courthousenews--2020-08-24--Judge Strikes Down Florida School Reopening Order

TALLAHASSEE , Fla. ( CN ) — A Florida judge sided with the state ’ s largest teachers union Monday and threw out a Florida Department of Education order mandating in-person learning at schools this month .
After a two-day hearing last week , Leon County Circuit Court Judge Charles Dodson ruled Education Commissioner Richard Corcoran ’ s executive order requiring the opening of brick-and-mortar schools five days a week for face-to-face instruction violated a section of the Florida Constitution that requires the “ safe ” operation of public schools .
“ The districts have no meaningful alternative , ” @ @ @ @ @ @ @ the Florida Education Association ’ s request for a temporary injunction .
“ If an individual school district chooses safety , that is , delaying the start of schools until it individually determines it is safe to do so for its county , it risks losing state funding , even though every student is being taught.
” Dodson ’ s decision does not automatically close schools , but allows local school boards to make a determination without the fear of losing state funding .
The FEA and its attorneys proclaimed victory during a @ @ @ @ @ @ @ “ I have said this from the onset , we want to teach , nothing replaces the magic that happens between a teacher and a student , ” said FEA president Frederick Ingram .
“ We know what our jobs are .
We simply do not want to risk the lives our kids , we don ’ t risk our own lives and by extension , our families at home.
” The state filed an appeal Monday afternoon , which puts an automatic stay on Dodson ’ s decision .
The FEA will @ @ @ @ @ @ @ a statement , Corcoran called on parents and teachers to convince the FEA to drop the “ frivolous ” lawsuit .
“ This fight has been , and will continue to be , about giving every parent , every teacher and every student a choice , regardless of what educational option they choose , ” he said .
The FEA brought the lawsuit against state officials last month after Corcoran issued his order .
A group of teachers and parents also joined the lawsuit as plaintiffs .
Corcoran and DeSantis , who are @ @ @ @ @ @ @ stressed schools should give parents the choice of in-person learning for their children or virtual learning .
But during last week ’ s hearing , some teachers said their school districts were forcing them to teach students in-person without regard to their unique situations .
“ If there is no change , I ’ m going to have to explain class by class I can ’ t return , ” said James Lis , a high school science teacher in Orlando , who helps care for his 81-year-old mother-in-law .
“ No , @ @ @ @ @ @ @ have chosen my kids , my students over so many difficult things , but I can ’ t put my family at risk.
” Other teachers and medical experts told the judge schools were woefully unprepared for maintaining social distancing or ensuring students wore masks .
“ In my opinion , there was a lack of direction , lack of certainty , lack of definition and lack of guidance , ” said Dr. Annette Nielsen about the state ’ s reopening plan .
“ These are schools , not hospitals.
” But witnesses @ @ @ @ @ @ @ teachers of special needs children , contended virtual learning is ineffective and sets students up for failure .
Lindsey Arthur , a special education teacher from Hillsborough County , recounted numerous problems with her students remaining attentive during virtual learning last spring .
Many did not even attend the online classes .
“ They are wonderful , but they need that support with their teacher , paraprofessionals and with their friends to grow and learn , and it just was not possible during our e-learning experience at all , ” she testified .
@ @ @ @ @ @ @ already opened last week and this week .
It is unclear how many would close schools after Dodson ’ s decision .
Already , a handful of school districts have reported cases of coronavirus in teachers and students .
In Martin County , coronavirus cases in the first week of opening forced nearly 300 students and 14 teachers into quarantine .
The Florida Department of Health ’ s latest update reported 2,095 new cases on Monday .
Another 72 residents died .
According to state records , nearly 10,400 Floridians have died from @ @ @ @ @ @ @ the novel coronavirus .
More than 600,000 have contracted it .
The number of cases has trended downward over the last few weeks and the state ’ s percentage of positive cases has also dropped to just over 5 % .
The Centers for Disease Control and Prevention and the World Health Organization advise a positivity rate of 5 % or less indicates the virus is under control .
In his ruling , Judge Dodson specifically referenced Hillsborough County , one of the largest school districts in the state .
This month , @ @ @ @ @ @ @ special meeting with seven doctors to assess the safety of opening schools .
After hearing from seven doctors , the board voted to delay in-person learning by three weeks .
A day later , Corcoran sent a letter to the superintendent and school board denying their proposal and threatening a loss of funding of up to $ 23 million monthly .
“ Schools should reopen when the local decision-makers determine upon advice of medical experts , that it is safe to do so , ” Dodson wrote .
“ Our Constitution requires safe @ @ @

A Florida judge sided with the state’s largest teachers union Monday and threw out a Florida Department of Education order mandating in-person learning at schools this month.
TALLAHASSEE, Fla. (CN) — A Florida judge sided with the state’s largest teachers union Monday and threw out a Florida Department of Education order mandating in-person learning at schools this month.
After a two-day hearing last week, Leon County Circuit Court Judge Charles Dodson ruled Education Commissioner Richard Corcoran’s executive order requiring the opening of brick-and-mortar schools five days a week for face-to-face instruction violated a section of the Florida Constitution that requires the “safe” operation of public schools.
“The districts have no meaningful alternative,” Dodson wrote in his 17-page order granting the Florida Education Association’s request for a temporary injunction. “If an individual school district chooses safety, that is, delaying the start of schools until it individually determines it is safe to do so for its county, it risks losing state funding, even though every student is being taught.”
Dodson’s decision does not automatically close schools, but allows local school boards to make a determination without the fear of losing state funding.
The FEA and its attorneys proclaimed victory during a press conference held remotely via Zoom.
“I have said this from the onset, we want to teach, nothing replaces the magic that happens between a teacher and a student,” said FEA president Frederick Ingram. “We know what our jobs are. We simply do not want to risk the lives our kids, we don’t risk our own lives and by extension, our families at home.”
The state filed an appeal Monday afternoon, which puts an automatic stay on Dodson’s decision. The FEA will ask to overturn the stay.
In a statement, Corcoran called on parents and teachers to convince the FEA to drop the “frivolous” lawsuit.
“This fight has been, and will continue to be, about giving every parent, every teacher and every student a choice, regardless of what educational option they choose,” he said.
The FEA brought the lawsuit against state officials last month after Corcoran issued his order. A group of teachers and parents also joined the lawsuit as plaintiffs.
Corcoran and DeSantis, who are both named in the suit, have stressed schools should give parents the choice of in-person learning for their children or virtual learning.
But during last week’s hearing, some teachers said their school districts were forcing them to teach students in-person without regard to their unique situations.
“If there is no change, I’m going to have to explain class by class I can’t return,” said James Lis, a high school science teacher in Orlando, who helps care for his 81-year-old mother-in-law. “No, I’m not going. I have chosen my kids, my students over so many difficult things, but I can’t put my family at risk.”
Other teachers and medical experts told the judge schools were woefully unprepared for maintaining social distancing or ensuring students wore masks.
“In my opinion, there was a lack of direction, lack of certainty, lack of definition and lack of guidance,” said Dr. Annette Nielsen about the state’s reopening plan. “These are schools, not hospitals.”
But witnesses for the state, including parents and teachers of special needs children, contended virtual learning is ineffective and sets students up for failure.
Lindsey Arthur, a special education teacher from Hillsborough County, recounted numerous problems with her students remaining attentive during virtual learning last spring. Many did not even attend the online classes.
“They are wonderful, but they need that support with their teacher, paraprofessionals and with their friends to grow and learn, and it just was not possible during our e-learning experience at all,” she testified.
Most of Florida’s school districts already opened last week and this week. It is unclear how many would close schools after Dodson’s decision.
Already, a handful of school districts have reported cases of coronavirus in teachers and students. In Martin County, coronavirus cases in the first week of opening forced nearly 300 students and 14 teachers into quarantine.
The Florida Department of Health’s latest update reported 2,095 new cases on Monday. Another 72 residents died.
According to state records, nearly 10,400 Floridians have died from Covid-19, the respiratory disease caused by the novel coronavirus. More than 600,000 have contracted it.
The number of cases has trended downward over the last few weeks and the state’s percentage of positive cases has also dropped to just over 5%. The Centers for Disease Control and Prevention and the World Health Organization advise a positivity rate of 5% or less indicates the virus is under control.
In his ruling, Judge Dodson specifically referenced Hillsborough County, one of the largest school districts in the state.
This month, the Hillsborough County School Board held a special meeting with seven doctors to assess the safety of opening schools. After hearing from seven doctors, the board voted to delay in-person learning by three weeks. A day later, Corcoran sent a letter to the superintendent and school board denying their proposal and threatening a loss of funding of up to $23 million monthly.
The county’s schools opened Monday for online learning.
“Schools should reopen when the local decision-makers determine upon advice of medical experts, that it is safe to do so,” Dodson wrote. “Our Constitution requires safe schools.”


