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Johnson v. Rimmer

(United States Seventh Circuit) - Affirmed. The district court's grant of summary judgment in favor of two individual defendants in a Fourteenth Amendment case arising from the self-mutilation of a man held at a medical health complex was upheld. There was insufficient evidence of their culpability.




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Fox v. JAMDAT Mobile, Inc.

(California Court of Appeal) - In a stockholder's suit against a company and individual directors, claiming that both the acquisition process, and the common stock arising from the acquisition were unfair, the judgment of the trial court is affirmed in part, reversed in part and remanded where: 1) the doctrine of shareholder ratification does not bar the intervenor's claims; 2) the intervenor's complaint, which consists of a single cause of action states facts sufficient for a cause of action for breach of fiduciary duties as to the individual directors; and 3) trial court's judgment sustaining the demurrer as to the company is affirmed.




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Varjabedian v. Emulex Corporation

(United States Ninth Circuit) - Affirming a district court conclusion in a putative securities class action relating to a corporate merger that the Securities Exchange Act does not create a private right of action for shareholders confronted with a tender offer and dismissing the complaint as to one defendant, who was not a proper defendant, holding that the Exchange Act requires a showing of negligence rather than scienter for the claims brought, and remanding for the district court to reconsider the defense motion to dismiss under the negligence standard.




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ProgStock Festival, The American Northeast's Only Progressive Rock Music Festival, Returns To The Union County Performing Arts Center, Rahway, NJ, October 11-13, 2019

ProgStock Festival Was Founded To Give Artists And Fans In The Genre Of Progressive Rock A Place To Play




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Nat Jay Releases First Single "Sleep" Off Forthcoming Full-length Album

Vancouver-based Singer-songwriter And Recording Artist Nat Jay Releases Electro Pop Song "Sleep"




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Ananya Joins Forces With Sean Kingston For 'Day Goes By'

One Of The First Collaborations Between Major Artists From India And The West




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New Jersey Rock Band Scores Endorsement And Big Shows

NJ Rock Band Triple Addiction Scores A Guitar Endorsement And Books Some Big Shows.




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City of Hearne v. Johnson

(United States Fifth Circuit) - Vacate and dismiss. Appeal from the denial of a qualified immunity for the city attorney in a Section 1983 suit. Appeals court found Plaintiff has no standing to pursue the claim in federal court.




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Rodriguez v. City of San Jose

(United States Ninth Circuit) - Affirmed. District court granted summary judgment to Defendant police department against Plaintiff’s claim of civil rights violations for seizure of firearms from residence and failure to return them.




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Wilson v. County of San Joaquin

(California Court of Appeal) - Reversed. Plaintiff pled no contest to a felony charge of child abuse for injuries to his infant son, but filed this suit against Defendant, Fire Department, for the emergency medical aid that allegedly led to the death of his infant son. Defendant filed a summary judgment motion that was granted by the trial court on the grounds of government immunity. The appeals court held that government immunity applies to situations where fire fighters are supplying firefighting services, not emergency medical services.




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People v. Jefferson

(California Court of Appeal) - Remand for sentencing. Judgment affirmed. The appeals court directed the trial court to exercise its discretion regarding a determination to run sentences concurrently or not and to consider dismissing sentence enhancements based on Senate Bills 620 and 1393.




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A.J. Fistes Corp. v. GDL Best Contractors, Inc.

(California Court of Appeal) - Reversed and remanded. The trial court sustained the Defendant’s demurrer without leave to amend to Plaintiff’s third amended complaint. The appellate court held that Plaintiff made a sufficient showing for leave to amend and directed Plaintiff to amend their complaint consistent with this opinion.




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Howard Jarvis Taxpayers Assn. v. Newsom

(California Court of Appeal) - Affirmed. The court found that Senate Bill No. 1107 directly conflicts with Political Reform Act of 1974 and does not further the purposes of the Act.




