. v. Blevins

(United States Fifth Circuit) - Remanded. The court joined sister circuits in holding that class arbitration is a "gateway" issue that must be decided by the courts rather than by arbitrators.




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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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California Threatens To Revoke Licenses Of Reopened Yuba, Sutter County Businesses

By Bob Moffitt

Dozens of people lined up to enter the Yuba Sutter Mall Wednesday morning. The mall is open again as the Yuba Sutter Marketplace, and under the authority of the local bi-county health department. 

Most of the biggest chains like Sears and JC Penney’s are closed. But locally-owned stores like Diya were open and realistic about the possibility of a rapid uptick in traffic.

“Our business usually, this is like wedding attire and stuff,” said store owner Gurjot Johl. The store advertises as purveyors of high-end Indian clothing.

“Since the churches and everything is closed, no weddings are going on. It’s gonna be a minute til everything opens up,” Johl said.

The store had been open for all of two days when the state order to close came down a month and a half ago.  

It’s reopened in defiance of California Gov. Gavin Newsom’s orders as Yuba and Sutter counties attempt to strengthen some rules while relaxing others. Still, many residents and businesses are following the new order with caution as the counties reopen sooner than the rest of the state.

The Yuba Sutter Mall in Yuba CityBob Moffitt / CapRadio

The order released last week from the Yuba and Sutter county health officer allows some businesses that had been classified as non-essential to re-open, with a face covering now being mandatory in any areas where employees or customers cannot maintain six feet of separation.

The order gives local approval for massage therapists and hair and nail salons to reopen. It also allows restaurants to offer dine-in service.  

For the first time, California’s case numbers decreased last week, although it was still the third-worst week of the pandemic. Some areas, like Tulare and Mariposa, have seen significant increases.

Newsom says Yuba and Sutter counties jumped the gun.

“They’re putting their public at risk. They’re putting our progress at risk. We’ve been clear about that. Well aware of those examples. These are exceptions. These are real exceptions. The overwhelming majority of Californians are playing by the rules, doing the right thing,” he said Tuesday.

Chuck Smith is a spokesman for the bi-county office of emergency services and says it’s not the counties' intent to go up against the state, but more masks and social distancing will minimize the health risks of reopening nonessential businesses. 

“It’s important that the business community and the people who are patronizing the businesses and people who are out follow the order as much as possible so we can go on to even the next phase of opening the community.”

Yuba-Sutter Health Officer Dr. Phuong Luu has said she was worried people would reach the point where they have to choose between medicine or food. Smith says it appears that time is now.

Under the new bi-county rules, people must wear masks in public when social distancing of six feet is unavailable. Under state rules, the mall is not essential and should still be closed.

Natasha Shelton is the mall’s general manager and says the local stores will be the primary option for at least a couple of days as national chains decide what they’re going to do.

“They’ve all taken a different approach. Some are saying that they’re waiting for the governor to lift the shelter in place order," Shelton said. "Others are saying that they want to see how the other retailers have done. Some are waiting for anchors to open.”

Footlocker and Zumiez will open Friday.

A massage space, barbershop and nail salon are all open despite warnings from their state licensing boards to remain closed. Shelton says the mall will follow bi-county health officer's orders to stay open, with mandatory social distancing or masks when that’s not possible.

The Nail Tech nail salon in Yuba CityBob Moffitt / CapRadio

Luu sent businesses throughout both counties a letter warning them to do better with wearing masks and social distancing. Otherwise they risk returning to stricter measures.

“I understand that some of your customers may strongly object to a facial covering requirement,” she wrote. “But the long-term safety of our community is at stake.”

 

Almost every store employee at the mall wore a mask, but many shoppers did not. On the first day of the mall’s reopening, Thomas Lozano and adult members of his family were there and all wore some type of face covering. The covering did not hide his disgust at what he saw.

“I was disappointed with the fact that not many customers wore masks. I thought that they would take more responsibility,” Lozano said.

While some residents were ready to return to the mall, others like Yuba City resident Susie Cauchi were shocked by the idea.

“I just finished cancer treatments,” she said. “I have to be extremely careful about contact with people.” 