courthousenews--2020-08-24--Arizona Making Strides in Fight to Tame Covid

TUCSON , Ariz. ( CN ) — Arizona ’ s Covid-19 reproduction number — a measure of whether a disease is spreading or contracting , also called R0 — is the lowest in the nation , by one count , just eight weeks after the state was in headlines as a coronavirus hot spot .
Governor Doug Ducey announced the achievement in a Facebook post Monday , citing rt.live , which ranks states based on numbers compiled by The Atlantic .
The Grand Canyon State ’ s R0 ( pronounced R-naught ) of 0.76 means in broad terms that the @ @ @ @ @ @ @ 4,771 people had died from the illness as of Monday .
But University of Arizona epidemiologist Dr. Purnima Madhivanan urged caution at the R0 news .
The Arizona Department of Health Services counts only electronically transmitted test results — excluding thousands of Covid-19 lab reports submitted via fax .
That should raise an eyebrow at the state ’ s reproduction number , Madhivanan said .
“ If almost 25 % of your tests are being thrown out , you don ’ t know many are susceptible and how many are infectious , ” @ @ @ @ @ @ @ representation of a disease ’ s contagiousness .
It ’ s a calculation , based either on models or data , of how many people will get a disease from an infected person , Madhivanan said .
With a reproduction number of 1.0 , a disease would stay stable and become endemic .
Anything above 1.0 can lead to a pandemic or epidemic .
The goal is to get and keep the number below 1.0 , meaning each infected person is infecting less than one person , she said .
“ That means @ @ @ @ @ @ @ said .
“ It doesn ’ t matter if it is 0.9 or 0.6 or 0.2 .
It really doesn ’ t give you that much more information .
All you ’ re trying to do is get the R0 below 1.
” If the underlying data is accurate , keeping the reproduction number below 1.0 means the pandemic would eventually die out , Madhivana said .
In a weekly Covid-19 news conference Thursday , Ducey noted that hospitalizations are down in recent weeks , leaving hospitals at 80 % capacity .
The @ @ @ @ @ @ @ 8 % to 6 % in recent weeks , and the number of hospital beds occupied by Covid-19 patients is the lowest since May , Ducey said , adding the improvements are a direct result of Arizona residents .
“ They ’ re doing the fundamentals — wearing masks , washing their hands , physically distancing , staying home when sick , and just using good old-fashioned common sense.
” Ducey said .
Ducey , a Republican and an ally of President Donald Trump , thanked the administration for help during the pandemic @ @ @ @ @ @ @ Management Agency , which over the summer partnered with state health officials on testing and more recently , after a Trump executive order , boosted unemployment benefits by $ 300 per week for almost 400,000 Arizonans .
“ We ’ re grateful for the president for taking this action , and we urge Congress to step up and provide certainty and clarity by extending these benefits , ” Ducey said .
Restaurants are open with reduced seating capacity , but bars are closed .
Public water parks remain closed , but resort water @ @ @ @ @ @ @ passes to non-staying guests .
Some gyms have reopened , though most have not .
The Department of Health Services will continue to review plans for individual businesses that apply to reopen , Ducey said .
“ We want to have a consistent process , but I think anyone that ’ s frequented these places knows how different each situation is , ” he said .
Ducey urged Arizonans to keep their guard up and stay vigilant .
“ We are not taking a victory lap , ” Ducey said .
“ This @ @ @ @ @ @ @ a highlight on what ’ s working and an ask that we keep doing what works .
”

Arizona’s Covid-19 reproduction number — a measure of whether a disease is spreading or contracting, also called R0 — is the lowest in the nation, by one count, just eight weeks after the state was in headlines as a coronavirus hot spot.
TUCSON, Ariz. (CN) — Arizona’s Covid-19 reproduction number — a measure of whether a disease is spreading or contracting, also called R0 — is the lowest in the nation, by one count, just eight weeks after the state was in headlines as a coronavirus hot spot.
Governor Doug Ducey announced the achievement in a Facebook post Monday, citing rt.live, which ranks states based on numbers compiled by The Atlantic. The Grand Canyon State’s R0 (pronounced R-naught) of 0.76 means in broad terms that the disease is contracting in a state where 4,771 people had died from the illness as of Monday.
But University of Arizona epidemiologist Dr. Purnima Madhivanan urged caution at the R0 news.
The Arizona Department of Health Services counts only electronically transmitted test results — excluding thousands of Covid-19 lab reports submitted via fax. That should raise an eyebrow at the state’s reproduction number, Madhivanan said.
“If almost 25% of your tests are being thrown out, you don’t know many are susceptible and how many are infectious,” she said.
The R0 is a representation of a disease’s contagiousness. It’s a calculation, based either on models or data, of how many people will get a disease from an infected person, Madhivanan said.
With a reproduction number of 1.0, a disease would stay stable and become endemic. Anything above 1.0 can lead to a pandemic or epidemic. The goal is to get and keep the number below 1.0, meaning each infected person is infecting less than one person, she said.
“That means it is slowing down,” she said. “It doesn’t matter if it is 0.9 or 0.6 or 0.2. It really doesn’t give you that much more information. All you’re trying to do is get the R0 below 1.”
If the underlying data is accurate, keeping the reproduction number below 1.0 means the pandemic would eventually die out, Madhivana said.
In a weekly Covid-19 news conference Thursday, Ducey noted that hospitalizations are down in recent weeks, leaving hospitals at 80% capacity.
The positivity rate among tests has dropped from 8% to 6% in recent weeks, and the number of hospital beds occupied by Covid-19 patients is the lowest since May, Ducey said, adding the improvements are a direct result of Arizona residents.
“They’re doing the fundamentals — wearing masks, washing their hands, physically distancing, staying home when sick, and just using good old-fashioned common sense.” Ducey said.
Ducey, a Republican and an ally of President Donald Trump, thanked the administration for help during the pandemic.
He singled out the Federal Emergency Management Agency, which over the summer partnered with state health officials on testing and more recently, after a Trump executive order, boosted unemployment benefits by $300 per week for almost 400,000 Arizonans.
“We’re grateful for the president for taking this action, and we urge Congress to step up and provide certainty and clarity by extending these benefits,” Ducey said.
Arizona remains partially shut down.
Restaurants are open with reduced seating capacity, but bars are closed. Public water parks remain closed, but resort water parks are open — some selling day passes to non-staying guests. Some gyms have reopened, though most have not. The Department of Health Services will continue to review plans for individual businesses that apply to reopen, Ducey said.
“We want to have a consistent process, but I think anyone that’s frequented these places knows how different each situation is,” he said.
Ducey urged Arizonans to keep their guard up and stay vigilant.
“We are not taking a victory lap,” Ducey said. “This is not a celebration. This is a highlight on what’s working and an ask that we keep doing what works.”


courthousenews--2020-08-24--Feds Put Brakes on Mine Planned for Pristine Alaska Bay

( CN ) — Proponents of the Pebble Mine in Alaska ’ s pristine Bristol Bay hit an unexpected snag Monday , after the Trump administration initially greenlighted a project locals say would have disastrous consequences for the healthiest , most fecund runs of wild sockeye salmon remaining in the world .
Plans for the massive proposed Pebble Mine would include toxic storage ponds at the headwaters for the whole of the Bristol Bay watershed , imperiling salmon and all the creatures who depend on them .
The mine , which would extract copper , gold and other minerals , @ @ @ @ @ @ @ in North America .
And the proposed route for minerals exiting the mine would also violate the sovereignty of several native tribes who refuse access to the company behind the project .
The people of the Yup ’ ik , Dena ’ ina , and Alutiiq peoples depend on Bristol Bay salmon runs for their survival , as they have for millennia .
Pebble Mine , the Canadian-owned company has continued to push the project despite over a decade of fierce opposition from indigenous groups , environmentalists and the powerful Alaskan fishing industry @ @ @ @ @ @ @ cusp of a win in July , when the U.S. Army Corps of Engineers released its Final Environmental Impact Statement green-lighting the project .
Opponents blasted the document , saying the Corps ignored scientific consensus to find that the project would have “ no measurable impact ” on the Bristol Bay watershed .
Now , the U.S. Army Corps of Engineers says harmful impacts to the watershed around the proposed mine are “ unavoidable.
” But it ’ s not calling for an end to the project .
Instead , the Corps says @ @ @ @ @ @ @ mitigation ” for expected despoliation of 3,285 acres of wetlands , 364 acres of open waters and 185 miles of streams , according to a letter issued today .
That means the company can still pollute the wetlands and waterways of Bristol Bay , as long as it figures out how to replace their core functions , like incubating the eggs of what may be the most important salmon run in the world .
It has 90 days to submit its proposal .
Tom Collier , chief executive officer for Pebble , called @ @ @ @ @ @ @ the permitting process.
” “ We believe our final comprehensive management plan submission will be submitted within weeks and will satisfy all of the requirements of the letter , ” Collier said in a statement .
But the new requirement is a major improvement over the company ’ s original plan , according to Brian Litmans , legal director for trustees for Alaska , who called the Pebble ’ s first mitigation proposal “ a joke.
” Originally , the company offered to fix culverts hundreds of miles away and give money to @ @ @ @ @ @ @ None of that would have fixed the problems the mine created , Litmans said .
“ All the science indicates that this project would be devastating for Bristol Bay , ” Litmans said .
“ It doesn ’ t help Bristol Bay or the salmon to go preserve some wetlands hundreds of miles away.
” The mine , which will be the largest of its kind in North America , also comes with the danger that the pits containing its toxic waste could fail , spilling poison 100 miles downriver to the bay @ @ @ @ @ @ @ would be truly disastrous for Bristol Bay , ” Litmans said .
Activists involved in the decade-plus fight against the Pebble Mine say political pressure from within the Trump administration was the likely prompt for slowing a project that appeared to be full-steam ahead .
On Aug. 4 , Nick Ayers , former aide to Vice President Mike Pence , tweeted his call for the president ’ s son , Donald Trump Jr. , to oppose Pebble Mine .
An hour later , Trump Jr. complied .
That launched a cascade of conservatives @ @ @ @ @ @ @ stop the mine , in advance of today ’ s surprise letter .
But Collier dismissed the narrative that the letter is the culmination of rare agreement among all political factions .
“ A clear reading of the letter shows it is entirely unrelated to recent tweets about Pebble and one-sided news shows , ” Collier said .
“ The White House had nothing to do with the letter nor is it the show-stopper described by several in the news media over the weekend.
” The Corps says it will use the company @ @ @ @ @ @ @ its Record of Decision , which will memorialize the agency ’ s final decision on whether to allow the project to proceed .
That ’ s also the point at which groups opposing the project can sue to stop it – which happened today in another Alaskan mega-project .
Indigenous Alaskan groups led by the Gwich ’ in Steering Committee today sued Interior Secretary David Bernhardt and the Bureau of Land Management over their Aug. 17 Record of Decision allowing drilling in the Alaskan National Wildlife Refuge .
The National Audubon Society , @ @ @ @ @ @ @ Defense Council and Friends of the Earth filed a second lawsuit Monday over the same issue and against the same defendants .
“ Birds can ’ t vote , and they can ’ t file a lawsuit — but we can , ” David Yarnold , president and CEO of the National Audubon Society , said in a statement .
“ This is an all-hands-on-deck moment to defend the Arctic National Wildlife Refuge and protect America ’ s bird nursery from drilling.
” The decision , which would open the entire 1.5 million @ @ @ @ @ @ @ oil and gas leasing , would imperil the caribou herds indigenous peoples depend on for survival .
The coastal plain is also home to dens for countless wolves and polar bears .
But the Bureau of Land Management ignored the science and didn ’ t take indigenous input seriously , according to the lawsuit .
“ BLM ’ s decision to violate lands sacred to my people and essential to the health of the Porcupine caribou herd is an attack on our rights , our culture and our way of life , ” @ @ @ @ @ @ @ the Gwich ’ in Steering Committee .
“ We have lived and thrived in the Arctic for thousands of years .
We have listened and learned from our elders , and we know we must stand united to protect future generations , and that means going to court to protect the caribou herd and sacred lands .
”

