courthousenews--2020-07-23--Biden Leads Trump by a Point in Tight Race in Texas

AUSTIN , Texas ( CN ) — New polling of Texas voters Wednesday shows Vice President Joe Biden leading President Donald Trump by one point in a further tightening in the traditionally red state .
The Quinnipiac University poll indicated 45 % of voters support Biden while 44 % support Trump .
The June poll was equally tight , with Trump receiving 44 % support to Biden ’ s 43 % .
Trump defeated Hillary Clinton in Texas by nine percentage points in 2016 .
“ With crises swirling through American society and a country deeply divided , there ’ @ @ @ @ @ @ @ , ” said Quinnipiac University polling analyst Tim Malloy .
“ It ’ s a tossup in Texas.
” Fifty-six percent of Texas voters said they believe Trump would be better at handling the economy than Biden , who received 40 % support .
Biden received 51 % support for addressing racial inequality to Trump ’ s 39 % .
Both candidates received 47 % support for how they would handle a crisis .
The candidates ’ bases of support remain deeply polarized , with 94 % of Democrats saying they would support @ @ @ @ @ @ @ back Trump .
Fifty-one percent of independent voters backed Biden while 32 % backed Trump .
Biden enjoys a wider eight point lead nationally in a new Reuters/Ipsos poll Wednesday .
That poll found 46 % of voters supporting Biden while 38 % support Trump .
Sixty-one percent of independent voters in that poll said they support Biden , while 39 % back Trump .
Experts say it is unclear if Trump ’ s sagging support is due to voters making final decisions about the candidates or if they are influenced by the @ @ @ @ @ @ @ and protests in the aftermath of the death of George Floyd at the hands of Minneapolis police .
Trump ’ s dire polling has been blamed for his sudden reversal in embracing the wearing of masks to stop the spread of Covid-19 .
He has been criticized for several weeks for steadfastly refusing to wear one himself when making public appearances .
Trump tweeted Tuesday that it is “ patriotic ” to wear a face mask when social distancing is not possible .
Texas voters remain skeptical of Trump ’ s handling of @ @ @ @ @ @ @ he has handled the crisis better than Biden would , who received 48 % support .
Two-thirds say they “ personally know ” someone diagnosed with the virus , nearly doubling the 35 % of respondents from the school ’ s poll in June .
Texas voters were equally harsh on Governor Greg Abbott , a fellow Republican .
His approval cratered to 48 % , a drop of eight points since the June poll .
Abbott was originally unscathed from the fallout of the virus when stay-at-home orders were issued in March @ @ @ @ @ @ @ he began reopening the state in May and confirmed infections exploded after the Memorial Day holiday .
He was blasted for repeatedly ignoring pleas by county and city officials to roll back his reopening orders and refusing to order mandatory masks .
Abbott relented four weeks ago when he reclosed bars , reduced restaurant capacity to 50 % and required masks in public spaces .
The Department of State Health Services reported 9,879 daily new cases Wednesday with 197 new deaths .
The state has so far recorded 351,618 total cases with 4,348 @ @

New polling of Texas voters Wednesday shows Vice President Joe Biden leading President Donald Trump by one point in a further tightening in the traditionally red state.
AUSTIN, Texas (CN) — New polling of Texas voters Wednesday shows Vice President Joe Biden leading President Donald Trump by one point in a further tightening in the traditionally red state.
The Quinnipiac University poll indicated 45% of voters support Biden while 44% support Trump. The June poll was equally tight, with Trump receiving 44% support to Biden’s 43%. Trump defeated Hillary Clinton in Texas by nine percentage points in 2016.
"With crises swirling through American society and a country deeply divided, there's no other way to slice it,” said Quinnipiac University polling analyst Tim Malloy. “It's a tossup in Texas.”
Fifty-six percent of Texas voters said they believe Trump would be better at handling the economy than Biden, who received 40% support. Biden received 51% support for addressing racial inequality to Trump’s 39%. Both candidates received 47% support for how they would handle a crisis.
The candidates’ bases of support remain deeply polarized, with 94% of Democrats saying they would support Biden, while 89% of Republicans back Trump. Fifty-one percent of independent voters backed Biden while 32% backed Trump.
Biden enjoys a wider 8-point lead nationally in a new Reuters/Ipsos poll Wednesday. That poll found 46% of voters supporting Biden while 38% support Trump. Sixty-one percent of independent voters in that poll said they support Biden, while 39% back Trump.
Experts say it is unclear if Trump’s sagging support is due to voters making final decisions about the candidates or if they are influenced by the immediate, transient events of the pandemic and protests in the aftermath of the death of George Floyd at the hands of Minneapolis police.
Trump’s dire polling has been blamed for his sudden reversal in embracing the wearing of masks to stop the spread of Covid-19. He has been criticized for several weeks for steadfastly refusing to wear one himself when making public appearances. Trump tweeted Tuesday that it is “patriotic” to wear a face mask when social distancing is not possible.
Texas voters remain skeptical of Trump’s handling of the pandemic as 45% told Quinnipiac he has handled the crisis better than Biden would, who received 48% support. Two-thirds say they “personally know” someone diagnosed with the virus, nearly doubling the 35% of respondents from the school’s poll in June.
Texas voters were equally harsh on Governor Greg Abbott, a fellow Republican. His approval cratered to 48%, a drop of eight points since the June poll.
Abbott was originally unscathed from the fallout of the virus when stay-at-home orders were issued in March, but his numbers steadily declined after he began reopening the state in May and confirmed infections exploded after the Memorial Day holiday. He was blasted for repeatedly ignoring pleas by county and city officials to roll back his reopening orders and refusing to order mandatory masks.
Abbott relented four weeks ago when he reclosed bars, reduced restaurant capacity to 50% and required masks in public spaces.
The Department of State Health Services reported 9,879 daily new cases Wednesday with 197 new deaths. The state has so far recorded 351,618 total cases with 4,348 deaths.