Interviewed through a meeting app, she says she has no plans to eat out much less go to the mall. Besides recovering from the cancer treatments, she has an auto-immune disorder. She says there are just too many ways to make contact. 

“I don’t see how workers in a restaurant can socially distance, servers, even patrons," Cauchi said. "How do you eat with a face mask? You don’t. But also in salons you can’t. You have to be physically touching someone to be cutting their hair or performing services on their nails.”

The counties and state orders are in agreement that older people and those with weakened immune systems should stay home and that people should wear facial coverings when in public places. The state so far has only made face coverings a recommendation.

There are a few businesses that have remained open, or tried, in spite of the county orders and the state orders that are still in place. In Marysville, the Uppercut Barbershop never closed. A barber who rents a space there goes by the name Charlie Hustle. He says he will continue to cut hair despite receiving a phone call from the state telling him to stop and despite the risk.

“I am sensitive to the issue of everything going on. I know there’s a lot of people at risk. There’s a lot of people dying who shouldn’t be dying,” he said. ”But I feel like the way the media is portraying this. They’re instilling fear in a lot of people. Fear’s controlling a lot of what’s going on.”

The Uppercuts Barbershop in Yuba CityBob Moffitt / CapRadio

Uppercuts Barbershop is also open in the mall, and founder Randy Mitchell‘s daughter Maria Mitchell was cutting hair, just like the stores in Marysville, Wheatland and Rocklin have been throughout the shutdown. She was not wearing a mask.

“None of us have really worn masks,” she said. ”If they have Home Depot, Walmart and everything open, I think cutting hair is totally fine.”

Lisa Ringleberg of Olivehurst was getting her hair cut and agreed. She says neither she nor her five children wear masks in public, but they do stay away from people they don’t know. 

“I’m perfectly healthy. We were just at the doctor’s not too long ago. My daughter sees Shriners. So we’re pretty much cleared. I’ve known (Maria’s) dad since junior high,” she said.

The state and county orders say everyone should socially distance from anyone who is not living in the same home, and that roughly 20 percent of people spreading the virus don’t know they have it.

It is still the only business to be cited for failing to comply with the bi-county health order.

While the Uppercut has stayed open against orders, nail and hair salons have remained closed. Amy Myers rents a space at the Broken Bristle Salon and Spa in Yuba City. She says she has received notice from the State Board of Barbering and Cosmetology that there would be punishment if she were to resume practice. She agrees with Newsom’s stance, for some parts of the state.

“To an extent, there are places that shouldn't be opening that are, but honestly, how long are we going to sit in our house with maybe one confirmed case every two weeks,” Myers said. “It doesn’t make sense to just stay at home.”

She believes masks, social distancing and gloves can be used to keep customers and employees from possibly infecting each other. 

“Absolutely,” she said. “We wear gloves anyways except for maybe giving haircuts but that wouldn’t be an issue wearing gloves. The way I feel about it is we have more contact in Walmart than we do with a single person in our chair at the salon.” 

She receives unemployment insurance payments from the state, but says it’s not enough to feed her family.

“We’re ready to get back to work.” she said.

The massage therapist at Price Chiropractic in Yuba City has begun providing services on a limited basis. She did not respond to a request for comment. 

On the other side of Gray Avenue, Healing Massage Wellness is open, but only to sell hand sanitizer and other products made by local businesses. Nancy Vong is the owner. She says the state orders have been tough on her and her customers.

Healing Massage Wellness owner Nancy Van prepares a table inside her business, which has been closed since mid March. She says her only source of income is selling products made by local businesses.Bob Moffitt/CapRadio

“It makes me emotional because I see a lot [of] people that have mental [health issues] ... that are lonely, that are elderly, that need that connection, that human touch. Some of my clients haven’t been doing so well,” Vong said. 

She says she will be willing to give massages wearing gloves and a facial covering when the state says it’s OK, but she’s not willing to risk her license even with the bi-county order.