Feds Put Brakes on Mine Planned for Pristine Alaska Bay
(CN) — Proponents of the Pebble Mine in Alaska’s pristine Bristol Bay hit an unexpected snag Monday, after the Trump administration initially greenlighted a project locals say would have disastrous consequences for the healthiest, most fecund runs of wild sockeye salmon remaining in the world.
Plans for the massive proposed Pebble Mine would include toxic storage ponds at the headwaters for the whole of the Bristol Bay watershed, imperiling salmon and all the creatures who depend on them. The mine, which would extract copper, gold and other minerals, would be the largest of its kind in North America. And the proposed route for minerals exiting the mine would also violate the sovereignty of several native tribes who refuse access to the company behind the project. The people of the Yup’ik, Dena’ina, and Alutiiq peoples depend on Bristol Bay salmon runs for their survival, as they have for millennia.
Pebble Mine, the Canadian-owned company has continued to push the project despite over a decade of fierce opposition from indigenous groups, environmentalists and the powerful Alaskan fishing industry. It appeared to be on the cusp of a win in July, when the U.S. Army Corps of Engineers released its Final Environmental Impact Statement green-lighting the project. Opponents blasted the document, saying the Corps ignored scientific consensus to find that the project would have “no measurable impact” on the Bristol Bay watershed.
Now, the U.S. Army Corps of Engineers says harmful impacts to the watershed around the proposed mine are “unavoidable.” But it’s not calling for an end to the project. Instead, the Corps says Pebble Mine must provide “in-kind compensatory mitigation” for expected despoliation of 3,285 acres of wetlands, 364 acres of open waters and 185 miles of streams, according to a letter issued today.
That means the company can still pollute the wetlands and waterways of Bristol Bay, as long as it figures out how to replace their core functions, like incubating the eggs of what may be the most important salmon run in the world. It has 90 days to submit its proposal.
Tom Collier, chief executive officer for Pebble, called the development a “normal letter in the permitting process.”
“We believe our final comprehensive management plan submission will be submitted within weeks and will satisfy all of the requirements of the letter,” Collier said in a statement.
But the new requirement is a major improvement over the company’s original plan, according to Brian Litmans, legal director for trustees for Alaska, who called the Pebble’s first mitigation proposal “a joke.” Originally, the company offered to fix culverts hundreds of miles away and give money to indigenous villages for wastewater treatment plants. None of that would have fixed the problems the mine created, Litmans said.
“All the science indicates that this project would be devastating for Bristol Bay,” Litmans said. “It doesn’t help Bristol Bay or the salmon to go preserve some wetlands hundreds of miles away.”
The mine, which will be the largest of its kind in North America, also comes with the danger that the pits containing its toxic waste could fail, spilling poison 100 miles downriver to the bay and out to sea.
“That would be truly disastrous for Bristol Bay,” Litmans said.
Activists involved in the decade-plus fight against the Pebble Mine say political pressure from within the Trump administration was the likely prompt for slowing a project that appeared to be full-steam ahead.
On Aug. 4, Nick Ayers, former aide to Vice President Mike Pence, tweeted his call for the president’s son, Donald Trump Jr., to oppose Pebble Mine. An hour later, Trump Jr. complied.
That launched a cascade of conservatives lending their support to the movement to stop the mine, in advance of today’s surprise letter. But Collier dismissed the narrative that the letter is the culmination of rare agreement among all political factions.
“A clear reading of the letter shows it is entirely unrelated to recent tweets about Pebble and one-sided news shows,” Collier said. “The White House had nothing to do with the letter nor is it the show-stopper described by several in the news media over the weekend.”
The Corps says it will use the company’s proposed mitigation plan to develop its Record of Decision, which will memorialize the agency’s final decision on whether to allow the project to proceed. That’s also the point at which groups opposing the project can sue to stop it – which happened today in another Alaskan mega-project.
Indigenous Alaskan groups led by the Gwich’in Steering Committee today sued Interior Secretary David Bernhardt and the Bureau of Land Management over their Aug. 17 Record of Decision allowing drilling in the Alaskan National Wildlife Refuge.
The National Audubon Society, Center for Biological Diversity, Natural Resources Defense Council and Friends of the Earth filed a second lawsuit Monday over the same issue and against the same defendants.
"Birds can't vote, and they can't file a lawsuit — but we can,” David Yarnold, president and CEO of the National Audubon Society, said in a statement. “This is an all-hands-on-deck moment to defend the Arctic National Wildlife Refuge and protect America's bird nursery from drilling.”
The decision, which would open the entire 1.5 million acre coastal plain of the refuge for oil and gas leasing, would imperil the caribou herds indigenous peoples depend on for survival. The coastal plain is also home to dens for countless wolves and polar bears. But the Bureau of Land Management ignored the science and didn’t take indigenous input seriously, according to the lawsuit.
“BLM’s decision to violate lands sacred to my people and essential to the health of the Porcupine caribou herd is an attack on our rights, our culture and our way of life,” said Bernadette Demientieff, executive director of the Gwich’in Steering Committee. “We have lived and thrived in the Arctic for thousands of years. We have listened and learned from our elders, and we know we must stand united to protect future generations, and that means going to court to protect the caribou herd and sacred lands.”


Top Eight

Your Monday night briefing from the staff of Courthouse News Top eight CNS stories for today including delegates kicked off the scaled-down 2020 Republican National Convention by officially renominating President Donald Trump ; The California Supreme Court reversed Scott Peterson ’ s death sentence due to jury selection errors ; The head of the World Health Organization said “ there is light at the end of the tunnel ” thanks to new coronavirus treatments and the prospect of vaccines , and more .
Sign up for CNS Top Eight , a roundup of the day ’ s top stories delivered @ @ @ @ @ @ @ .
1 . )
Delegates kicked off the scaled-down 2020 Republican National Convention by officially renominating President Donald Trump and Vice President Mike Pence on Monday morning in Charlotte .
2 . )
Senator Ron Wyden on Monday asked former national security adviser John Bolton to discuss claims from his 2020 book that President Donald Trump tried to scuttle a record-breaking money-laundering prosecution as a favor to Turkish President Recep Tayyip Erdoğan .
3 . )
EPA Administrator Andrew Wheeler announced Monday the limited emergency approval of a disinfectant that the agency says @ @ @ @ @ @ @ surfaces for up to seven days .
4 . )
Nearly 16 years after being sentenced to death for the murders of his wife Laci and unborn child , Scott Peterson won a reprieve of sorts Monday : The California Supreme Court reversed his death sentence due to jury selection errors — but the murder convictions stand .
5 . )
Following a weekend of improved weather conditions across much of the state , California firefighters are gaining on the series of historic wildfires that have burned an area the size of Rhode @ @ @ @ @ @ @ 6 . )
All tropical storm warnings and watches for the Louisiana coast were dropped Monday afternoon as Tropical Storm Marco continued to weaken , while Tropical Storm Laura gained intensity as its path shifted west toward Texas .
7 . )
The global death toll from the coronavirus pandemic surged past 800,000 over the weekend , but the head of the World Health Organization said Monday “ there is light at the end of the tunnel ” thanks to new treatments and the prospect of vaccines .
8 . )
Scientists from @ @ @ @ @ @ @ a region of high melting activity beneath Shirase Glacier Tongue in East Antarctica responsible for an alarming rate of ice loss , which will give them better insight into predicting sea-level rise from glacial melting .

Top eight CNS stories for today including delegates kicked off the scaled-down 2020 Republican National Convention by officially renominating President Donald Trump; The California Supreme Court reversed Scott Peterson’s death sentence due to jury selection errors; The head of the World Health Organization said “there is light at the end of the tunnel” thanks to new coronavirus treatments and the prospect of vaccines, and more.
Your Monday night briefing from the staff of Courthouse News
Top eight CNS stories for today including delegates kicked off the scaled-down 2020 Republican National Convention by officially renominating President Donald Trump; The California Supreme Court reversed Scott Peterson’s death sentence due to jury selection errors; The head of the World Health Organization said “there is light at the end of the tunnel” thanks to new coronavirus treatments and the prospect of vaccines, and more.
Sign up for CNS Top Eight, a roundup of the day’s top stories delivered directly to your email Monday through Friday.
National
1.) Delegates kicked off the scaled-down 2020 Republican National Convention by officially renominating President Donald Trump and Vice President Mike Pence on Monday morning in Charlotte.
The room is set and delegates begin to arrive for the first day of the Republican National Convention, Monday, Aug. 24, 2020, in Charlotte, N.C. (AP Photo/Chris Carlson)
2.) Senator Ron Wyden on Monday asked former national security adviser John Bolton to discuss claims from his 2020 book that President Donald Trump tried to scuttle a record-breaking money-laundering prosecution as a favor to Turkish President Recep Tayyip Erdoğan.
Sen. Ron Wyden, D-Ore., speaks during a Senate Intelligence Committee nomination hearing for Rep. John Ratcliffe, R-Texas, on Capitol Hill in Washington, Tuesday, May. 5, 2020. The panel is considering Ratcliffe's nomination for director of national intelligence. (AP Photo/Andrew Harnik, Pool)
3.) EPA Administrator Andrew Wheeler announced Monday the limited emergency approval of a disinfectant that the agency says can kill the new coronavirus on treated surfaces for up to seven days.
GermBlast employee Jade Davis fumigates disinfectant onto student lockers at Bowie Middle School in Odessa, Texas on Tuesday, July 28, 2020. The cleaning crew that Davis is part of is one of many measures to be implemented to help ensure the safety of students and school staff from COVID-19 in the case of an in-person return to school in Odessa. (Eli Hartman/Odessa American via AP)
Regional
4.) Nearly 16 years after being sentenced to death for the murders of his wife Laci and unborn child, Scott Peterson won a reprieve of sorts Monday: The California Supreme Court reversed his death sentence due to jury selection errors — but the murder convictions stand.
FILE - In this April 21, 2003, file photo, Sarah Kellison stands in front of a memorial in honor of Laci Peterson outside the house Laci shared with her husband Scott Peterson in Modesto, Calif. The California Supreme Court overturned the 2005 death sentence for Peterson in the slaying of his pregnant wife. It upheld his 2004 conviction of murdering Laci Peterson, who was eight months pregnant with their unborn son. (AP Photo/Marcio Jose Sanchez, File)
5.) Following a weekend of improved weather conditions across much of the state, California firefighters are gaining on the series of historic wildfires that have burned an area the size of Rhode Island in just over a week.
Flames from the LNU Lightning Complex fires jump Butts Canyon Rd. on Sunday, Aug. 23, 2020, as firefighters work to contain the blaze in unincorporated Lake County. The fire has killed four people, destroyed 870 structures and scorched more than 350,000 acres according to Cal Fire. (AP Photo/Noah Berger)
6.) All tropical storm warnings and watches for the Louisiana coast were dropped Monday afternoon as Tropical Storm Marco continued to weaken, while Tropical Storm Laura gained intensity as its path shifted west toward Texas.
Some businesses in New Orleans’ French Quarter were preparing Sunday, Aug. 23, 2020, for the impact of Tropical Storms Marco and Laura. (Courthouse News photo/Sabrina Canfield)
International
7.) The global death toll from the coronavirus pandemic surged past 800,000 over the weekend, but the head of the World Health Organization said Monday “there is light at the end of the tunnel” thanks to new treatments and the prospect of vaccines.
A man wearing a face masks walks past an idol of elephant-headed Hindu god Ganesha during reimposed weekend lockdown to prevent the spread of the coronavirus in Jammu, India Saturday, Aug. 22, 2020. India has the third-highest caseload after the United States and Brazil, and the fourth-highest death toll in the world. (AP Photo/Channi Anand)
8.) Scientists from Hokkaido University announced Monday they have discovered a region of high melting activity beneath Shirase Glacier Tongue in East Antarctica responsible for an alarming rate of ice loss, which will give them better insight into predicting sea-level rise from glacial melting.


