When director Justin Pemberton began screening his new documentary at film festivals in 2019, the movie’s warnings of another financial meltdown seemed like a far-off problem. But then the coronavirus pandemic sent the global economy into a tailspin.

Dr. Steven Schwaitzberg is a man with a mission. He wants to teach surgeons around the world the Fundamentals of Laparoscopic Surgery (FLS) so that they can perform minimally invasive surgery and he wants to do it using sophisticated collaborative tools

Shareholders in Meritage Homes Corporation (NYSE:MTH) may be thrilled to learn that the analysts have just delivered a...

Sponsored by the People's Government of Qingdao, the 2020 Qingdao·Global Venture Capital Online Conference themed "A New Platform for International Cooperation, A New Opportunity for Technological Innovation" kicked off at Qingdao International Convention Center on May 8. A host of Chinese and overseas experts and scholars from the investment community, industrial circle and academia and entrepreneurs from around the globe joined the "cloud dialogue" through a "face-to-face" plus "screen-to-screen" mode to seek cooperation and share their insights on future development.

(United States Second Circuit) - Affirmed. Defendant is a divorced spouse who holds an interest in property that Plaintiff obtained a judgment lien against the other spouse’s interest. Plaintiff argued that Defendant’s interest was subordinate to Plaintiff’s interest. The trial court held that Defendant’s interest vested upon the entry of the judgment of divorce and that Plaintiff could execute only against the other spouse’s interest.

(United States Second Circuit) - Affirmed a finding of copyright infringement, in a lawsuit that involved copyrighted music recordings resold through an internet platform. The suit was brought by several record companies.

Men's & women's Mod clothing at Madcap England. Huge range of boating blazers, flares, racing jumpers, polos and dresses. Free UK delivery orders over £75.

(United States Ninth Circuit) - In an issue of first impression involving the Securities and Exchange Commission's ability to disgorge ill-gotten funds from so-called 'relief defendants', the district court's final judgment, arising in connection with the SEC's enforcement action for federal securities law violations arising out of a fraudulent investment scheme, is affirmed where: 1) the district court properly asserted jurisdiction over appellants as relief defendants to determine the legal and factual legitimacy of appellants' claim to the $5 million; and 2) the district court did not clearly err in finding that the $5 million transfer as a loan was a sham.

(United States Second Circuit) - Affirmed a finding of copyright infringement, in a lawsuit that involved copyrighted music recordings resold through an internet platform. The suit was brought by several record companies.

(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.

(United States DC Circuit) - Reversed and remanded. The district court's dismissal of a tort claim as time barred was in error because at the motion to dismiss stage dismissal for statute of limitations is only possible if the plaintiff's claims are conclusively time barred on the face of the complaint.

(United States Fifth Circuit) - Affirmed. A subcontractor did not owe a duty to indemnify a company for its expenditures in labor and materials in a construction project.

(California Court of Appeal) - In the third chapter of Silicon Valley litigation spanning more than 14 years involving a microchip company and its successor, alleging breach of fiduciary duty, the judgment entered on plaintiff's cross-complaint against defendant is reversed where the court erred in submitting defendant's statute of limitations defense to the jury, as the cross-complaint was timely filed.

(California Court of Appeal) - In a a shareholder derivative action on behalf of a company, alleging that individual members of the company's board and affiliated entities improperly exploited their control of the corporation in entering into three separate self-dealing transactions, the district court's dismissal of the complaint, concluding that the dilution claim was properly derivative under Delaware law and that plaintiff failed to plead demand futility under Fed. R. Civ. P. Rule 23.1(b)(3)(B), as to any of the claims, is affirmed where: 1) plaintiff's dilution claim was properly derivative, not direct; 2) the district court had subject matter jurisdiction to adjudicate the non-class, derivative claims; and 3) plaintiff did not allege facts sufficient to excuse it from making a pre-suit demand.

(California Court of Appeal) - Affirmed. Plaintiffs, rural, privately-owned telephone companies, brought suit against Defendant, California Public Utilities Commission, challenging the PUC’s decision establishing “cost of capital” as component in rate making. Plaintiff argued Defendant failed to adequately consider circumstances for rural telephone companies and that the PUC decision was unconstitutional. Appeals court held Plaintiff failed to demonstrate that the PUC decision was arbitrary, capricious, lacking in evidentiary support, or fell short of constitutional standards.

