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Tripplett v. Workers' Compensation Appeals Bd.

(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.




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Allied Concrete and Supply Co. v. Baker

(United States Ninth Circuit) - Held that California did not violate the Equal Protection Clause when it adopted a 2015 amendment that conferred prevailing-wage protections on delivery drivers of ready-mix concrete. Reversed a summary judgment decision in this case involving a law that guarantees a special minimum wage to workers employed on public-works projects.




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JMS Air Conditioning and Appliance, Inc. v. Santa Monica Community College District

(California Court of Appeal) - Upheld an administrative decision by the Santa Monica Community College District to allow a contractor to replace one subcontractor with another subcontractor on a construction project. Affirmed the denial of the plaintiff subcontractor's writ petition.




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Tesla Generator Spam - PayAdvance.com Application for Membership

A "buy two for the price of one" type of spammer.




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ARC Welding Supply Co., Inc. v. American Welding and Gas, Inc.

(United States Seventh Circuit) - Affirmed a judgment after trial in a contractual dispute between two industrial supply companies. The case involved the alleged breach of their asset purchase agreement.




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US v. Apple Macpro Computer

(United States Third Circuit) - In an appeal concerning the Government's ability to compel the decryption of digital devices when the Government seizes those devices pursuant to a valid search warrant, the district court's order, finding John Doe in civil contempt for refusing to comply with an order issued pursuant to the All Writs Act, 28 U.S.C. section 1651, which required him to produce several seized devices in a fully unencrypted state, is affirmed over Doe's claims that the court did not have subject matter jurisdiction to issue the order and that the order itself violates his Fifth Amendment privilege against self-incrimination.




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Modisette v. Apple Inc.

(California Court of Appeal) - Held that Apple Inc. was not liable for a five-year-old girl's death and injuries to her family members that occurred when a driver using the FaceTime application on his iPhone crashed into her parents' car on a Texas highway. Affirmed dismissal of the complaint, concluding that Apple did not owe a duty of care and that the iPhone's design was not a proximate cause.




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Meador v. Apple, Inc.

(United States Fifth Circuit) - Held that Apple Inc. was not liable for a fatal car crash that happened when a distracted driver looked down to read a text message on her iPhone 5. The suit alleged that the iPhone caused the accident because it had no lockout mechanism. Affirmed dismissal of the complaint, holding that Texas law would not regard a driver's neurobiological response to a smartphone notification as a cause of a car crash.




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Australia's First Online Radio/Podcast Station Launches As Apple Announces ITunes Closure

New Podcast Concept Station "Elevate Radio" To Help Podcasters And Musicians




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ARC Welding Supply Co., Inc. v. American Welding and Gas, Inc.

(United States Seventh Circuit) - Affirmed a judgment after trial in a contractual dispute between two industrial supply companies. The case involved the alleged breach of their asset purchase agreement.




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Apple, Inc. v. Pepper

(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.



  • Antitrust & Trade Regulation
  • Consumer Protection Law

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Has Mindfulness Supplanted Thoughtfulness?

Love always requires sacrifice.

“Mindfulness” is a buzzword these days. As a recent article in the Sunday New York Times points out:

. . . mindfulness has come to comprise a dizzying range of meanings for popular audiences. It’s an intimately attentive frame of mind. It’s a relaxed-alert frame of mind. It’s equanimity. It’s a form of the rigorous Buddhist meditation called vipassana(“insight”), or a form of another kind of Buddhist meditation known asanapanasmrti (“awareness of the breath”). It’s M.B.S.R. therapy (mindfulness-based stress reduction). It’s just kind of stopping to smell the roses. And last, it’s a lifestyle trend, a social movement and — as a Time magazine cover had it last year — a revolution.

Many Christians will be skeptical of mindfulness simply due to its Buddhist roots, and yet at first glance, there’s something attractive about it. In the midst of an overworked, consumerist culture or production and competition, couldn’t mindfulness offer us all something true and good? Awareness of the present moment—my own emotions, the states of being of those around me, the possibilities inherent in right now—aren’t those all good?