courthousenews--2020-07-23--Judge Denies Release of Immigrant Detainees in California’s Covid-19 Hotspot

SAN DIEGO ( CN ) — Calling the Imperial Regional Detention Facility “ a lone bright spot for Imperial County , ” a federal judge Wednesday declined the American Civil Liberty Union ’ s request to order the release of at-risk immigration detainees in the facility , which despite being in the center of California ’ s coronavirus hotspot , has only had two detainees test positive for Covid-19 .
In a brief 5-page order , U.S. District Judge Dana Sabraw denied the ACLU ’ s request to release medically vulnerable immigrant detainees at the IRDF at-risk of contracting Covid-19 @ @ @ @ @ @ @ appropriate prevention and protection measures to ensure the facility doesn ’ t experience the outbreak calamity which happened 135 miles west at the Otay Mesa Detention Center in San Diego .
Sabraw noted education and training for staff and detainees alike , along with enhanced sanitation , social distancing , use of personal protective equipment and quarantining new detainees were among the steps taken in addition to reducing the overall detainee population to prevent an outbreak within the facility .
Only two detainees had tested positive for Covid-19 , who have since recovered @ @ @ @ @ @ @ the preventative measures , Sabraw wrote .
“ The conditions inside IRDF are a lone bright spot for Imperial County , generally , which , as of last week , had the highest rate of Covid-19 spread and highest Covid-19 mortality rate in California , ” Sabraw wrote , in denying the request for a preliminary injunction .
In seeking the preliminary injunction , the ACLU argued because the IRDF had not tested all detainees and wasn ’ t maximizing social distancing due to the closure of housing pods for construction maintenance , @ @ @ @ @ @ @ to life .
But like he did during the virtual court hearing on the matter , Sabraw identified distinctions between the two Southern California detention facilities , noting unlike the OMDC , medically vulnerable detainees were not being housed alongside others who had tested positive for Covid-19 .
For the six pending tests awaiting results , Sabraw stated his confidence the IRDF could prevent any potential coronavirus spread should any of the tests come back positive .
“ Defendants appear to have the necessary protective measures in place to protect other detainees from @ @ @ @ @ @ @ .
“ Given the current conditions at IRDF , Plaintiffs have not shown a likelihood of success on their substantive due process claim , ” he added .
Email requests for comment to the ACLU and Justice Department were not immediately returned .

Calling the Imperial Regional Detention Facility “a lone bright spot for Imperial County,” a federal judge Wednesday declined the American Civil Liberty Union’s request to order the release of at-risk immigration detainees in the facility, which despite being in the center of California’s coronavirus hotspot, has only had two detainees test positive for Covid-19.
SAN DIEGO (CN) — Calling the Imperial Regional Detention Facility “a lone bright spot for Imperial County,” a federal judge Wednesday declined the American Civil Liberty Union’s request to order the release of at-risk immigration detainees in the facility, which despite being in the center of California’s coronavirus hotspot, has only had two detainees test positive for Covid-19.
In a brief 5-page order, U.S. District Judge Dana Sabraw denied the ACLU’s request to release medically vulnerable immigrant detainees at the IRDF at-risk of contracting Covid-19, finding the detention facility had taken appropriate prevention and protection measures to ensure the facility doesn’t experience the outbreak calamity that happened 135 miles west at the Otay Mesa Detention Center in San Diego.
Sabraw, a George W. Bush appointee, noted education and training for staff and detainees alike, along with enhanced sanitation, social distancing, use of personal protective equipment and quarantining new detainees were among the steps taken in addition to reducing the overall detainee population to prevent an outbreak within the facility.
Only two detainees had tested positive for Covid-19, who have since recovered, a testament to the success of the preventative measures, Sabraw wrote.
“The conditions inside IRDF are a lone bright spot for Imperial County, generally, which, as of last week, had the highest rate of Covid-19 spread and highest Covid-19 mortality rate in California,” Sabraw wrote, in denying the request for a preliminary injunction.
In seeking the preliminary injunction, the ACLU argued because the IRDF had not tested all detainees and wasn’t maximizing social distancing due to the closure of housing pods for construction maintenance, it infringed on detainees’ constitutional right to life.
But like he did during the virtual court hearing on the matter, Sabraw identified distinctions between the two Southern California detention facilities, noting unlike the OMDC, medically vulnerable detainees were not being housed alongside others who had tested positive for Covid-19.
For the six pending tests awaiting results, Sabraw stated his confidence the IRDF could prevent any potential coronavirus spread should any of the tests come back positive.
“Defendants appear to have the necessary protective measures in place to protect other detainees from exposure and infection,” Sabraw wrote.
“Given the current conditions at IRDF, Plaintiffs have not shown a likelihood of success on their substantive due process claim,” he added.
Monika Langarica, Immigrants’ Rights staff attorney for the ACLU of San Diego and Imperial Counties said in a statement they were disappointed with the order.
“We are disappointed with the court’s decision, which needlessly imperils the health and safety of people at IRDF. We will continue to closely monitor the situation and urge the release of people detained in dangerous conditions during this pandemic.”


