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America's Racial Contract Is Showing - The Atlantic

Six weeks ago, Ahmaud Arbery went out and never came home. Gregory and Travis McMichael, who saw Arbery running through their neighborhood just outside of Brunswick, Georgia, and who told authorities they thought he was a burglary suspect, armed themselves, pursued Arbery, and then shot him dead.




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Ontario allows pro teams to reopen facilities




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Stephens v. Union Pacific Railroad Company

(United States Ninth Circuit) - Affirmed. In a claim of negligence for secondary exposure to asbestos, the plaintiff failed to establish sufficient cause. The panel held that in the context of asbestos claims, the substantial-factor test requires “demonstrating that the injured person had substantial exposure to the relevant asbestos for a substantial period of time.”



  • Injury & Tort Law

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Brown v. Pacifica Foundation, Inc.

(California Court of Appeal) - Held that a board member of a nonprofit corporation was not entitled to a preliminary injunction barring her from being removed from the board. Reversed a preliminary injunction, in this case involving a nonprofit that operates public radio stations.




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District No. 1 Pacific Coast v. Liberty Maritime Corp.

(United States DC Circuit) - Reversed and remanded. The district court had jurisdiction over a Labor Management Relations Act Claim relating to a maritime labor union because the act provides federal jurisdiction over suits for violation of contracts between employers and labor organizations.




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Brown v. Pacifica Foundation, Inc.

(California Court of Appeal) - Held that a board member of a nonprofit corporation was not entitled to a preliminary injunction barring her from being removed from the board. Reversed a preliminary injunction, in this case involving a nonprofit that operates public radio stations.




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Wolf Metals Inc. v. Rand Pacific Sales Inc.

(California Court of Appeal) - In a judgment enforcement action, arising out of a default judgment for plaintiff in a contracts dispute over defendant's failure to pay for sheet metal, the trial court's entry of amended default judgment is reversed in part and affirmed in part where: 1) Donald Koh was improperly added as a judgment debtor on an alter ego theory under Motores de Mexicali v. Superior Court, 51 Cal.2d 172 (1958); but 2) South Gate Steel was properly added as a judgment debtor on a corporate successor theory.




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Boschetti v. Pacific Bay Investments Inc.

(California Court of Appeal) - Held that the trial court lacked authority to order dissolution of certain out-of-state business entities, in a dispute between partners in a general partnership that owned those entities. Affirmed the trial court's orders.



  • Corporation & Enterprise Law

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Panoche Energy Center, LLC v. Pacific Gas and Electric Co.

(California Court of Appeal) - In an arbitration action, arising from a dispute between plaintiff electricity producer and defendant utility over which party bears the cost of complying with laws to reduce greenhouse gas emissions under the Global Warming Solutions Act of 2006, the trial court's vacating of the arbitration award to PG&E is reversed where the question of contact interpretation was ripe for arbitration and plaintiff failed to show sufficient cause for postponing the arbitration process.




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Pacific Gas and Electric Co. v. US

(United States Federal Circuit) - In a brought suit against the U.S. claiming that two federal government agencies selling electricity over-charged appellants for electricity, the Federal Claims Court dismissal for lack of standing is affirmed where plaintiffs lack privity of contract or any other relationship with the government that would confer standing.




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Jameson v. Pacific Gas and Electric

(California Court of Appeal) - In a labor and employment action, arising after plaintiff was allegedly terminated by his employer, PG&E, for retaliating against a safety inspector who raised issues about his project, the trial court's grant of summary judgment to defendant is affirmed where regardless of whether plaintiff was an at-will employee, PG&E established good cause for terminating him.




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Pacific Gas & Electric v. Sup. Ct.

(California Court of Appeal) - Reversed an order denying summary judgment to plaintiff as to punitive damages. A devastating wildfire started when a tree came into contact with overhead powerlines. The real parties in interest claimed that plaintiff (PG&E) was responsible and sought punitive damages. PG&E had sought summary judgment as to the punitive damages claim which was denied by the trial court.




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De La Torre v. Cal. Horse Racing Bd.

(California Court of Appeal) - In a quarter horse trainer's petition for a writ of administrative mandamus, challenged a license suspension and fine imposed upon him by the California Horse Racing Board after finding he violated the Board's regulations by racing horses medicated with a drug that the Board had temporarily suspended from authorized use, the petition is granted where the Board's successive temporary suspensions of the drug violated the provisions of the rule permitting temporary suspension of an authorized drug and thus exceeded the Board's authority.




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Glacier Films (USA), Inc. v. Turchin

(United States Ninth Circuit) - Reversed the denial of attorney's fees in a copyright infringement case. A man agreed to pay $750 in statutory damages to a film production company for illegally downloading a movie using a peer-to-peer network and distributing it 80 times, and the parties agreed that the court would decide whether to award attorney's fees. When the court denied fees, the production company appealed. Agreeing with the company, the Ninth Circuit held that the district court failed to correctly apply certain factors in deciding whether to award attorney fees.




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Rel v. Pacific Bell Mobile Services

(California Court of Appeal) - Affirmed the dismissal of a proposed consumer class action lawsuit because the plaintiffs had failed to bring the case to trial within five years, as required by the California Code of Civil Procedure. It did not matter that the class claims had been dismissed within five years.




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NEI Contracting and Engineering Inc. v. Hanson Aggregates Pacific Southwest Inc.