The California Department of Consumer Affairs said it could not make any of its six public information staffers available for an interview, but it did release a statement that says in part, “While we cannot discuss specific licensees, businesses that continue to put public health and safety at risk by not complying with the shelter in place order may be subject to disciplinary action from BBC [the state Board of Barbering and Cosmetology], if circumstances warrant it.”

Restaurant owners have had to lay off people and deliver or offer takeout or curbside pickup. That changes now under the counties’ order, but the tables by the door at Rico’s Pizza on Garden Highway in Yuba City are still stacked on top of each other and the chairs are piled high in a corner. 

Sara Saylors owns the place. Even though restaurants have lost 80-90 percent of their income and sit-down meals are now allowed, she’s not ready to unstack those chairs.

“We have a bathroom and people have to walk by all these tables. People are gonna be sitting here eating. People have to refill their drinks over here and there’s tables right here,” Saylors said. “Just trying to play it safe.”

Saylors wears a mask. Her brother Kenny says he usually does, but was not as he headed out the door with a delivery. 

At Salsa’s Fresh Mexican Food, Krystien Farias is the owner and greeter. 

“I’m being safe about it, washing my hands. I got sanitizer here. I have labels all over and I’m having social distancing,” she said.

Every other table has a sign that says “Please do not sit here.”

But she doesn’t wear a mask. “I feel very safe with the numbers (of new cases)” she said. “I’m gonna take that chance.”

The kitchen staff doesn’t wear a mask either, though Farias says they’re supposed to.The waitress does.

Customers Mark Indjer and Jay Anderson work together and were having lunch, but felt somewhat uneasy doing so. They’re both 59. Their masks rested on the table next to their meals.

Both discussed the governor’s response to the Yuba-Sutter area’s attempts to open their economies. 

“I don’t think there is a perfect answer. This is a test of sorts,” Injer said. “ No one truly knows what’s gonna happen.”

“The jury’s out. This is a pandemic It’s no joke. So we are still in the unknown area,” Anderson said. “Get back to me in November, OK? Right now, I’m being as careful as I can.”

At the Happy Viking bar and restaurant, the bar is still closed to alcohol sales inside and will stay that way if the owners want to keep their liquor license. 

The California Alcohol Beverage Control did a sweep of bars in Yuba and Sutter counties to remind them that consumption on site was prohibited. ABC says no businesses were cited.

Happy Viking Co-owner Sandy Drown told two men they could have their drinks served to them outside in to-go containers, but they couldn’t drink at the bar.

“I just wanted to let you know before you come in,” she said. The men first suggested they drink their beers in their trucks during their meals, then decided to try another bar.

Sandy and her husband Chris say they’re happy to have their dining room open, even if they must limit the number of open tables.They have taken precautions a step further.

“All employees (in the) front of house and back of house are wearing gloves and masks and properly changing their gloves,” Chris Drown said. “And we are sanitizing and sterilizing every surface as much as we can as often as possible.”

As for the county order for people to wear masks when they couldn’t be more than six feet from each other? 

“Our Sutter County sheriff told us not to police other people wearing masks,” Sandee Drown said. “We have a protocol as to what is proper. Hopefully everybody’s doing the same as we’re doing. We want to make sure we’re protecting our staff and our customers on our end.”

Of the restaurant’s 47 employees, 39 haven’t worked for a month and a half. Drown noted that Dr. Luu is an expert in infectious diseases and should be trusted to make local decisions.




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With Buy-in From Rural Counties, Nevada Starts First Phase Of Reopening Saturday

By Bert Johnson

Nevada Gov. Steve Sisolak announced the state will begin lifting COVID-19 restrictions sooner than expected, starting this weekend. 

“We will enter Phase One on Saturday May 9, before the current stay at home directive would have expired on May 15,” he said Thursday. 

This stage of Nevada’s Roadmap to Recovery allows for nonessential businesses like barbershops, salons and retail outlets to open their doors. And restaurants will be able to offer dine-in service again, too. But Sisolak explained there also will be some new requirements to make that process as safe as possible.

“Retail businesses shall limit the number of customers in their facility at any given time to no more than 50% of the allowed occupancy based on applicable firecodes,” he said. 

