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US v. Johnson

(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.




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In re Johnson and Johnson Talcum Powder Products Litigation

(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.




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Jutrowski v. Township of Riverdale

(United States Third Circuit) - Held that a motorist who was kicked in the face during his arrest, breaking his eye socket, could pursue conspiracy claims against the four police officers at the scene, all of whom denied kicking him or seeing who did. The motorist did not know which of the officers had kicked him. The Third Circuit held that this doomed his excessive-force claim. However, the panel allowed him to continue litigating his claim of an unconstitutional after-the-fact conspiracy to cover up misconduct, reversing summary judgment in relevant part.  




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Benjamin v SSA

(United States Fifth Circuit) - Reversed and remanded. Plaintiff received over-payment of Social Security disability payments and the SSA sought to recoup the over-payment. Plaintiff claimed that the SSA collected the over-payment before considering plaintiff's waiver request. Plaintiff also filed for bankruptcy and lodged an adversarial proceeding against the SSA which the bankruptcy court dismissed. The issue for the Fifth circuit was whether the bankruptcy court had jurisdiction to hear plaintiff's claims. The Fifth circuit ruled that the bankruptcy court had jurisdiction and remanded to the bankruptcy court.




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Williams v. Jaffe

(United States Seventh Circuit) - Reversed. A debtor's property cannot be excluded from the bankruptcy estate in cases involving contingent future interests.





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Jon Gray, Rockies edge Reds in MLB The Show 20

With the start of the Major League Baseball season postponed due to the coronavirus pandemic, we here at The Denver Post took a look at how the Rockies would fare in MLB The Show 20 on PlayStation 4. We will have a story for every game that had been scheduled until real-life baseball returns. Here’s a look at the virtual Rockies’ preseason preview. Entering Friday's game, the Rockies were 24-12.




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JONES v. SERVICE ELECTRIC CABLE TV INC

(US 3rd Circuit) - No. 19-2522




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US v. Jesus Alejandro Chavez

(United States Fourth Circuit) - Affirmed the convictions of the defendants for all crimes charged against them, including violent crimes in the aid of racketeering. Defendants alleged errors and Brady violations. The court held that a Brady claim must establish evidence that was favorable to the accused, suppressed, and material to the verdict, but did not find that there was any such evidence rising to the level of a Brady exclusion.




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T.B., Jr. v. Prince George's County Board of Education

(United States Fourth Circuit) - Affirmed that a school district did not deprive a former student of his rights under the Individuals with Disabilities Education Act. The student claimed he should have been identified as a candidate for special education and that the school district failed to provide him a free appropriate public education. While agreeing that the school district had committed a procedural violation of the Act, the Fourth Circuit agreed with the district court that the violation did not actually deprive the student of a free appropriate public education.




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Avant-Garde Label Maybe Noise Launches In Beijing

The Official Launch Will Be On May 26 At Magnet Theater With A Performance Supporting Its First Vinyl Release: Píng Zè




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THE WEEKLY INJECTION: New Releases From WINTERFYLLETH, BRANT BJORK, and More Out Today - May 8

This week's new heavy metal releases include some more deeper cuts than normal with riffs, blast beats, fuzz, and more!
To the metals...

The post THE WEEKLY INJECTION: New Releases From WINTERFYLLETH, BRANT BJORK, and More Out Today - May 8 appeared first on Metal Injection.







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Construction speeds up on I-70 and I-25, but other Colorado projects may be doomed by coronavirus

Big highway projects along the Front Range have taken advantage of the unprecedented weeks-long lull in traffic set off by the coronavirus pandemic by speeding up some work.




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Soundstripe Hires J.R. McNeely As Mix Engineer

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




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Welcome BlackFaceNaija To The Ordior Rights Management Roster!

Ordior Has Signed BlackFaceNaija For A World Wide Exclusive Publishing And Administration Agreement!




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Versatile Haitian American Singer/Songwriter Natalie Jean Wins Versatile Artist Of The Year!!

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.




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Jon Gray, Rockies edge Reds in MLB The Show 20

With the start of the Major League Baseball season postponed due to the coronavirus pandemic, we here at The Denver Post took a look at how the Rockies would fare in MLB The Show 20 on PlayStation 4. We will have a story for every game that had been scheduled until real-life baseball returns. Here’s a look at the virtual Rockies’ preseason preview. Entering Friday's game, the Rockies were 24-12.




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Country Singer Johnny Jolin Apologizes For 'Twitter Distraction'

Politically Fueled Debate Leads To A Rogue Social Media Employee




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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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You can pay to have one of these Erie sanctuary animals join your next video conference call

Look at that face!




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Editorial: Jails, prisons, courts must act to stop coronavirus spread

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.




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P.J. v. Conn. Bd. of Educ.

(United States Second Circuit) - Affirmed in part, vacated in part. Affirming that a court is not barred from considering additional attorney fees in cases involving settlement agreements, but disagreeing with the application of the standard in the instant case.




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Jeffrey Siegel, et al. v. HSBC North America Holdings, Inc. and HSBC Bank USA, N.A.

(United States Second Circuit) - Affirmed. The district court granted Defendants’ motion to dismiss for failure to state a claim. Plaintiffs failed to plausibly allege that the defendants knowingly aided or abetted November, 2005 attacks in Jordan.




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32BJ N. Pension Fund. v. Nutrition Mgmt. Servs.

(United States Second Circuit) - Vacated and remanded. Finding NMSC did not agree to be bound to the trust agreement until it executed an amendment to the collective bargaining agreement in 2014, the delinquency policy’s interest rate did not apply.





