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What You Need to Know About Adoption Consultants | Shelley Skuster




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What Alison Roman wants - The New Consumer




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'What are we doing this for?': Doctors are fed up with conspiracies ravaging ERs

"I left work and I felt so deflated," one doctor said about an effort to counter misinformation he saw on Facebook. "I let it get to me."Breaking News EmailsGet breaking news alerts and special reports. The news and stories that matter, delivered weekday mornings.




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De Bruyne may consider City future if 2-year European ban is upheld




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Ontiveros v. Constable

(California Court of Appeal) - In a case in which a minority shareholder sued a majority shareholder, reversed and remanded with directions to reinstitute a special proceeding under Corporations Code section 2000.




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Centex Homes v. R-Help Construction Co., Inc.

(California Court of Appeal) - Held that a subcontractor hired to install utility boxes in a residential subdivision had a contractual duty to defend the developer from a personal injury claim alleging that the plaintiff fell into a defectively constructed utility box. Reversed and remanded.




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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.




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Landmark American Insurance Co. v. Deerfield Construction, Inc.

(United States Seventh Circuit) - Affirmed. An insurer that did not receive timely notice of an accident could not be compelled to provide coverage.




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Bridgepoint Construction Services, Inc. v. Newton

(California Court of Appeal) - Affirmed an order disqualifying an attorney from representing a client due to a conflict of interest. The attorney argued that there was no conflict, but the California Second Appellate District concluded otherwise. The panel stated that when an attorney represents more than one client, all of whom seek damages from a pool of money controlled by another party, the conflict is self-evident: there might not be enough money to satisfy each client's claim.



  • Ethics & Professional Responsibility

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Ontiveros v. Constable

(California Court of Appeal) - In a case in which a minority shareholder sued a majority shareholder, reversed and remanded with directions to reinstitute a special proceeding under Corporations Code section 2000.




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New York State Department of Environmental Conservation v. Federal Energy Regulatory Commission

(United States Second Circuit) - Denying a petition for review by the New York State Department of Environmental Conservation seeking to vacate two orders of the Federal Energy Regulatory Commission authorizing a company to construct a natural gas pipeline in New York and determining that the Department waived its authority to provide a water quality certification for the pipeline project under Section 401 of the Clean Water Act.




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Optimum Techs., Inc. v. Henkel Consumer Adhesives, Inc.

(United States Eleventh Circuit) - In dispute arising out of distributorship agreement and competing adhesive products for floor coverings, judgment for defendants is affirmed over claims that the district court erred in granting: 1) partial summary judgment for defendants on plaintiff's claims of trademark infringement and unfair competition; 2) summary judgment in favor of defendants on plaintiff's claims of breach of confidential relationship, breach of fiduciary duty, fraudulent concealment, fraud, and negligent misrepresentation; and 3) granting defendants' renewed motion for judgment as a matter of law on plaintiff's trademark and unfair competition claims, due to a lack of evidence establishing plaintiff's damages.




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Secalt, S.A. v. Wuxi Shenxi Construction Machinery Co., Ltd.

(United States Ninth Circuit) - In a suit claiming that the defendant's traction hoists infringed the trade dress of the plaintiffs' traction hoist, the district court’s grant of summary judgment, its finding of exceptionality, and its award of attorney’s fees under the Lanham Act are affirmed, where the plaintiffs did not present evidence sufficient to create a triable issue as to the nonfunctionality of its claimed trade dress, but the district court's award of non-taxable costs and certain taxable costs is reversed.




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Alpha Painting & Construction v. Delaware River Port Auth.

(United States Third Circuit) - In a case arising from a bitter bidding dispute for a contract to strip and repaint the Commodore Barry Bridge, in which the contracting agency rejected the lowest bidder-plaintiff because it determined that plaintiff was not a 'responsible' contractor, the district court's judgment in favor of plaintiff is: 1) affirmed in part where the district court did not err in ruling that defendant acted arbitrarily and capriciously; but 2) vacated in part where the district court abused its discretion in directing defendant to award the contract to plaintiff.




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Garco Const. Inc. v. Sec'y of the Army

(United States Federal Circuit) - In an appeal of a decision of the Armed Services Board of Contract Appeals denying plaintiff's damages claim arising out of its contract with the U.S. Army Corps of Engineers to build housing units on Malmstrom Air Force Base, the Board's decision is affirmed where there was no change to the base access policy that forced additional costs.




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Cal. Taxpayers Action Network v. Taber Construction

(California Court of Appeal) - In a reverse validation action under Code Civ. Proc. section 863 challenging the propriety of school districts' use of lease-leaseback agreements in contracting for construction or improvement of school facilities, the trial court's judgment sustaining defendants' demurrer is: 1) reversed in part as to the conflict of interest claim where plaintiff has stated a claim of conflict of interest against the construction company-defendant sufficient to withstand a demurrer; but 2) otherwise affirmed.