Restaurants will also be required to space tables six feet apart and use reservations whenever possible to help ensure social distancing.

Those stricter limits on customer density will also apply to essential businesses, like grocery stores, which didn’t have them before. Employees who work with the public will also be required to wear masks now, although customers are merely encouraged to do so.

Notably, the state’s casinos will remain closed at this point in the process. Bars that don’t serve food, movie theaters and gyms are also banned from reopening for now. 

Phase One — and every step that follows in the plan — will last at least two weeks, so officials can evaluate their impact on Nevada's outbreak.

The recovery plan was developed with input from the Local Empowerment Advisory Panel, which includes county-level elected officials tasked with seeking feedback from local leaders around the state. According to Clark County Commission chairwoman Marilyn Kirkpatrck, who represents urban communities for the panel, they wanted to avoid one-size-fits-all solutions. 

“We made sure that all of the counties had a voice in any statewide standards that we crafted,” she said. “There are different things across our state that make us unique.”

To that end, county officials are able to keep stricter standards for reopening in their jurisdictions if they think it’s necessary — but they won’t be allowed to make restrictions looser than those defined by the state. 

According to J.J. Goicoechea, who serves as Chairman of the Eureka County Commission and represents rural communities on the advisory panel, their efforts came in the nick of time. 

“We were right on the breaking point of some of these rural counties and some of these constituents just saying, ‘The hell with it, we’re gonna open. We’ve got to move forward, we can’t afford to stay closed anymore,’” he said.

In California, rural counties like Yuba and Sutter have bucked the state’s guidance and allowed non-essential businesses to reopen, prompting criticism from Gov. Gavin Newsom. Goicoechea says his efforts at communicating with his rural peers kept them invested in the process. 

Goicoechea says the plan’s flexibility is also important because the balance between public health and economic needs looks different in every community. 

“It was critical that we did have representation that these rurals felt comfortable talking to,” he said.

According to Kirkpatrick, the next step in the state’s plan to reopen was driven by public health concerns as well. 

“In Phase One we needed to be able to meet the federal criteria of the downward hospitalizations, we needed to increase the testing,” she said.

She added that Nevada is on track to be able to test 4,000 residents per day, with a target of 10,000 per day by June. Sisolak said in addition they’re expanding testing criteria, too. 

“They will all be able to get tests now if they’ve been identified as either a symptomatic or asymptomatic patient,” he said.

According to a recent NPR investigation, however, the state needs to test more than 5,000 people every day to be able to control its outbreak.




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Bevis v. Terrace View Partners, LP

(California Court of Appeal) - Reversed most of a judgment against a mobile home park. The residents contended that the park breached their contracts and violated various laws, and a jury rendered a verdict in their favor. However, the California Court of Appeal held that the award of damages could not be sustained under any of the theories of liability presented to the jury.



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

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Why this Evangelical is Grateful for the Mainline Church

Giving thanks for God’s work throughout the church universal.

I hope that if I counted myself as a member of a “liberal” denomination, I would be writing a post about my gratitude for the contributions of evangelicals to proclaiming God’s glory in the church and in the world. Instead, as an evangelical, I am here to say thank you to the Catholics and Episcopalians, to the feminist theologians and the pastors focused on social justice, to the whole host of people past and present who witness to the breadth and depth of God’s character and glory.

Here’s a bit of the backstory: I sometimes say that I am “denominationally confused.” I was baptized Episcopalian, confirmed Presbyterian, and married in the Congregational church I attended through college. Over the fifteen years of our marriage (which has included moving to four different towns), my husband and I have worshiped in an Episcopal church, a non-denominational church, a Vineyard church, and a Covenant church. Each of these churches has offered distinct gifts to us—the lofty liturgy of an Episcopal cathedral, the emphasis on global missions at the non-denominational church, the healing prayer at the Vineyard, the solid preaching and welcoming community at the Covenant. It would be easy to critique any of these churches, but overall I am grateful for them each in their own way, and I’m grateful for their variety. It has shown me so much more about the diversity of God’s healing work in the world.