courthousenews--2020-08-24--Fourth Circuit Strikes Down Parts of Anti-Riot Law

The appellate court ’ s ruling comes a year after a federal judge in a separate case held that the entire Anti-Riot Act is unconstitutional .
RICHMOND , Va. ( CN ) — The Fourth Circuit on Monday upheld the convictions of two members of a white supremacist group involved in the 2017 Unite the Right rally in Charlottesville , but the Virginia-based appeals court also invalidated sections of a 52-year-old anti-riot law for infringing on free speech .
Michael Paul Miselis and Benjamin Drake Daley both traveled from California to attend the event held just over three years ago @ @ @ @ @ @ @ marred by street fights , the death of counter protester Heather Heyer , and President Donald Trump praising “ very fine people on both sides , ” it also led to criminal prosecutions for Daley and Miselis after they admitted to being involved in the street fights .
Court documents show the two Southern California natives , who were linked to the white supremacist group Rise Above Movement , traveled to Charlottesville and were involved in two events over the course of about 24 hours – a late night tiki torch march that @ @ @ @ @ @ @ and the following day ’ s rally that also ended in violence between the two sides .
A federal investigation led to charges against Daley and Miselis for conspiracy to commit an offense against the United States , as well as traveling in interstate commerce with intent to riot in violation of the federal Anti-Riot Act .
While they both pleaded conditionally guilty to the former charge , they appealed the constitutionality of the latter .
The Anti-Riot Act is nestled inside the Civil Rights Act of 1968 , and while it was @ @ @ @ @ @ @ groups like the Klu Klux Klan , it has been used against civil rights advocates as well .
On Monday , a three-judge panel of the Richmond-based Fourth Circuit agreed that are constitutional flaws in the federal anti-riot law .
“ In our view , the Anti-Riot Act sweeps up a substantial amount of speech that retains the status of protected advocacy… insofar as it encompasses speech tending to ‘ encourage ’ or ‘ promote ’ a riot… as well as speech ‘ urging ’ others to riot or ‘ involving ’ mere @ @ @ @ @ @ @ .
Circuit Judge Albert Diaz , a Barack Obama appointee , in a unanimous 46-page opinion .
“ In all other aspects , however , we find the statute consistent with the First Amendment.
” To that end , the panel struck several specific words from the law , including the aforementioned “ encourage , ” “ promote , ” and “ urging.
” “ Such minimal severance is consistent with Congress ’ s basic objective in enacting the Anti-Riot Act , ” Diaz added .
“ We think that objective is to @ @ @ @ @ @ @ , unprotected speech and conduct that both relates to a riot and involves the use of interstate commerce.
” But the ruling wasn ’ t a win for Daley and Miselis , as the panel found evidence of their offenses supports their convictions .
“ Because the record… establishes conclusively that the defendants ’ substantive offense conduct falls under the statute ’ s surviving purposes , their convictions must stand , ” Diaz wrote .
“ The defendants admitted to having each ( as part of an assemblage of three or more ) @ @ @ @ @ @ @ —including but not limited to pushing , punching , kicking , choking , head-butting , and otherwise assaulting numerous individuals , and none of which ‘ were in self-defense.
’ ” ( Parentheses in original . )
In an emailed statement , Lisa Lorish and Raymond Tarlton , the two lawyers who argued on behalf of Daley and Miselis , praised the Fourth Circuit as the first federal appellate court to find the Anti-Riot Act overly broad .
“ This ruling has particular significance as the Department of Justice is actively using this @ @ @ @ @ @ @ of the protests following the murder of George Floyd after decades of little to no use of the law , ” they wrote , pointing to criminal charges supported by Attorney General William Barr in the wake of nationwide unrest .
Last year , a federal judge in California held that the entire Anti-Riot Act is unconstitutional , finding it “ regulates a substantial amount of protected speech and assembly , ” and dropped criminal charges against several other Rise Above Movement members .
Miselis and Daley ’ s lawyers were disappointed in @ @ @ @ @ @ @ at the Fourth Circuit .
“ We will be evaluating potential next steps with our clients , ” they said .
Requests for comment from the U.S. Attorney ’ s Office in Roanoke were not returned by press time .

The Fourth Circuit on Monday upheld the conviction of two white supremacists involved in the 2017 Unite the Right rally in Charlottesville, but the Virginia-based appeals court also invalidated sections of a 52-year-old anti-riot law for infringing on free speech
RICHMOND, Va. (CN) — The Fourth Circuit on Monday upheld the convictions of two members of a white supremacist group involved in the 2017 Unite the Right rally in Charlottesville, but the Virginia-based appeals court also invalidated sections of a 52-year-old anti-riot law for infringing on free speech.
Michael Paul Miselis and Benjamin Drake Daley both traveled from California to attend the event held just over three years ago this month. While the rally was marred by street fights, the death of counter protester Heather Heyer, and President Donald Trump praising “very fine people on both sides,” it also led to criminal prosecutions for Daley and Miselis after they admitted to being involved in the street fights.
Court documents show the two Southern California natives, who were linked to the white supremacist group Rise Above Movement, traveled to Charlottesville and were involved in two events over the course of about 24 hours – a late night tiki torch march that ended in fights with counter protesters, and the following day’s rally that also ended in violence between the two sides.
A federal investigation led to charges against Daley and Miselis for conspiracy to commit an offense against the United States, as well as traveling in interstate commerce with intent to riot in violation of the federal Anti-Riot Act. While they both pleaded conditionally guilty to the former charge, they appealed the constitutionality of the latter.
The Anti-Riot Act is nestled inside the Civil Rights Act of 1968, and while it was intended to address interstate efforts by racist groups like the Klu Klux Klan, it has been used against civil rights advocates as well.
On Monday, a three-judge panel of the Richmond-based Fourth Circuit agreed that are constitutional flaws in the federal anti-riot law.
“In our view, the Anti-Riot Act sweeps up a substantial amount of speech that retains the status of protected advocacy… insofar as it encompasses speech tending to ‘encourage’ or ‘promote’ a riot... as well as speech ‘urging’ others to riot or ‘involving’ mere advocacy of violence,” wrote U.S. Circuit Judge Albert Diaz, a Barack Obama appointee, in a unanimous 46-page opinion. “In all other aspects, however, we find the statute consistent with the First Amendment.”
To that end, the panel struck several specific words from the law, including the aforementioned “encourage,” “promote,” and “urging.”
“Such minimal severance is consistent with Congress’s basic objective in enacting the Anti-Riot Act,” Diaz added. “We think that objective is to proscribe, to the maximum permissible extent, unprotected speech and conduct that both relates to a riot and involves the use of interstate commerce.”
But the ruling wasn’t a win for Daley and Miselis, as the panel found evidence of their offenses supports their convictions.
“Because the record... establishes conclusively that the defendants’ substantive offense conduct falls under the statute’s surviving purposes, their convictions must stand,” Diaz wrote. “The defendants admitted to having each (as part of an assemblage of three or more) ‘personally committed multiple violent acts’—including but not limited to pushing, punching, kicking, choking, head-butting, and otherwise assaulting numerous individuals, and none of which ‘were in self-defense.’” (Parentheses in original.)
In an emailed statement, Lisa Lorish and Raymond Tarlton, the two lawyers who argued on behalf of Daley and Miselis, praised the Fourth Circuit as the first federal appellate court to find the Anti-Riot Act overly broad.
“This ruling has particular significance as the Department of Justice is actively using this law to prosecute individuals in the aftermath of the protests following the murder of George Floyd after decades of little to no use of the law,” they wrote, pointing to criminal charges supported by Attorney General William Barr in the wake of nationwide unrest.
Last year, a federal judge in California held that the entire Anti-Riot Act is unconstitutional, finding it “regulates a substantial amount of protected speech and assembly,” and dropped criminal charges against several other Rise Above Movement members.
Miselis and Daley’s lawyers were disappointed in their clients not getting the same break at the Fourth Circuit.
“We will be evaluating potential next steps with our clients,” they said.
Requests for comment from the U.S. Attorney’s Office in Roanoke were not returned by press time.


courthousenews--2020-08-25--Covid in Nursing Homes

Covid in Nursing Homes

ROCHESTER , N.Y. — A skilled nursing residential health care facility in New York claims the state ’ s health @ @ @ @ @ accept admissions without regard for whether those residents were contagious with Covid-19 .