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Merzbow Joins Forces With Haino And Pandi On Blisteringly Intense Improv 'Become The Discovered, Not The Discoverer' On RareNoiseRecords

Kindred Spirits Met When Japanese Noise Legend Merzbow Got Together In The Studio With Fellow Countryman Keiji Haino And Drummer Balazs Pandi For A New Recording On RareNoiseRecords




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JES Release New Crossover Track "We Belong To The Night"

JES, The Voice That Melts The Heart Of The Dance Floor Steps Into Fall With A New Song "We Belong To The Night" And A Brand New Vibe!




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Mexico's Mike Rosales Releases "Just Feel"

Mexico's Mike Rosales Seeks To Rock The Underground House Scene With "Just Feel".




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Jazz Pharmaceuticals Inc. v. Amneal Pharmaceuticals LLC

(United States Federal Circuit) - Affirmed a finding of patent claim invalidity involving certain claims related to a drug distribution system for tracking prescriptions of sensitive drugs, such as those with addictive properties. In affirming, the Federal Circuit held that the Patent Trial and Appeal Board did not err and that its determination, on inter partes review, that the patents were invalid was obvious.




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Khoja v. Orexigen Therapeutics, Inc.

(United States Ninth Circuit) - Reversed in part the dismissal of a securities fraud class action alleging that a biotechnology firm misrepresented to investors the status of a clinical drug trial. An investor brought this suit contending that the company and certain top executives violated Section 10(b) of the Securities Exchange Act of 1934. On appeal, the Ninth Circuit held that the district court erred in part in dismissing the complaint for failure to state a claim. The panel also ruled that the district court abused its discretion in judicially noticing certain facts and in incorporating certain documents into the complaint.




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Nooit meer braaf: waarom je als personal brand met een rauw randje meer succes hebt

Als je als personal brand, als zelfstandig ondernemer online wil groeien, dan weet je vast al dat je elke dag weer moeten werken aan dat mensen je gaan kennen, dat ze je leuk gaan vinden en dat ze je gaan vertrouwen. Precies: know, like en trust. Je doet dit via je blogs, je webteksten, je […]




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10x populair: videobellen via Zoom, purpose tijdens pandemie & SEO-teksten

Welke whiteboard-tools kun je online gebruiken, hoe kun je veilig videobellen via Zoom, en wat is de beste bedrijfsstrategie tijdens de coronacrisis? Dit – en meer – zijn de best gelezen artikelen op Frankwatching in de maand april. 1. Zoom & privacy: zo kun je veilig videobellen [how to] Zoom stond de afgelopen weken vol […]




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4 formules voor een pakkende inleiding van je blog of artikel

In dit artikel leer je een pakkende inleiding voor jouw blogartikelen te schrijven. Ik deel vier van mijn favoriete technieken, leg ze allemaal beknopt uit en geef bij elke techniek een praktisch voorbeeld. Als SEO-specialist heb ik al honderden blogartikelen geschreven en gebruik ik deze technieken dagelijks! Waarom is een pakkende inleiding belangrijk? Bij het […]




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SEO & corona: op deze punten moet je focussen

Webshops draaien op volle toeren en het zoekgedrag is enorm veranderd. Het zijn ook vreemde tijden voor SEO-specialisten, iets wat we nog maar weinig meegemaakt hebben. Dit heeft een enorme impact op de manier waarop SEO-specialisten te werk moeten gaan. Samen met Jan-Willem Bobbink, Dieuwerke Antoons en Diantha van Surksum heb ik enkele tips neergetypt […]




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Bedrijfsupdates tijdens corona: zo blijf je zichtbaar in Google

Nu we middenin de coronacrisis zitten en we voorlopig ook nog steeds met de beperkende maatregelen hebben te maken, hebben veel bedrijven het moeilijk. We weten niet hoe lang de situatie nog zo blijft. Als er op een bepaald moment nieuwe ontwikkelingen zijn, zoals een versoepeling van de maatregelen, dan wil je natuurlijk zo snel […]




