(United States Third Circuit) - Affirmed a conviction and sentence related to the defendant's participation in a string of bank robberies. The case was on remand from the Supreme Court, which had granted the defendant's petition for writ of certiorari, vacated the Third Circuit's 2013 judgment, and remanded for reconsideration in light of Alleyne v. US, 570 U.S. 99 (2013). After reviewing the defendant's arguments under Alleyne as well as other arguments he raised, the Third Circuit affirmed the conviction and sentence.

(United States Third Circuit) - Affirmed the dismissal of taxi operators' constitutional challenge to an agreement that the City of Newark entered into with the ride-sharing service Uber. The taxi operators claimed that the City had violated their constitutional and state law rights by subjecting Uber and similar ride-sharing services to less onerous regulations than those imposed on taxi and limousine operators. Unpersuaded by these arguments, the Third Circuit held that the potentially unfair situation created by the City's decision could not be remedied through the plaintiffs' constitutional and state law claims.

(United States Third Circuit) - Affirmed the dismissal of a disabled tenant's lawsuit under the Fair Housing Amendments Act. The tenant, who needs ready access to her rolling walker, brought suit when the building managers refused to allow her to leave it in the building's lobby. Unpersuaded by her arguments, the Third Circuit concluded she did not plausibly plead that her preferred accommodation of leaving the walker in the lobby was necessary, given that she was offered four other ways to store and access her walker.

(United States Third Circuit) - Held that a consumer who purchased baby powder without being informed that it increased the risk of ovarian cancer (as she alleged it did) had no standing to pursue claims for economic injury. The plaintiff argued that she and other consumers would not have purchased the baby powder in the first place had they been properly informed about its alleged risks. Emphasizing that she was asserting only economic harm, the Third Circuit affirmed dismissal of her class-action complaint, explaining that the product had functioned for her as expected.

(United States Ninth Circuit) - Held that a Chapter 7 debtor was not allowed to amend a bankruptcy schedule to reflect a post-petition increase in the value of property that was the subject of a homestead exemption under Washington law. Affirmed.

(United States Fifth Circuit) - Held that a fired chief executive officer could sue the company's secured creditor in state court. Affirmed that his tortious interference claim belonged in state court rather than in the company's bankruptcy proceeding.

(United States Fifth Circuit) - In a lawsuit that a bankruptcy trustee brought against officers and directors of the debtor company and others who allegedly participated in a securities fraud scheme, affirmed a jury verdict in part and reversed it in part.

(United States Seventh Circuit) - Affirmed in part and reversed in part. A company that was unaware of a debt discharge in bankruptcy was not liable for continuing to attempt to collect on its debt, but one company who was notified and proceeded in state court could be held liable for actions taken by counsel on its behalf.

Immigrant advocates are working with Colorado lawmakers to provide relief to vulnerable families during the coronavirus crisis.

Baker neighborhood fashion boutique Fancy Tiger Clothing will drop the fancy and the tiger from its name next month when it rebrands as FM. The name change will be accompanied by the addition of a permanent DJ booth, more house-made clothing and expanded services in the shop at 55 Broadway in Denver.

(United States Fourth Circuit) - Affirmed in part, vacated in part, and remanded. Plaintiff was shot several times during an encounter with the police. The police were responding to an emergency call that plaintiff had committed burglary and assault. Plaintiff sued alleging excessive force in violation of the Fourth Amendment and that the police conduct violated Maryland law. The trial court granted summary judgment to the defendants holding that the police were enjoyed qualified immunity and no constitutional violations occurred. The appellate court held that the police violated plaintiffs Fourth Amendment rights, but that the police had qualified immunity. Because the trial court did not address the violation of the Fourth Amendment rights under Maryland law the case is remanded.

(United States Fourth Circuit) - Held that the United States should be substituted as a party defendant in a lawsuit in which two defendants were tobacco industry businesspeople who had agreed to perform undercover work for the U.S. Bureau of Alcohol, Tobacco, Firearms and Explosives. The question before the Fourth Circuit was whether the United States should be substituted as a party defendant. The panel held that the answer was yes, and thus reversed the district court's ruling on the matter.

(United States Fourth Circuit) - Held that the National Labor Relations Board was not entitled to preliminary injunctive relief directing two hospitals to bargain in good faith with a labor union representing nurses and take other actions. The NLRB argued that the district court ought to have granted its request for a preliminary injunction under section 10(j) of the National Labor Relations Act. Finding no abuse of discretion, the Fourth Circuit explained that the Board had not demonstrated that the effectiveness of its remedial power would be in jeopardy unless a preliminary injunction were imposed.