At a glance, sure. And yet, as the author (Virginia Heffernan) of the Times’ piece goes on to note, our current fad of mindfulness is often employed in service of the same work-fueled consumerist values. It will make us, and our children, more productive and less anxious, right?

I think back to my own attempt at greater mindfulness during an exercise “challenge” I committed to with a few friends last year. I pledged to write down everything I was eating and drinking, ...

Continue reading...




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Luxor Cabs, Inc. v. Applied Underwriters Captive Risk Assurance Co.

(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.




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Jackpot Harvesting, Inc. v. Applied Underwriters, Inc.

(California Court of Appeal) - Affirmed the denial of a motion to compel arbitration of an insurance dispute. A company that sued its workers' compensation insurer over premium hikes contended that the case did not have to be arbitrated because the California Insurance Code invalidated the parties' arbitration agreement.




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Seven Seas Music Places Three Tracks In Apple TV+ Series ‘Little America’ From Creators Of ‘The Big Sick’

Authentic International Music Chosen From Seven Seas Music Catalog To Highlight Immigrants Stories In New Heartwarming Show Out This Fall.




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Bell Supply Company, LLC v. US

(United States Federal Circuit) - Vacating a decision by the US Court of International Trade affirming a US Department of Commerce determination that certain imported oil country tubular goods (OCTG) fabricated as unfinished OCTG in China and finished in other countries were not subject to anti-dumping and countervailing duty orders covering OCTG imported from China because the Trade Court improperly proscribed the use of the substantial transformation analysis to determine the country of origin.




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IQ Dental Supply v Henry Schein, Inc.

(United States Second Circuit) - Plaintiff brought suit against three dental supply distributors alleging that they conspired to violate antitrust laws. The trial court dismissed plaintiff's antitrust claims for lack of standing and tort claims for failure to state a claim. Second circuit affirmed the dismissal of the antitrust claims, but vacated the judgment for the tort claims. The case was remanded back to the district court for further proceedings.




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Apple, Inc. v. Pepper

(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.



  • Antitrust & Trade Regulation
  • Consumer Protection Law

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Apple introduces a $399 iPhone

At $399, the new iPhone SE costs about 40% less than the regular $699 iPhone.




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Colorado Latinos grapple with increased risk of coronavirus infections

“We’re just really scared and there's no protections and there's no testing, and we’re just continually exposed.”




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Oprah Hits on COVID-19 And Black People In Apple+ Show



Van Jones, Lori Lightfoot & Jennifer Hudson make appearances




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NBA Player Bismack Biyombo Donates $1 Million In Supplies For COVID-19

He's helping his country, the DR Congo, fight the pandemic




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Georgia Applies For $500M To Fight Coronavirus In Schools



The state has the 14th highest infections.




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Cannonier: “Applaud Steps From Local Banks”

“I am relieved to see the steps that both Clarien Bank and The Bank of N T Butterfield have taken to provide some economic relief to our community, during these unprecedented times,”  OBA Leader Craig Cannonier said. “We note that coronavirus relief legislation is being passed in every country. It is important that Bermuda offers to […]

(Click to read the full article)




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Appleby Announces Award & Bursary Recipients

For the last 40 years, the partners of Appleby have provided awards and bursaries to qualified Bermudian applicants who have demonstrated academic excellence within the legal field, community outreach and extracurricular activities. The year’s Legal Education award, valued at $30,000, is awarded to Karim Creary, a graduate from St. Lawrence University who has been a […]

(Click to read the full article)




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Hamilton Re Invites Scholarship Applications

Hamilton Insurance Group, – the Bermuda-headquartered holding company that underwrites specialty insurance and reinsurance risks on a global basis through its wholly owned subsidiaries — is now inviting applications for a scholarship designed to expand the skill set of young professionals considering a career in insurance and reinsurance. Hamilton Group CEO Pina Albo and current Hamilton […]

(Click to read the full article)




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Apply For BILTIR Summer Intern Programme

Bermuda International Long Term Insurers and Reinsurers [BILTIR] is inviting local students to apply for a 10 week summer internship with a member company. BILTIR, which represents the island’s long-term insurers and reinsurers who provide life and annuity products, hopes the internship programme “will create a pipeline of local life insurance professionals, and that eventually […]