Television Shows

SAN FRANCISCO — The Ninth Circuit upheld the dismissal of a writer ’ s claim alleging the show “ Empire @ @ @ @ @ for his manuscript “ Unity Incorporated : The Mastermind , ” finding he did not @ @ @ @ @ court had already determined he proved his claim .

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.


Wiretap Order

SAN FRANCISCO — The American Civil Liberties Union , the Electronic Frontier Foundation and the Washington Post lost their appeal @ @ @ @ @ a district court ’ s refusal to unseal documents in a contempt proceeding against Facebook @ @ @ @ @ wiretap order .


Ponzi Scheme

SAN DIEGO — Businessperson and restaurateur Gina Champion-Cain pleaded guilty in federal court in California to securities fraud for a @ @ @ @ @ in which she bilked investors based on false promises she would use their money to @ @ @ @ @ attempting to acquire state liquor licenses .


courthousenews--2020-07-23--Pirates of the Caribbean

Pirates of the Caribbean

SAN FRANCISCO — The Ninth Circuit revived a copyright claim brought by two writers and a producer alleging Disney stole @ @ @ @ @ the Caribbean from their screenplay .
The similarities between the screenplay and the film survive @ @ @ @ @


Provisional Law License

HONOLULU — In light of the challenges surrounding sitting for a bar exam during the Covid-19 pandemic , the Hawaii @ @ @ @ @ may obtain provisional licensing to practice law under the supervision of a licensed attorney without @ @ @ @


courthousenews--2020-07-24--Harry and Meghan Sue to Stop Sale of Son’s Photos

LOS ANGELES ( CN ) — A photo of 14-month-old Archie Harrison Mountbatten-Windsor , son of Prince Harry and Meghan Markle is being shopped around to tabloids according to a complaint filed in Los Angeles County Superior Court on Thursday by the royal couple .
“ The plaintiffs have done everything in their power to stay out of the limelight except in connection with their work , which they freely admit is newsworthy .
But the photos at issue are not news .
They are not in the public interest .
They are harassment , ” the couple says in @ @ @ @ @ @ @ of Sussex moved to LA County earlier this year after announcing they were stepping away from the royal family .
Archie is the seventh in the line of succession to the British throne .
According to the parents ’ 10-page complaint , an unnamed paparazzo is shopping around a photo of Archie the photographer says was taken during an outing in Malibu .
“ But Archie has not been in public , let alone in Malibu , since the family arrived here , ” the couple says in their complaint .
The family @ @ @ @ @ @ @ fence to deter photographers with telephoto lenses .
“ Some paparazzi and media outlets have flown drones a mere 20 feet above the house , as often as three times a day , to obtain photographs of the couple and their young son in their private residence ( some of which have been sold and published ) , ” according to the complaint .
They say based on descriptions of the photograph that is being shopped around , the image was taken while the family was in their backyard and without their knowledge @ @ @ @ @ @ @ fencing around the home and the orientation of the backyard to the surrounding streets , any photos could not have been taken without a physical trespass unless some type of special device was used .
“ The unscrupulous people shopping these photographs have not innocently mislabeled the photographs as having been taken in a public place , ” the couple says .
“ They have done so intentionally , because they know that unsolicited photographs of a young child in the privacy of his own home are very much unlawful.
” The couple @ @ @ @ @ @ @ the British tabloid Daily Mail .
According to the complaint , the couple does know who took the photo and who is trying to sell them to the media , so they have filed their complaint against “ John Does ” to uncover their identity .
“ They also seek to put any prospective purchasers of the photos on notice that they were taken illegally and are not what they purport to be , ” the couple says .
The duke and duchess are suing on a claim of invasion of privacy .
@ @ @ @ @ @ @ all photographs unlawfully taken of their son turned over and to bar those who are shopping the photos and those who took the photos from continuing the “ unlawful conduct ” and harassment .
They are represented by Michael Kump of the Santa Monica , California , firm Kinsella Weitzman Iser Kump & Aldisert .
Prince Harry ’ s mother , Princess Diana , died in 1997 when a car she was riding in crashed while being pursued by paparazzi in Paris , France .

