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MLB podcast: KBO gets underway, MLB tells players to prepare




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County of San Diego Department of Child Support Services v. C.P.

(California Court of Appeal) - Held that a father was not entitled to an adjustment in the child support arrears that accrued during his incarceration in federal prison. Vacated the decision below and remanded for further proceedings in this family court matter.




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Department of Commerce v. New York

(United States Supreme Court) - Held that the government's decision to add a citizenship question to the 2020 census questionnaire did not violate the Enumeration Clause or the Census Act. However, the sole stated reason for reinstating the question "seems to have been contrived," and therefore it was appropriate to remand the case back to the agency on that ground. Chief Justice Roberts delivered the Court's opinion, some portions of which were unanimous while others received the support of only four justices in various groupings.




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CEO 'fully prepared' for PGA Championship to be played without fans




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Federal Education Association--Stateside Region v. Department of Defense

(United States Federal Circuit) - Held that a teacher working for the U.S. Department of Defense Domestic Dependent Elementary and Secondary Schools failed to file a timely petition for review of a decision removing her from the federal service. The teacher, who argued that her procedural due process rights were violated when she was fired from her job teaching on a military base, petitioned for review of an arbitrator's decision. However, the Federal Circuit concluded that her petition for review was not timely filed and thus dismissed it.




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Report: City prepared to keep Bayern Munich target Sane this summer




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Moore v. LA Department of Public Safety

(United States Fifth Circuit) - Reversed. The substitution of the guardians of the children of a deceased man discovered a year after the filing of a wrongful death action by his mother was proper despite the substitution occurring after the statutory limitations period. The substitution relates back to the date of the initial complaint.




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Fuller v. Department of Transportation

(California Court of Appeal) - Affirmed. Plaintiff was injured in a head-on traffic accident that he alleged was partially caused by a dangerous road condition. The jury found that a dangerous condition existed but it was not a reasonably foreseeable risk that this kind of incident would occur. The appeals court agreed and affirmed the judgment in favor of the Defendant.




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Smith v. Illinois Department of Transp.

(United States Seventh Circuit) - Affirmed. Plaintiff sued alleging a hostile work environment and retaliatory firing. The trial court granted summary judgment to the Defendant. The appeals court found that Plaintiff was discharged during a probationary period and that he lacks evidence to take the matter to a jury.




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MCI Communications Services, Inc. v. California Department of Tax and Fee Administration

(California Court of Appeal) - Affirmed the dismissal of a telecommunication company's lawsuit seeking a refund of California sales and use taxes. Held that the tax exclusion for telephone lines does not extend to pre-installation component parts that may one day be incorporated into completed telephone systems.




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American Civil Liberties Union v. US Department of Defense

(United States Second Circuit) - Held that the U.S. government was justified in refusing to release certain photographs of detainees taken by U.S. Army personnel at military detention facilities in Afghanistan and Iraq. The American Civil Liberties Union and several other organizations demanded that the photographs be released under the Freedom of Information Act. The government countered that the photographs were shielded from disclosure by a 2009 law, the Protected National Security Documents Act. Agreeing with the government, the Second Circuit reversed the district court's order granting summary judgment for the plaintiffs and remanded with directions to enter judgment for the government.




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Judicial Watch, Inc. v. US Department of Defense

(United States DC Circuit) - In a Freedom of Information Act case, held that the presidential communications privilege barred disclosure of five memoranda memorializing advice to President Obama about a military strike on Osama bin Laden's compound in Pakistan. Affirmed a summary judgment ruling.




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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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Cooling Water Intake Structure Coalition v. EPA

(United States Second Circuit) - Denied petitions for review of the U.S. Environmental Protection Agency's final rule related to cooling water intake structures. The petitioners in this case, a number of environmental conservation groups and industry associations, sought judicial review of an EPA rule promulgated under the Clean Water Act establishing requirements for cooling water intake structures, which are used by power plants and manufacturing facilities to extract water and dissipate waste heat. Denying the petitions, the Second Circuit concluded that the final rule was sufficiently supported by the factual record and that the EPA gave adequate notice of its rulemaking.




