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Easley v. Collection Service of Nevada

(United States Ninth Circuit) - Held that a bankruptcy debtor who sought damages for willful violation of the automatic stay was entitled to attorney fees on appeal. When an appeal is necessary to secure such damages, appellate attorney fees and costs should also be granted to a successful debtor, regardless of which party brings the appeal. Reversed the district court's order.




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In re Living Benefits Asset Management LLC

(United States Fifth Circuit) - Held that a contract to provide financial services was voidable because the company had failed to register as an investment adviser, as it was required to do under the Investment Advisers Act. Affirmed a ruling on this question in the company's bankruptcy proceeding.




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Garvin v. Cook Investments NW, SPNWY, LLC

(United States Ninth Circuit) - Affirmed a real estate business's Chapter 11 reorganization plan. Held that the plan was lawfully proposed even though a lessee illegally grew marijuana. Rejected a challenge brought by the United States Trustee.




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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.




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You might need reservations to drive to Maroon Bells this summer with shuttle service “not an option”

With concerns about COVID-19 in mind, the U.S. Forest Service is thinking about swapping public transportation for limited vehicle entry.




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Chambers: Nashville comes in No. 1 in my top NHL cities

In normality, life without hockey is barely tolerable during the quiet months of July and August -- from the time free agency dries up to the start of rookie camp in early September.





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Colorado legislature can resume its regular session after breaking for coronavirus, Supreme Court rules

Colorado lawmakers don't have to meet for 120 consecutive days during a declared public health emergency, the Colorado Supreme Court ruled in a narrow decision Wednesday.




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Colorado lawmakers could return to the Capitol as early as May after breaking for coronavirus

Colorado lawmakers are hopeful that they'll be back at the Capitol as early as May, but they caution that it will depend on the advice of experts and whether the state's state-at-home order is still in place.




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Colorado state employees’ raises at risk because of coronavirus’ economic impact

Colorado lawmakers may forgo raises next year as they anticipate having to make major changes in the overall state budget -- including eliminating raises for all state employees.




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Colorado lawmakers bracing for coronavirus budget hit of up to $3 billion

The state's budget writers are now planning for a shortfall that's measured in billions rather than millions -- taking the possibility of new spending off the table and threatening existing programs.




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Colorado’s Democratic lawmakers call on community, colleagues to denounce hate, bigotry during coronavirus pandemic

Democratic state lawmakers say hate and bigotry are on the rise during the COVID-19 pandemic and they’re asking Coloradans to join them in condemning it.





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JONES v. SERVICE ELECTRIC CABLE TV INC

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




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Cannon v. Village of Bald Head Island

(United States Fourth Circuit) - Affirming the district court's denial of qualified immunity regarding alleged due process violations in the case of the firing of emergency personnel officers involved in a group text-message chain that questioned the competence to perform various emergency services, workout tips, sexual gibes, and other inappropriate content, but concluding that the district court erred in holding that officials were not entitled to qualified immunity as to First Amendment retaliation claims and reversing and remanding on those grounds.




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Ohio Valley Environmental v. Scott Pruitt

(United States Fourth Circuit) - Reversed. Several environmental groups brought suit against the EPA for failing to perform duties under the Clean Water Act as to impaired waters in West Virginia. The district court found that plaintiffs have standing to bring the claim and granted summary judgment in their favor. The appellate court agreed that plaintiffs have standing, but reversed the grant of summary judgment. The appellate court reasoned that the doctrine of constructive submission under 33 USC section 1313(d)(2) which would have triggered the EPA’s duty to act was overcome by West Virginia’s partial compliance and agreement to do more. Therefore constructive submission would not apply and summary judgment improper.




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Ergon-West Virginia, Inc. v. EPA

(United States Fourth Circuit) - Vacated the denial of an exemption from the U.S. Environmental Protection Agency's renewable fuel standard program. A small refinery sought an extension of its exemption from EPA's renewable fuel standard program, which requires refineries and other facilities to allocate a certain percentage of their fuel production to renewable fuels. When the EPA denied the request for an extension, the refinery petitioned the Fourth Circuit, which concluded that the EPA's decision was arbitrary and capricious. The panel therefore vacated the EPA's denial and remanded for further proceedings.




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Hunter v. Town of Mocksville, NC

(United States Fourth Circuit) - Affirmed in part and reversed in part a judgment that three police officers were terminated because they blew the whistle on what they viewed as corruption within a police department. After a jury found in the officers' favor, they appealed certain pre-trial and post-trial rulings. The Fourth Circuit held that the trial judge should not have dismissed the officers' First Amendment claims against the town, and also reversed the judge's conclusion that the town's insurance policy covered only $1 million of the aggregate damages.




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Sierra Club, Inc. v. U.S. Forest Service

(United States Fourth Circuit) - Vacated federal agency decisions approving construction of a natural gas pipeline through a national forest. Several environmental groups challenged the Bureau of Land Management's and U.S. Forest Service's rulings allowing the pipeline to be built. On a petition for review, the Fourth Circuit agreed with the environmental groups that the federal agencies failed to fully comply with the National Environmental Policy Act, the Mineral Leasing Act, and the National Forest Management Act, and therefore the appeals court vacated and remanded to the agencies for further proceedings.