A photo of 14-month-old Archie Harrison Mountbatten-Windsor, son of Prince Harry and Meghan Markle is being shopped around to tabloids according to a complaint filed in Los Angeles County Superior Court on Thursday by the royal couple.
LOS ANGELES (CN) — A photo of 14-month-old Archie Harrison Mountbatten-Windsor, son of Prince Harry and Meghan Markle, is being shopped around to tabloids according to a complaint filed in Los Angeles County Superior Court on Thursday by the royal couple.
“The plaintiffs have done everything in their power to stay out of the limelight except in connection with their work, which they freely admit is newsworthy. But the photos at issue are not news. They are not in the public interest. They are harassment,” the couple says in their complaint.
The Duke and Duchess of Sussex moved to LA County earlier this year after announcing they were stepping away from the royal family. Archie is the seventh in the line of succession to the British throne.
According to the parents’ 10-page complaint, an unnamed paparazzo is shopping around a photo of Archie the photographer says was taken during an outing in Malibu.
“But Archie has not been in public, let alone in Malibu, since the family arrived here,” the couple says in their complaint.
The family even resorted to building a large mesh fence to deter photographers with telephoto lenses.
“Some paparazzi and media outlets have flown drones a mere 20 feet above the house, as often as three times a day, to obtain photographs of the couple and their young son in their private residence (some of which have been sold and published),” according to the complaint.
They say based on descriptions of the photograph that is being shopped around, the image was taken while the family was in their backyard and without their knowledge. They say that due to the fencing around the home and the orientation of the backyard to the surrounding streets, any photos could not have been taken without a physical trespass unless some type of special device was used.
“The unscrupulous people shopping these photographs have not innocently mislabeled the photographs as having been taken in a public place,” the couple says. “They have done so intentionally, because they know that unsolicited photographs of a young child in the privacy of his own home are very much unlawful.”
The couple says their home address was shared by the British tabloid Daily Mail.
According to the complaint, the couple does know who took the photo and who is trying to sell them to the media, so they have filed their complaint against “John Does” to uncover their identity.
“They also seek to put any prospective purchasers of the photos on notice that they were taken illegally and are not what they purport to be,” the couple says.
The duke and duchess are suing on a claim of invasion of privacy. They seek a court order to have all photographs unlawfully taken of their son turned over and to bar those who are shopping the photos and those who took the photos from continuing the “unlawful conduct” and harassment.
They are represented by Michael Kump of the Santa Monica, California, firm Kinsella Weitzman Iser Kump & Aldisert.
Prince Harry's mother, Princess Diana, died in 1997 when a car she was riding in crashed while being pursued by paparazzi in Paris, France.


courthousenews--2020-07-24--Fight Over Berkeley Cellphone Warning Mandate Returns to Federal Court

SAN FRANCISCO ( CN ) — The city of Berkeley ’ s five-year battle with the wireless industry over cellphone radiation warnings came to a head Thursday before a federal judge , who will decide whether the city ’ s 2015 ordinance requiring retailers to provide guidance on avoiding radio-frequency exposure is pre-empted by federal law .
The required disclosure states in part : “ If you carry or use your phone in a pants or shirt pocket or tucked into a bra when the phone is ON and connected to a wireless network , you may exceed the federal @ @ @ @ @ @ @ frequency ] radiation.
” The disclosure instructs consumers to refer to the user manual for more information .
The law also allows retailers to add their own messages to the disclosure .
The Cellular Telephone Industries Association ( CTIA ) , a wireless industry trade group , challenged Berkeley ’ s ordinance in June 2015 .
The group claimed the law violates the First Amendment by forcing retailers to spread a misleading , government-crafted message .
The fight is currently unfolding alongside a class action in San Francisco federal court over cellphone radiation @ @ @ @ @ @ @ warn them certain iPhones exceed the radio-frequency compliance standards set by the Federal Communications Commission .
U.S. District Judge Edward Chen put the Berkeley disclosure law on hold in September 2015 , finding one line about a greater risk of exposure to cellphone radiation for children was baseless and unscientific .
After Berkeley removed that line from the message , Chen lifted the ban in January 2016 .
The association quickly appealed , urging a three-judge panel to reverse the judge ’ s ruling during a hearing in September 2016 .
The Ninth @ @ @ @ @ @ @ in 2017 , then again on remand from the U.S. Supreme Court , which asked the panel to reconsider in light of the high court ’ s decision to strike down California ’ s required disclosures on abortions services in National Institute of Family and Life Advocates ( NIFLA ) v. Becerra in June 2018 .
The divided appellate court then ruled 2-1 that the Berkeley ordinance was complementary to and did not conflict with federal law and policy regulating radio-frequency radiation .
Chen heard from two legal powerhouses Thursday during a hearing @ @ @ @ @ @ @ judgment on the pleadings conducted by videoconference .
CTIA counsel Theodore Olson , former solicitor general under President George W. Bush , told Chen that the city ’ s required disclosure undermines the FCC ’ s unequivocal pronouncements about cellphone safety .
This past December , the FCC issued an opinion and order declaring that all cellphones “ legally sold in the United States pose no health risks , ” a finding bolstered by two additional statements of interest filed by the FCC in the case .
Olson said any deviating statements would @ @ @ @ @ @ @ and promoting wireless technology that Congress entrusted the agency with maintaining .
“ Congress wanted uniform standards that set up an appropriate balance between safety and speedy development .
A high-functioning national network can not exist if there are different radio-frequency standards in each community .
Additional warnings could create an erroneous statement of public risk , ” he said .
“ What Berkeley is attempting to do is upsetting that balance and create a non-uniform system that would over-warn and make people upset about risks that don ’ t exist.
” He @ @ @ @ @ @ @ radio-frequency exposure on its website and information on how to avoid excessive exposure are already included in cellphone user manuals .
Representing Berkeley , Harvard law professor Lawrence Lessig said the CTIA and the city have the same interests , and that Berkeley ’ s disclosure reinforces the FCC ’ s guidelines .
“ The reason it mandates information is to help those who are skeptical of the science underlying the FCC ’ s radio-frequency guidelines , ” he said .
Lessig said the city doesn ’ t believe the FCC ’ s @ @ @ @ @ @ @ national policy that prohibits anyone form uttering complementing statements.
” Judge Chen asked : “ How would you articulate Berkeley ’ s interest if you accept the agency ’ s view that in fact there is no danger .
But there may be a perception of danger , and we need to address those skeptical consumers ?
” Lessig replied , “ We would call it the same interest that the FCC has had .
The one thing we ’ re arguing is we have the same right the FCC has exercised to @ @ @ @ @ @ @ can make a judgment for themselves.
” Olson argued Congress gave the FCC the express responsibility to both ensure that cellphones are safe and that people aren ’ t afraid to use them .
“ It doesn ’ t make people feel more comfortable about it because it draws attention to safety issues that the FCC believes are explained in the manuals and the FCC website , ” he said , noting that the agency tried several times to make itself clear , both through the 2019 opinion and two statements of interest @ @ @ @ @ @ @ as they could — ‘ don ’ t mess with what we ’ ve done here.
’ Anything else risks a non-uniform policy .
If you over-warn people , you might scare them away and cause them not to use it.
” Chen asked both sides to submit additional briefing on what kind of deference he should give to the FCC ’ s order and statements , then took the argument under submission .