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De betrokkenheid van de klant in het digitale, post-coronatijdperk

De coronacrisis heeft een grote impact op de manier waarop we op dit moment met elkaar omgaan. Dat deze crisis een enorme boost gaat geven aan de digitale transformatie, is wel duidelijk. Maar wat zijn de consequenties van deze digitale versnelling voor de relatie tussen organisaties en hun klanten? Gaan we straks weer terug naar […]




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Corona: het is tijd om je contentmarketingstrategie aan te passen

Moet je nu wel of niet over corona publiceren? Zijn consumenten verzadigd als het gaat om coronagerelateerde content, of kun je ze er juist mee helpen? Ik merk dat ik corona-content een beetje uit de weg ga. Over het algemeen word ik er niet veel vrolijker van, dus ik maak liever ruimte voor andere onderwerpen. […]




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Wanneer kies je voor online bij het bereiken & betrekken van inwoners?

Van gemeenten wordt anno 2020 verwacht dat zij inwoners betrekken bij participatietrajecten, zijzelf dienen vooral een faciliterende rol op zich te nemen. Maar hoe maak je als gemeente hierin de juiste keuzes: organiseer je een fysieke bewonersbijeenkomst of kies je voor een online raadpleging? Uit het onlangs gepubliceerde onderzoek ‘Staat van Betrokkenheid 2020’ van onderzoeks- […]




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6 redenen om juist wél in de avond actief te zijn op social media

Ben je ook zo benieuwd waarom het ene socialmedia-account moeizaam enkele likes bij elkaar schraapt? En het andere een levendige community is met veel bereik? Verschillende elementen dragen bij aan meer activiteit op je socialmedia-kanaal. Ik ontdekte: actief zijn in de avond kan een groot verschil maken. Dit is eigenlijk heel logisch. Juist ‘s avonds […]




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Alyssa Milano Promotes Debunked Jimmy Kimmel Video Maligning Mike Pence: 'F*ck the GOP and This Administration'

Actress and left-wing activist Alyssa Milano has promoted a deceptively edited video about Vice President Mike Pence that was created by late-night talk show host Jimmy Kimmel -- even though the video has been debunked and Kimmel has publicly apologized for it.





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Charles Hurt: 'Demand Justice' Fight Back -- Against Judges Who Like the Constitution

Anti-democratic Democrats opened up a new front in their relentless war on an independent judiciary in America.




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Hans von Spakovsky: Flynn Still Needs Liberal Judge to Accept Dropped Charges

Discretion over acceptance of the DOJ's bid to drop charges against Michael Flynn lies with a left-wing judge, explained Hans von Spakovsky.




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Tom Fitton: Michael Flynn Got Justice Because He had Lawyers Willing to Push Back Against DOJ, FBI

President of Judicial Watch Tom Fitton told Breitbart News that General Michael Flynn only got justice because he had lawyers who "insisted upon it" and pushed back "against the entire political class" in Washington, D.C.




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Afghanistan Has Freed over 900 Taliban Jihadis So Far in Prisoner Swap

Afghanistan's government has freed 933 Taliban prisoners since the terrorists agreed to a peace deal with the U.S. in February, Pakistani newspaper Dawn reported on Friday.




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Mavrix Photographs, LLC. v LiveJournal, Inc.

(United States Ninth Circuit) - In a copyright dispute arising out of photographs posted online on defendant's social media website, the district court's summary judgment that defendant was entitled protected by the safe harbor of the Digital Millennium Copyright Act is reversed where: 1) the safe harbor set forth in 17 U.S.C. section 512(c) would apply if the photographs were posted at the direction of users; 2) defendant posted the photographs after a team of volunteer moderators, led by an employee of the defendant, reviewed and approved them; 3) the common law of agency applied to the defendant's safe harbor defense; and 4) there were genuine factual disputes regarding whether the moderators were the defendant's agents.