DSN Music Spins Off Record Label To Albuquerque Music Entrepreneur's New Group

"Go on, moron, ignore the evidence / Skid in to Armageddon"

The post PUSCIFER Remains Positive On New Song "Apocalyptical" appeared first on Metal Injection.

At The Movies, the band featuring vocalist Björn “Speed” Strid (Soilwork, The Night Flight Orchestra), guitarist Chris Laney (Randy Piper’s...

The post AT THE MOVIES (SOILWORK, KING DIAMOND) Covers "(I've Had) The Time Of My Life" appeared first on Metal Injection.

Since 2016, Well of Night have been restlessly building their sound into a rare blend of riff-heavy, energetic and melodic...

The post WELL OF NIGHT Offer Seering, Melodic Black Metal Song "Doctrine of Futility and Human Extinction" appeared first on Metal Injection.

Or soccer, if you're in the United States.

The post IRON MAIDEN Has Their Own Line Of Soccer Jerseys Now appeared first on Metal Injection.

With his solo band.

The post MEGADETH's David Ellefson Covers POST MALONE's "Over Now" appeared first on Metal Injection.

No more than 15 passengers will be permitted on a typical bus, and each rail car will be limited to 30 passengers.

Soundstripe Hires Grammy-winning Engineer And Producer J.R McNeely

This $5,000 Prize Has Been Established In Conjunction With The Audio Engineering Society Education Foundation.

The Deal Covers All New Works From The Versatile Power Duo, Whose Successes Include The #1 ITunes Electronic Hit “Touch” By 3LAU Featuring Carly Paige.

Natalie Jean Is A Very Rare Kind Of Vocalist. Winning Recognition Across The Most Diverse Of Musical Genres And Quite Comfortable Performing In English, French, Haitian Creole, And Spanish.

American sports fans starved for live games may find a measure of salvation from an unlikely source: South Korean baseball. The Korea Baseball Organization season begins Tuesday, and ESPN has announced plans for live broadcasts of its games.

You can reduce water use not by forgoing the recommended eight daily glasses of water, showering less often, or draining the fishbowl but by cutting back on grass, the turf kind, that is.

Health officials in El Paso County recently confirmed rabies in a skunk, the third positive test for the disease this year in the county.

Some activities must continue even as cities, counties and states effectively shut down to avoid the spread of COVID-19. Obviously our hospitals, doctors’ offices and emergency responder systems must remain open. Grocery stores are essential and so are pharmacies.

The Hundred Years’ War on Palestine: A History of Settler Colonialism and Resistance, 1917–2017 There has been a century of war on the Palestinians by Zionists whose goal was to establish a Jewish state on their land. More than 100 years ago, a Zionist Congress meeting in Vienna sent a delegation of several rabbis to […]

COVID-19 Virus And History of Quarantine “Quarantine” is a state, period, or place of isolation in which people or animals that have arrived from elsewhere or who have been exposed to infectious or contagious disease are placed. As Law & Disorder taped this show in early March 2020, thousands of people around the globe are […]

Basic Legal Rights For Animals: Activists and Advocates Discussions over whether animals are sentient beings, capable of feeling pain, pleasure or suffering, date back as far as ancient thinkers such as Plutarch, Hippocrates and Pythagoras. They all advocated for the fair treatment of animals. The term animal rights stands for the proposition that non-human animals […]

Update: Hosts Discuss Civil Liberties Amid Pandemic —- United States Executive Authority Declares Emergency Powers The last point President Trump’s former attorney Michael Cohen made when he testified last year before Congress was that Trump would never leave office voluntarily. With the pandemic of Covid-19 virus upon us, Trump has the perfect excuse. Last week he […]

Hosts Update Now Is The Time To Fundamentally Transform America Doug Henwood wrote in a Jacobin magazine article last week that “. . . things could get very ugly, but it is also an opportunity to emerge from this crisis a better country.“ In his article Henwood articulates a vision, “a vision of solidarity and […]

Hosts Updates Chronic Underlying Conditions: Vunerability To Covid-19 10,239 Elderly Prisoners in New York State – Governor Cuomo’s Office – 518-474-8390 FOIA Suspended  —- Abuse Of Emergency Powers, The U.S. Constitution And Habeas Corpus The Department of Justice is now seeking to exploit the coronavirus calamity to get Congress to give it permission to pick […]