(United States Federal Circuit) - Affirming the US Court of International Trade's dismissal of two separate complaints challenging the countervailing duties on imported goods charged to an importer of aluminum extrusions from China because, regardless of the difference in rates between this importer's charge and a subsequent litigation into a similar matter, the importer was not a party to the other action, and they had failed to state a claim upon which relief could be granted and could not claim the benefit of the rate awarded in separate litigation.

(Court of Appeals of New York) - In a contracts action arising from a dispute over the auction sale of a syndicated loan, the Appellate Division's grant of defendant's motion for summary judgment is reversed where the lack of a written sales agreement and plaintiffs' failure to submit a timely cash deposit were not conditions precedent to the formation of the parties' contract and do not render their agreement unenforceable.

(United States Fifth Circuit) - Affirmed. A subcontractor did not owe a duty to indemnify a company for its expenditures in labor and materials in a construction project.

(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.

(United States Second Circuit) - Affirmed a finding of copyright infringement, in a lawsuit that involved copyrighted music recordings resold through an internet platform. The suit was brought by several record companies.

(United States Ninth Circuit) - Dismissal of a class action complaint alleging false statements contained in a merger agreement with a third party company is affirmed where the plaintiff has not pled facts that would either directly or indirectly give rise to a strong inference of scienter on the part of those officers responsible for making the false statements contained in the merger agreement.

(United States Seventh Circuit) - In an insolvent corporation's suit against defendant-corporation for tortious interference with its merger agreement, district court's judgment awarding defendant about $1.2 million in legal fees after ruling in favor of defendant and holding the insolvent corporation's board of directors personally liable is reversed as, under Nev. Rev. Stat. section 78.747, there isn't any fraud as plaintiff's thin capitalization was both the reason why the deal had been proposed and the dominant feature in the deal's structure. Furthermore, when plaintiff signed a contract promising to reimburse defendant's legal expenses if litigation ensued, defendant knew beyond doubt that plaintiff would be unable to keep that promise unless the merger closed. Thus, the court is not aware of any statute or decision holding that investors in a thinly capitalized corporation are personally liable for its debts to a contracting partner when that partner, with knowledge of the corporation's insolvency, signs without getting a guaranty from the investors.

(Court of Appeals of New York) - In a suit for tortious interference with prospective business relations and aiding and abetting breach of fiduciary duty, arising from the defendants' alleged participation in derailing the plaintiff company's acquisition by a third party, the Appellate Division's dismissal of the complaint is affirmed by memorandum, where the plaintiffs failed to produce evidentiary proof as to whether: 1) individual defendants participated in a co-defendant's admitted campaign to interfere with the proposed acquisition; 2) defendant entities should be held vicariously liable for the interference; or 3) an individual plaintiff was entitled to injunctive relief.

A Chechen migrant was arrested in the commune of Montereau-Fault-Yonne after dragging a police officer 60 feet with his vehicle while trying to escape a Wuhan coronavirus lockdown checkpoint.

UK Band Unveils Music Video Ahead Of “Strangers” Album Release

(United States Seventh Circuit) - Held that the district court did not adequately explain its reason for rescinding certification of a class in a business dispute between numerous used-car dealerships and a financing company. Vacated the class certification ruling and remanded for further proceedings.

(Supreme Court of California) - Interpreting Code of Civil Procedure section 580d, the California Supreme Court held that a creditor holding two deeds of trust on the same property may recover a deficiency judgment on the junior lien extinguished by a nonjudicial foreclosure sale on the senior lien.

(Supreme Court of California) - Affirmed judgment and sentence of capital punishment in death penalty case.

(United States Fifth Circuit) - Affirmed. A subcontractor did not owe a duty to indemnify a company for its expenditures in labor and materials in a construction project.

By Ezra David Romero

As the state slowly begins to reopen there’s a lot of mixed messages about what it means for Californians because counties, cities and the state are opening at different paces. 

CapRadio recently asked our audience about what concerns them about the reopening beginning to take place. We heard everything from California is opening prematurely so officials should take more caution to relief that some people can go back to work. 

There was an air of anxiety in their responses like this: “I think it is too early, and people just need to calm down. We need more testing before we start making plans to reopen so we can know what we are dealing with.”