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James v. J2 Cloud Services

(United States Federal Circuit) - Reversing the dismissal of a claim for correction of inventorship and state law claims for lack of jurisdiction in the case of a man claiming to be the sole inventor of a patent for accepting incoming messages over a circuit switched network and transmitting it over a packet switched network because the assignment of the patent did not necessarily preclude the plaintiff from retaining ownership rights over the patent that would support the suit.




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People v. Jacobo

(California Court of Appeal) - Affirmed judgment, but remanded for sentencing on certain counts. Defendant convicted of 60 sex offenses, including human trafficking, contacting a minor with intent to commit a sexual offense, and sending harmful matter to a minor. Defendant argued on appeal that there was insufficient evidence to support convictions. Appeals court held that six of Defendant’s convictions must be reduced to sending harmful material to a minor.




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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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Jimenez-Sanchez v. Dark Horse Express, Inc.

(California Court of Appeal) - Held that the trial court erred in denying class certification to truck drivers bringing wage and hour claims against their employer. Reversed and remanded for further proceedings, explaining that errors were made in analyzing whether predominantly common issues existed.




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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.




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Home Depot U.S.A., Inc. v. Jackson

(United States Supreme Court) - On a question of civil procedure, held that a third-party counterclaim defendant -- that is, a party brought into a lawsuit through a counterclaim filed by the original defendant -- may not remove a class-action counterclaim from state court to federal court. Justice Thomas, joined by the four liberal justices, delivered the opinion of a 5-4 Court in this debt collection lawsuit.




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Jeffries v. Volume Services America, Inc.

(United States DC Circuit) - Reversed and Remanded. The district court improperly dismissed a lawsuit in which a woman's credit card number and expiration date were printed on a receipt for lack of standing. The risk of identity theft was sufficient injury to support standing.




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Ahmad Javon Lane Is Ready To Pose For The Camera

Singing Songwriter Ahmad Formally "thisisjavon" Is Ready To Strike A Pose For The Camera And Get Sexy For A Same-Sex Bachelors




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New From Mz J4ZZIE 'Philomena' Featuring Sona

The Afrobeat/Afrorap Genre’s Rise Has Really Gone On Leaps And Bounds Over The Last Few Years.




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Heimlich v. Shivji

(Supreme Court of California) - Clarified how California Code of Civil Procedure section 998 (relating to pretrial settlement offers) is used in arbitration. Held a request for costs under that provision is timely if filed with the arbitrator within 15 days of a final award. In response to such a request, an arbitrator has authority to award costs to the offering party. However, if an arbitrator refuses to award costs, judicial review is limited.



  • Dispute Resolution & Arbitration

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Union of Medical Marijuana Patients v. City of San Diego

(Supreme Court of California) - Reversed. The City of San Diego authorized medical marijuana dispensaries. It decided that the dispensaries did not constitute a project for the purposes of the California Environmental Quality Act, so an environmental review was not necessary. Plaintiff challenged the failure to conduct an environmental review. The appeals court agreed with the City’s assessment. The Supreme court ruled that an improper test was applied under Public Resources Code section 21065 to determine whether a review was necessary or not. The case was remanded for further proceedings.




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Ceraphin Radio Network's IJazzy Classical To Air Broadway Musical Songs

IJazzy Classical Is Haiti’ Only Jazz Radio Station.




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Orozco v. WPV San Jose, LLC

(California Court of Appeal) - Held that a restaurant offering gourmet hot dogs was entitled to prevail in its tort lawsuit against a shopping center for intentionally concealing a crucial fact, which was that another hot dog restaurant would be one of the other lessees. Affirmed in part and reversed in part after a trial.





