(United States Third Circuit) - Held that a consumer who purchased baby powder without being informed that it increased the risk of ovarian cancer (as she alleged it did) had no standing to pursue claims for economic injury. The plaintiff argued that she and other consumers would not have purchased the baby powder in the first place had they been properly informed about its alleged risks. Emphasizing that she was asserting only economic harm, the Third Circuit affirmed dismissal of her class-action complaint, explaining that the product had functioned for her as expected.

(United States Second Circuit) - Affirmed a judgment in a dispute between two creditors of an agricultural produce company that filed for Chapter 7 bankruptcy. One of the creditors was another produce company that did business with the debtor. Because the goods were perishable agricultural commodities, the case involved the federal Perishable Agricultural Commodities Act.

(United States Supreme Court) - Held that a bankrupt company's rejection of a trademark licensing agreement did not deprive its licensee of the rights to use the trademark. The U.S. Supreme Court interpreted Section 365 of the Bankruptcy Code, which enables a debtor to reject any executory contract, meaning a contract that neither party has finished performing. Justice Kagan delivered the opinion of the 8-1 Court.

If the season does restart, what do you think would be the ideal situation? Straight into the playoffs? Time is running out.

Rockies all-star shortstop Trevor Story pays close attention to the reports about baseball's possible return in the midst of the coronavirus pandemic.

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.

Immigrant advocates are working with Colorado lawmakers to provide relief to vulnerable families during the coronavirus crisis.

But the sudden spike in demand has led to material shortages andcost increases.

Tune in at 8pm to her Tchaikovsky's Pique Dame (The Queen of Spades) staring Mirella Freni and Vladimir Atlantov.

Tune in tonight at 8pm to hear a live performance from the MET in 1966 of Donizetti's L' Elisir d' Amore staring Carlo Bergonzi and Roberta Peters.

Tune in at 8pm to hear the romantic and light hearted opera Martha by Friedrich von Flotow. This 1969 recording stars Anneliese Rothenberger, Brigitte Fassbaender, Nicolai Gedda and Hermann Prey.

Tune in 8pm to hear George Frideric Handel's Ariodante staring Anne Sofie von Otter in the title role.

(United States Fourth Circuit) - Affirmed in part, vacated in part, and remanded. Plaintiff was shot several times during an encounter with the police. The police were responding to an emergency call that plaintiff had committed burglary and assault. Plaintiff sued alleging excessive force in violation of the Fourth Amendment and that the police conduct violated Maryland law. The trial court granted summary judgment to the defendants holding that the police were enjoyed qualified immunity and no constitutional violations occurred. The appellate court held that the police violated plaintiffs Fourth Amendment rights, but that the police had qualified immunity. Because the trial court did not address the violation of the Fourth Amendment rights under Maryland law the case is remanded.

(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.

(United States Fourth Circuit) - Affirmed that a school district did not deprive a former student of his rights under the Individuals with Disabilities Education Act. The student claimed he should have been identified as a candidate for special education and that the school district failed to provide him a free appropriate public education. While agreeing that the school district had committed a procedural violation of the Act, the Fourth Circuit agreed with the district court that the violation did not actually deprive the student of a free appropriate public education.

Renowned U.K. Music Executive To Join Universal Music Group's U.S. Label Leadership

"I've got another great bunch of ideas from Richie the other day."

The post JUDAS PRIEST Working On New Music In Quarantine appeared first on Metal Injection.

Denver International Airport has allowed airlines ailing from the coronavirus pandemic to put off three months of rent and landing fees worth about $60 million, officials said Thursday as they outlined ways DIA is tightening its own belt.

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.

The Deal Covers All New Works From The Versatile Power Duo, Whose Successes Include The #1 ITunes Electronic Hit “Touch” By 3LAU Featuring Carly Paige.

Rockies all-star shortstop Trevor Story pays close attention to the reports about baseball's possible return in the midst of the coronavirus pandemic.

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)

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

Mountain lions face an uncertain future under a new state plan to let hunters kill up to 15% a year across western Colorado, and more near subdivisions -- rankling animal rights advocates who favor a live-and-let-live approach to wildlife.

Coloradans must take COVID-19, the pandemic illness caused by a new coronavirus, seriously.

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.

Coloradans must take this virus seriously or the government will step in and do it for us.

Employees on the front-lines of the coronavirus pandemic are truly essential. Employers must treat them as such.