Host Updates: In Memoriam – Perry Rosenstein Law and Disorder warmly remembers Perry’s legacy. He passed on April 3rd, 2020 in Teaneck, New Jersey.  Navy Secretary’s Flight To Aircraft Carrier To Bash Fired Captain Cost Taxpayers $243,000 10,239 Elderly Prisoners in New York State – Governor Cuomo’s Office – 518-474-8390 —- Reevaluating “Normal” Once Again We […]

Speaking In Turkish: Denying the Armenian Genocide Around the world, April 24 marks the observance of the Armenian Genocide. On that day in 1915 the Interior Minister of the Ottoman Empire ordered the arrest and hangings of Armenian intellectuals and community leaders in Constantinople. It was the beginning of a systematic and well-documented plan to […]

EFF: Google And Apple Virus Contact Tracing And Privacy From China, to Israel, and now the U.S., governments seek to enact broad surveillance measures to contain the spread of COVID-19. Already a majority of the public has said it favors such tracking, even though leadership has not shown how this tracking might actually stop the […]

Nobody’s Child: A Tragedy, a Trial, and a History of the Insanity Defense Public opinion surveys of knowledge, attitudes, and support for the insanity defense show that Americans dislike the insanity defense. They want insane law-breakers punished, and believe that insanity defense procedures don’t protect the public. Polls also show that most overestimate the use […]

(United States Second Circuit) - Affirmed. Defendant appealed his conviction of producing child pornography, arguing the district court erred in denying his motion to suppress certain electronic communications at trial. Finding no merit in these claims, the court affirmed.

(United States Second Circuit) - Vacated and remanded. Finding the promise to arbitrate in the franchise application was supported by adequate consideration, the panel vacates the district court’s denial of DAI’s motion to compel arbitration and remands for further proceedings.

Even a person as enthusiastic as I am about home cooking can feel fatigue, and six going on seven weeks of this quarantine, I am feeling it. It’s not so much the cooking. It’s the eating -- probably because I am doing it all day long.

Nearly $14 Million In Undistributed Royalties Has Been Found By Music-focused Finance Firm Sound Royalties

Local government orders mandating residents wear masks have become a political flash point in Colorado’s ongoing coronavirus pandemic response.

(United States Second Circuit) - Vacating the district court's determination that a carpenters union was entitled to summary judgment as to Sherman Act Antitrust charges, but affirmed summary judgment for them as to unfair labor practices charges in a case where the union used subcontracting to include ironworking in their activities because the union did not qualify for the non-statutory exemption to antitrust liability, but qualified for the construction industry proviso.

(United States Second Circuit) - Affirming the denial of the North American Soccer League's motion for preliminary injunction seeking Division II designation pending the resolution of its antitrust case against the United States Soccer Federation because they had failed to demonstrate a clear likelihood of success on the merits of their claim.

(United States Third Circuit) - Affirming a district court dismissal of a case brought by numerous taxi associations seeking to prevent Uber from taking their business because Uber's conduct didn't arise to an antitrust violation, attempted monopoly, or other unfair business activity, even if it is killing the old taxicab businesses.

(United States Federal Circuit) - Appeal from US Court of International Trade (ITC). Plaintiffs sought preliminary injunction to bar enforcement of Presidentially imposed tariff. ITC denied preliminary injunction and appeals court affirmed. The President has authority under Section 201 of the Trade Act of 1974 to impose tariffs and where a statute authorizes a Presidential determination, courts have no authority to look behind that determination to see if it is support by the record.

(United States Second Circuit) - Affirmed that magazine publishers did not violate antitrust laws by trying to drive a wholesaler out of business. The wholesaler delivered magazines to retail stores and it alleged that when it tried to impose a surcharge on the publishers in 2009, they conspired to boycott and drive the wholesaler out of business. On appeal, the Second Circuit found that the wholesaler had presented insufficient evidence of a boycott scheme to survive summary judgment. The panel also affirmed summary judgment against the publishers' counterclaims.

(United States Fifth Circuit) - Held that a manufacturer of medical syringes that falsely advertised its products did not have to disgorge its profits. That remedy would not be equitable under the circumstances here. Affirmed a post-trial ruling, in this lawsuit brought by a competing syringe manufacturer that also involved antitrust claims.

This is the second part of a three-part series on use of litigation interest and risk assessment (LIRA), growing out of a program at CPR’s annual meeting in February 2020. The first part of this series describes how to do LIRAs and includes results from a survey of participants in our program.  This part describes … Continue reading Early Dispute Resolution Processes →