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Magana v. The Superior Court of San Mateo County

(California Court of Appeal) - Denying a petition for writ of mandate or prohibition challenging a trial judge's refusal to disqualify himself and for the attorney's removal as defense counsel in a case where the defense attorney engaged in a series of procedural delays in his defense of a man charged with two counts of rape that the court eventually held was denying the victim, defendant, and government their right to a speedy trial because the court correctly found that his motion to disqualify was untimely and the trial court had the authority to remove defense counsel to ensure adequate representation is provided and to avoid the substantial impairment of court proceedings... a rarely exercised authority that was held to be appropriate in this instance.




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Pangang Group Co., LTD v. USDC CA

(United States Ninth Circuit) - Denied a petition for writ of mandamus. Plaintiffs, Chinese government controlled companies, sought a writ to vacate the district court’s order denying their motion to quash service of criminal summonses. The Ninth Circuit reasoned that plaintiffs had actual notice of the summonses and that there was no error on the part of the district court.




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People v. Hogan

(Court of Appeals of New York) - Conviction for criminal possession of a controlled substance is affirmed where: 1) the trial court properly considered the drug factory presumption of Penal Law section 220.25(2); and 2) the decision regarding whether a defendant testifies before the grand jury is a strategic one requiring the expert judgment of counsel, and defense counsel’s refusal to facilitate defendant’s appearance before the grand jury did not amount to per se ineffective assistance of counsel.



  • Ethics & Professional Responsibility
  • Criminal Law & Procedure

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People v. Morgan

(Court of Appeals of New York) - Conviction for manslaughter and possession of a weapon is affirmed where the trial court's supplemental instruction to the jury to continue deliberating, following the jury's return of a verdict which polling determined not to be unanimous, did not deprive defendant of a fair trial.



  • Criminal Law & Procedure

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Regan v. City of Hammond

(United States Seventh Circuit) - Affirmed. A local ordinance requiring residential property owners to get a license or hired a licensed contractor to make repairs didn't violate the commerce clause. It didn't distinguish between in and out of state owners and imposed no burden on interstate commerce.




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US ex rel. Wood v. Allergan, Inc.

(United States Second Circuit) - Held that a False Claims Act lawsuit had to be dismissed because it was not the first-filed case accusing the defendant pharmaceutical company of certain improper Medicare and Medicaid billing practices. The plaintiff (relator) argued that his action should be allowed to proceed because the earlier action was no longer pending. Disagreeing, the Second Circuit held that a violation of the first‐to‐file bar, which prohibits a person from bringing a related qui tam action when one is already pending, cannot be remedied by amending or supplementing the complaint. The panel reversed and remanded.




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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.




gan

Save Our Heritage Organization v. City of San Diego

(California Court of Appeal) - Upheld the City of San Diego's decision to approve an environmental impact report addendum for an urban park project. Affirmed the denial of a citizen group's petition for writ of mandamus.




gan

Torres-Pagan v. Berryhill

(United States First Circuit) - Vacated an administrative ruling that terminated the Supplemental Security Income benefits of an individual who had received them since childhood for an intellectual disorder. The plaintiff disputed the medical evidence that the Social Security Administration relied on in concluding that he was no longer disabled after he turned age 18. Finding merit in his arguments, the First Circuit held that the record was insufficient to conclude he was no longer disabled.




gan

Gupta v. Morgan Stanley Smith Barney LLC

(United States Seventh Circuit) - Affirmed. A former employee alleging discrimination could be compelled to arbitrate his claims because he didn't opt out of the company's arbitration agreement.




gan

W. Filter Corp. v. Argan, Inc.

(United States Ninth Circuit) - In a contract and tort action arising from the parties' execution of a Stock Purchase Agreement (SPA), summary judgment for defendant on limitations grounds is reversed where a provision within the SPA permitting the representations and warranties of the parties to survive closing did not unambiguously state the parties' intent to contractually reduce the applicable California statute of limitation to one year.




gan

Regan v. City of Hammond

(United States Seventh Circuit) - Affirmed. A local ordinance requiring residential property owners to get a license or hired a licensed contractor to make repairs didn't violate the commerce clause. It didn't distinguish between in and out of state owners and imposed no burden on interstate commerce.




gan

US ex rel. Wood v. Allergan, Inc.

(United States Second Circuit) - Held that a False Claims Act lawsuit had to be dismissed because it was not the first-filed case accusing the defendant pharmaceutical company of certain improper Medicare and Medicaid billing practices. The plaintiff (relator) argued that his action should be allowed to proceed because the earlier action was no longer pending. Disagreeing, the Second Circuit held that a violation of the first‐to‐file bar, which prohibits a person from bringing a related qui tam action when one is already pending, cannot be remedied by amending or supplementing the complaint. The panel reversed and remanded.




gan

Whitmer Admin Sics Michigan Cops on 77-Year-Old Barber Defying Shutdown

A 77-year-old Michigan barber said he won't stop working "unless he is tasered by the police or Jesus Christ himself walks in" and will continue defying Gov. Gretchen Whitmer's executive orders.




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Langan v. Johnson and Johnson Consumer Cos., Inc.

(United States Second Circuit) - Vacated the certification of a consumer class action alleging that Johnson & Johnson deceptively labeled several of its baby bath products as being natural when they were not. The district court had certified a class consisting of consumers who purchased the products in eighteen states. On appeal, the Second Circuit was not convinced that the district court had carefully considered the material differences in the state laws at issue before concluding that their similarities predominated over their differences, and therefore the appeals court vacated and remanded.




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In re JPMorgan Chase and Co.