The city of Berkeley’s five-year battle with the wireless industry over cellphone radiation warnings came to a head Thursday before a federal judge, who will decide whether the city’s 2015 ordinance requiring retailers to provide guidance on avoiding radio-frequency exposure is pre-empted by federal law.
SAN FRANCISCO (CN) — The city of Berkeley’s five-year battle with the wireless industry over cellphone-radiation warnings came to a head Thursday before a federal judge, who will decide whether the city’s 2015 ordinance requiring retailers to provide guidance on avoiding radio-frequency exposure is pre-empted by federal law.
The required disclosure states in part: “If you carry or use your phone in a pants or shirt pocket or tucked into a bra when the phone is ON and connected to a wireless network, you may exceed the federal guidelines for exposure to RF [radio frequency] radiation.”
The disclosure instructs consumers to refer to the user manual for more information. The law also allows retailers to add their own messages to the disclosure.
The Cellular Telephone Industries Association (CTIA), a wireless industry trade group, challenged Berkeley’s ordinance in June 2015. The group claimed the law violates the First Amendment by forcing retailers to spread a misleading, government-crafted message.
The fight is currently unfolding alongside a federal class action in San Francisco over cellphone radiation, where consumers claim Apple failed to warn them certain iPhones exceed the radio-frequency compliance standards set by the Federal Communications Commission.
U.S. District Judge Edward Chen put the Berkeley disclosure law on hold in September 2015, finding one line about a greater risk of exposure to cellphone radiation for children was baseless and unscientific.
After Berkeley removed that line from the message, Chen lifted the ban in January 2016. The association quickly appealed, urging a three-judge panel to reverse the judge’s ruling during a hearing in September 2016.
The Ninth Circuit upheld the ordinance twice, first in 2017, then again on remand from the U.S. Supreme Court, which asked the panel to reconsider in light of the high court’s decision to strike down California’s required disclosures on abortions services in National Institute of Family and Life Advocates (NIFLA) v. Becerra in June 2018.
The divided appellate court then ruled 2-1 that the Berkeley ordinance was complementary to and did not conflict with federal law and policy regulating radio-frequency radiation.
Chen heard from two legal powerhouses Thursday during a hearing on the CTIA’s motion for judgment on the pleadings conducted by videoconference.
CTIA counsel Theodore Olson, former solicitor general under President George W. Bush, told Chen that the city’s required disclosure undermines the FCC’s unequivocal pronouncements about cellphone safety.
This past December, the FCC issued an opinion and order declaring that all cellphones “legally sold in the United States pose no health risks,” a finding bolstered by two additional statements of interest filed by the FCC in the case.
Olson said any deviating statements would risk upsetting the balance of public safety and promoting wireless technology that Congress entrusted the agency with maintaining.
“Congress wanted uniform standards that set up an appropriate balance between safety and speedy development. A high-functioning national network cannot exist if there are different radio-frequency standards in each community. Additional warnings could create an erroneous statement of public risk,” he said. “What Berkeley is attempting to do is upsetting that balance and create a non-uniform system that would over-warn and make people upset about risks that don't exist.”
He added the FCC provides adequate information about radio-frequency exposure on its website and information on how to avoid excessive exposure are already included in cellphone user manuals.
Representing Berkeley, Harvard law professor Lawrence Lessig said the CTIA and the city have the same interests, and that Berkeley’s disclosure reinforces the FCC’s guidelines. “The reason it mandates information is to help those who are skeptical of the science underlying the FCC’s radio-frequency guidelines,” he said.
Lessig said the city doesn’t believe the FCC’s 2019 order “in anyway establishes a national policy that prohibits anyone form uttering complementing statements.”
Judge Chen asked: “How would you articulate Berkeley's interest if you accept the agency's view that in fact there is no danger. But there may be a perception of danger, and we need to address those skeptical consumers?”
Lessig replied, "We would call it the same interest that the FCC has had. The one thing we’re arguing is we have the same right the FCC has exercised to give this information to consumers so they can make a judgment for themselves.”
Olson argued Congress gave the FCC the express responsibility to both ensure that cellphones are safe and that people aren’t afraid to use them.
“It doesn’t make people feel more comfortable about it because it draws attention to safety issues that the FCC believes are explained in the manuals and the FCC website,” he said, noting that the agency tried several times to make itself clear, both through the 2019 opinion and two statements of interest.
“They are making it explicit as they could — ‘don't mess with what we've done here.’ Anything else risks a non-uniform policy. If you over-warn people, you might scare them away and cause them not to use it.”
Chen asked both sides to submit additional briefing on what kind of deference he should give to the FCC’s order and statements, then took the argument under submission.


courthousenews--2020-07-24--Pompeo Calls China a ‘Threat’ to Global Democracy at Nixon Library Event