(Click to read the full article)




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Appleby Support Restaurants With Gift Cards

Appleby’s Bermuda office is supporting local restaurants by giving all its employees $100 gift cards to use for takeout meals, or in the restaurants when they open again. Bermuda Managing Partner, Tim Faries said: “Appleby has deep roots in Bermuda and we wanted to do our part to support the local restaurants that are struggling […]

(Click to read the full article)




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Column: Security Of Our Energy Supply

[Opinion column written by Nick Hutchings] Further to news coverage of Stratton Hatfield’s recent speech to Hamilton Rotarians about the benefits of energy from the sun and relative to the Regulatory Authority’s public consultation on BELCO’s proposed integrated resource plan [IRP], Part I Any discussion about energy, whether about security of supply, least cost or […]

(Click to read the full article)




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Column: Security Of Our Energy Supply Part II

[Opinion column written by Nick Hutchings] Further to news coverage of Stratton Hatfield’s recent speech to Hamilton Rotarians about the benefits of energy from the sun and relative to the Regulatory Authority’s public consultation on BELCO’s proposed integrated resource plan [IRP], Part II I finished Part I of this essay by saying hats off to […]

(Click to read the full article)




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Column: Security Of Our Energy Supply Part III

[Opinion column written by Nick Hutchings] I finished Part II of this essay by asking our decision makers if they believe 97% of climate scientists are correct in their assertion that climate change is, to a very large degree, the result of burning fossil fuel and, if they do, would they also agree that waiting to […]

(Click to read the full article)




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Music Video: Kidd Clazzic “Bonita Applebum”

Bermudian artist Kidd Clazzic has created his Free Verse Video Friday Series for 2015 with the release of his new mini music video, “Bonita Applebum.” The video was directed by young Bermudian film maker, Marq Rodriguez. Kidd decided to create the video series to celebrate some of his favourite rap artists, as well as some classic […]

(Click to read the full article)




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John McSweeney & Larissa Roche Join Appleby

Appleby Bermuda is welcoming John McSweeney and Larissa Roche to its Dispute Resolution and Corporate department. A spokesperson said, “Mr. McSweeney is an associate within the Dispute Resolution department in Bermuda. Prior to joining Appleby, Mr. McSweeney was a litigation associate in another Bermuda law firm where he represented clients in a wide range of […]

(Click to read the full article)




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Appleby Hires Rebecca Holloway & Joy Martin

Appleby Bermuda has welcomed Bermudians Rebecca Holloway and Joy Martin as compliance officers within the compliance team. Ms Holloway graduated from Bristol University with a Bachelor of Arts degree in French and Spanish. Ms Holloway is a Certified Anti-Money Laundering Specialist [CAMS] and Certified Financial Crime Specialist [CFCS]. Prior to joining Appleby, she served as a […]

(Click to read the full article)




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Appleby Hires Kit Cunningham & John Small

Appleby Bermuda has welcomed Kit Cunningham and John Small to its Corporate department. Mr. Cunningham is an associate in Appleby’s Bermuda office practicing in all areas of corporate and commercial law, including finance, insurance, public and private M&A, digital asset business and technology, intellectual property, and aviation. He was called to the Bermuda Bar in November […]

(Click to read the full article)




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Butterfield Invites Applications For Scholarships

The Bank of N.T. Butterfield & Son Limited is accepting applications for its undergraduate and postgraduate scholarships. The deadline for both scholarships is Friday 27 March 2020. Undergraduate Scholarship A spokesperson said, “The Sir Harry D. Butterfield Undergraduate Scholarship is awarded to a Bermudian student commencing, or already pursuing, an undergraduate degree overseas at an […]

(Click to read the full article)




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PHC Scholarship Application Deadline Extended

The PHC Foundation has extended its scholarship application deadline until Saturday, May 30 due to the ongoing Covid-19 pandemic. A spokesperson said, “In light of the current global health crisis, The PHC Foundation would like to inform the community of its scholarship application deadline extension. “Interested applicants should be advised that applications will now be […]

(Click to read the full article)




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Apply For BELCO Scholarships & Bursaries

