(United States Ninth Circuit) - In a tort action brought by a court-appointed receiver against defendant accountants who audited the financial statements of PEMGroup, whose former directors and managers defrauded $950 million from investors, the district court's grant of summary judgment to defendants is affirmed where the receiver failed to raise a genuine issues as to causation by failing to show that the involved companies or its investors relied on the audits at issue.

(United States Seventh Circuit) - Held that a construction company's surety (an insurance company) may not augment its contractual indemnification rights with the ancient doctrine of quia timet -- equitable protection from probable future harm. The construction company allegedly had gone belly up on a government project. Affirmed summary judgment against the surety's claim.

(United States Fifth Circuit) - On rehearing of a dispute between two creditors, held that Louisiana's non-resident attachment statute allows for attachment in aid of arbitration. Further held that subject matter jurisdiction existed here under the Convention on the Recognition and Enforcement of Foreign Arbitral Awards. Vacated and remanded.

(California Court of Appeal) - Held that the City of Pomona violated the terms of a 1993 ballot initiative prohibiting the construction of additional billboards within city limits. A citizen group challenged the city council's decision to extend a pre-existing agreement with an outdoor advertising company when the arrangement expired in 2014. Affirmed the granting of a writ of mandate.

(United States Seventh Circuit) - Held that a construction company's surety (an insurance company) may not augment its contractual indemnification rights with the ancient doctrine of quia timet -- equitable protection from probable future harm. The construction company allegedly had gone belly up on a government project. Affirmed summary judgment against the surety's claim.

(United States Third Circuit) - In a section 1983 suit against several county entities and individuals, alleging various constitutional violations, including defendant's retaliation against plaintiff for publicly opposing of defendant's reelection as the President of the Moosic, Pennsylvania Borough Council, the district court's decision denying defendant's claim to qualified immunity is reversed where he is entitled to qualified immunity because his conduct, even if plaintiff's allegations are true, did not violate clearly established law.

The Music Artist Known As Young Trap Has Released His Latest Album, “Hustle And Glow.”

(United States Seventh Circuit) - Held that a construction company's surety (an insurance company) may not augment its contractual indemnification rights with the ancient doctrine of quia timet -- equitable protection from probable future harm. The construction company allegedly had gone belly up on a government project. Affirmed summary judgment against the surety's claim.

(United States Fifth Circuit) - On rehearing of a dispute between two creditors, held that Louisiana's non-resident attachment statute allows for attachment in aid of arbitration. Further held that subject matter jurisdiction existed here under the Convention on the Recognition and Enforcement of Foreign Arbitral Awards. Vacated and remanded.

Conscious Music Entertainment Celebrates Eight Years Influencing Entertainment To Be Conscious Concerning Lyrics And Music Youth Might Hears.

Collection Of Folk, Pop, World And Jazz Originals Tells A Tale Of Love In Many Guises;

Now is the time for the governor to reign in unelected officials, take back his order, re-work it, and immediately begin to restore freedom and responsibility to Colorado businesses to save our state.

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

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

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

The park said it's seeing mid-summer crowds already.

(United States First Circuit) - Affirmed a sentence for possessing a firearm while subject to a qualifying court restraining order. The defendant, who had pleaded guilty, argued that the district court failed to properly consider mitigating factors in sentencing him to 33 months. The First Circuit found no error in his sentence.

The park said it's seeing mid-summer crowds already.

Two of Colorado’s top offensive linemen from the 2019 season are in the midst of preparing for the NFL Draft.

In June of 2016, Tyler Lytle made the journey from his home in California to Boulder so he could personally tell Colorado coaches that he wanted to play for them.

Kevin had mad money stolen from him.

The R&B singer wows the crowd at the BET Awards Pre-Show.

The rapper however does not apologize.

The music icon shared the news on social media.

The R&B singer wows the crowd at the BET Awards Pre-Show.

The NBA has since suspended all games.

The NBA player spoke out via a statement.

Utah Jazz players were diagnosed on March 11.

The leak was a HIPPA violation.

The Talk discusses shame hanging over career-driven women.

The U.S. Federal Highway Administration has an opening for a position that closes June 1, 2020.