YORBA LINDA , Calif. ( CN ) — Secretary of State Mike Pompeo said Thursday that the United States ’ diplomatic relationship with China will diminish as long as the nation threatens democracies around the world , and he called on other nations to help pressure Beijing to change its posture in the frayed geopolitical landscape .
Speaking at the Richard Nixon Presidential Library in Southern California , Pompeo said that while the U.S. is close to marking half a century of diplomacy with China , the relationship has soured due to China ’ s military aggression in its region @ @ @ @ @ @ @ the U.S. economy .
The Nixon administration ’ s establishment of diplomatic ties between the global superpowers has been held as a major achievement , facilitated by Nixon national security adviser Henry Kissinger .
But Pompeo said the promise of that hopeful mission has failed to bear fruit .
“ We imagined engagement with China would produce a future with bright promise , with comity and cooperation , ” Pompeo said .
Repeating comments he ’ s made for months , Pompeo blamed the global outbreak of the novel coronavirus on the failure @ @ @ @ @ @ @ curtail viral spread early on .
“ Today , we ’ re all wearing masks and watching the pandemic ’ s body count rise because the CCP failed in its promises to the world , ” he said .
The novel coronavirus emerged in China late last year and then spiraled into a global pandemic .
The World Health Organization has said all available evidence shows the virus is zoonotic , meaning it jumped from animals to humans .
Pompeo delivered his remarks during a historic low point in the relationship between the @ @ @ @ @ @ @ State Department ordered the Chinese consulate in Houston to close , saying the move was intended to “ protect American intellectual property ” after firefighters responded to reports a day earlier that the consulate was burning papers .
In his speech at the Nixon Presidential Library , billed as a talk on “ Communist China and the future of the free world , ” Pompeo called on democratic nations to appeal to China to change its behavior on the global stage .
If the ruling communist party fails to change China ’ s @ @ @ @ @ @ @ other nations , Pompeo said .
“ Free nations must set the tone , and operate on the same principles , ” Pompeo said .
“ Maybe it ’ s time for a new grouping of like-minded nations , a new alliance of democracies .
We have the tools .
Now we need the will.
” Pompeo did not specify which nations could join any future bloc isolating China .
He also said that despite current conditions , President Donald Trump will continue his ongoing diplomatic talks with Chinese President Xi Jinping .
@ @ @ @ @ @ @ China ’ s military advance across neighboring borders and its increasing influence on the global stage , Pompeo said , adding the U.S. and its allies remain well-positioned to deter any further Chinese infringement on the world ’ s democracies .
The U.S. will go to great lengths to keep China in check , Pompeo said , even beyond Earth ’ s atmosphere .
“ We ’ ve also created a Space Force to help deter China on that final frontier , ” Pompeo said on the same day China launched a space @ @ @ @ @ @ @ to land on the red planet .
This week , Pompeo claimed financial contributions from China facilitated the election of the head of the World Health Organization in 2017 as a way to take control of the global health agency .
On Thursday , WHO chief Tedros Adhanom Ghebreyesus called Pompeo ’ s “ claims untrue and unacceptable and without any foundation for that matter.
” Beijing has also continuously hit back at Pompeo ’ s allegations regarding the coronavirus outbreak , including claims he ’ s made repeatedly that the Covid-19 virus @ @ @ @ @ @ @ Pompeo has said there is “ enormous evidence ” to show that the new coronavirus originated in a Chinese lab .

Secretary of State Mike Pompeo said Thursday that the United States’ diplomatic relationship with China will diminish as long as the nation threatens democracies around the world, and he called on other nations to help pressure Beijing to change its posture in the frayed geopolitical landscape.
YORBA LINDA, Calif. (CN) — Secretary of State Mike Pompeo said Thursday that the United States’ diplomatic relationship with China will diminish as long as the nation threatens democracies around the world, and he called on other nations to help pressure Beijing to change its posture in the frayed geopolitical landscape.
Speaking at the Richard Nixon Presidential Library in Southern California, Pompeo said that while the U.S. is close to marking half a century of diplomacy with China, the relationship has soured due to China’s military aggression in its region and the negative impact it has on the U.S. economy.
The Nixon administration’s establishment of diplomatic ties between the global superpowers has been held as a major achievement, facilitated by Nixon national security adviser Henry Kissinger. But Pompeo said the promise of that hopeful mission has failed to bear fruit.
“We imagined engagement with China would produce a future with bright promise, with comity and cooperation,” Pompeo said.
Repeating comments he’s made for months, Pompeo blamed the global outbreak of the novel coronavirus on the failure of China’s communist party to curtail viral spread early on.
“Today, we’re all wearing masks and watching the pandemic’s body count rise because the CCP failed in its promises to the world,” he said.
The novel coronavirus emerged in China late last year and then spiraled into a global pandemic. The World Health Organization has said all available evidence shows the virus is zoonotic, meaning it jumped from animals to humans.
Pompeo delivered his remarks during a historic low point in the relationship between the two superpowers.
On Wednesday, the State Department ordered the Chinese consulate in Houston to close, saying the move was intended to “protect American intellectual property” after firefighters responded to reports a day earlier that the consulate was burning papers.
In his speech at the Nixon Presidential Library, billed as a talk on “Communist China and the future of the free world,” Pompeo called on democratic nations to appeal to China to change its behavior on the global stage.
If the ruling communist party fails to change China’s course, it will face isolation from other nations, Pompeo said.
“Free nations must set the tone, and operate on the same principles,” Pompeo said. “Maybe it’s time for a new grouping of like-minded nations, a new alliance of democracies. We have the tools. Now we need the will.”
Pompeo did not specify which nations could join any future bloc isolating China. He also said that despite current conditions, President Donald Trump will continue his ongoing diplomatic talks with Chinese President Xi Jinping.
But the U.S. will keep watch of China’s military advance across neighboring borders and its increasing influence on the global stage, Pompeo said, adding the U.S. and its allies remain well-positioned to deter any further Chinese infringement on the world’s democracies.
The U.S. will go to great lengths to keep China in check, Pompeo said, even beyond Earth’s atmosphere.
“We’ve also created a Space Force to help deter China on that final frontier,” Pompeo said on the same day China launched a space probe to Mars — its second attempt to land on the red planet.
This week, Pompeo claimed financial contributions from China facilitated the election of the head of the World Health Organization in 2017 as a way to take control of the global health agency. On Thursday, WHO chief Tedros Adhanom Ghebreyesus called Pompeo’s “claims untrue and unacceptable and without any foundation for that matter.”
Beijing has also continuously hit back at Pompeo’s allegations regarding the coronavirus outbreak, including claims he’s made repeatedly that the Covid-19 virus originated in a lab in Wuhan.
Pompeo has said there is “enormous evidence” to show that the new coronavirus originated in a Chinese lab.