The technical storage or access that is used exclusively for statistical purposes.
The technical storage or access that is used exclusively for anonymous statistical purposes. Without a subpoena, voluntary compliance on the part of your Internet Service Provider, or additional records from a third party, information stored or retrieved for this purpose alone cannot usually be used to identify you.


College Football

MACON , Ga. — A former Auburn football player brought a putative class action against the NCAA , claiming it @ @ @ @ @ about the long term health effects of the “ repetitive and violent impacts to players @ @ @ @


Contamination

HOUSTON — In a complaint filed in Harris County , Texas , Union Pacific Railroad Company is accused of knowingly @ @ @ @ @ ’ s Fifth Ward and Kashmere Gardens neighborhoods , causing plaintiffs to allegedly suffer cancer @ @ @ @ @ .


Basic Protections

SANTA FE , N.M. — New Mexico has refused to provide incarcerated people “ even the most basic protections ” @ @ @ @ @ coronavirus , plaintiffs , including the American Civil Liberties Union of New Mexico and the @ @ @ @ @ , claim in a complaint filed in state court Monday .


Air Quality Plan

SAN FRANCISCO — The Center for Biological Diversity and other conservation groups sued the Environmental Protection Agency over the approval @ @ @ @ @ for Ventura County , California , the groups claim is inadequate .


courthousenews--2020-08-25--Judge Says Epic Games Can’t Force Apple to Reinstate ‘Fortnite’ to App Store

OAKLAND , Calif. ( CN ) — Epic Games can not force Apple to reinstate its popular “ Fortnite ” game on the Apple app store because it chose to breach a contract instead of maintaining the status quo while its antitrust suit against the tech giant moves forward , a federal judge said Monday .
“ In my view you can not have irreparable harm when you create a harm yourself , ” U.S. District Judge Yvonne Gonzalez Rogers said during a virtual court hearing Monday .
Epic Games sued Apple and Google on Aug. 13 after the tech @ @ @ @ @ @ @ app stores due to an ongoing dispute over commissions .
The dispute started when Epic Games introduced a “ hotfix ” to its game allowing users to pay it directly for in-app purchases instead of going through Apple , which earns a 30 % commission on all app payments .
During a motion for a temporary restraining order Monday , Gonzalez Rogers suggested Apple ’ s conduct may be anticompetitive but she rebuked Epic Games for choosing to take a confrontational approach instead of merely suing Apple and seeking monetary damages for the @ @ @ @ @ @ @ to do is remove the hotfix , go back to the status quo and nobody suffers harm , ” Gonzalez Rogers said .
However , the judge said she was inclined to stop Apple from restricting another Epic Games app in retaliation for its conduct .
Apple blocked Unreal Engine , a game engine used by third-party developers to create games , which is distributed by a subsidiary of Epic Games and operates under a separate licensing agreement with Apple .
Gonzalez-Rogers said Apple may have gone too far in blocking Unreal Engine @ @ @ @ @ @ @ the terms of its contract .
“ Apple has moved beyond its one contract with Epic games and is using its hard leverage and has slammed epic games with this additional penalty , ” Gonzalez Rogers said .
“ It does to me look retaliatory.
” Insisting that a temporary restraining order against Apple would be in the public interest , Epic Games attorney Katherine Forrest of Cravath Swaine and Moore argued that “ Fortnite ” is more than just a game ; it ’ s a social environment that users depend on @ @ @ @ @ @ @ , she said .
During a pandemic , “ these kinds of social connections become incredibly important , ” Forrest told the judge .
Apple users won ’ t be able to access “ Fortnite ” after Aug. 28 when a new “ season ” of the game starts , which will require an update through the app store .
Gonzalez Rogers told Forrest that her client “ strategically in a calculated move ” decided to breach its contract with Apple right before a new season was set to start .
Forrest also @ @ @ @ @ @ @ damage and harm to its goodwill as a result of Apple pulling its game from the app store .
She said Epic is receiving “ loads of customer complaints ” about the situation .
Gonzalez Rogers was unsympathetic , noting that Epic Games chose to sneak in code for its own payment system in a “ hotfix ” for the game without first disclosing it to Apple .
“ Your client created the situation , ” Gonzalez Rogers said .
“ Your client doesn ’ t come to this court with clean hands.
@ @ @ @ @ @ @ cases establish that one need not comply with contractual obligations that violate antitrust laws .
Gonzalez Rogers refused to consider those cases because they were not cited in written arguments .
When the judge asked if there was any reason why Epic Games could not undo its bypass of Apple ’ s payment system for in-app purchases , Forrest acknowledged there is no technical barrier to switching back .
However , she suggested it would be unconscionable to return to a situation where her client submits to Apple ’ s allegedly monopolistic conduct @ @ @ @ @ @ @ flip a switch and go back into an anticompetitive contract , ” Forrest said .
“ The court would be asking us to engage in the scheme with Apple that provides for the anticompetitive kinds of lack of competition.
” Epic Games is only seeking injunctive relief , not monetary damages , to make Apple stop requiring 30 % commissions for in-app purchases .
Gonzalez Rogers issued an eight-page ruling late Monday night refusing to make Apple reinstate “ Fortnite ” on its app store but also blocking Apple from restricting other apps @ @ @ @ @ @ @ app store .
The judge also scheduled a preliminary injunction hearing for Sept. 28 .
Attorneys for Apple and Epic Games said they would move quickly to prepare for a bench trial within six to eight months .
Apple ’ s payment policy has been at the center of a slew of lawsuits from app developers claiming the tech giant is using its app store to exert monopolistic power over the market .
Last year , the Supreme Court advanced a consumer class action claiming Apple exerts monopoly power to make consumers pay @ @ @ @ @ @ @ a more competitive marketplace .

Epic Games cannot force Apple to reinstate its popular Fortnite game on the Apple app store because it chose to breach a contract instead of maintaining the status quo while its antitrust suit against the tech giant moves forward, a federal judge said Monday.
OAKLAND, Calif. (CN) — Epic Games cannot force Apple to reinstate its popular "Fortnite" game on the Apple app store because it chose to breach a contract instead of maintaining the status quo while its antitrust suit against the tech giant moves forward, a federal judge said Monday.
“In my view you cannot have irreparable harm when you create a harm yourself,” U.S. District Judge Yvonne Gonzalez Rogers said during a virtual court hearing Monday.
Epic Games sued Apple and Google on Aug. 13 after the tech companies kicked the video game off their app stores due to an ongoing dispute over commissions. The dispute started when Epic Games introduced a “hotfix” to its game allowing users to pay it directly for in-app purchases instead of going through Apple, which earns a 30% commission on all app payments.
During a hearing on a motion for a temporary restraining order Monday, Gonzalez Rogers suggested Apple’s conduct may be anticompetitive but she rebuked Epic Games for choosing to take a confrontational approach instead of merely suing Apple and seeking monetary damages for the commission payments.
“All Epic has to do is remove the hotfix, go back to the status quo and nobody suffers harm,” Gonzalez Rogers said.
However, the judge said she was inclined to stop Apple from restricting another Epic Games app in retaliation for its conduct. Apple blocked Unreal Engine, a game engine used by third-party developers to create games, which is distributed by a subsidiary of Epic Games and operates under a separate licensing agreement with Apple.
Gonzalez-Rogers said Apple may have gone too far in blocking Unreal Engine because that app did nothing to violate the terms of its contract.
“Apple has moved beyond its one contract with Epic Games and is using its hard leverage and has slammed Epic Games with this additional penalty,” Gonzalez Rogers said. “It does to me look retaliatory.”
Insisting that a temporary restraining order against Apple would be in the public interest, Epic Games attorney Katherine Forrest of Cravath Swaine and Moore argued that "Fortnite" is more than just a game; it’s a social environment that users depend on to connect with people around the globe, she said.
During a pandemic, “these kinds of social connections become incredibly important,” Forrest told the judge.
Apple users won’t be able to access "Fortnite" after Aug. 28 when a new “season” of the game starts, which will require an update through the app store.
Gonzalez Rogers told Forrest that her client “strategically in a calculated move” decided to breach its contract with Apple right before a new season was set to start.
Forrest also argued that Epic Games is suffering reputational damage and harm to its goodwill as a result of Apple pulling its game from the app store. She said Epic is receiving “loads of customer complaints” about the situation.
Gonzalez Rogers was unsympathetic, noting that Epic Games chose to sneak in code for its own payment system in a “hotfix” for the game without first disclosing it to Apple.
“Your client created the situation,” Gonzalez Rogers said. “Your client doesn’t come to this court with clean hands.”
Forrest argued that multiple Supreme Court cases establish that one need not comply with contractual obligations that violate antitrust laws. Gonzalez Rogers refused to consider those cases because they were not cited in written arguments.
When the judge asked if there was any reason why Epic Games could not undo its bypass of Apple’s payment system for in-app purchases, Forrest acknowledged there is no technical barrier to switching back. However, she suggested it would be unconscionable to return to a situation where her client submits to Apple’s allegedly monopolistic conduct.
“We can’t just flip a switch and go back into an anticompetitive contract,” Forrest said. “The court would be asking us to engage in the scheme with Apple that provides for the anticompetitive kinds of lack of competition.”
Epic Games is only seeking injunctive relief, not monetary damages, to make Apple stop requiring 30% commissions for in-app purchases.
Gonzalez Rogers issued an eight-page ruling late Monday night refusing to make Apple reinstate "Fortnite" on its app store but also blocking Apple from restricting other apps by Epic Games’ affiliates on its app store.
The judge also scheduled a preliminary injunction hearing for Sept. 28.
Attorneys for Apple and Epic Games said they would move quickly to prepare for a bench trial within six to eight months.
Apple’s payment policy has been at the center of a slew of lawsuits from app developers claiming the tech giant is using its app store to exert monopolistic power over the market. Last year, the Supreme Court advanced a consumer class action claiming Apple exerts monopoly power to make consumers pay more for apps than they would in a more competitive marketplace.


