vi

Villoldo v. Castro Ruz

(United States First Circuit) - In cross-appeals that arise from the ongoing efforts by two brothers to satisfy a multi-billion dollar judgment they won against the Republic of Cuba and other Cuban parties, the District Court's ruling, that certain assets they seek to attach to satisfy that judgment are not the property of the Cuban government and thus are not subject to attachment in satisfaction of their judgment, is affirmed where: 1) the District Court had the authority to revisit its initial determination that Cuba owned the assets subject to the February 12 turnover order because it was not a final judgment; 2) dismissal was proper because U.S. courts will not give extraterritorial effect to a foreign state's confiscatory law. Denial of defendant's motion for attorney is affirmed.




vi

Andrews v. America's Living Centers, LLC

(United States Fourth Circuit) - In an attorney's fees action, the district court's dismissal of plaintiff's action is reversed where: 1) an award of attorneys' fees are permissible under F.R.C.P. 41(d) ; but 2) the Fair Labor Standards Act does not permit an award of attorneys' fees for defendants and plaintiff's conduct was not undertaken in bad faith, vexatiously, wantonly, or for oppressive reasons.




vi

Double Eagle Energy Services v. MarkWest Utica EMG

(United States Fifth Circuit) - Vacated and remanded. Subject matter jurisdiction is determined when the federal court's jurisdiction is first invoked, so although subsequent changes eliminated the basis for jurisdiction the propriety at the time of filing supported the continuation of the case.




vi

Brock Services LLC v. Rogillo

(United States Fifth Circuit) - Affirmed. A company sued a former employee who went to work for a direct competitor. The Court of Appeals affirmed the district court's grant of a preliminary injunction because there was an employment agreement with a non-compete provision.




vi

Cobb v. Aramark Correctional Services

(United States Seventh Circuit) - Reversed and remanded. The act of handing a complaint to a prison official fulfilled the prison mailbox rule regarding the date of filing.




vi

Ley v. Visteon Corp.

(United States Sixth Circuit) - In a class action securities violation case, dismissal of the action is affirmed where: 1) plaintiffs failed to allege a misrepresentation or omission of material fact regarding claims arising from a spin-off; 2) plaintiffs failed to allege a strong inference of scienter regarding claims arising from a Restatement filed with the SEC; 3) plaintiffs failed to allege a strong inference of scienter on the part of defendant-CPA firm, and thus dismissal of a section 10(b) claim was appropriate; and 4) dismissal of plaintiffs' section 20(a) claim was proper as there was no predicate violation of the securities laws.




vi

Vivendi SA v. T-Mobile USA Inc.

(United States Ninth Circuit) - In an action alleging RICO violations in connection with defendants' acquisition of a Polish telecommunications company, the dismissal of the action on forum non conveniens grounds is affirmed where the relevant evidence and witnesses were located in Poland and plaintiff was engaging in forum-shopping.




vi

Villari v. Mozilo

(California Court of Appeal) - In a shareholder derivative action against officers and directors of Countrywide Financial Corporations, alleging that defendants had mismanaged the company's mortgage lending business and other claims, trial court's dismissal of the complaint is affirmed where: 1) pursuant to the continuous ownership rule, plaintiff had no standing to maintain shareholder derivative claims on behalf of Countrywide after its acquisition by Bank of America Corporation and merger into another corporation; and 2) Arkansas Teacher Retirement System v Caiafa cannot be read to support plaintiff's contention that he has adequately alleged a factual basis for application of the fraud exception to the continuous ownership rule based on dicta in that case.




vi

Latido Music Announces Advisory Board - Notable Execs From Univision, Warner Bros., Cinedigm

Latido Music, The Premiere 24-hour Digital Television Network Dedicated To Latin Music, Has Announced The Formation Of Its Advisory Board




vi

Between Vintage And Electronic: Speakeasy, The New Album By Luke & The Belleville Orchestra

Lemon Slice Records Has Released Speakeasy, The New Album By Luke & The Belleville, A Masterly Integration Between The Swing Of The 1930s And The Most Modern Rhythms And Sounds Of Electronic Music.




vi

Stephanie Ryann Releases Her Official Music Video For "Whiskey Regret"

Rising Country Artist, Stephanie Ryann, Has Released Her First Music Video For The Song "Whiskey Regret" Off Of Her Debut, Self-titled EP To Commemorate The Anniversary Of Its Release Last October




vi

Virginia Uranium, Inc. v. Warren

(United States Supreme Court) - Held that the federal Atomic Energy Act did not preempt a Virginia law prohibiting uranium mining. While six justices agreed that the state ban on uranium mining was not preempted, they divided on broader questions concerning statutory interpretation and preemption doctrine, and thus were unable to agree on the rationale for the decision. Justice Gorsuch delivered a plurality opinion, and several justices concurred in the judgment only.




