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Liberty Woods International, Inc. v. Motor Vessel Ocean Quartz

(United States Third Circuit) - Affirming the dismissal of an in rem suit filed against a ship for cargo damage sustained in transit because liability for the damage was covered by the carrier's bill of lading, which included a forum selection clause requiring suit be brought in South Korea because although South Korean courts would not allow an in rem suit, the plaintiff could have brought an in personam suit and chose not to do so for strategic reasons and the foreign forum selection clause did not violate the Carriage of Goods by Sea Act.




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Harmoni International Spice, Inc. v. Hume

(United States Ninth Circuit) - Revived a RICO lawsuit brought by importers of garlic who alleged that rival importers had conspired to harm their businesses. Reversed a dismissal in relevant part and remanded.




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Prime International Trading Ltd., et al. v. BP PLC, et al

(United States Second Circuit) - Affirmed. The application of the Commodity Exchange Act to alleged misconduct in trading of crude oil extracted from Europe’s North Sea is impermissibly extraterritorial.




national

Soarus LLC v. Bolson Materials International Corp.

(United States Seventh Circuit) - Held that a company did not violate a nondisclosure agreement by including particular information in a patent application for a 3D printing process. Affirmed summary judgment against a breach-of-contract claim brought by the other party to the nondisclosure agreement, a distributor of specialty polymers.




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National Collegiate Athletic Association v. Governor of the State of New Jersey

(United States Third Circuit) - In a case to determine whether SB 2460, which the New Jersey Legislature enacted in 2014 (2014 Law) to partially repeal certain prohibitions on sports gambling, violates federal law the district court's judgment that the 2014 Law violates the Professional and Amateur Sports Protection Act (PASPA), 28 U.S.C. sections 3701-3704, is affirmed where PASPA, but its terms, prohibits states from authorizing by law sports gambling, and the 2014 Law does exactly that.




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National Football League Management Council v. National Football League Players Association

(United States Second Circuit) - In a dispute arising out of the alleged improper use of deflated footballs by professional football athlete Tom Brady, the District Court's vacation of the NFL Commissioner's award confirming the discipline of Brady, based upon the court's finding of fundamental unfairness and lack of notice, is reversed where: 1) the Commissioner properly exercised his broad discretion under the collective bargaining agreement; and 2) his procedural rulings were properly grounded in that agreement and did not deprive Brady of fundamental fairness.



  • Labor & Employment Law
  • Sports Law
  • Dispute Resolution & Arbitration

national

National Collegiate Athletic Association v. Governor of the State of New Jersey

(United States Third Circuit) - In an appeal to determine where whether SB 2460, which the New Jersey Legislature enacted in 2014 to partially repeal certain prohibitions on sports gambling, violates federal law, the District Court's holding that the 2014 Law violates the Professional and Amateur Sports Protection Act (PASPA), 28 U.S.C. sections 3701-3704, is affirmed where PASPA by its terms, prohibits states from authorizing by law sports gambling, and the 2014 Law does exactly that.




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Finkelman v. National Football League

(United States Third Circuit) - Reversing a district court determination that a man complaining that the NFL's policies relating to the sale of SuperBowl tickets violated New Jersey law lacked subject matter jurisdiction and deferring action on the merits of the appeal pending a decision by the Supreme Court of New Jersey on a petition for certification of questions of state law, retaining jurisdiction over the appeal pending resolution of the certification.




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Dent v. National Football League

(United States Ninth Circuit) - Held that federal labor law did not preempt retired football players' claims that the National Football League encouraged them to take pain-masking medications without warning them of the drugs' risks. The NFL contended that the players' claims were preempted by sections 301 of the Labor Management Relations Act. Rejecting the league's argument, the Ninth Circuit concluded that, as pleaded, the players' negligence and other state law claims did not arise from collective bargaining agreements or require their interpretation. The panel therefore reversed dismissal of the proposed class action suit.