courthousenews--2020-08-25--Republican Convention Speakers Offer a Grim Outlook for an America Without Trump as President

( CN ) — The first night of the Republican National Convention Monday was themed “ Land of Promise , ” but speakers predicted America ’ s future won ’ t be so promising if Democrats win in November and warned the country would look like a “ horror movie ” if President Donald Trump is voted out .
An array of speakers virtually joined in from multiple locations during the first night of the convention , urging Americans to opt for the sitting president on Nov. 3 .
“ From a global pandemic , to the deaths of George @ @ @ @ @ @ @ tested our nation in ways we haven ’ t seen for decades , ” South Carolina Senator Tim Scott told viewers Monday .
“ But regardless of the challenges presented to us … every four years … Americans come together to vote , ” Scott said .
“ To share stories of what makes our nation strong , and the lessons we have learned that can strengthen it further for our children and grandchildren.
” The senator , whose remarks closed the night ’ s events , urged voters not to look back @ @ @ @ @ @ @ the campaign trail , but “ to look back at what they ’ ve done.
” Former U.N .
Ambassador Nikki Haley and Donald Trump Jr. headlined the second half of the night , telling constituents that Trump earned four more years as president .
“ Joe Biden and the Democrats are still blaming America first .
Donald Trump has always put America first , ” Haley said .
“ The former vice president has a record of weakness and failure .
Joe Biden is good for Iran and ISIS … great for @ @ @ @ @ @ @ a godsend to everyone who wants America to apologize , abstain , and abandon our values , ” she said .
Charlie Kirk , 26 , of Turning Point USA told viewers that “ Trump is the bodyguard of Western civilization , ” as he kicked off the night .
“ Trump was elected to protect our families , our loved ones , from the vengeful mob that wishes to destroy our way of life , our neighborhoods , schools , church , and values , ” Kirk said .
“ President Trump @ @ @ @ @ @ @ American way of life.
” The Turning Point leader echoed rhetoric spouted by Trump and many of the delegates who renominated him earlier in the day .
Describing the lack of Hollywood figures to endorse Trump during the RNC as a positive , Republicans sought to separate their convention from that of the Democrats by featuring “ ordinary ” people .
Kirk was followed by the recorded testimonies of a teacher , a small coffee shop owner and a nurse , all of whom praised the Trump administration before Florida Representative Matt Gaetz @ @ @ @ @ @ @ that ’ s the hashtag promoted by AOC and the socialists , and they will settle because they know it ’ ll be like “ Weekend at Bernie ’ s ” — and they ’ ll be pulling the strings , ” Gaetz said .
“ But instead of a comedy , it ’ s a horror movie , ” he added .
“ They ’ ll disarm you , empty the prisons , lock you in your home , and invite MS-13 to live next door .
And the defunded police aren @ @ @ @ @ @ @ Klacik , who is running for Congress in Maryland ’ s 7th district , turned the focus of her short talk to blue states .
She told viewers that a “ cycle of decay ” exists in Democrat-led cities .
“ And yet , the Democrats still assume that Black people will vote for them , no matter how much they let us down and take us for granted , ” she said .
“ We ’ re sick of it and not going to take it anymore .
The days of blindly @ @ @ @ @ @ @ end.
” Scott , who is Black , also spoke against the idea that Black people ’ s support of Democrats was a given .
“ Joe Biden said if a Black man didn ’ t vote for him , he wasn ’ t truly Black .
Joe Biden said Black people are a monolithic community , ” Scott said .
The speeches on Monday night were spliced with videos praising Trump , one of which claimed Trump ’ s response to the coronavirus in the U.S. mitigated the impact of the virus @ @ @ @ @ @ @ earlier on Monday that the coronavirus pandemic , which has killed over 170,000 Americans , could have been worse had he not stopped flights from China .
“ The President quickly took action and shut down travel from China .
Joe Biden and his Democrat allies called my father a racist and xenophobe for doing it , ” Trump Jr. said Monday night .
“ They put political correctness ahead of the safety and security of the American people .
Fortunately , as the virus began to spread , the President acted quickly @ @ @ @ @ @ @ needed them most .
He delivered PPE to our brave frontline workers.
” Republican delegates from every state and U.S. territory renominated Trump for a second term during a roll call vote in Charlotte , North Carolina , Monday morning .
The largely in-person nomination proceedings starkly contrasted Democrats ’ entirely virtual nomination of former Vice President Joe Biden last week .
Republican National Committee Chair Ronna McDaniel and several Trump aides have spent the build-up to Monday touting the convention as “ aspirational ” and full of hope .
McDaniel said this @ @ @ @ @ @ @ ” expressed during the Democrats ’ convention last week when Biden painted the last four years as a “ dark chapter ” in American history .
However , Trump kicked off Monday ’ s events with a slew of ominous claims .
After securing the Republican party ’ s nomination , Trump surprised the crowd in Charlotte with a nearly hour-long speech that served to cast doubt on election result accuracy — if he loses — and put the “ radical Democrats ” on blast .
“ The only way they can take @ @ @ @ @ @ @ it ’ s a rigged election , ” he said of his Democratic foes .
Trump added without evidence that the Democrats “ are trying to do it with the whole post office scam , they ’ ll blame it on the post office .
You can see them setting it up .
Be very careful and watch it very carefully.
” The partially masked group of attendees danced gleefully to the Village People ’ s “ YMCA ” as Trump descended the stage .
The convention is scheduled to run Aug. 24-27 @ @ @ @ @ @ @ at 8:30 p.m. Eastern Time .

The first night of the Republican National Convention Monday was themed "Land of Promise," but speakers predicted America's future won't be so promising if Democrats win in November and warned the country would look like a "horror movie" if President Donald Trump is voted out.
(CN) — The first night of the Republican National Convention Monday was themed "Land of Promise," but speakers predicted America's future won't be so promising if Democrats win in November and warned the country would look like a "horror movie" if President Donald Trump is voted out.
An array of speakers virtually joined in from multiple locations during the first night of the convention, urging Americans to opt for the sitting president on Nov. 3.
“From a global pandemic, to the deaths of George Floyd and Breonna Taylor, 2020 has tested our nation in ways we haven’t seen for decades,” South Carolina Senator Tim Scott told viewers Monday.
“But regardless of the challenges presented to us … every four years … Americans come together to vote," Scott said. "To share stories of what makes our nation strong, and the lessons we have learned that can strengthen it further for our children and grandchildren."
The senator, whose remarks closed the night's events, urged voters not to look back at what the candidates have said throughout the campaign trail, but “to look back at what they’ve done.”
Former U.N. Ambassador Nikki Haley and Donald Trump Jr. headlined the second half of the night, telling constituents that Trump earned four more years as president.
“Joe Biden and the Democrats are still blaming America first. Donald Trump has always put America first,” Haley said.
“The former vice president has a record of weakness and failure. Joe Biden is good for Iran and ISIS … great for Communist China ... and he’s a godsend to everyone who wants America to apologize, abstain, and abandon our values,” she said.
Charlie Kirk, 26, of Turning Point USA told viewers that “Trump is the bodyguard of Western civilization,” as he kicked off the night.
“Trump was elected to protect our families, our loved ones, from the vengeful mob that wishes to destroy our way of life, our neighborhoods, schools, church, and values,” Kirk said. “President Trump was elected to defend and strengthen the American way of life.”
The Turning Point leader echoed rhetoric spouted by Trump and many of the delegates who renominated him earlier in the day.
Describing the lack of Hollywood figures to endorse Trump during the RNC as a positive, Republicans sought to separate their convention from that of the Democrats by featuring “ordinary” people.
Kirk was followed by the recorded testimonies of a teacher, a small coffee shop owner and a nurse, all of whom praised the Trump administration before Florida Representative Matt Gaetz appeared.
“Settle for Biden — that’s the hashtag promoted by AOC and the socialists, and they will settle because they know it’ll be like "Weekend at Bernie’s" — and they’ll be pulling the strings,” Gaetz said.
“But instead of a comedy, it’s a horror movie," he added. "They’ll disarm you, empty the prisons, lock you in your home, and invite MS-13 to live next door. And the defunded police aren’t on their way.”
Kim Klacik, who is running for Congress in Maryland’s 7th district, turned the focus of her short talk to blue states. She told viewers that a “cycle of decay” exists in Democrat-led cities.
“And yet, the Democrats still assume that Black people will vote for them, no matter how much they let us down and take us for granted,” she said. “We’re sick of it and not going to take it anymore. The days of blindly supporting the Democrats are coming to an end.”
Scott, who is Black, also spoke against the idea that Black people's support of Democrats was a given.
“Joe Biden said if a Black man didn’t vote for him, he wasn’t truly Black. Joe Biden said Black people are a monolithic community," Scott said.
The speeches on Monday night were spliced with videos praising Trump, one of which claimed Trump’s response to the coronavirus in the U.S. mitigated the impact of the virus.
Trump told delegates in North Carolina earlier on Monday that the coronavirus pandemic, which has killed over 170,000 Americans, could have been worse had he not stopped flights from China.
“The President quickly took action and shut down travel from China. Joe Biden and his Democrat allies called my father a racist and xenophobe for doing it,” Trump Jr. said Monday night. “They put political correctness ahead of the safety and security of the American people. Fortunately, as the virus began to spread, the President acted quickly and ensured ventilators got to hospitals that needed them most. He delivered PPE to our brave frontline workers.”
Republican delegates from every state and U.S. territory renominated Trump for a second term during a roll call vote in Charlotte, North Carolina, Monday morning.
The largely in-person nomination proceedings starkly contrasted Democrats’ entirely virtual nomination of former Vice President Joe Biden last week.
Republican National Committee Chair Ronna McDaniel and several Trump aides have spent the build-up to Monday touting the convention as “aspirational” and full of hope.
McDaniel said this differs from the “doom and gloom” expressed during the Democrats’ convention last week when Biden painted the last four years as a “dark chapter” in American history.
However, Trump kicked off Monday’s events with a slew of ominous claims.
After securing the Republican party’s nomination, Trump surprised the crowd in Charlotte with a nearly hour-long speech that served to cast doubt on election result accuracy — if he loses — and put the “radical Democrats” on blast.
"The only way they can take this election away from us is if it's a rigged election,” he said of his Democratic foes.
Trump added without evidence that the Democrats "are trying to do it with the whole post office scam, they'll blame it on the post office. You can see them setting it up. Be very careful and watch it very carefully."
The partially masked group of attendees danced gleefully to the Village People’s “YMCA” as Trump descended the stage.
The convention is scheduled to run Aug. 24-27 for two hours each night, starting at 8:30 p.m. Eastern Time.