(United States Fifth Circuit) - Held that the district court "appears to have erred" in ordering that thousands of current and former employees be notified of a pending Fair Labor Standards Act collective action, because most of them had signed binding arbitration agreements and would be unable to join the action. However, the district court's apparent error in directing the notice did not justify granting the employer's petition for mandamus relief -- but the district court was advised to reconsider its ruling.




gan

New Island Entertainment Presents A F8ckin Birthday Extravaganza At Santos Party House

NIE Presents: The Hsu-nami, Fuck Your Birthday, NegativeHate, Stereobird @ Santos Party House




gan

Gupta v. Morgan Stanley Smith Barney LLC

(United States Seventh Circuit) - Affirmed. A former employee alleging discrimination could be compelled to arbitrate his claims because he didn't opt out of the company's arbitration agreement.




gan

NAGR v. Managan

(United States Ninth Circuit) - Affirmed in part, reversed in part. The panel reasoned that requiring disclosure of information related to subtle and indirect communications likely to influence voters’ votes was critical to the State’s interest in promoting transparency and discouraging circumvention of its electioneering laws.




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Texas-Based Zack Walther Band Corrals Americana/Roots Music Extravaganza On New CD, The Westerner, Releasing October 25

Texas-Based Zack Walther Band Corrals Americana/Roots Music Extravaganza On New CD, The Westerner, Releasing October 25




gan

Reading Health System v. Bear Stearns and Co. n/k/a J.P. Morgan Securities LLC

(United States Third Circuit) - Affirmed that a broker-dealer was required to arbitrate a customer's claim. The broker-dealer had placed a contractual clause in its agreement with an institutional customer stating that the customer must bring any claims arising out of their agreement in a particular federal court. Splitting from several other circuits on the enforceability of such forum-selection clauses, the Third Circuit held that the clause was unenforceable because it would circumvent Financial Industry Regulatory Authority (FINRA) Rule 12200. The panel therefore affirmed an order compelling the broker-dealer to submit to FINRA arbitration.




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Torres-Pagan v. Berryhill

(United States First Circuit) - Vacated an administrative ruling that terminated the Supplemental Security Income benefits of an individual who had received them since childhood for an intellectual disorder. The plaintiff disputed the medical evidence that the Social Security Administration relied on in concluding that he was no longer disabled after he turned age 18. Finding merit in his arguments, the First Circuit held that the record was insufficient to conclude he was no longer disabled.




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Sexual Minorities Uganda v. Lively

(United States First Circuit) - Held that a defendant who won a summary judgment motion could not appeal to challenge unflattering statements found in the trial judge's opinion. In this tort lawsuit brought by a Ugandan gay-rights organization, the defendant religious leader successfully obtained summary judgment by arguing lack of extraterritorial jurisdiction but then appealed. The First Circuit concluded that a winner cannot appeal a judgment merely because there are passages in the court's opinion that displease him or her.




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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.





gan

Capone (Derrick Lee) – The Gangster of Comedy



How Capone went from crime to comedy.




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Capone (Derrick Lee) – The Gangster of Comedy



How Capone went from crime to comedy.




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Kenya And Eva Gang Up On NeNe For ‘RHOA’ Reunion



Social distancing hasn’t stopped the shade.




gan

Megan Thee Stallion Is Inspired By Her Mom To Finish College



The rapper has big dreams after she walks the stage.




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Reagan Gomez Shares Husband's Terrifying Police Encounter



"They were looking for a problem."




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Misty Copeland Organizing Ballet Performance For COVID-19



Thirty-two ballerinas from 14 countries are participating.




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Megan Thee Stallion - "Big Ole Freak"



Megan Thee Stallion owns the stage.




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Weekend Movie Marathon: Tracy Morgan's Winning Back to Back!



Look at the flick of the wrist.



  • BET Star Cinema

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Flicks of the Week: Nia Long & Best Man Gang Have the Juice



Back like they never left!



  • BET Star Cinema

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[QUIZ] Which Black Movie Gangster Are You?



Are you more Nino Brown or Bishop?



  • BET Star Cinema

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Exceptional Black Women: Meagan Good



Meagan Good looks back on her rewarding career.




gan

Megan Thee Stallion Claims Label Won’t Let Her Release Music



The rapper shared the hashtag #FREETHEESTALLION




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Megan Thee Stallion Video Shows She’s Still A ‘Hot Girl’



The new video shows her working hard and playing harder.




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Megan Thee Stallion Shut Downs Cardi B Beef Rumors



“I don’t have a problem with anybody.”




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How Megan Thee Stallion First Learned The ‘Savage Challenge'



A “Captain Hook” challenge soon followed.




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Megan To Host A Virtual Hangout For Cancer Survivors



The Hot Girl leader has been a bright spot for her fans.




gan

Stream Megan Thee Stallion And Beyoncé’s ‘Savage’ Remix



Listen to the new track which debuted on Tidal and YouTube.




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Megan Thee Stallion's Message To Her Late Mother



"I’ve been trying to figure it out on my own."




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Wiz Khalifa's Taylor Gang Clothing Line Is Here



Fly threads just in time for festival season.



  • Style
  • Wiz Khalifa
  • Celebrity Style News
  • Fashion and Beauty
  • Celebrity fashion and beauty news

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Beyoncé and Megan Thee Stallion Drop "Savage" Remix



H-town vicious.





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Future 40: Meet Aisha "Pinky" Cole, Founder of Slutty Vegan



She's pioneered vegan cooking with a southern twist.




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Future 40: Meet "Slutty Vegan" Restauranteur Pinky Cole



She's pioneered vegan cooking with a southern twist.




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Michigan Governor Connects Racism To Anti-Shutdown Protest



Governor Gretchen Whitmer was outraged.




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Megan Thee Stallion Secures First Top 10 Hit With "Savage"



"I really want to cry right now like oh my god!!!!"