  • Labor & Employment Law
  • Sports Law
  • Injury & Tort Law

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Spinelli v. National Football League

(United States Second Circuit) - Reinstated sports photographers' copyright infringement claims against the National Football League and the Associated Press. Seven photographers who make a living taking photos of NFL events alleged that thousands of their photos were exploited without a license and without compensating them in any way. Vacating in part and remanding, the Second Circuit held that some of the photographers' claims were plausibly pleaded.




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Northrop Grumman Technical Service, Inc. v. DynCorp International LLC

(United States Fourth Circuit) - Affirming the remand of a case involving a dispute between a government contractor and its subcontractor because the party seeking to remove to federal court filed an untimely notice to remove and had waived its right to remove by engaging in substantive defensive action in state court prior to filing a notice of removal by filing counterclaims in state court.




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Alliance for Open Society International, Inc. v. US Agency for International Development

(United States Second Circuit) - Held that the U.S. government could not constitutionally deny funding to fight HIV/AIDS abroad based on a foreign organization's failure to adopt a policy explicitly opposing prostitution and sex trafficking. Affirmed the issuance of a permanent injunction on First Amendment grounds. The government had been interpreting a related 2013 Supreme Court decision narrowly.




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International Brotherhood of Teamsters, Local 848 v. City of Monterey Park (First Transit, Inc.)

(California Court of Appeal) - Revived a labor union's claim that a municipality violated a law concerning contract bidding when it hired a new private company to operate its municipal bus system. Reversed a dismissal and remanded, in this case involving a statutory bidding preference tied to labor rights.




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McMillin Homes Construction Inc. v. National Fire and Marine Insurance Co.

(California Court of Appeal) - Held that an insurance company owed a duty to defend a general contractor who was being sued by homeowners over alleged roofing defects. The case involved a commercial general liability insurance policy issued to a roofing subcontractor. Reversed the decision below.




national

Spinelli v. National Football League

(United States Second Circuit) - Reinstated sports photographers' copyright infringement claims against the National Football League and the Associated Press. Seven photographers who make a living taking photos of NFL events alleged that thousands of their photos were exploited without a license and without compensating them in any way. Vacating in part and remanding, the Second Circuit held that some of the photographers' claims were plausibly pleaded.




national

Malibu Textiles, Inc. v. Label Lane International, Inc.

(United States Ninth Circuit) - Revived a textile company's copyright infringement claims accusing certain competitors of illegally copying its floral lace designs. Reversed dismissals.




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Gold Value International Textile Inc. v. Sanctuary Clothing, LLC

(United States Ninth Circuit) - Held that a clothing manufacturer could not proceed with a copyright infringement lawsuit against a competitor that allegedly copied a fabric design because the copyright registration was invalid due to knowingly inaccurate paperwork. Affirmed summary judgment for the defendants.




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Sierra Club v. National Park Service

(United States Fourth Circuit) - Vacated actions taken by two federal agencies that provided necessary approvals for the Atlantic Coast Pipeline. When the Fish and Wildlife Service and the National Park Service granted certain environmental authorizations that were needed to construct the 600-mile pipeline, which is designed to transport natural gas from West Virginia to the eastern portions of Virginia and North Carolina, environmental groups filed a petition for review of the agencies' actions. Agreeing with the environmental groups that both agency decisions were arbitrary and capricious, the Fourth Circuit vacated both administrative rulings.




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American Bankers Association v. National Credit Union Administration

(United States DC Circuit) - Remanded. A final rule issued by the National Credit Union Administration intended to make it easier for community credit unions to expand their coverage that was opposed by bankers was largely affirmed, but remanded to consider a portion that might impact poor and minority urban residents.




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Fidelity National Financial, Inc. v. Friedman

(United States Ninth Circuit) - Reversed and remanded. The district court’s order vacating a registered judgement is reversed, holding that a court need not have personal jurisdiction over a judgment debtor in order to “merely register” a previously obtained judgment.




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Timlick v. National Enterprise Systems, Inc.

(California Court of Appeal) - Held that a debt collector could cure its failure to use a minimum type-size in consumer collection letters. However, this did not justify the dismissal of the entire class action complaint here. Reversed and remanded.