vi

Gonzalez v Department of Health Care Services

(California Court of Appeal) - Affirmed. Plaintiff appealed from order of the probate court denying their request that special needs trust be distributed to them rather than Department of Health Care Services. Appeals court found Department was entitled to reimbursement for Medi-Cal expenses.




vi

Califonia Communities Against Toxics v. Environmental Protection Agency

(United States DC Circuit) - Petition for review denied. The EPA did not act contrary to the Resource Conservation and Recovery Act in adopting a Transfer-Based Exclusion because hazardous materials are not necessarily "discarded" when they are transferred from a generator to a reclaimer along with payment. The policy was not arbitrary or capricious.




vi

City of Oroville v. Superior Court

(Supreme Court of California) - Reversed. A dental practice contended that the City of Oroville was liable under an inverse condemnation claim because of damage suffered when raw sewage began overflowing from toilets, sinks, and building drains. The lower court found that the city was liable. The Supreme Court disagreed, stating that the dentist could not prove that the damage was substantially caused by the design, construction or maintenance of the sewer system and that the damage could have been prevented if dentists had installed a legally required backwater valve.




vi

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.




vi

DIVINE ASTRONAUT ELECTRO DUO ANNOUNCE LAUNCH. LISTEN TO TEASER FOR ‘UNDONE’

LA Based Electro Duo Divine Astronaut Announce The Launch Of Their New Musical Act With A Teaser Video Of Their Upcoming Single Release ‘Undone’.




vi

Simmons v. Secretary of Health and Human Services

(United States Federal Circuit) - Affirming the denial of attorney fees and costs to a man who sued claiming that he developed Guillain-Barre Syndrome as the result of a flu vaccination because the Court of Federal Claims correctly concluded that there was no reasonable basis for the claim.




vi

Monsanto Company v. Office of Environmental Health Hazard Assessment

(California Court of Appeal) - Affirming the trial court's conclusion that Monsanto and others failed to state a claim in a suit where they averred that Proposition 65's reliance on the International Agency for Research on Cancer's determinations about which chemicals cause cancer improperly granted a foreign entity authority over domestic affairs.




vi

Oliver v. Secretary of Health and Human Services

(United States Federal Circuit) - Affirmed that vaccinations given to an infant did not cause him to develop a seizure condition. The parents of an infant who developed an illness called Dravet syndrome after being vaccinated sued the Secretary of Health and Human Services for compensation under the National Childhood Vaccine Injury Act of 1986. Agreeing with the findings of the U.S. Court of Federal Claims, the Federal Circuit held in a 2-1 decision that the parents failed to show that the infant's injuries were caused by his vaccinations.




vi

Lifewatch Services Inc. v. Highmark Inc.

(United States Third Circuit) - Reinstated a medical device seller's claim that certain Blue Cross Blue Shield health insurance companies violated antitrust law by unreasonably restraining trade in the national market for outpatient cardiac monitors. The seller of a cardiac monitoring device contended that it was shut out of the market because the defendants conspired to deny insurance coverage for its product to shield themselves from patient demand for it. Holding that the seller stated a claim under section 1 of the Sherman Act, the Third Circuit reversed dismissal of the complaint and remanded for further proceedings.



  • Antitrust & Trade Regulation
  • Health Law
  • Drugs & Biotech

vi

Teamsters Local 404 Health Services and Insurance Plan v. King Pharmaceuticals, Inc.

(United States Second Circuit) - Held that it was proper to remand to New York state court a case in which a labor union health plan sought disclosure of a patent dispute settlement agreement between pharmaceutical companies and the generic manufacturer of the EpiPen. Affirmed the district court's remand order, in this special proceeding under New York law seeking pre‐action disclosure.




vi

Minder inhoud & meer meta-communicatie door het coronavirus. Is dat erg?

Het is de maand van de meta-communicatie. Door het coronavirus vertellen we niet meer wat we doen, maar hoe we dat doen. Hoe moeten we thuiswerken met kinderen? Hoe kunnen we een online teammeeting inplannen? Hoe blijven we effectief in deze tijd? Deze vorm van communicatie heeft een naam: meta-communicatie. Wat is meta-communicatie precies? Wat […]




vi

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 […]




vi

De YouTube Video Builder: korte, professionele video’s in 5 stappen

Met de huidige omstandigheden verandert de manier waarop we communiceren met klanten. Video gaat steeds meer een rol spelen. Google speelt hier goed op in en komt met de YouTube Video Builder. Hierdoor wordt het voor ieder midden- en kleinbedrijf mogelijk om zonder kennis van videobewerking of dure videoproductie aan de slag te gaan. Scheelt […]




vi

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.




vi

Afghan Farmers: Coronavirus Means ‘No Choice’ but to Grow Opium

Afghan farmers claim to have “no other choice” but to illegally grow poppies – a lucrative opium crop that fuels the country’s Taliban terror group – amid the economic downturn caused by the Chinese coronavirus pandemic, Radio Free Europe/Radio Liberty (RFE/RL) reported on Friday.