(United States Ninth Circuit) - Held that an engineering company could not proceed with a class action lawsuit alleging that its former concrete supplier unlawfully recorded cellular phone users' calls without their consent. Affirmed an order decertifying the class on the ground that the class representative lacked individual standing.




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Acid Jazz, February 29, 2020

Jazzanova, Thievery Corporation, Miles Davis, Rae & Christian, Steve Khan, John McLaughlin, and more!




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Acid Jazz, March 7, 2020

St. Germain, Tony Adamo, Digable Planets, Barrio Jazz Gang, Soul Rebels, Tony Lindsay, Purna Loka Ensemble, and more!




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Acid Jazz, March 14, 2020

In the mix this week - Eliane Elias, Miles Davis, McCoy Tyner & Phyllis Hyman, Azymuth, Weldon Irvine, Les McCann and Ronny Jordan.




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Acid Jazz, March 21, 2020

Miles Davis, Mocean Worker, Billie Holiday remixed, Donald Fagan, New Masters, and more!




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Acid Jazz, March 28, 2020

John McLaughlin, Wax Poetic, Steve Khan, Jazzanova, Quantic, Tower of Power, and more!




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Acid Jazz, April 4, 2020

Nightmares On Wax, Fat Freddy's Drop, Wilson Pickett, Greyboy Allstars, Ace of Clubs, Aguanko, Deodato, Eddie Palmieri, and more!




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Acid Jazz, April 11, 2020

Alice Coltrane, Collin Walcott, Bluey, John McLaughlin, Miles Davis, Brand New Heavies, Herbie Mann, Monty Alexander, St. Germain, and more!




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Acid Jazz, April 18, 2020

The Necks, Monty Alexander, 3 Brave Souls, Marcos Valle, Guru, 4 Hero, Gregory Porter, John Coltrane, Prima Loka, and more!




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Acid Jazz, April 25, 2020

Booker T, DJ Logic, Don Byron, Lenny White, Chaka Khan, Curtis Mayfield, Lorenzo Tucci, and more!




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Acid Jazz, May 2, 2020

Sabrina Malheiros, Brand New Heavies, Gerardo Frisina, Tony Adamo, Greyboy, Jeff Parker, and more!




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Aloft Hotels And MTV Spotlight Top Asia Pacific Music Talent

Aspiring Musicians Are Invited To Submit Original Songs For A Chance To Win A Mentorship By MTV And US$10,000 To Fund Their Music Journey




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Stephens v. Union Pacific Railroad Company

(United States Ninth Circuit) - Affirmed. In a claim of negligence for secondary exposure to asbestos, the plaintiff failed to establish sufficient cause. The panel held that in the context of asbestos claims, the substantial-factor test requires “demonstrating that the injured person had substantial exposure to the relevant asbestos for a substantial period of time.”



  • Injury & Tort Law

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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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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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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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Kleen Products LLC v. Georgia-Pacific LLC

(United States Seventh Circuit) - Affirmed the dismissal of antitrust claims brought against two manufacturers of a material called containerboard that is used to make boxes. Held that there was not enough evidence of a conspiracy to proceed to trial on the purchasers' claims under the Sherman Act that the companies conspired to increase prices and reduce output.



  • Antitrust & Trade Regulation

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Tenants at Acacia Apartments in Denver strike on rent

Members of the Acacia Tenants Union in Denver have posted banners saying "Don't Pay May" and "Rent Relief Now" after failing to reach terms for rent relief with their landlord, Olive Bark LLC.




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NASCAR star Kyle Larson suspended for racial slur in virtual race

NASCAR star Kyle Larson was suspended without pay by Chip Ganassi Racing on Monday for using a racial slur on a live stream during a virtual race.




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Kyle Larson fired after sponsors drop NASCAR driver over racial slur

Kyle Larson was fired Tuesday by Chip Ganassi Racing, completing a stunning downfall for the budding NASCAR star who uttered a racial slur during a live-streamed virtual race and then watched nearly every one of his sponsors drop him.







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Children In Video Prance In Racist Masks At Protest



One child was wearing a darkened Obama caricature




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Michigan Governor Connects Racism To Anti-Shutdown Protest



Governor Gretchen Whitmer was outraged.




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NASCAR’s Only African-American Driver Bubba Wallace Addresses Kyle Larson’s Racial Slur

The stock car racer emphasized it’s ‘NOT just a word.’




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Jemele Hill Calls Out New England Patriots’ Draft Pick With White Supremacist Tattoo

Kicker Justin Rohrwasser said he would cover the tattoo




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Atlanta Mayor Keisha Lance Bottoms Receives Racist Text



She got the message as her daughter looked over her shoulder




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Why A ‘Racial Equity Framework’ For Black People Is Needed



Two commentators call for fair distribution of CARES package




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Georgia AG Probes Racist Text Sent To Atlanta Mayor



The message came after her comments on reopening businesses




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NYC First Lady To Head Racial Disparity COVID-19 Task Force



The city is seeing disproportionate cases among minorities.




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Children In Video Prance In Racist Masks At Protest



One child was wearing a darkened Obama caricature




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Michigan Governor Connects Racism To Anti-Shutdown Protest



Governor Gretchen Whitmer was outraged.




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Keep Calm, Don’t Let Racism on Social Media Get to You



Here’s how to deal with the ignorance online.