courthousenews--2020-08-25--Texas Supreme Court OKs Service of Process Through Social Media, Email

AUSTIN , Texas ( CN ) — The Texas Supreme Court announced Monday that it will allow service of process in civil cases through social media or email if traditional methods of serving lawsuits in-person or through the mail fail .
The nine-member , all-Republican high court approved the proposed amendments to Rule 106 of the Texas Rules of Civil Procedure on August 21 .
Under the change , a plaintiff can serve a defendant “ electronically by social media , email , or other technology ” if face-to-face “ personal service ” or “ substituted service ” through certified @ @ @ @ @ @ @ a plaintiff declines to serve process electronically , he or she still has the option of performing substituted service by leaving a copy of the citation and petition with “ anyone older than sixteen at the location ” specified .
“ In determining whether to permit electronic service of process , a court should consider whether the technology actually belongs to the defendant and whether the defendant regularly uses or recently used the technology , ” the four-page order states .
The Texas Supreme Court has been expected to adopt the changes ever @ @ @ @ @ @ @ 891 last year .
The law amended the Texas Civil Practice and Remedies Code to explicitly direct the high court to “ adopt rules to provide for the substituted service of citation by an electronic communication sent to a defendant through a social media presence.
” The amendments will take effect on Dec. 31 .
The court is seeking public comment on the changes at rulescomments @ txcourts.gov by Dec. 1 and could possibly change the amendments based on the responses .
Blake Hawthorne , the Texas Supreme Court ’ s Clerk of @ @ @ @ @ @ @ are made in consultation with the State Bar of Texas and the Supreme Court Advisory Committee .
“ It is typically a long process with a lot of input , ” he said .
The State Bar did not immediately respond to a request for comment on the amendments Monday .
State and federal courts have slowly warmed to the use of social media and email for substituted service in spite of the obvious due process concerns .
In the New York state case of Baidoo v. Blood-Dzraku in 2015 , a trial @ @ @ @ @ @ @ summons on her husband through a direct message to his Facebook account .
She successfully argued it was necessary because she did not have a street address to conduct personal service face-to-face or substituted service by mail and that he was regularly on his Facebook account conversing with her .
“ Under the circumstance presented here , service by Facebook , albeit novel and nontraditional , is the form of service that most comports with the constitutional standards of due process , ” the opinion stated .
“ Not only is it reasonably @ @ @ @ @ @ @ he is being sued for divorce , but every indication is that it will achieve what should be the goal of every method of service : actually delivering the summons to him.
” The Oklahoma Supreme Court was mindful of the importance of how often an account holder checks his or her social media messages when it rejected the use of substituted process on Facebook in 2014 .
The court ruled in In re Adoption of K.P.M.A .
that a father ’ s parental rights could not be terminated because the mother did @ @ @ @ @ @ @ informing him she was pregnant with his child .
“ Instead of contacting Father directly , Mother left him a message on Facebook , which is an unreliable method of communication if the accountholder does not check it regularly or have it configured in such a way as to provide notification of unread messages by some other means , ” the majority opinion stated .
“ This Court is unwilling to declare notice via Facebook alone sufficient to meet the requirements of the due process clauses of the United States and Oklahoma Constitutions @ @ @ @ @ @ @ inform those affected .
It is , rather , a mere gesture.
” The father in the case testified he first learned about the child ’ s existence seven days after its birth and that he did not know how old the mother ’ s message to him was when he saw it .

The Texas Supreme Court announced Monday that it will allow service of process in civil cases through social media or email if traditional methods of serving lawsuits in-person or through the mail fail.
AUSTIN, Texas (CN) — The Texas Supreme Court announced Monday that it will allow service of process in civil cases through social media or email if traditional methods of serving lawsuits in-person or through the mail fail.
The nine-member, all-Republican high court approved the proposed amendments to Rule 106 of the Texas Rules of Civil Procedure on August 21. Under the change, a plaintiff can serve a defendant “electronically by social media, email, or other technology” if face-to-face “personal service” or “substituted service” through certified or registered mail is unsuccessful. If a plaintiff declines to serve process electronically, he or she still has the option of performing substituted service by leaving a copy of the citation and petition with “anyone older than sixteen at the location” specified.
“In determining whether to permit electronic service of process, a court should consider whether the technology actually belongs to the defendant and whether the defendant regularly uses or recently used the technology,” the four-page order states.
The Texas Supreme Court has been expected to adopt the changes ever since the Texas Legislature enacted Senate Bill 891 last year. The law amended the Texas Civil Practice and Remedies Code to explicitly direct the high court to “adopt rules to provide for the substituted service of citation by an electronic communication sent to a defendant through a social media presence.”
The amendments will take effect on Dec. 31. The court is seeking public comment on the changes at [email protected] by Dec. 1 and could possibly change the amendments based on the responses.
Blake Hawthorne, the Texas Supreme Court’s Clerk of the Court, said the rule changes are made in consultation with the State Bar of Texas and the Supreme Court Advisory Committee.
“It is typically a long process with a lot of input,” he said.
The State Bar did not immediately respond to a request for comment on the amendments Monday.
State and federal courts have slowly warmed to the use of social media and email for substituted service in spite of the obvious due process concerns. In the New York state case of Baidoo v. Blood-Dzraku in 2015, a trial judge allowed a wife to serve divorce summons on her husband through a direct message to his Facebook account. She successfully argued it was necessary because she did not have a street address to conduct personal service face-to-face or substituted service by mail and that he was regularly on his Facebook account conversing with her.
“Under the circumstance presented here, service by Facebook, albeit novel and nontraditional, is the form of service that most comports with the constitutional standards of due process,” the opinion stated. “Not only is it reasonably calculated to provide defendant with notice that he is being sued for divorce, but every indication is that it will achieve what should be the goal of every method of service: actually delivering the summons to him.”
The Oklahoma Supreme Court was mindful of the importance of how often an account holder checks his or her social media messages when it rejected the use of substituted process on Facebook in 2014. The court ruled in In re Adoption of K.P.M.A. that a father’s parental rights could not be terminated because the mother did not use a more direct way of informing him she was pregnant with his child.
“Instead of contacting Father directly, Mother left him a message on Facebook, which is an unreliable method of communication if the accountholder does not check it regularly or have it configured in such a way as to provide notification of unread messages by some other means,” the majority opinion stated. “This Court is unwilling to declare notice via Facebook alone sufficient to meet the requirements of the due process clauses of the United States and Oklahoma Constitutions because it is not reasonably certain to inform those affected. It is, rather, a mere gesture.”
The father in the case testified he first learned about the child’s existence seven days after its birth and that he did not know how old the mother’s message to him was when he saw it.


Warning Labels

SACRAMENTO — A federal court in California denied Attorney General Xavier Becerra ’ s motion to dismiss a Chamber of @ @ @ @ @ a state law that requires businesses to post cancer warning labels on products that contain @ @


Flint Water Crisis

DETROIT — In a case alleging the Environmental Protection Agency was negligent in its response to the Flint water crisis @ @ @ @ @ Michigan denied the federal government ’ s motion to dismiss .


courthousenews--2020-08-28--Judge Debates Restarting Roundup Cancer Litigation Amid Settlement ‘Hiccup’