Hosts Updates Chronic Underlying Conditions: Vunerability To Covid-19 10,239 Elderly Prisoners in New York State – Governor Cuomo’s Office – 518-474-8390 FOIA Suspended  —- Abuse Of Emergency Powers, The U.S. Constitution And Habeas Corpus The Department of Justice is now seeking to exploit the coronavirus calamity to get Congress to give it permission to pick […]

Host Updates: In Memoriam – Perry Rosenstein Law and Disorder warmly remembers Perry’s legacy. He passed on April 3rd, 2020 in Teaneck, New Jersey.  Navy Secretary’s Flight To Aircraft Carrier To Bash Fired Captain Cost Taxpayers $243,000 10,239 Elderly Prisoners in New York State – Governor Cuomo’s Office – 518-474-8390 —- Reevaluating “Normal” Once Again We […]

Speaking In Turkish: Denying the Armenian Genocide Around the world, April 24 marks the observance of the Armenian Genocide. On that day in 1915 the Interior Minister of the Ottoman Empire ordered the arrest and hangings of Armenian intellectuals and community leaders in Constantinople. It was the beginning of a systematic and well-documented plan to […]

EFF: Google And Apple Virus Contact Tracing And Privacy From China, to Israel, and now the U.S., governments seek to enact broad surveillance measures to contain the spread of COVID-19. Already a majority of the public has said it favors such tracking, even though leadership has not shown how this tracking might actually stop the […]

(United States Second Circuit) - Vacated and dismissed. Defendants were convicted of criminal offenses relating to activities on a stateless marine vessel. Because the government failed to demonstrate that the vessel was subject to the jurisdiction of the United States, the judgement is vacated and the indictment dismissed.

(United States Second Circuit) - Reversed in part, vacated in part, remanded for discovery. The district court abused its discretion by denying the Claimants’ motion for discovery on their statute‐of‐limitations defense and, accordingly, erroneously granted the Government’s motion for summary judgment on the timeliness issue.

(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.

New Legislation Would Protect Music Venues Threatened With Closure

Independent Record Labels Now Represent 38.4% Of Global Recorded Music Market Share In 2016 With Global Revenues In Excess Of $6bn

(United States Federal Circuit) - Defendant appealed from a judgement of the US Court of International Trade in favor of plaintiff. The Court of Appeals held that the Court of International Trade lacked jurisdiction to hear plaintiffs claims and reversed the judgement. The Appeals court concluded that jurisdiction under 28 USC section 1581 may not be invoked until administrative remedies are exhausted.

(United States Supreme Court) - The US Supreme Court held that American Express (Amex) anti-steering provisions, in its agreement with merchants to prohibit merchants who take Amex cards from discouraging customers from using their cards in order for the merchant to avoid paying Amex a fee, do not violate the Sherman Antitrust Act.

(United States Seventh Circuit) - In a case involving states' power to regulate liquor sales, held that the plaintiffs stated a claim that Illinois unlawfully refused to license out-of-state retailers to ship liquor to consumers in the state, in violation of the Commerce Clause and Privileges and Immunities Clause. Reversed a dismissal and remanded.

(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.

(United States Fifth Circuit) - Held that the Louisiana Real Estate Appraisers Board's petition for review was premature in a case where the Federal Trade Commission had charged it with adopting an unlawful policy that restrained trade. Dismissed the appeal for lack of jurisdiction.

(United States Seventh Circuit) - District court's granting of summary judgment and bench verdict for Defendant affirmed. Sherman Act claim fails where the only current feasible way to comply with Chicagoland area city commercial fire safety ordinances was to use an exclusive provider. Under Fisher v. City of Berkeley, government restraints on trade imposed unilaterally do not form the basis of a Section 1 or Section 2 claim.

(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.

This is the second part of a three-part series on use of litigation interest and risk assessment (LIRA), growing out of a program at CPR’s annual meeting in February 2020. The first part of this series describes how to do LIRAs and includes results from a survey of participants in our program.  This part describes … Continue reading Early Dispute Resolution Processes →

This is the final part of a three-part series on litigation interest and risk assessment (LIRA) and early dispute resolution procedures.  The first part explains how lawyers can use LIRA procedures to help clients make better decisions about litigation and negotiation.  The second part describes some early dispute resolution procedures, which can benefit from good … Continue reading Dispute Prevention and Early Dispute Resolution Framework →

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/  

An article by Israeli historian Yuval Noah Harari, The World After Coronavirus, describes general dynamics of crises and particularly the current crisis: Many short-term emergency measures will become a fixture of life.  That is the nature of emergencies.  They fast-forward historical processes.  Decisions that in normal times could take years of deliberation are passed in … Continue reading Communication, Privacy, and Community in the New Normal →

This spring is an eerie season of death and life. Death is a natural and inevitable part of life.  Humans and members of every other living species die all the time. What’s so spooky about the coronavirus crisis is that this deadly virus often is spread by people who are asymptomatic.  So you can’t tell … Continue reading This Spring →

What do you have to hide?  That’s an issue raised by two comments about my post, Communication, Privacy, and Community in the New Normal. One commenter asked, “What if the government or a private group knowing your real-time biometrics could save lives?  Why do we hold the privacy of such data in such high regard?” … Continue reading The Importance of Privacy →