Our listeners noted that they’re concerned because there are new transmissions and deaths from COVID-19 almost daily in the state. As of May 6 there were 60,614 cases in the state and 2,504 deaths. 

But how do we move forward? CapRadio’s region encompasses many counties and two states all with different rules. Imagine living in one county with a strict stay-at-home order and working in another where restrictions are limited. That’s the reality for many of our listeners and it’s producing anxiety for some.

We reached out to experts to find out how to meander through all the noise, news and changing guidelines.

What we looked into:

• How to find meaning within this crisis and how to fight off anxiety
• Precautions moving forward
• How do vulnerable communities move ahead? 
• Is it safe to go out into the natural world?

(United States Ninth Circuit) - Held that the Federal Trade Commission Act could support an order compelling an online payday lender to pay more than $1 billion in monetary relief for unfair business practices. Two of the judges on the Ninth Circuit panel filed a concurring opinion to suggest that the court should rehear the case en banc to reconsider relevant circuit precedent.

(United States Second Circuit) - Held that a consumer could not proceed with a claim that a debt collection letter unlawfully failed to inform him of certain information. Affirmed the dismissal of his proposed class action lawsuit against the debt collector under the Fair Debt Collection Practices Act.

Today’s CapChat looks at three current issues. 

First, with horse death investigations underway at Santa Anita Park, three more deaths have occurred in recent days. Since December 2018, there have been a total of 42 deaths at the park. California Gov. Gavin Newsom signed a law in June of 2019 allowing the state to suspend horse racing at tracks with dangerous conditions. That has, as yet, not happened at Santa Anita.

Next, in a new pilot program, Uber is giving some of its driving contractors more control by letting them set their own rates. Drivers at the Sacramento, Palm Springs and Santa Barbara airports can increase rates in ten percent increments, with a cap. Depending on results, Uber could expand this to other airports. This is an effort to clarify that Uber drivers are independent, not employees, since the implementation of AB 5 on Jan. 1, 2020.

Third, with the impeachment trial underway in the U.S. Senate, the date of President Donald Trump’s State of the Union somewhat uncertain, Newsom has yet to set a date for his own annual State of the State address. 

Guests

• CapRadio State Government Reporter Scott Rodd

(California Court of Appeal) - Held that an insurance company could not force an insured taxi cab company to arbitrate a workers' compensation insurance dispute. Affirmed the denial of the insurer's motion to compel arbitration.

New Standard Supports More Detailed Information On Compositions, Contributors, Artist Nicknames, Historic Chart Positions, Focus Track Data, Journalistic Material, And More

EMI UNIVERSAL MUSIC GROUP ASCAP CURROPTION

(United States Ninth Circuit) - Affirmed in part, reversed in part. The complaint did not plausibly allege Plaintiff was placed on the Child Abuse Central Index as retaliation. However, it did plausibly allege that Plaintiff engaged in protected activity and that retaliation was the but-for motive for the social worker’s actions.

This year, it wasn’t the typical stoner types in all-green that descended on Civic Center Park in April with marijuana leaf flags. It was the star-spangled banners that waved sky high in an intense display of patriotic exceptionalism this past weekend that should have just stayed home.

Capitol Hill bar Sancho's Broken Arrow has received a notice from the city requiring it to be vacated immediately and remain empty until the city's stay-at-home order is lifted.

Colorado lawmakers are hopeful that they'll be back at the Capitol as early as May, but they caution that it will depend on the advice of experts and whether the state's state-at-home order is still in place.

First thing's first: Last week's winner! Congratulations to Metalcore_xxx, who had the best zinger: "The Old Wave Of British Heavy...

The post CAPTION CONTEST: Enter Your Funniest Caption & You Could Win A Free CD From Our Giveaway Pile appeared first on Metal Injection.

(United States Ninth Circuit) - Held that the Federal Trade Commission Act could support an order compelling an online payday lender to pay more than $1 billion in monetary relief for unfair business practices. Two of the judges on the Ninth Circuit panel filed a concurring opinion to suggest that the court should rehear the case en banc to reconsider relevant circuit precedent.

Alyson McClaran had no idea she'd end up capturing some of the most powerful moments of the Colorado protest: two people who appeared to be health care workers, dressed in aquamarine scrubs and medical-grade face masks, standing in a crosswalk silently obstructing the path of shouting, car-bound protesters.