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Cochise Consultancy, Inc. v. US ex rel. Hunt

(United States Supreme Court) - Clarified the statute of limitations in qui tam lawsuits. Justice Thomas delivered the Court's unanimous opinion in this case involving the False Claims Act.




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Raam Construction, Inc. v. Occupational Safety and Health Appeals Board

(California Court of Appeal) - Held that a general building contractor did not file a timely court challenge to a citation issued by government inspectors who found a safety violation at a job site. Affirmed dismissal of the contractor's petition for a writ of mandate.




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Acosta v. Hensel Phelps Construction Co.

(United States Fifth Circuit) - Held that the U.S. Secretary of Labor has authority under the OSHA statute to issue a citation to a general contractor at a multi-employer construction worksite who controls a hazardous condition at that worksite, even if the condition affects another employer's employees. Criticized a circuit precedent, Melerine v. Avondale Shipyards, Inc., 659 F.2d 706 (5th Cir. 1981), which had held that the Act protects only an employer's employees.




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Aspic Engineering and Construction Co. v. ECC Centcom Constructors, LLC

(United States Ninth Circuit) - Held that an arbitrator made an "irrational" decision in a contract dispute between two government contractors. Affirmed the district court's vacatur of the arbitration award, in this case involving contracts to construct buildings and facilities in Afghanistan.




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Centex Homes v. R-Help Construction Co., Inc.

(California Court of Appeal) - Held that a subcontractor hired to install utility boxes in a residential subdivision had a contractual duty to defend the developer from a personal injury claim alleging that the plaintiff fell into a defectively constructed utility box. Reversed and remanded.




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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.




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Hoyt v. Lane Construction Corp.

(United States Fifth Circuit) - In a wrongful death lawsuit, revived a claim that a construction company's faulty road repairs resulted in icing that led to a fatal motor vehicle crash. Reversed a summary judgment ruling. Also, addressed a dispute regarding the existence of removal jurisdiction.




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Consolidation Coal Co. v. Office of Workers' Compensation Programs

(United States Seventh Circuit) - Upheld a federal agency's decision that a former coal miner was entitled to benefits under the Black Lung Benefits Act. His former employer, a coal company, had challenged the benefits award.




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Center for Biological Diversity v. California Department of Conservation

(California Court of Appeal) - Rejected an environmental advocacy group's challenge to an environmental impact report prepared by the California Department of Conservation addressing the effects of hydraulic fracturing and other well stimulation treatments. Affirmed the denial of writ relief.




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Idaho Conservation League v. Wheeler

(United States DC Circuit) - Petition denied. The Environmental Protection Agency's decision not to issue financial responsibility requirements for the hardrock mining industry was permitted because the agency's interpretation of "risk" received deference and their decision not to regulate was authorized.




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Center for Biological Diversity v. Department of Conservation

(California Court of Appeal) - Affirmed that an environmental group was not entitled to a writ of mandate directing the California Department of Conservation to order the immediate closure of oil and gas wells injecting fluids into certain underground aquifers. The environmental group argued that the department had violated its duty under the federal Safe Drinking Water Act to protect the aquifers. Unpersuaded, the First Appellate District held that the trial court properly denied the petition for a writ of mandate.




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Center for Biological Diversity v. California Department of Conservation

(California Court of Appeal) - Rejected an environmental advocacy group's challenge to an environmental impact report prepared by the California Department of Conservation addressing the effects of hydraulic fracturing and other well stimulation treatments. Affirmed the denial of writ relief.




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In re: Nickelodeon Cons. Privacy Litig.

(United States Third Circuit) - In a consolidated multi-district class action against Google and Viacom raising concerns over online privacy, the district court's dismissal of most of plaintiffs' claims are affirmed in part and reversed in part. The court held that: 1) The Video Privacy Protection Act permits plaintiffs to sue a person who discloses, not who receives, information related to viewers' consumption of video-related services; 2) plaintiffs have adequately alleged a claim for intrusion upon seclusion against Viacom; and 3) the Children's Online Privacy Protection Act of 1998 does not preempt plaintiffs' state-law privacy claim.




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Conservatorship of K.P.

(California Court of Appeal) - Affirmed. The County of Los Angeles successfully brought a conservatorship action under the Lanterman-Petris-Short Act that allows involuntary detention of persons who are dangerous or gravely disabled due to mental disorder. Conservatee appealed. The appeals court found no reversible error.




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Conservatorship of D.C.

