(United States Supreme Court) - Held that consumers could proceed with an antitrust lawsuit alleging that Apple Inc. used monopolistic power to overcharge for iPhone apps. Apple contended that the lawsuit was barred because the consumers were not "direct purchasers" within the meaning of the Illinois Brick case. However, the U.S. Supreme Court rejected Apple's argument in a 5-4 decision, on review of a dismissal ruling. Justice Kavanaugh delivered the majority opinion, joined by the four liberal justices.

(NY Court of Appeals) - No. 26

I can’t stop laughing at this.

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.

(United States Seventh Circuit) - Partially affirmed, partially vacated. A man was properly convicted on drug charges and was subject to a sentence enhancement for maintaining drug premises, but the court plainly erred in calculating his relevant conduct and the case was remanded for resentencing.

(United States Ninth Circuit) - Granted a new trial in a copyright case involving a claim that Led Zeppelin copied key portions of its hit Stairway to Heaven from a song written by a musician named Randy Wolfe. Held that several jury instructions were erroneous and prejudicial, including the instructions on originality, and thus vacated the jury's verdict of no infringement.

(United States Third Circuit) - In an action to enjoin enforcement of an attorney-conduct guideline that bans advertising with quotations from judicial opinions unless the opinions appear in full, summary judgment in favor of defendant, the Supreme Court of New Jersey Committee on Attorney Advertising, is reversed and remanded, where: 1) plaintiff published on his law firm's website complimentary remarks about him by judges in separate judicial opinions; and 2) the attorney-conduct guideline adopted by the Supreme Court of New Jersey is an unconstitutional restriction on commercial speech.

(NY Supreme Court) - 2017–04429 2018–04808 Index No. 4054/13

(NY Supreme Court) - 2017–07383 (Index  12949/10) 12949/10

(NY Supreme Court) - 2018–11536 (Index No. 51923/17)

(NY Supreme Court) - 2019–04234 Index No. 523834/18

(California Court of Appeal) - Plaintiff applied for disability retirement. His employer disputed his retirement and his claim of industrial causation. The Workers’ Compensation Appeals Board found that the disability was industrial, but that he was barred from receiving retirement benefits because his claim was untimely. The appeals court held that the industrial causation claim was timely and reversed the WCAB order and remanded with directions to grant Plaintiff’s claim.

(California Court of Appeal) - Reinstated an unjust enrichment claim brought by a tax specialist that had helped a landowner reduce delinquent property taxes. Held that a foreclosure sale purchaser of the land had reason to know that the tax specialist had a contractual interest in a percentage of the tax refund. Reversed dismissal of the tax specialist's unjust enrichment claim against the foreclosure sale purchaser.

(United States Ninth Circuit) - Reversing the district court's denial of a writ of habeas corpus as to the guilt phase claims relating to first degree murder, vacating the convictions and remanding because if counsel had performed effectively by investigating and presenting evidence of the defendant's diminished mental capacity defense based on mental impairment there was a reasonable probability at least one juror would have had a reasonable doubt about his ability to form the requisite mental state for first degree murder.

(California Court of Appeal) - Affirmed the denial of a former professional football player's claim for workers' compensation benefits as former defensive tackle, Larry Tripplett, sought workers' compensation for cumulative injuries he suffered during his playing career. He argued that he was eligible for benefits in California, but the Fourth Appellate District disagreed, finding that he was ineligible because he was outside the state when he signed his employment contract with the Indianapolis Colts.

(California Court of Appeal) - Reversing the trial court's denial of a writ petition and declaratory and injunctive relief in the case of a city project because the trial court's dismantling of agreements entered into by an earlier administration and agency unconstitutionally impaired a private developer's contractual rights.

(California Court of Appeal) - Held that a general building contractor did not file a timely court challenge to a citation issued by government inspectors who found a safety violation at a job site. Affirmed dismissal of the contractor's petition for a writ of mandate.