University of California Pavement Research and National Center for Sustainable Transport have postponed the International Symposium on Pavement Life Cycle Assessment from June 3-6, 2020 to January 13-15, 2021 in Sacramento, CA. TRB is pleased to cosponsor this event. The symposium will focus on the implementation of Life Cycle Assessment (LCA) for pavements. The workshop address the implementation of LCA in pavement operations at the network and project levels.

Additional new series for the 2020-2021 season will be announced at a later date.

A few weeks ago, the US telecom industry began pushing a bullshit narrative through its usual allies. In short, the claim revolves around the argument that the only reason the US internet still works during a pandemic was because the Trump FCC ignored the public, ignored most objective experts, and gutted itself at the behest of telecom industry lobbyists. The argument first popped up over at AEI, then the Trump FCC, then the pages of the Wall Street Journal, and has since been seen in numerous op-eds nationwide. I'd wager that's not a coincidence, and I'd also wager we'll be seeing a lot more of them.

All of the pieces try to argue that the only reason the US internet works during a pandemic is because the FCC gutted its authority over telecom as part of its "restoring internet freedom" net neutrality repeal. This repeal, the story goes, drove significant investment in US broadband networks (not remotely true), resulting in telecom Utopia (also not true). The argument also posits that in Europe, where regulators have generally taken a more active role in policing things like industry consolidation and telecom monopolies, the internet all but fell apart (guess what: not true).

Usually, like in this op-ed, there's ample insistence that the US broadband sector is largely wonderful while the EU has gone to hell:

"Unlike here, European networks are more heavily regulated. This has led to less investment and worse performance for consumers for years. American consumers are being generally well served by the private sector."

Anybody who has spent five minutes talking to Comcast customer support -- or tried to get scandal-plagued ISP like Frontier Communications to upgrade rotten DSL lines -- knows this is bullshit. Still, we penned a lengthy post exploring just how full of shit this argument is, and how there's absolutely zero supporting evidence for the claims. The entire house of cards is built on fluff and nonsense, and it's just ethically grotesque to use a disaster to help justify regulatory capture and market failure.

While it's true that the US internet, in general, has held up relatively well during a pandemic, the same can't be said of the so called "last mile," or the link from your ISP's network to your home. Yes, the core internet and most primary transit routes, designed to handle massive capacity spikes during events like the Superbowl, has handled the load relatively well. The problem, as Sascha Meinrath correctly notes here, is sluggish speeds on consumer and business lines that, for many, haven't been upgraded in years:

"Right now, an international consortium of network scientists is collecting 750,000 U.S. broadband speed tests from internet service provider (ISP) customers each day, and we’ve been tracking a stunning loss of connectivity speeds to people’s homes. According to most ISPs, the core network is handling the extra load. But our data show that the last-mile network infrastructure appears to be falling down on the job."

Again, your 5 Mbps DSL line might be ok during normal times, but it's not going to serve you well during a pandemic when your entire family is streaming 4K videos, gaming, and Zooming. And your DSL line isn't upgraded because there's (1) very little competition forcing your ISP to do so, and (2) the US government is filled to the brim with sycophants who prioritize campaign contributions and ISP revenues over the health of the market and consumer welfare. And while there's a contingency of industry-linked folks who try very hard to pretend otherwise, this is a policy failure that's directly tied to mindless deregulation, a lack of competition, and, more importantly, corruption. In short, the complete opposite of the industry's latest talking point.

For years we've been noting how US telcos have refused to repair or upgrade aging DSL lines because it's not profitable enough, quickly enough for Wall Street's liking. Facing no competition and no regulatory oversight, there's zero incentive for a giant US broadband provider to try very hard. Similarly, because our lawmakers and regulators are largely of the captured, revolving door variety, they rubber stamp shitty mergers, turn a blind eye to very obvious industry problems, routinely throwing billions in taxpayer money at monopolies in exchange for fiber networks that are usually only partially deployed -- if they're deployed at all.