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International Duo Channels Past And Present To Win Best Rock Act At World’s Largest Indie Music Awards

Follow No One, Colorado-based Vocalist Rich Hall And Portuguese Guitarist Pedro Murino Almeida, Won Best Rock Act At The 2019 JMAs In Dollywood.




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Internationally Acclaimed Soul Artist CORNELL “CC” CARTER To Release New Single “I SEE LOVE” From Upcoming Album ABSOULUTELY

CC Is Now Set To Unleash His Highly Anticipated New Single “I SEE LOVE” On All Digital Services August 9, 2019.




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The International Radio Festival Announce Final Line Up Of Radio Stations

Broadcasting From Piazza D'Armi In Valletta, Malta




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Internationally Syndicated Radio Show And European Academy Of Country Music Announce Year End Chart

"Whiskey And Cigarettes" Country Radio Show, In Association With The European Academy Of Country Music (EACM) Has Announced Their Top 30 Of 2018 Year-end Chart. The Show Is Syndicated On More Than 25




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U.S. Bank National Association v. Bank of America N.A.

(United States Second Circuit) - Held that a bank's breach-of-contract lawsuit against another bank should not have been dismissed on timeliness grounds. Also addressed choice‐of‐law issues. Remanded for further proceedings.




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Emmis Communications Corporation v. Illinois National Insurance Company

(United States Seventh Circuit) - Reversed and remanded. The district court's entry of summary judgment for a company on a claim of breach of contract against an insurer was overturned because of the court's interpretation of the clause "as reported" to mean a report had been made, rather than referencing events that had already occurred at the time of the drafting.




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Zabriskie v. Federal National Mortgage Association

(United States Ninth Circuit) - Held that Fannie Mae is not a consumer reporting agency and thus could not be sued over a false credit report. Consumers alleged that the government-sponsored mortgage market entity had provided false information about their credit history via a software tool it provides for mortgage lenders to use. In a 2-1 decision, the Ninth Circuit concluded that Fannie Mae was entitled to summary judgment because it did not fall within the definition of a consumer reporting agency under the Fair Credit Reporting Act.




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Deadline Upcoming: USArtists International 2016-2017

USArtists International Provides Grants To Ensembles And Individual Performers In Music Invited To Perform At Significant International Festivals




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Fidelity National Financial, Inc. v. Friedman

(United States Ninth Circuit) - Reversed and remanded. The district court’s order vacating a registered judgement is reversed, holding that a court need not have personal jurisdiction over a judgment debtor in order to “merely register” a previously obtained judgment.




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International Duo Channels Past And Present To Win Best Rock Act At World’s Largest Indie Music Awards

Follow No One, Colorado-based Vocalist Rich Hall And Portuguese Guitarist Pedro Murino Almeida, Won Best Rock Act At The 2019 JMAs In Dollywood.




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Arctic Glacier International, Inc. v. Arctic Glacier Income Fund

(United States Third Circuit) - Affirmed the dismissal of a lawsuit brought by investors of a bankrupt company who claimed they were entitled to dividend payments. The investors, who purchased their shares with notice of the bankruptcy, claimed that the company and several of its officers were liable for failing to pay them a dividend they were owed. Rejecting their arguments, the Third Circuit held that the investors were bound by the reorganization plan, including its releases of liability.




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Arctic Glacier International, Inc. v. Arctic Glacier Income Fund

(United States Third Circuit) - Affirmed the dismissal of a lawsuit brought by investors of a bankrupt company who claimed they were entitled to dividend payments. The investors, who purchased their shares with notice of the bankruptcy, claimed that the company and several of its officers were liable for failing to pay them a dividend they were owed. Rejecting their arguments, the Third Circuit held that the investors were bound by the reorganization plan, including its releases of liability.





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Sierra Club v. National Park Service

(United States Fourth Circuit) - Vacated actions taken by two federal agencies that provided necessary approvals for the Atlantic Coast Pipeline. When the Fish and Wildlife Service and the National Park Service granted certain environmental authorizations that were needed to construct the 600-mile pipeline, which is designed to transport natural gas from West Virginia to the eastern portions of Virginia and North Carolina, environmental groups filed a petition for review of the agencies' actions. Agreeing with the environmental groups that both agency decisions were arbitrary and capricious, the Fourth Circuit vacated both administrative rulings.