(United States Second Circuit) - Held that the Social Security Administration was justified in imposing an assessment and penalty on a recipient of disability benefits who failed to report work activity. The benefit recipient disputed that his failure to report earnings was material. While rejecting his legal challenge, the Second Circuit held that the agency lacked substantial evidence to support the amounts of the assessment and penalty, and therefore vacated and remanded.

(California Court of Appeal) - Upheld the denial of a man's application for unemployment insurance benefits. Affirmed the denial of writ relief.

(California Court of Appeal) - Plaintiff applied for disability retirement. His employer disputed his retirement and his claim of industrial causation. The Workers’ Compensation Appeals Board found that the disability was industrial, but that he was barred from receiving retirement benefits because his claim was untimely. The appeals court held that the industrial causation claim was timely and reversed the WCAB order and remanded with directions to grant Plaintiff’s claim.

(United States Ninth Circuit) - Granted a new trial in a copyright case involving a claim that Led Zeppelin copied key portions of its hit Stairway to Heaven from a song written by a musician named Randy Wolfe. Held that several jury instructions were erroneous and prejudicial, including the instructions on originality, and thus vacated the jury's verdict of no infringement.

(United States Ninth Circuit) - In an action in which plaintiff challenged, on First Amendment grounds, California Business and Professions Code Section 25503(f)-(h), which forbids manufacturers and wholesalers of alcoholic beverages from giving anything of value to retailers for advertising their alcoholic products, the district court's summary judgment to agency-defendant is reversed where plaintiff, a middleman involved in the advertising industry, had standing to challenge section 25503, because the Supreme Court's opinion in Sorrell v. IMS Health, Inc., 131 S. Ct. 2653 (2011), requires heightened judicial scrutiny of content-based restrictions on non-misleading commercial speech regarding lawful products, rather than the intermediate scrutiny previously applied to section 25503 by the Ninth Circuit in Actmedia, Inc. v. Stroh, 830 F.2d 957 (9th Cir.1986).

(Supreme Court of Delaware) - In a statutory appraisal action arising from an acquisition by merger, an order modifying the appraisal opinion is reversed where the dispute had become moot by operation of a settlement agreement, and the purported modification of the appraisal opinion therefore had no legal effect.

In dit artikel leg ik je uit hoe je in 5 handige stappen een buyer persona maakt. Een persona vormt de basis voor alle marketing- en salescommunicatie met je klant. Juist nu we met z’n allen thuiswerken, kun je dit als praktische desktaak uitvoeren. Zo ben je bijzonder zinvol bezig voor je organisatie. Waarom een […]

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 […]

Discretion over acceptance of the DOJ's bid to drop charges against Michael Flynn lies with a left-wing judge, explained Hans von Spakovsky.

Former President Barack Obama on Friday stated the "rule of law is at risk" in response to the Department of Justice dropping its criminal charges against retired Army Lieutenant General, Michael Flynn, according to an audio call obtained by Yahoo News.

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...

(United States Supreme Court) - Held that consumers could proceed with an antitrust lawsuit alleging that Apple Inc. used monopolistic power to overcharge for iPhone apps. Apple contended that the lawsuit was barred because the consumers were not "direct purchasers" within the meaning of the Illinois Brick case. However, the U.S. Supreme Court rejected Apple's argument in a 5-4 decision, on review of a dismissal ruling. Justice Kavanaugh delivered the majority opinion, joined by the four liberal justices.

It's easy to hate on Christian music, but Christian musicians often find themselves in impossible terrain.

I have a confession to make. I really dislike Christian music.

Now, Christian music is a very broad term, so I think some defining is in order. I don't mean music that is written expressly for use in the church for praise and worship. I'm talking about Christian music that does not exactly fit in church, but has an unmistakable Christian theme in its lyrics and content, what I think is commonly referred to as CCM, or Christian Contemporary Music. It tries to cleave to some of the lyrical and theological orthodoxy of worship music, but with the musical sensibilities of pop and rock (and sometimes even hip hop), and somehow manages to mangle both. I don't like this kind of Christian music, and I know I'm not alone.