Meanwhile, US telcos that have all but given up on upgrading aging DSL lines have helped cement an even bigger Comcast monopoly across vast swaths of America. It's a problem that the telecom sector, Trump FCC, and various industry apologists will ignore to almost comical effect. Also ignored is the fact that this results in US broadband subscribers paying some of the highest prices for broadband in the developed world:

"Numerous studies, including those conducted by the FCC itself, show that broadband pricing is the second-largest barrier to broadband adoption (availability is the first). It’s obvious that if people are being charged a lot for a service, they’re less likely to purchase it. And independent researchers have already documented that poor areas often pay more than rich communities for connectivity. Redlining of minority and rural areas appears to be widespread, and we need accurate pricing data from the FCC to meaningfully address these disparities."

Try to find any instance where Ajit Pai, or anybody in this chorus of telecom monopoly apologists, actually admits that the US broadband market isn't competitive and, as a result, is hugely expensive for businesses and consumers alike. You simply won't find it. What you will find are a lot of excuses and straw men arguments like this latest one, designed to distract the press, public, and policymakers from very obvious market failure. Market failure that was a major problem in normal times, and exponentially more so during a pandemic where broadband is an essential lifeline.

At Let Grow, a wise mom named Kate Sundquist admits that while her kids were already good at playing, they certainly weren’t good at filling hours and hours of free time, playing by themselves. (Read the piece here.) So she her and boys created a schedule. “While these routines might seem restrictive or even the […]

Fibroblasts are key effector cells in tissue remodeling. They remain persistently activated in fibrotic diseases, resulting in progressive deposition of extracellular matrix. Although fibroblast activation may be initiated by external factors, prolonged activation can induce an “autonomous,” self-maintaining profibrotic phenotype in fibroblasts. Accumulating evidence suggests that epigenetic alterations play a central role in establishing this persistently activated pathologic phenotype of fibroblasts. We demonstrated that in fibrotic skin of patients with systemic sclerosis (SSc), a prototypical idiopathic fibrotic disease, TGF-β induced the expression of DNA methyltransferase 3A (DNMT3A) and DNMT1 in fibroblasts in a SMAD-dependent manner to silence the expression of suppressor of cytokine signaling 3 (SOCS3) by promoter hypermethylation. Downregulation of SOCS3 facilitated activation of STAT3 to promote fibroblast-to-myofibroblast transition, collagen release, and fibrosis in vitro and in vivo. Reestablishment of the epigenetic control of STAT3 signaling by genetic or pharmacological inactivation of DNMT3A reversed the activated phenotype of SSc fibroblasts in tissue culture, inhibited TGF-β–dependent fibroblast activation, and ameliorated experimental fibrosis in murine models. These findings identify a pathway of epigenetic imprinting of fibroblasts in fibrotic disease with translational implications for the development of targeted therapies in fibrotic diseases.

Systemic sclerosis (SSc) is an autoimmune fibrotic disease whose pathogenesis is poorly understood and lacks effective therapies. We undertook quantitative analyses of T cell infiltrates in the skin of 35 untreated patients with early diffuse SSc and here show that CD4+ cytotoxic T cells and CD8+ T cells contribute prominently to these infiltrates. We also observed an accumulation of apoptotic cells in SSc tissues, suggesting that recurring cell death may contribute to tissue damage and remodeling in this fibrotic disease. HLA-DR–expressing endothelial cells were frequent targets of apoptosis in SSc, consistent with the prominent vasculopathy seen in patients with this disease. A circulating effector population of cytotoxic CD4+ T cells, which exhibited signatures of enhanced metabolic activity, was clonally expanded in patients with systemic sclerosis. These data suggest that cytotoxic T cells may induce the apoptotic death of endothelial and other cells in systemic sclerosis. Cell loss driven by immune cells may be followed by overly exuberant tissue repair processes that lead to fibrosis and tissue dysfunction.

Video from Thabo Meerkat, transcribed

Welcome to another edition of Digging Up Positivity! This episode is dedicated to the many volunteers that make all those amazing conventions and charities possible. But besides them, we are covering some animation news and other (maybe otter?) tidbits!

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Video from Thabo Meerkat, transcribed

Hey there, and welcome to the April 2020 edition of Digging Up Positivity from a rapidly changing world. But even in these weird times, there are still a lot of positive things to be found!

read more