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How lobbyists and panicked Denverites kept liquor stores and marijuana dispensaries open during coronavirus

A large lobbying effort mobilized almost immediately. Conducted outside the public’s view, its goal was to keep hundreds of stores open, thousands of Denverites employed, and entire industries functioning across the city.





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Federal judge in Denver rules funding cannot be withheld from law enforcement by using immigration-related terms in grants

The U.S. Justice Department can not withhold millions of dollars in federal funding to Colorado law enforcement agencies by attaching immigration-related terms and conditions to securing the grants according to a federal judge's ruling.




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Puerto Rico Telephone Co. v. San Juan Cable

(United States First Circuit) - In an antitrust action, alleging that defendant's petitioning of the Puerto Rico Telecommunications Regulatory Board, government officials and tribunals, and commonwealth and federal courts to prevent plaintiff's application to provide internet protocol television service violated the Sherman Act, the district court's grant of summary judgment to defendant is affirmed where the facts of the case don't subject defendant to the sham exception of the Noerr-Pennington doctrine protecting the right to petition the government.




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US v. Joyce

(United States Ninth Circuit) - Affirmed a criminal conviction for violating antitrust laws where the defendant was convicted of conspiring to suppress and restrain competition by rigging bids. Defendant argued that the matter should be adjudicated under a rule-of-reason analysis. However, because bid rigging is a per-se violation of the Sherman Act, the Ninth Circuit held that the district court did not err by refusing to allow evidence of the alleged ameliorative effects of his conduct.



  • Antitrust & Trade Regulation
  • Criminal Law & Procedure

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Negotiation Journal : most recent two issues

I won’t pretend to keep up with everything being written in the ADRsphere if you will promise the same. Having confessed that, and consistent with the regret implied in that confession, I thought I would offer an easy-to-skim Table of Contents view of the last two issues of Negotiation Journal – – a publication I commend … Continue reading Negotiation Journal : most recent two issues




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Chipotle just opened its first drive-thru in Colorado, another one is on the way

"Chipotlanes" are rolling out across the country, at a time when customers can't dine in and want more pickup and delivery options.




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Jimenez-Castaner v. Liberty Mutual Insurance Co.

(United States First Circuit) - Reinstated a lawsuit alleging that an insurance company wrongfully denied coverage to a hospital medical director under a Directors and Officers insurance policy. The insurer argued that the loss was not within the scope of the insurance policy because it pre-dated the policy. Unpersuaded, the First Circuit vacated the entry of summary judgment for the insurer and remanded the case for further proceedings.




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Peaje Investments LLC v. Financial Oversight and Management Board for Puerto Rico

(United States First Circuit) - Held that a Puerto Rico Highways and Transportation Authority bondholder did not hold a statutory lien on certain toll revenues. The bondholder contended that, in response to Puerto Rico's financial crisis, the Puerto Rican government was diverting toll revenues to which the bondholder was entitled under a lien and using them for purposes other than paying the bonds. However, the First Circuit concluded that the bondholder held no statutory lien on the toll revenues.




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US v. London, Jr.

(United States First Circuit) - Affirmed. A motion to correct a 1996 sentence as a career offender was not timely because the motion asserts a right not recognized in caselaw.




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JORDAN ST.CYR WINS ARTIST OF THE YEAR AT TALENT CONTEST

Canadian Singer Jordan St.Cyr Has Been Selected As Artist Of The Year At The 1st Annual Christian International Talent Contest.




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Canadian Producer CJ Stain Tackles Social Injustice With Hit Single 'One'

Award Winning Canadian ProduceCJ Stain Tackles Social Injustice With Hit Single 'One' With Gender Culture




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CANADIAN JORDAN ST.CYR RELEASES NEW SINGLE IN U.S. MARKETS

Canadian Singer Jordan St.Cyr, Who Recently Was Selected As CMUnited’s Artist Of The Year At The 1st Annual Christian International Talent Contest, Is Releasing A New Single To U.S. Christian Radio




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Watch these Colorado contestants on “The Price Is Right,” “Jeopardy!”

Looking for TV to watch while stuck at home? Catch Colorado contestants Joe Harrison and Natalie Hathcote on "The Price Is Right" and "Jeopardy!"




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“The Last Dance” director talks project on Michael Jordan’s Chicago Bulls

The series was moved up two months to provide content-starved fans with something new to watch during the coronavirus pandemic. ESPN was originally planning to release the documentary in June, coinciding with what would have been this season’s NBA Finals.





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Nicolas Cage to star as Joe Exotic in limited TV series

The Joe Exotic phenomenon keeps growing, with Nicolas Cage to star in a TV miniseries about the colorful wild animal owner made famous by the “Tiger King” docuseries.




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Chipotle just opened its first drive-thru in Colorado, another one is on the way

"Chipotlanes" are rolling out across the country, at a time when customers can't dine in and want more pickup and delivery options.




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Kiszla vs. O’Halloran: Would John Elway be dumb to draft for need in first round?

In the first round, Mark Kiszla wants the best player available, with the most Pro Bowl potential, regardless of position, every single time. Is that the right approach?




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Kiszla: John Elway’s riskiest draft choice in 2020 is Drew Lock as right answer at quarterback

Unless quarterback Drew Lock is all that and a bag of chips, John Elway is going to look stupid, no matter how wisely the Broncos choose in the NFL draft.




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Kiszla: In most crucial NFL draft for John Elway, here’s what Broncos need to get back in playoffs

After 10 years, has John Elway finally figured out the NFL draft? Broncos Country better hope so.