I listen to it everyday on the radio, partially because I find the lyrical content that's broadcast on other stations repugnant ("Cuz your sex takes me to paradise, yeah your sex takes me to paradise..."), and partially because as a pastor, I feel somewhat guilty if I don't. But I regularly grit my teeth while listening to the local Christian radio station. My beef is that even though the music has such high production values and is performed by such high caliber musicians, it often lacks realness and authenticity. Amazingly, it manages to sound shallow even when talking about ideas of incredible depth. The lyrics are prosaic and affected, and the themes that it covers are shockingly narrow. There are the "I'm a bad person but you love me anyway" songs, the "Teach me to love like you songs", and the "Don't give up" songs. Aaaand, that's about it. Of course, I'm being facetious and stupid, which comes as no surprise to those of ...

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The Colorado Supreme Court has all but cemented a two-way Democratic primary for Colorado’s U.S. Senate seat in June between John Hickenlooper and Andrew Romanoff after reversing another Denver District Court decision. On Tuesday, the Supreme Court ruled that Democratic candidate Lorena Garcia shouldn’t be placed on the primary ballot because she didn’t collect enough […]

(United States Ninth Circuit) - Affirmed. Even assuming there was no reasonable basis for the state court to deny the claim as to the first two requirements under Napue v. Illinois, the panel could not say that it would be unreasonable to conclude that the testimony did not satisfy the materiality requirement.

Appeal from an isolated, grieving mother Dear stay-at-home protesters,

(United States Third Circuit) - Affirmed that a company whose sole business activity was purchasing and then attempting to collect debts was subject to the requirements of the Fair Debt Collection Practices Act (FDCPA). When homeowners brought suit against the assignee of their home equity loan alleging unlawful debt-collection attempts, the assignee argued that it was not covered by the FDCPA because it was a creditor, not a debt collector. Disagreeing with this characterization, the Third Circuit affirmed the trial court's judgment in favor of the homeowners.

(United States Third Circuit) - Vacated a mandatory minimum sentence under the Armed Career Criminal Act (ACCA). After pleading guilty to being a felon in possession of a firearm, the defendant challenged his 15-year sentence, arguing that he was sentenced under a portion of the ACCA later held unconstitutional by the Supreme Court. Finding merit in his contentions, the Third Circuit remanded for an analysis of whether the error of treating his Pennsylvania robbery convictions as predicate offenses under the ACCA was harmless in light of his other prior convictions.

When it first made its debut fifteen years ago, this adorable Metallica "Master of Puppets" playset (made by Stevenson Entertainment...

The post Put on Your Own METALLICA Show During the Pandemic With This Mini-'Master of Puppets' Playset appeared first on Metal Injection.

(United States Second Circuit) - Affirmed. Financial institutions that hold junior notes issued by the defendant, as trustee, appeal the grant of summary judgement. The district court erred in holding that ICA § 47(b) does not give rise to a private right of action. However, the district court ordered distribution of the assets of the trust according to the terms of the trust’s governing indenture, so summary judgment affirmed.

(United States Supreme Court) - Held that consumers could proceed with an antitrust lawsuit alleging that Apple Inc. used monopolistic power to overcharge for iPhone apps. Apple contended that the lawsuit was barred because the consumers were not "direct purchasers" within the meaning of the Illinois Brick case. However, the U.S. Supreme Court rejected Apple's argument in a 5-4 decision, on review of a dismissal ruling. Justice Kavanaugh delivered the majority opinion, joined by the four liberal justices.

The lofty lawsuit stems from last November.

Is Lecrae a Christian rapper or just a rapper?

He has kept a low profile.

It's hard out here for a pimp.

Gotti's 'Untrapped' sets forth a new cognitive blueprint.

She’s a multitalented person.

She released her first EP in December

The Philly rapper was 25 years old

“I put that vibe in there that gives dudes a lane.”

Designer labels and rapper-swag unite.