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‘Just Be Courteous’ — CapRadio Answers Your Questions About Anxiety, Who To Listen To And What Precautions To Take As The Stay-At-Home Orders Begin to Lift

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:

Experts:

Sarah Jaquette Ray - Author, A Field Guide to Climate Anxiety: How to Keep Your Cool on a Warming Planet 

Paul Smaldino - Assistant Professor of Cognitive Science at UC Merced. He studies the interaction between individual behavior and social organization, with a perspective rooted in evolutionary ecology and complex systems.

Holly MartinezDirector of Programs and Advocacy with the California State Parks Foundation.

Kathyrn G. Kietzman - research scientist at the UCLA Center for Health Policy Research. Emphasis in elder health. 

John Swartzberg - an infectious disease specialist at the UC Berkeley School of Public Health.

How to find meaning within this crisis and how to fight off anxiety

Make a list.

That’s the advice Sarah Jaquette Ray is giving people who are dealing with anxiety because of the pandemic. The list should include all the things that are going well, because it will hopefully lift you out of the mundane. 

“Every morning I try to write down a couple of things that I'm going to look forward to that day,” Ray said. “Even if it's as simple as like making lunch for my kids or something dumb like calling my mom … it kind of marks points in my day that are a little bit more redolent with meaning for myself.”

The goal is to milk the value out of what we can control in our lives, Ray said. She recently wrote a book about climate anxiety and she says COVID-19 isn’t too different. 

“Climate change is going to unleash a lot more pandemics,” she said. “There's a direct kind of scientific connection. But in terms of the immediate threat that we feel with COVID, most people don't really feel that with climate change.”

She says people should see pandemics as part of climate change. But she says not to get too caught up in that and think about ways to overcome anxiety. She recommends only consuming media so often, because it can be overwhelming, disruptive and confusing for people.  

“We should be really thoughtful about the media that we consume and be quite disciplined about that because the media that we're consuming is known for trying to capture our negative attention,” she said. “We are also more inclined neurologically to focus on negative news … so we really need to be deliberate about the media that we consume.”

Lastly she says people should focus on what they can control because “that will distract us from a lot of the anxiety and worry, which is going to be there anyway.”

Precautions moving forward

With so many recommendations out there from local, county and state leadership, CapRadio decided to ask public health experts about how to go about life as the economy reopens. 

John Swartzberg, an infectious disease specialist at the UC Berkeley School of Public Health, says it can be hard to know what to do because there is no recent playbook on how to deal with the pandemic. 

“So the next best thing is to turn to people who are making decisions based upon good solid data as opposed to the kind of information we're getting out of the White House,” Swartzberg said.

He applauds how California dealt with bending the curve and he says “we can’t shelter in place forever,” but going back to work may mean a second wave of transmissions. As the pandemic lingers and some people return to their jobs he says it’s still important to socially distance, to use masks and to wash your hands. 

“I worry that people think that if they're wearing a mask, they don't have to be very careful … and that's not the case,” he said. “The mask will help prevent somebody else from transmitting it to you.”

But he says California hasn’t tested enough people and that “without rigorous testing, we may see the curve starting to go up, then we immediately have to pull back.”

Swartzberg reiterated that the virus is still here and we don't know what percentage of the American population has already been infected with it.

“Our best guesses are somewhere between 3 and 5%, which means there's somewhere between 95 and 97% of the American population still susceptible to this virus,” he said. “Nothing has substantially changed since this pandemic began. Nothing.

“It's hard to believe it won't happen, that people are going to get infected in large numbers again.”

Paul Smaldino, a professor who studies collective social behavior at UC Merced, is also concerned a second wave could take place. He recommends taking any precaution you can because this is about protecting each other. 

“Wearing a mask is going to dramatically decrease the chance that you infect someone else; and I think that framing often gets lost,” he said. “You should also think about the fact that if you're sick, you have a responsibility to other people to not infect them. Not just because you're a nice person or whatever, but because we are all part of a society.”

He recognizes needs are different for each community. For example, a rural town might need different rules than a metropolis.