BELCO has extended the application deadline for its annual scholarships and bursaries until May 31, 2020. A spokesperson said, “Bermuda Electric Light Company Limited [BELCO] has extended the application deadline for its annual scholarships and bursaries, ranging from $1,000 to $25,000 per selected student. Bermudian students may now apply for this year’s scholarships by May […]

(Click to read the full article)




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Coronavirus Impact On Food Supply

This episode originally aired on March 26, 2020. When the coronavirus became a pandemic, people swamped grocery stores wiping out things like toilet paper and hand sanitizer. However, as Ohio's stay-at-home order drags on there is growing concern for the food supply as the supply chain shows signs of stress. In Ohio, which ranks 11th in the country for milk production, the coronavirus has been so disruptive that dairy farmers have had to dump milk that can’t be sold.




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Guidelines for Collecting, Applying, and Maintaining Pavement Condition Data at Airports

“Pavement condition data” are essential inputs to the process of managing airport pavements and ensuring safe operations. The technology available today to collect pavement condition data is considerably different from that available even 20 years ago, and new technologies are being developed and introduced into practice at a rapid pace. ACRP Research Report 203: Guidelines for Collecting, Applying, and Maintaining Pavement Condition Data at Airports provides guidance on the collection, use, maintenance,...



  • http://www.trb.org/Resource.ashx?sn=cover_ACRP_rpt_203

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Use of Weigh-in-Motion Data for Pavement, Bridge, Weight Enforcement, and Freight Logistics Applications

Most U.S. state departments of transportation (DOTs) are collecting weigh-in-motion data with a wide variety of sensor types and using them in a variety of applications. Many agencies use WIM data to aid in pavement design, although most are not currently using a Pavement ME (mechanistic-empirical) Design application. WIM for bridge and asset management purposes is used much less often. The TRB National Cooperative Highway Research Program's NCHRP Synthesis 546: Use of Weigh-in-Motion Data for Pavement, ...




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TRB Webinar: How To Use Self-Consolidating Concrete in Bridge Applications

Self-consolidating concrete (SCC) is a highly flowable, nonsegregating concrete that is placed without any mechanical consolidation. TRB will conduct a webinar on Thursday, June 11, 2020, from 1:00 PM to 3:00 PM Eastern to discuss how SCC may be used to fill heavily congested or irregularly shaped members in bridge applications more easily while providing improved in-place quality and surface finish.The use of SCC may also decrease construction costs due to the reduced labor requirements during construct...




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The Slippery Nipple




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General Supplies




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The iMac at 22: How the computer 'too odd to succeed' changed everything ... for Apple, at least

Very '90s kit was everywhere – and it saved Apple's ass too

On this day in 1998, Steve Jobs took to the stage of the Moscone Center in San Francisco for a product launch that would indelibly change the face of computing and arguably save the firm he founded almost 22 years earlier.…




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Forever mothballed: In memoriam Apple Butterfly Keyboard (2015-2020)

At last, we can write headlines with all the letters intact

For a company defined by design and attention to detail, the Butterfly keyboard was a tremendous humiliation for Apple. Conceived in 2015, it replaced the previous scissor-switch mechanism for one with a smaller profile, allowing Cupertino to continue shrinking already-svelte laptops.…




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MongoDB and Rockset link arms to figure out SQL-to-NoSQL application integration

NoSQL, no problem for Facebook-originating RocksDB

MongoDB and fellow database biz Rockset have integrated products in a bid to make it easier to work with the NoSQL database through standard relational database query language SQL.…




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Apple owes us big time for bungled display-killing cable design in MacBook Pro kit, lawsuit claims

iGiant not only screwed up the wiring, it knew it was shipping dodgy gear, it is claimed

Apple is potentially facing a class-action lawsuit over the failure of displays on its MacBook Pro line.…




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9/16/18 - Just apply heat




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Medical consultancy NovaMed inks deal as mask supplier

One-year-old company NovaMed has inked a deal with Hong Kong-based DHB Global that will see the start-up medical consultancy transitioning to a producer of healthcare personal protective equipment, or PPE. Under the deal finalised earlier this...