courthousenews--2020-07-23--President Trump Calls Off GOP Convention in Florida

WASHINGTON ( CN ) — A little over a week after the Republican National Committee announced it had scaled back plans for its August convention in Jacksonville , Florida , President Donald Trump said Thursday the GOP ’ s meeting had officially been canceled .
“ I could see the media saying , ‘ Oh this is very unsafe , ’ I don ’ t want to be in that position , ” Trump said of canceling the convention .
“ It ’ s safety .
Not because of the media , but that ’ s what they would say @ @ @ @ @ @ @ very nice something , we ’ ll figure it out .
It ’ ll be online in some form.
” Trump ’ s announcement comes as Florida continues to break daily infection and death records , as more residents succumb to Covid-19 .
Deaths totaled 173 in the state on Thursday , while adding 10,249 cases to the state ’ s infected ; a daily record added to the record set Thursday of 4 million sick with the virus nationwide .
The convention ’ s legality already was questioned by state litigators , @ @ @ @ @ @ @ arguing the campaign had moved to Florida in an attempt to shirk compliance with safety practices .
For example , the complaint states , at Trump ’ s rally in Tulsa , Oklahoma , staff removed signs on arena seats meant to keep people apart —when only 6,500 attended , those individuals were corralled into a compact area , “ and like Mr. Trump , the great majority did not wear masks.
” “ Statistically , at least 1 % – 10 % of the attendees at the convention will already be infected @ @ @ @ @ @ @ will infect other attendees and persons then come in contact with throughout the community , ” the complaint states .
Trump said he had not spoken to Florida officials about his decision , only adding that the timing of the event was not right , as cases continued to rise in the state .
“ It ’ s hard for us to say , ‘ We ’ re going to have a lot of people packed in a room ’ and then , other people shouldn ’ t , ” he said .
@ @ @ @ @ @ @ in Charlotte , North Carolina on Aug. 24 , Trump saying televised events would also be continuing throughout the week .
Trump will also make a convention speech , though he did not elaborate on how it would be viewed or distributed .
Trump also used Thursday ’ s briefing to discuss the upcoming academic year , saying the administration was looking for a way to safely reopen schools and protect teachers .
Many educators in the country are preparing to return to classrooms while preparing living wills .
“ Fortunately , the @ @ @ @ @ @ @ from the China virus , very substantially , ” Trump said .
“ When children do contract the virus , they often have only very mild symptoms , or none at all and medical complications are exceedingly rare.
” Joe Biden , the assumed Democratic nominee for the 2020 presidential election , said in a statement Thursday the record number of infected individuals in the country reflected Trump ’ s leadership .
“ It didn ’ t have to be this bad , but at every juncture of this crisis President Trump has @ @ @ @ @ @ @ : the duty to care — or in his case , the ability to care about anything beyond himself and his re-election , ” he said .
Mariano Rivera , a former Major League Baseball pitcher for the New York Yankees , also was present during Thursday ’ s briefing , although Trump never alluded to why Rivera had joined .
The president said Rivera , “ has children , loves children , works hard with children , ” and awarded Rivera with the Presidential Medal of Freedom in September .