(California Court of Appeal) - Affirmed. D.C. appeals appointment of a conservator under the Lanterman-Petris-Short Act on the grounds that she was not advised of her right to a jury trial, was not afforded an evidentiary hearing, was medicated without her consent and had ineffective assistance of counsel. The appeals court found no reversible error, but cautioned the trial court to state its findings as to the factors set out in Riese v. St. Mary’s Hospital & Medical Center (1987) 209 Cal.App.3d 1303.




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Conservatorship of M.M.

(California Court of Appeal) - Affirmed. M.M. appeals appointment of a conservator under the Lanterman-Petris-Short Act on the grounds that his trial did not begin within 25 days of his jury demand. The appeals court held that M.M. forfeited the contention because the delay was due to his own counsel’s requests to accommodate his schedule.




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Asmo Releases New EP Album 'Consumed'

The Music Artist Known As Asmo Has Released His Latest EP Album, “Consumed.”




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Charles Hurt: 'Demand Justice' Fight Back -- Against Judges Who Like the Constitution

Anti-democratic Democrats opened up a new front in their relentless war on an independent judiciary in America.




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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.




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Langan v. Johnson and Johnson Consumer Cos., Inc.

(United States Second Circuit) - Vacated the certification of a consumer class action alleging that Johnson & Johnson deceptively labeled several of its baby bath products as being natural when they were not. The district court had certified a class consisting of consumers who purchased the products in eighteen states. On appeal, the Second Circuit was not convinced that the district court had carefully considered the material differences in the state laws at issue before concluding that their similarities predominated over their differences, and therefore the appeals court vacated and remanded.




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Consumer Financial Protection Bureau v. Seila Law LLC

(United States Ninth Circuit) - Held that the U.S. Consumer Financial Protection Bureau's structure is constitutionally permissible. A law firm raised the argument in contending that it was not required to comply with the bureau's investigative demand to respond to interrogatories about its debt relief services and marketing. The Ninth Circuit rejected the law firm's position.




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Federal Trade Commission v. Consumer Defense LLC

(United States Ninth Circuit) - In an enforcement action brought by the Federal Trade Commission, affirmed a preliminary injunction freezing the assets of companies that allegedly had made deceptive representations regarding loan modification services.




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For Your Consideration R&B Performance “Permission To Love” Feat. Spencer Battiest By Singer/songwriter Melissa B.

#62ndGrammyAwards #GrammyAwards #GrammyNominations #MelissaB




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Katie Knipp “Take It With You” For Your Consideration For Traditional Blues Album

#62ndGrammyAwards #Blues #GrammyAwards #GrammyNominations




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Aspic Engineering and Construction Co. v. ECC Centcom Constructors, LLC

(United States Ninth Circuit) - Held that an arbitrator made an "irrational" decision in a contract dispute between two government contractors. Affirmed the district court's vacatur of the arbitration award, in this case involving contracts to construct buildings and facilities in Afghanistan.




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Positive Company Celebrates Eight Years Of Positive Influence As They Continue To"Go Conscious America"!!

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




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Katie Knipp “Take It With You” For Your Consideration For Traditional Blues Album

#62ndGrammyAwards #Blues #GrammyAwards #GrammyNominations




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For Your Consideration R&B Performance “Permission To Love” Feat. Spencer Battiest By Singer/songwriter Melissa B.

#62ndGrammyAwards #GrammyAwards #GrammyNominations #MelissaB




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Katie Knipp “Take It With You” For Your Consideration For Traditional Blues Album

#62ndGrammyAwards #Blues #GrammyAwards #GrammyNominations




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AEG Presents and Live Nation offer refunds after consumer anger, lawmaker pressure

Live Nation and AEG Presents will offer refunds to ticketholders whose events have been canceled due to coronavirus.




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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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The Coronavirus and the Constructive Conflict Initiative

For many years, Guy and Heidi Burgess have organized a series of projects dealing with difficult, intractable conflicts, and they developed an incredibly rich website of resources. They recently collected the following series of statements about conflict and the coronavirus, including the following.  Here’s a list of the statements with links to each one.  They … Continue reading The Coronavirus and the Constructive Conflict Initiative




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Newman: Marc Johnson’s coaching genesis and eight other Colorado baseball icons the state won’t forget

Drafted into the Army in 1969 during the Vietnam War, Johnson's first baseball coaching job was managing the 2nd Armored Division for two years on base in Fort Hood, Texas.




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Conspiracy theorists set fire to 5G towers claiming link to coronavirus

LONDON -- The CCTV footage from a Dutch business park shows a man in a black cap pouring the contents of a white container at the base of a cellular radio tower. Flames burst out as the man jogs back to his Toyota to flee into the evening.