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Financial Oversight and Management Board for Puerto Rico v. Ad Hoc Group of PREPA Bondholders

(United States First Circuit) - Vacated an order denying a request by Puerto Rico Electric Power Authority (PREPA) bondholders for relief from an automatic stay. The bondholders argued that a statute enacted by Congress to address Puerto Rico's financial crisis did not preclude them from obtaining relief so that they could petition another court to place PREPA into receivership. Agreeing, the First Circuit held that the district court erred in concluding otherwise.




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Ivory Education Institute v. Department of Fish and Wildlife

(California Court of Appeal) - Upheld the constitutionality of a recently enacted California statute that effectively bans the importation and sale of ivory and rhinoceros horn. Affirmed judgment on the pleadings against the Ivory Education Institute's lawsuit, which contended that the statute is unconstitutionally vague on its face.




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WILLINGHAM v. DEPARTMENT OF THE NAVY

(US Federal Circuit) - 2019-2031




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John Russo Industrial Sheetmetal, Inc. v. City of Los Angeles Department of Airports

(California Court of Appeal) - Upheld an attorney fee award to a government contractor that defeated a municipality's claim brought under the California False Claims Act, even though the contractor did not prevail in the action as a whole.




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Narragansett Indian Tribe v. Rhode Island Department of Transportation

(United States First Circuit) - Affirmed the dismissal of an Indian tribe's complaint against federal and Rhode Island agencies concerning a highway bridge reconstruction. The tribe argued, at base, that the state of Rhode Island broke a promise to give the tribe three parcels of land as mitigation for the expected negative impact on historic tribal land of an I-95 bridge replacement project. Agreeing with the district court, the First Circuit held that the tribe's claims were barred by federal sovereign immunity and lack of subject matter jurisdiction.




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Texas Tech Physicians Associates v. US Department of Health and Human Services

(United States Fifth Circuit) - Held that a university-affiliated medical practice must return $8 million to the federal agency that administers Medicare. The medical practice's test of a new care management model (a Medicare demonstration project) did not achieve the expected cost savings. Upheld an administrative order.




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Southwestern Electric Power Co. v. EPA

(United States Fifth Circuit) - Invalidated portions of an Environment Protection Agency final rule regarding waste streams from steam-electric power plants. Remanded to the agency for reconsideration in regard to legacy wastewater and combustion residual leachate, in this challenge brought by environmentalists, utilities and others.




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Sustainability, Parks, Recycling and Wildlife Defense Fund v. Department of Resources Recycling and Recovery

(California Court of Appeal) - Rejected an environmental group's challenge to the issuance of a revised permit for a landfill. Affirmed the denial of writ relief.




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Center for Biological Diversity v. California Department of Conservation

(California Court of Appeal) - Rejected an environmental advocacy group's challenge to an environmental impact report prepared by the California Department of Conservation addressing the effects of hydraulic fracturing and other well stimulation treatments. Affirmed the denial of writ relief.




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Murray Energy Corp. v. EPA

(United States DC Circuit) - Denied, remanded, and vacated. Challenges to the Environmental Protection Agency's 2015 revisions to the primary and secondary national ambient air quality standards for ozone were denied except with respect to secondary ozone, which was remanded for reconsideration and the grandfathering provision, which was vacated.




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Center for Biological Diversity v. EPA

(United States Fifth Circuit) - Dismissed. The Center for Biological Diversity lacked standing to challenge the Environmental Protection Agency's issuance of a permit that will lead to increased pollution in the Gulf of Mexico.




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Ergon-West Virginia, Inc. v. EPA

(United States Fourth Circuit) - Vacated the denial of an exemption from the U.S. Environmental Protection Agency's renewable fuel standard program. A small refinery sought an extension of its exemption from EPA's renewable fuel standard program, which requires refineries and other facilities to allocate a certain percentage of their fuel production to renewable fuels. When the EPA denied the request for an extension, the refinery petitioned the Fourth Circuit, which concluded that the EPA's decision was arbitrary and capricious. The panel therefore vacated the EPA's denial and remanded for further proceedings.