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US Tobacco Cooperative Inc. v. Big South Wholesale of Virginia, LLC

(United States Fourth Circuit) - Held that the United States should be substituted as a party defendant in a lawsuit in which two defendants were tobacco industry businesspeople who had agreed to perform undercover work for the U.S. Bureau of Alcohol, Tobacco, Firearms and Explosives. The question before the Fourth Circuit was whether the United States should be substituted as a party defendant. The panel held that the answer was yes, and thus reversed the district court's ruling on the matter.




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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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Screen Music Connect To Explore The Music Of Film, Television And Interactive Media

Created By James Hannigan, Award-winning Composer And Game Music Connect Co-founder, Screen Music Connect Builds On The Success Of The Sold-out Game Music Conferences






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RTD to reduce service on B-Line, G-Line due to coronavirus pandemic; no change to A-Line service

RTD will add two of its three commuter rail corridors to the long list of bus and train routes set to go undergo frequency reductions starting April 19 due to steep ridership drops resulting from the coronavirus pandemic.




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Coronavirus-induced RTD service reductions start Sunday

Every bus and rail line except for train service to Denver International Airport will see drastically reduced service starting Sunday, as the Regional Transportation District adjusts to a coronavirus pandemic that has gutted its ridership.




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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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SiXforNinE Go Trans-dimensional With New 'Counting Stars' Video & Single

SiXforNinE Go Trans-dimensional With New 'Counting Stars' Video & Single




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Progressive Metal Prodigies SIFTING Announce New Album The Infinite Loop Out September 27, New Music Video & Single

Album Produced By Steve Evetts (The Dillinger Escape Plan, Suicide Silence, Poison The Well), And Mixed By Jamie King (Between The Buried And Me, The Contortionist)




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SIFTING Shred Downtown Los Angeles Rooftops With Smoke Grenades And Progressive Metal In New 'Stop Calling Me Liberty' Music Video

New Album The Infinite Loop Out September 27th, Guest Performance By Derek Sherinian (Sons Of Apollo, Dream Theater)




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SIFTING Reveal Emotional Music Video For Metal-ballad 'Enough'

SIFTING Reveal Emotional Music Video For Metal-ballad 'Enough', New Album Out September 27




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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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On Earth Day, coronavirus gives us glimpse at what it takes to reduce pollution

As people across the globe stay home to stop the spread of the new coronavirus, the air has cleaned up, albeit temporarily. People are also noticing animals in places and at times they don’t usually. When people stay home, Earth becomes cleaner and wilder.





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Editorial: Debate how to respond to COVID-19, of course, but stick to the grim facts of the virus we are facing

Our leaders are making difficult, life-and-death decisions without a complete picture of the severity of this threat or a timeline for how long it could last. It’s easy to second-guess the new rules, suggestions and regulations coming.




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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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Editorial: Ethics in the time of coronavirus

The world has been thrust into an unprecedented time. The White House has estimated that 100,000 to 240,000 Americans could die in the coming months as a new virus sweeps through the nation and that’s if we implement and execute the recommendations from our doctors and scientists. About 700,000 jobs were lost in the U.S. in March as mayors and governors across the nation responded responsibly by forcing all but the most essential businesses to close.




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Editorial: Those inciting unrest in Colorado don’t realize the true threat of the new coronavirus

We understand why unrest is bubbling among those who are unemployed and entrepreneurs who could lose their businesses. But the alternative to stay-at-home orders is allowing the highly contagious new coronavirus to rip through our communities.




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Lubavitch v. Litchfield Historic District Commission

(United States Second Circuit) - Affirmed. Finding that events occurring after judgement was entered do not matter, the panel affirms the district court’s award of attorney’s fees and denial of fees for administrative proceedings.





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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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$558 million in federal coronavirus help arrives on Colorado’s Front Range

In some cases, cities and counties have been hesitant to spend the emergency appropriations, because the federal government hasn't told them exactly how to.





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Arandell Corp. v. CenterPoint Energy Services, Inc.

(United States Ninth Circuit) - Reinstated an antitrust claim against a wholly owned natural gas subsidiary that said it had no knowledge of its parent company's alleged price-fixing scheme that had pumped up the price of gas. The subsidiary argued that it could not be held liable for violating Wisconsin antitrust law because it was not involved in anything unlawful that its parent company may have done. Unpersuaded, the Ninth Circuit emphasized that a parent and a wholly owned subsidiary always act as a single enterprise whenever they engage in coordinated activity, and thus reversed the grant of summary judgment to the subsidiary.



  • Oil and Gas Law
  • Antitrust & Trade Regulation

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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

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Shared Society in Israel–Virtual Conference on April 22nd

From old friend and colleague Ran Kuttner, here is a conference in Israel on shared society (scheduled for April 22nd) that most of us would not get the chance to attend but now can since it will be virtual (and the morning is in English)–the link to registration is here! https://www.facebook.com/events/585091012107455/  




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Cumberland Law Review Call for Papers

From Avery Burns, the new Acquisitions Editor for the Cumberland Law Review. Our theme for Issue 2 of Volume 51 is arbitration, mediation, negotiation, and other forms of the ADR practice. I am reaching out to see if you would be interested in possibly writing an article for the Law Review on any of the … Continue reading Cumberland Law Review Call for Papers




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Make Health, Not War: In Search of Long-Term Survival

From my wonderful Marquette colleague, professor in social and cultural sciences, Alexandra Crampton, who argues that the very metaphors we use make us less likely to succeed in staying healthy:  As the Covid-19 virus circulates, so have war metaphors. UN and national leaders are using a familiar rallying cry to justify their moral authority, calls … Continue reading Make Health, Not War: In Search of Long-Term Survival