“We also need to remember that we're connected, right?” he questioned. “Just because you live in a low population area doesn't mean you don't have the possibility of infecting someone or being infected by someone in a high population area, even if you yourself aren't going between those areas [because] people still travel.”

How do vulnerable communities move ahead? 

CapRadio also received a lot of questions about seniors and disadvantaged communities that are more prone to catching COVID-19. Some said they’re “scared about more infections and the disproportionate impact on people of color.” Others have illnesses or are of an age that make them more vulnerable and are “not not sure when it will be actually safe to go out or when can we allow family members to visit?”

Kathryn Kietzman studies elder care at UCLA and says it’s very important that vulnerable communities take extra precaution. That may mean staying indoors a lot longer than everyone else. 

“I think that seniors and people of all ages with health conditions need to really proceed with caution and to not assume that because things are starting to open up that means we're free and clear,” she said. 

Because there's so many unknowns, like when a vaccine will be available, she says it’s important for seniors and their loved ones to stay the course.

Kietzman says “it’s a big risk to” open up the economy, because “you can't bring back a life. So, for me, the scales need to be balanced toward protecting and saving lives at all costs.”

For anyone dealing with sickness or 65 years of age or older she recommends talking to your doctor before you follow any order saying you can leave your home. 

“They may be able to help you without you having to leave your home to get evaluated,” she said. “Seniors and others with underlying health conditions that need attention, need to consult a doctor … to find out what can be done in response to their immediate health needs.”

She says it’s still very important to keep seniors in mind and to help them, because they will most likely be the last people to undergo a lifting of stay-at-home orders. 

“If stores are opening up that weren't open before, and an older adult has a need for something, enlist a family member or enlist a caregiver to get those things,” she said. “I would still recommend staying as close to the original stay at home guidelines as possible.”

For any seniors needing someone to chat with she recommends calling the Friendship Line. It’s a 24-hour hotline designed for older adults to have someone to reach out to when feeling anxious or to get information. That number is 1-888-670-1360

Is it safe to go out into the natural world?

Californians love the outdoors. It’s been hard for many to shelter-in-place when some of the best trails, parks and beaches in the world are so close by. 

CapRadio listeners who enjoy the outdoors or live in rural areas are concerned as well. They are worried about people bringing the coronavirus to places like Lake Tahoe, which could have lasting effects on the economy there.

There’s been a lot of confusion, or desire, about where people can recreate during the shelter-in-place orders. Holly Martinez, director of programs and advocacy with the California State Parks Foundation, says that’s because “most Californians don't typically understand the difference between a city, county, regional, state or national park.”

Martinez’s advice is simple. Check to see if the area you want to visit is open before you leave. And if you’re sick stay home no matter what the order for your area is. 

“Don't go outside — that is a really important thing even if you have face covering or gloves, it's just better to be safe than sorry to not expose other people to whatever illness you might have,” she said.

If you are feeling well and choose to hike a trail or visit a beach she says only go with the people you live with. 

“Don't take that risk to expose others who might be carrying the virus and not even know it,” she said. 

When people go outside she recommends wearing a mask and gloves, especially when visiting areas with lots of people. She also says to bring hand sanitizer and lots of water because fountains will likely not be running.  

When hiking, visiting a park or laying out at the beach she says to stay six feet away from people and to make sure your presence is known.

“If you're approaching somebody, simply say hello and move aside giving the other person six feet of space to move by,” she said. “Just be courteous … and be very communicative about your presence so that people are clear that you're there and that we're respecting each other's space so that we can all enjoy these incredible places.”

CapRadio's Helga Salinas contributed to this report.




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Jeffries v. Volume Services America, Inc.

(United States DC Circuit) - Reversed and Remanded. The district court improperly dismissed a lawsuit in which a woman's credit card number and expiration date were printed on a receipt for lack of standing. The risk of identity theft was sufficient injury to support standing.