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Center for Biological Diversity v. Department of Conservation

(California Court of Appeal) - Affirmed that an environmental group was not entitled to a writ of mandate directing the California Department of Conservation to order the immediate closure of oil and gas wells injecting fluids into certain underground aquifers. The environmental group argued that the department had violated its duty under the federal Safe Drinking Water Act to protect the aquifers. Unpersuaded, the First Appellate District held that the trial court properly denied the petition for a writ of mandate.




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Delaware Riverkeeper Network v. Pennsylvania Department of Environmental Protection

(United States Third Circuit) - Denied a petition for review of a Pennsylvania state regulators' decision to grant a Clean Water Act certification to a natural gas pipeline project. An environmental organization raised various procedural and substantive arguments against the environmental regulators' issuance of a water quality certification. On judicial review, the Third Circuit held that the environmentalists' challenge failed on the merits. Prior to reaching the merits, the panel discussed in detail questions regarding its jurisdiction under the Natural Gas Act.




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Center for Biological Diversity v. California Department of Conservation

(California Court of Appeal) - Rejected an environmental advocacy group's challenge to an environmental impact report prepared by the California Department of Conservation addressing the effects of hydraulic fracturing and other well stimulation treatments. Affirmed the denial of writ relief.




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Moore v. LA Department of Public Safety

(United States Fifth Circuit) - Reversed. The substitution of the guardians of the children of a deceased man discovered a year after the filing of a wrongful death action by his mother was proper despite the substitution occurring after the statutory limitations period. The substitution relates back to the date of the initial complaint.




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California Communities Against Toxics v. EPA

(United States DC Circuit) - Dismissed. The Wehrum Memo relating to air quality was not a final agency action, so the court lacked subject matter jurisdiction to hear complaints about its contents.




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Murray Energy Corp. v. EPA

(United States DC Circuit) - Denied, remanded, and vacated. Challenges to the Environmental Protection Agency's 2015 revisions to the primary and secondary national ambient air quality standards for ozone were denied except with respect to secondary ozone, which was remanded for reconsideration and the grandfathering provision, which was vacated.




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Center for Biological Diversity v. EPA

(United States Fifth Circuit) - Dismissed. The Center for Biological Diversity lacked standing to challenge the Environmental Protection Agency's issuance of a permit that will lead to increased pollution in the Gulf of Mexico.




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Gonzalez v Department of Health Care Services

(California Court of Appeal) - Affirmed. Plaintiff appealed from order of the probate court denying their request that special needs trust be distributed to them rather than Department of Health Care Services. Appeals court found Department was entitled to reimbursement for Medi-Cal expenses.




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Oxford Preparatory Academy v. Chino Valley USD

(California Court of Appeal) - Reversed. The proper scope of judicial review of a school district’s decision is an independent judicial review. Such a review requires a hearing and making specific factual findings. The appeals court remanded for reconsideration of the writ petition under correct standards.




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Fuller v. Department of Transportation

(California Court of Appeal) - Affirmed. Plaintiff was injured in a head-on traffic accident that he alleged was partially caused by a dangerous road condition. The jury found that a dangerous condition existed but it was not a reasonably foreseeable risk that this kind of incident would occur. The appeals court agreed and affirmed the judgment in favor of the Defendant.




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US v. Stepanets

(United States First Circuit) - Reversing and Remanding an order dismissing counts in an indictment charging three defendants involving the dispensing of misbranded drugs in violation of the Federal Food, Drug, and Cosmetic Act because the judge's analysis involved several out-of-place factual assumptions that led to an incorrect finding regarding the sufficiency of an indictment.



  • Drugs & Biotech
  • Criminal Law & Procedure

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Barkers Hill Footbridge to Undergo Repairs

The Barkers Hill Footbridge will be closed to the public as of tomorrow [May 9], with reopening expected on Monday [May 11]. A Government...