vi

Exclusive--Ken Cuccinelli: 8-in-10 Border Crossers Deported in 2 Hours During Coronavirus

Acting Department of Homeland Security (DHS) Deputy Secretary Ken Cuccinelli says border crossers are being almost immediately returned to Mexico after their crossing into the United States. 





vi

Mark Levin Celebrates Vindication of 'The Broadcast That Will Go Down in History'

Conservative radio host and litigator Mark Levin noted Thursday on The Mark Levin Show that he had been vindicated in his early suspicions that the outgoing Obama administration had staged a "silent coup" against President Donald Trump.




vi

Schumer: Vote by Mail 'Will Be a Very Important Part' of Next Coronavirus Bill

On Friday’s broadcast of MSNBC’s “All In,” Senate Minority Leader Chuck Schumer (D-NY) stated that vote by mail provisions “will be a very important part of the legislation that we’re going to put forward, and we are going to fight




vi

California: Gavin Newsom Orders Vote-by-Mail for November Election

California Gov. Gavin Newsom (D) on Friday signed an executive order permitting all registered voters in the Golden State to vote by mail in the upcoming presidential election, citing health concerns stemming from the Chinese coronavirus epidemic.




vi

Chechen Migrant Drags French Policeman Over 60 Feet to Escape Virus Check

A Chechen migrant was arrested in the commune of Montereau-Fault-Yonne after dragging a police officer 60 feet with his vehicle while trying to escape a Wuhan coronavirus lockdown checkpoint.




vi

Italian Nurse on Coronavirus Frontline Raped by Illegal Migrant After Her Shift

An Italian nurse working on the frontline against the Chinese coronavirus was brutally sexually assaulted by an African migrant after finishing her shift and heading to her home.




vi

Maher: Trump Turning America 'Into a Failed State' 'More Important Than Tara Reade Achieving Closure'

On Friday’s broadcast of HBO’s “Real Time,” host Bill Maher discussed the sexual assault allegations made by Tara Reade against 2020 Democratic presidential candidate former Vice President Joe Biden and stated that the matter is a he said, she said,




vi

Sanders: 'It Would Be an Economic Disaster' if Trump Didn't Fund Postal Service and It 'Went Under'

On Friday’s broadcast of MSNBC’s “All In,” Sen. Bernie Sanders (I-VT) discussed what kind of economic stimulus should be passed to respond to the coronavirus and stated that it would be “an economic disaster” if President Trump didn’t fund the




vi

Cotton: Chinese Government Made a 'Conscious Decision' to Allow Coronavirus to Get Outside Its Borders

Friday on Fox News Channel's "Your World," Sen. Tom Cotton (R-AR) argued when determining how and whether or not China was responsible for coronavirus global pandemic, it was undeniable China allowed the virus to spread beyond its borders.




vi

Hawaii Reports No New COVID-19 Cases as Businesses Begin Reopening

For the first time in eight weeks, Hawaii has reported no new statewide cases of COVID-19, leaving the total case count since the beginning of the pandemic at 629.




vi

Pressure Mounts on Pennsylvania Gov. Tom Wolf as Even Democrats Now Question Coronavirus Shutdown

Pressure is increasing on Gov. Tom Wolf (D) to reopen Pennsylvania, even among Democrats, as it is revealed that the vast majority of recent coronavirus deaths in the state occurred at nursing homes or personal care facilities, the Morning Call revealed this week.




vi

Despite Reported Under-Counts, Mexico Surpasses 3,100 Coronavirus Fatalities

Mexican health officials admitted to surpassing 3,100 COVID-19 related-deaths as cases continue to rise nationwide. The reports come despite repeated accusations of the government downplaying the true scope of the coronavirus pandemic




vi

Kenyan Governors: We Can't Control Coronavirus with Open Border

Kenya's regional governors are calling on national authorities to close the country's borders as illegal migration from surrounding countries has caused an increase in imported coronavirus cases, Kenyan newspaper the Nation reported on Thursday.








vi

73 Percent of U.S. Adults Say China Bears Responsibility for American Coronavirus Deaths

Nearly three-fourths of U.S. adults say China bears responsibility for American coronavirus deaths, a Morning Consult tracker poll released Friday revealed.




vi

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.




vi

Marshall's Locksmith Service v. Google, LLC

(United States DC Circuit) - Held that Google, Microsoft and Yahoo were not liable for allegedly conspiring to flood the market of online search results with information about so-called scam locksmiths, in order to extract additional advertising revenue. The Communications Decency Act barred this lawsuit brought by more than a dozen locksmith companies. Affirmed a dismissal.




vi

UK's Debut Album To Be Released On Limited Edition 180 Gram Vinyl

It Will Be Released On April 21st, And Available Exclusively To Record Store Day Participating Retailers Worldwide.




vi

French Singer Ned Has Released The Video For Her Single 'Give Me More'

The Video Was Released On April 25th