Perhaps I’m so willing to move from denomination to denomination because of the role para-church ministries played in my growth as a Christian. I first experienced the power of the Holy Spirit at a Young Life camp, and I grew even more through ministries on my high ...

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Richard Lynch Plays Host To Hall Of Famers At 23rd Annual Steel Guitar Event

Lynch Welcomed Steel Guitar Hall Of Famers Chubby Howard, Joe Wright, Lyn Owsley, Billy Robinson And Russ Hicks To Keepin’ It Country Farm In Ohio.




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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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Impeachment Inquiry Update & California Democratic State Endorsement Convention Preview

Members of California’s Congressional delegation are center stage at the House Intelligence Committee impeachment inquiry hearings on Capitol Hill. The chair of the committee is LA area Democratic Rep. Adam Schiff. The ranking Republican member of the same committee is Fresno Rep. Devin Nunes. Other Californians are Democrats: Bay Area Rep. Jackie Speier and East Bay Rep. Eric Swalwell. McClatchy DC reporter Kate Irby joins Insight. She follows the California Congressional delegation. 

California’s State Endorsement Convention is this weekend in Long Beach. One of the surprises is that candidates Massachusetts Sen. Elizabeth Warren and Former Vice President Joe Biden will not attend. What does this mean? 

On Saturday, Nov. 16, the California Democratic Party in conjunction with Univision will host a televised 2019 Presidential Forum from 4 to 6 pm PST. Confirmed candidates are New Jersey Sen. Cory Booker, South Bend Indiana Mayor Pete Buttigieg, Former Health and Human Services Secretary Julián Castro, California Sen. Kamala Harris, Minnesota Sen. Amy Klobuchar, Vermont Sen. Bernie Sanders, investor Tom Steyer, and entrepreneur Andrew Yang. CapRadio’s Capitol Bureau Chief Ben Adler provides a preview to this weekend’s convention.

 





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Nick Brodeur Wins Studio Package From ReverbNation

Laguna Beach Singer/guitarist Awarded Recording Time With Orange County Production House




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Nieto v. Fresno Beverage Co., Inc.

(California Court of Appeal) - Held that a former delivery driver for a beverage company did not have to arbitrate his wage-and-hour lawsuit. His case fell within a statutory exemption in the Federal Arbitration Act that applies to transportation workers engaged in interstate commerce. Affirmed the denial of the company's motion to compel arbitration.



  • Transportation
  • Dispute Resolution & Arbitration
  • Labor & Employment Law

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Nunez v. Nevell Group, Inc.

(California Court of Appeal) - Held that a construction contractor waived its right to compel arbitration of a unionized employee's wage-hour claim by waiting too long to file a motion to compel arbitration.



  • Dispute Resolution & Arbitration
  • Labor & Employment Law

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Levinson Arshonsky and Kurtz LLP v. Kim

(California Court of Appeal) - A law firm's client was unable to compel arbitration of a fee dispute with his former attorneys. The case involved California's Mandatory Fee Arbitration Act.




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An Evening With Jesse Charbonier Featuring The Joel Hall Dancers: A Film Premiere And CD Release

Critically Acclaimed Jazz Vocalist Jesse Charbonier Will Be Celebrating The Release Of 'Introducing Jesse Charbonier' At The University Of Chicago’s Reva And David Logan Center For The Arts On Nov. 1




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Richard Lynch Plays Host To Hall Of Famers At 23rd Annual Steel Guitar Event

Lynch Welcomed Steel Guitar Hall Of Famers Chubby Howard, Joe Wright, Lyn Owsley, Billy Robinson And Russ Hicks To Keepin’ It Country Farm In Ohio.




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Rep. Tom McClintock / School Timelines, Sliding Reading Skill Levels / Baking Bread During The Pandemic

Republican California Rep. Tom McClintock on Congress’ coronavirus relief efforts. We check in with a pair of superintendents on prospective timelines for opening their schools, and finding comfort in baking during the pandemic.




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Rolling Stones Revisit Historic Concert For Extra Licks

The Rolling Stones will be revisiting their historic 2016 show in Cuba for this week's installment of their special Extra Licks