SAN FRANCISCO ( CN ) — A federal judge may restart litigation over claims that Roundup causes cancer after attorneys representing nearly 3,000 plaintiffs said Bayer-owned Monsanto reneged on a deal to settle their cases .
“ I ’ ve received several confidential letters from plaintiffs ’ counsel .
The upshot of those letters is that counsel is expressing concern that Monsanto is maybe welching on its deal with them , ” U.S. District Judge Vincent Chhabria said at the outset of a case management conference Thursday .
Bayer , which purchased the agrochemical company Monsanto in for $ 63 @ @ @ @ @ @ @ the throes of negotiating settlements with some 4,000 plaintiffs who are part of a federal multidistrict litigation before Chhabria .
But a new wrinkle was introduced when Bayer in June announced plans to settle 125,000 claims nationwide for $ 10 billion .
Special Master Kenneth Feinberg , who is managing the settlement process , said nearly 32,000 have been settled under that agreement .
Chhabria has not yet signed off on that proposed settlement for cases pending in his court , citing as a major sticking point a provision making future class actions @ @ @ @ @ @ @ panel on whether individual cases of cancer were likely caused by the chemical .
There are 4,000 cases in the multidistrict litigation in Chhabria ’ s court .
Of those , 667 have reached settlements in principle , though the plaintiffs have not yet been paid .
The rest are still unresolved .
“ I was told we had a deal , that it was approved .
But the simple fact is we ’ re not settled and as of today they have completely terminated the agreement , ” attorney Brent Wisner told @ @ @ @ @ @ @ at least three attorneys who outlined their concerns in letters to Chhabria ahead of Thursday ’ s conference .
The others are attorneys Aimee Wagstaff with Andrus Wagstaffe and Jennifer Moore with Moore Law Group , whose deals with Bayer remain in limbo .
Wisner of the Baum Hedlund firm said he had signed a term sheet with Bayer months ago and that both sides had been working out procedural details for how the settlement would be administered since May .
“ I signed it and sent to them , and then on @ @ @ @ @ @ @ sheet and with that the terms that we had been settling , ” Wisner said .
“ It has become clear to me that when I was told we had an agreement , either they didn ’ t have the authority to tell me that when they said it to me , or they ’ ve reneged on it .
In either case there ’ s no agreement anymore.
” Moore said she called Bayer in June after the settlement was announced with concerns about how the mass settlement would affect her clients @ @ @ @ @ @ @ , I had a call with Bayer and expressed my concern that we did not have a fully executed master settlement agreement .
At that time , I was assured that was not an issue , ” she said .
“ If I ’ d known then what I know now I would not have agreed to that public announcement.
” Chhabria halted the multidistrict litigation during the settlement process and was exasperated to hear it is at a standstill .
But Bayer attorney William Hoffman characterized the delay as a “ slight @ @ @ @ @ @ @ on the “ holistic ” settlement unveiled in June .
” What we have here is something that occurs in a lot of high stakes negotiations — a speed bump , a slight hiccup , a change in circumstance that led one party to put things on hold temporarily and see if they can put the package they desire back together .
That ’ s what we ’ re working on right now , ” he said .
Chhabria wasn ’ t swayed .
“ I thought the settlements were done .
I @ @ @ @ @ @ @ could dot your i ’ s and cross your t ’ s on the statement you already negotiated , ” he said .
Hoffman replied , “ Frankly , it has become more complicated , ” and proposed the parties move down two tracks — working with Feinberg to get the cases resolved while developing a plan in the next 30 days to reboot litigation .
Wisner said he was eager to get back to court and that he didn ’ t believe the 30 days was necessary .
He currently has four @ @ @ @ @ @ @ have clients who have cancer .
They are dying and every time they die it fundamentally changes the dynamics of their case .
I have an obligation to push those cases forward , ” he said .
“ Frankly , I don ’ t think they ’ ve been honest with me in the process and I ’ m tired of it .
I ’ m not angry , I just want to litigate .
I don ’ t think we need a 30-day process to negotiate a plan .
Just lift the @ @ @ @ @ @ @ discovery.
” Wisner said he is open to negotiating a settlement , but favors getting his cases set for trial in the meantime .
“ I have no objection to Mr. Feinberg doing his wizardry to try to get these cases resolved .
He ’ s the best in the business but in conjunction with Mr. Feinberg ’ s efforts , let ’ s restart this litigation.
” Chhabria seemed to be on the same page , and even suggested setting the next case for a jury trial over Zoom in 2021 .
@ @ @ @ @ @ @ these cases settle , ” Chhabria said .
“ My job is not to settle case .
My job is try cases.
” He said he didn ’ t want the threat of litigation to be used as a pawn in settlement negotiations , however .
“ I ’ m concerned that Monsanto may be manipulating this litigation process to its advantage somehow in these settlement negotiations you all are having , ” he said .
“ There are no shenanigans , no manipulations going on here , ” Hoffman assured the judge @ @ @ @ @ @ @ faith to wrestle to the ground an extraordinarily large and complex settlement process .
The last thing I would do is try to manipulate that process.
” In a statement , Bayer echoed this is a bump in the road .
“ A mass tort settlement of this size and complexity can take significant time before it is fully executed , and we are still early in this process .
There are often some bumps in the road in implementing a resolution of this magnitude , but we remain confident that a comprehensive @ @ @ @ @ @ @ Indeed , while we support the court ’ s dual track approach over the next 30 days , we are optimistic that the finalization of the settlements over this time will make any further steps on the litigation track unnecessary , ” the company said .
Chhabria said he would not lift the stay , as he has “ great confidence ” in Feinberg ’ s ability to reach a resolution in 30 days .
But he said it would not extend the stay any further .
In the meantime , he said @ @ @ @ @ @ @ on a plan for getting litigation back on track , ” which they should present at the next case management conference on Sept. 24 .
He also said the letters submitted confidentially to the court by the plaintiffs ’ attorneys should be made public .
“ This case is a matter of significant public interest , ” he said .
“ To the extent that plaintiffs are concerned that Monsanto is going back on the deal they announced in June , that is not something that should be kept confidential .
”

A federal judge may restart litigation over claims that Roundup causes cancer after attorneys representing nearly 2,200 plaintiffs said Bayer-owned Monsanto reneged on a deal to settle their cases.
SAN FRANCISCO (CN) — A federal judge may restart litigation over claims that Roundup causes cancer after attorneys representing 2,200 plaintiffs said Bayer-owned Monsanto reneged on a deal to settle their cases.
"I've received several confidential letters from plaintiffs' counsel. The upshot of those letters is that counsel is expressing concern that Monsanto is maybe welching on its deal with them,” U.S. District Judge Vincent Chhabria said at the outset of a case management conference Thursday.
Bayer, which purchased the agrochemical company Monsanto in for $63 billion in 2018, is currently in the throes of negotiating settlements with some 4,000 plaintiffs who are part of a federal multidistrict litigation before Chhabria.
But a new wrinkle was introduced when Bayer in June announced plans to settle 125,000 claims nationwide for $10 billion. Special Master Kenneth Feinberg, who is managing the settlement process, said nearly 32,000 have been settled under that agreement.
Chhabria has not yet signed off on that proposed settlement for cases pending in his court, citing as a major sticking point a provision making future class actions contingent on the findings of a scientific panel on whether individual cases of cancer were likely caused by the chemical.
There are 4,000 cases in the multidistrict litigation in Chhabria’s court. Of those, 667 have reached settlements in principle, though the plaintiffs have not yet been paid.
The rest are still unresolved.
“I was told we had a deal, that it was approved. But the simple fact is we're not settled and as of today they have completely terminated the agreement,” attorney Brent Wisner told Chhabria Thursday.
He is one of at least three attorneys who outlined their concerns in letters to Chhabria ahead of Thursday’s conference. The others are attorneys Aimee Wagstaff with Andrus Wagstaffe and Jennifer Moore with Moore Law Group, whose deals with Bayer remain in limbo.
Wisner of the Baum Hedlund firm said he had signed a term sheet with Bayer months ago and that both sides had been working out procedural details for how the settlement would be administered since May.
“I signed it and sent to them, and then on Aug. 19, they terminated the term sheet and with that the terms that we had been settling,” Wisner said. “It has become clear to me that when I was told we had an agreement, either they didn't have the authority to tell me that when they said it to me, or they've reneged on it. In either case there's no agreement anymore.”
Moore said she called Bayer in June after the settlement was announced with concerns about how the mass settlement would affect her clients.
"When the announcement was made, I had a call with Bayer and expressed my concern that we did not have a fully executed master settlement agreement. At that time, I was assured that was not an issue,” she said. “If I'd known then what I know now I would not have agreed to that public announcement.”
Chhabria halted the multidistrict litigation during the settlement process and was exasperated to hear it is at a standstill.
But Bayer attorney William Hoffman characterized the delay as a “slight hiccup” in negotiations as Bayer focuses on the “holistic” settlement unveiled in June.
”What we have here is something that occurs in a lot of high stakes negotiations — a speed bump, a slight hiccup, a change in circumstance that led one party to put things on hold temporarily and see if they can put the package they desire back together. That's what we're working on right now,” he said.
Chhabria wasn’t swayed. “I thought the settlements were done. I put the litigation on hold so you could dot your i's and cross your t’s on the statement you already negotiated,” he said.
Hoffman replied, “Frankly, it has become more complicated,” and proposed the parties move down two tracks — working with Feinberg to get the cases resolved while developing a plan in the next 30 days to reboot litigation.
Wisner said he was eager to get back to court and that he didn’t believe the 30 days was necessary. He currently has four cases pending before Chhabria.
“I have clients who have cancer. They are dying and every time they die it fundamentally changes the dynamics of their case. I have an obligation to push those cases forward,” he said. “Frankly, I don't think they've been honest with me in the process and I'm tired of it. I’m not angry, I just want to litigate. I don't think we need a 30-day process to negotiate a plan. Just lift the stay and we'll start serving discovery.”
Wisner said he is open to negotiating a settlement, but favors getting his cases set for trial in the meantime.
“I have no objection to Mr. Feinberg doing his wizardry to try to get these cases resolved. He's the best in the business but in conjunction with Mr. Feinberg's efforts, let's restart this litigation.”
Chhabria seemed to be on the same page, and even suggested setting the next case for a jury trial over Zoom in 2021.
“I don't care whether these cases settle,” Chhabria said. “My job is not to settle cases. My job is try cases.”
He said he didn’t want the threat of litigation to be used as a pawn in settlement negotiations, however.
“I'm concerned that Monsanto may be manipulating this litigation process to its advantage somehow in these settlement negotiations you all are having,” he said.
“There are no shenanigans, no manipulations going on here,” Hoffman assured the judge. “We are trying in good faith to wrestle to the ground an extraordinarily large and complex settlement process. The last thing I would do is try to manipulate that process.”
In a statement, Bayer echoed this is a bump in the road.
"A mass tort settlement of this size and complexity can take significant time before it is fully executed, and we are still early in this process. There are often some bumps in the road in implementing a resolution of this magnitude, but we remain confident that a comprehensive settlement will be finalized and executed. Indeed, while we support the court’s dual track approach over the next 30 days, we are optimistic that the finalization of the settlements over this time will make any further steps on the litigation track unnecessary,” the company said.
Chhabria said he would not lift the stay, as he has “great confidence” in Feinberg’s ability to reach a resolution in 30 days. But he said it would not extend the stay any further. In the meantime, he said, the parties should “start working on a plan for getting litigation back on track,” which they should present at the next case management conference on Sept. 24.
He also said the letters submitted confidentially to the court by the plaintiffs’ attorneys should be made public.
“This case is a matter of significant public interest,” he said. “To the extent that plaintiffs are concerned that Monsanto is going back on the deal they announced in June, that is not something that should be kept confidential.”


Copper Pipes

SANTA ANA , Calif. — A California appeals court revived a putative class action relating to the use of allegedly @ @ @ @ @ homes in Ladera Ranch , California , finding the claims are permitted by an exception @ @ @ @ @ Repair Act .


Hey Mickey

LOS ANGELES — Toni Basil can not pursue her economic interference , elder abuse and unfair business practices claims against @ @ @ @ @ song “ Mickey ” and its music video without her permission , a California appeals @ @ @ @ @ claims are preempted by the federal Copyright Act .


Protests

SAN FRANCISCO — A federal court in California denied two protesters ’ request to make the Santa Rosa police stop @ @ @ @ @ during Black Lives Matter protests .
The protesters , who were seriously injured after officers @ @ @ @ @ , failed to show the officers were “ acting pursuant to a policy or custom @ @ @ @ @