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The 2018 MIDEM Silk Road International Music Alliance Signing

International Music Industries Signing Of A Mutual Resource Sharing Agreement With Shanghai Conservatory Of Music & The China Records Group




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ATLAS AIR INC v. INTERNATIONAL BROTHERHOOD OF TEAMSTERS 1224

(US 2nd Circuit) - August Term 2018 Docket No. 18-1086




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Prime International Trading Ltd., et al. v. BP PLC, et al

(United States Second Circuit) - Affirmed. The application of the Commodity Exchange Act to alleged misconduct in trading of crude oil extracted from Europe’s North Sea is impermissibly extraterritorial.




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International Longshore and Warehouse Union v. ICTSI Oregon, Inc.

(United States Ninth Circuit) - Affirming the district court's dismissal of an antitrust claim alleging anti-competitive activities engaged in by a labor union and a multi-employer collective bargaining association, holding that nonstatutory exemption, the Noerrr-Pennington doctrine, and Sherman Act immunized defendants' activities.



  • Antitrust & Trade Regulation
  • Labor & Employment Law

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Harmoni International Spice, Inc. v. Hume

(United States Ninth Circuit) - Revived a RICO lawsuit brought by importers of garlic who alleged that rival importers had conspired to harm their businesses. Reversed a dismissal in relevant part and remanded.




national

Prime International Trading Ltd., et al. v. BP PLC, et al

(United States Second Circuit) - Affirmed. The application of the Commodity Exchange Act to alleged misconduct in trading of crude oil extracted from Europe’s North Sea is impermissibly extraterritorial.




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CLOUZINE International Music Magazine Continues To Discover And To Promote Indie Talents From All Over The World. More To Be Featured In Clouzine's Next Issue #17

Clouzine Discovers And Promotes Indie Talents Part Of Discoveries (#16) Tremendous (UK), Jennifer Mlott (USA), And King Fally (Nigeria).




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Plixer International, Inc. v. Scrutinizer GMBH

(United States First Circuit) - Held that the exercise of specific personal jurisdiction over a German company in a trademark infringement action did not violate due process. The German company, which operated an English-language website, argued that it lacked the requisite minimum contacts with the United States. Disagreeing, the First Circuit affirmed the district court's ruling that the exercise of personal jurisdiction was constitutional.




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National Federation of the Blind v. Container Store, Inc.

(United States First Circuit) - Affirmed the denial of a retail chain's motion to compel arbitration of a proposed class action brought by blind customers. The retailer moved to compel arbitration of the discrimination lawsuit, citing an arbitration provision in the terms and conditions of a loyalty program of which the individual plaintiffs were members. However, the district court concluded that the arbitration provision was not enforceable here, and the First Circuit found no error in that ruling.




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“Book of Mormon” cancels Denver summer dates amid national tour’s demise

The Tony-winning, nationally touring Broadway musical "The Book of Mormon" on Tuesday canceled its Denver dates amid a cross-country shutdown related to the coronavirus pandemic.




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Colorado Air National Guard to honor coronavirus first responders with F-16 flyovers

Jet pilots from the Colorado Air National Guard will do flyovers across the state Wednesday evening to salute people fighting on the front lines of the war against COVID-19, authorities said.




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Jesse Eisenberg is coming to this year’s Boulder International Film Fest

Actor Jesse Eisenberg will appear at the Boulder International Film Festival (BIFF) on March 7 for a screening of his new film, "Resistance."




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CSU kicks off construction of 3-building “Spur” complex as part of National Western Center makeover

The groundbreaking celebration will have to wait, but construction is starting on the first of three buildings that will make up Colorado State University's complex at the National Western Center in Denver.




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Loveland pipe bomb suspect served in special forces with Colorado National Guard

The Loveland man who was arrested after the FBI discovered four homemade pipe bombs in his house served 13 years with the Colorado National Guard in special forces and rose to the rank of captain. 




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Burna Boy Wins Best International Act



Burna Boy's mom accepts an award for Best International Act.