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Oxford Preparatory Academy v. Edlighten Learning Solutions

(California Court of Appeal) - Remanded for a redetermination of whether an arbitration agreement covered a dispute between a school and a consulting firm. Reversed an order denying arbitration.




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Justice Department dropping Flynn’s Trump-Russia case

The Justice Department on Thursday said it is dropping the criminal case against President Donald Trump's first national security adviser, Michael Flynn, abandoning a prosecution that became a rallying cry for the president and his supporters in attacking the FBI's Trump-Russia investigation.




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Delaware Riverkeeper Network v. Pennsylvania Department of Environmental Protection

(United States Third Circuit) - Denied a petition for review of a Pennsylvania state regulators' decision to grant a Clean Water Act certification to a natural gas pipeline project. An environmental organization raised various procedural and substantive arguments against the environmental regulators' issuance of a water quality certification. On judicial review, the Third Circuit held that the environmentalists' challenge failed on the merits. Prior to reaching the merits, the panel discussed in detail questions regarding its jurisdiction under the Natural Gas Act.




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Thomas v. Department of Education

(United States Fifth Circuit) - Affirmed. A bankruptcy court's denial of a request to discharge a 60 year-old disabled former student's debt was affirmed. She failed to establish a showing of undue hardship. She had shown an inability to maintain a minimal standard of living because expenses exceeded income, but couldn't establish that her current condition would persist for a significant portion of the loan repayment period.




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Ergon-West Virginia, Inc. v. EPA

(United States Fourth Circuit) - Vacated the denial of an exemption from the U.S. Environmental Protection Agency's renewable fuel standard program. A small refinery sought an extension of its exemption from EPA's renewable fuel standard program, which requires refineries and other facilities to allocate a certain percentage of their fuel production to renewable fuels. When the EPA denied the request for an extension, the refinery petitioned the Fourth Circuit, which concluded that the EPA's decision was arbitrary and capricious. The panel therefore vacated the EPA's denial and remanded for further proceedings.




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Denver airport cuts ailing airlines a break on rent as it prepares for “a tough year”

Denver International Airport has allowed airlines ailing from the coronavirus pandemic to put off three months of rent and landing fees worth about $60 million, officials said Thursday as they outlined ways DIA is tightening its own belt.




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Financial Oversight and Management Board for Puerto Rico v. Ad Hoc Group of PREPA Bondholders

(United States First Circuit) - Vacated an order denying a request by Puerto Rico Electric Power Authority (PREPA) bondholders for relief from an automatic stay. The bondholders argued that a statute enacted by Congress to address Puerto Rico's financial crisis did not preclude them from obtaining relief so that they could petition another court to place PREPA into receivership. Agreeing, the First Circuit held that the district court erred in concluding otherwise.




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Narragansett Indian Tribe v. Rhode Island Department of Transportation

(United States First Circuit) - Affirmed the dismissal of an Indian tribe's complaint against federal and Rhode Island agencies concerning a highway bridge reconstruction. The tribe argued, at base, that the state of Rhode Island broke a promise to give the tribe three parcels of land as mitigation for the expected negative impact on historic tribal land of an I-95 bridge replacement project. Agreeing with the district court, the First Circuit held that the tribe's claims were barred by federal sovereign immunity and lack of subject matter jurisdiction.




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Officials say former CU Boulder scientist did not separate public research from private company

Detlev Helmig most recently attracted attention for a paper that stated emissions from oil and gas production on the Front Range are largely underestimated.




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EPA officials defend their role amid rollbacks as agency hits 50: “Expect continued improvements” in Colorado

U.S. withdrawal from the international agreement to combat global warming, along with rule rollbacks, have slowed momentum that once inspired emulators abroad.




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Reading list: The Denver Post sports department’s favorite sports books to ride out the coronavirus

With everyone sitting around the house these days, and nowhere to go, what better time to get lost in a few books?




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