A little over a week after the Republican National Committee announced it had scaled back plans for its August convention in Jacksonville, Florida, President Donald Trump said Thursday the GOP’s meeting had officially been canceled.
WASHINGTON (CN) — A little over a week after the Republican National Committee announced it had scaled back plans for its August convention in Jacksonville, Florida, President Donald Trump said Thursday the GOP’s meeting had officially been canceled.
“I could see the media saying, ‘Oh this is very unsafe,’ I don’t want to be in that position,” Trump said of canceling the convention. “It’s safety. Not because of the media, but that’s what they would say, and we’ll have a very nice something, we’ll figure it out. It’ll be online in some form.”
Trump’s announcement comes as Florida continues to break daily infection and death records, as more residents succumb to Covid-19. Deaths totaled 173 in the state on Thursday, while adding 10,249 cases to the state’s infected; a daily record added to the record set Thursday of 4 million sick with the virus nationwide.
The convention’s legality already was questioned by state litigators, who sued Jacksonville earlier this month, arguing the campaign had moved to Florida in an attempt to shirk compliance with safety practices.
For example, the complaint states, at Trump’s rally in Tulsa, Oklahoma, staff removed signs on arena seats meant to keep people apart —when only 6,500 attended, those individuals were corralled into a compact area, “and like Mr. Trump, the great majority did not wear masks.”
“Statistically, at least 1% - 10% of the attendees at the convention will already be infected and contagious with or without symptoms and will infect other attendees and persons then come in contact with throughout the community,” the complaint states.
Trump said he had not spoken to Florida officials about his decision, only adding that the timing of the event was not right, as cases continued to rise in the state.
“It’s hard for us to say, ‘We’re going to have a lot of people packed in a room’ and then, other people shouldn’t,” he said.
The party will still make its nomination in Charlotte, North Carolina on Aug. 24, Trump saying televised events would also be continuing throughout the week. Trump will also make a convention speech, though he did not elaborate on how it would be viewed or distributed.
Trump also used Thursday’s briefing to discuss the upcoming academic year, saying the administration was looking for a way to safely reopen schools and protect teachers. Many educators in the country are preparing to return to classrooms while preparing living wills.
“Fortunately, the data shows that children are lower risk from the China virus, very substantially,” Trump said. “When children do contract the virus, they often have only very mild symptoms, or none at all and medical complications are exceedingly rare.”
Joe Biden, the assumed Democratic nominee for the 2020 presidential election, said in a statement Thursday the record number of infected individuals in the country reflected Trump’s leadership.
“It didn’t have to be this bad, but at every juncture of this crisis President Trump has failed the fundamental role of a president: the duty to care — or in his case, the ability to care about anything beyond himself and his re-election,” he said.
Mariano Rivera, a former Major League Baseball pitcher for the New York Yankees, also was present during Thursday’s briefing, although Trump never alluded to why Rivera had joined. The president said Rivera, “has children, loves children, works hard with children,” and awarded Rivera with the Presidential Medal of Freedom in September.


courthousenews--2020-07-23--Facebook Boosts Facial Data Settlement to $650 Million To Appease Judge

SAN FRANCISCO ( CN ) — Seeking to rescue a landmark data privacy deal from the brink of failure , Facebook agreed to add $ 100 million to a $ 550 million settlement over its use of facial recognition technology that a federal judge previously shot down as woefully inadequate .
U.S. District Judge James Donato had a laundry list of complaints about the prior deal , including that it provided only a fraction of the potential $ 35 billion in damages for which Facebook could be liable .
Three consolidated class actions filed in 2015 and 2016 accused the @ @ @ @ @ @ @ users ’ faces for its “ Photo Tag Suggest ” function starting in 2011 without consent and failing to tell users how long their data would be stored in violation of the Illinois Biometric Information Privacy Act of 2008 .
The Illinois statute carries civil penalties of $ 1,000 for each negligent violation and $ 5,000 for each knowing violation .
With a class of millions of Illinois Facebook users , damages could have reached tens of billions of dollars .
Donato scolded lawyers for Facebook and the plaintiff class during a June @ @ @ @ @ @ @ the settlement amount was so low compared to potential damages , why Facebook ’ s sister companies like Instagram , WhatsApp and Oculus were being released from liability and how the social network ’ s data privacy practices will significantly change as a result of the settlement .
Responding to the judge ’ s concerns , the lawyers filed a revised proposed settlement agreement Wednesday night that boosts the settlement amount to $ 650 million and no longer releases the tech giant ’ s affiliated companies from liability for the social network ’ @ @ @ @ @ @ @ like most of my concerns were addressed , ” Donato said of the revised settlement during a video-conference hearing Thursday .
Lead class counsel Paul Geller of Robbins Geller Rudman & Dowd said getting Facebook to pledge more money in further negotiations after the June 4 hearing was no easy task .
He noted the prior $ 550 million deal was already larger than any known data privacy settlement on record , including the $ 117 million Yahoo data breach settlement , $ 195 million Home Depot data breach settlement and the Equifax @ @ @ @ @ @ @ 380 million mostly in credit monitoring services with only $ 31 million in cash .
“ I think it ’ s a great result for the class , ” Geller said .
“ Privacy class actions don ’ t pay money like this.
” Under the revised settlement , class members will receive $ 200 to $ 400 each .
The class will include all Facebook users in Illinois for whom Facebook created and stored a face template between June 7 , 2011 and the date the settlement is preliminarily approved .
Lawyers @ @ @ @ @ @ @ seek fees from the additional $ 100 million and to limit their request for fees to 20 % of the original $ 550 million , down from their prior commitment to seek no more than 25 % .
In total , plaintiffs ’ lawyers will request a fee award of no more than 16.9 % of the total $ 650 million settlement , or $ 110 million .
“ It was sort of part of the negotiation that if Facebook was going to kick in more money , so was class counsel , @ @ @ @ @ @ @ , the head of Facebook ’ s facial recognition program , Gene McCoy , explained via video testimony how Facebook ’ s privacy practices will change going forward as a result of the settlement .
Under the terms of the deal , new and existing Facebook users , including those in Illinois , will have the platform ’ s facial recognition feature automatically disabled unless they affirmatively opted in after September 2019 .
That differs from a prior 2019 settlement with the Federal Trade Commission , which required Facebook to automatically deactivate facial @ @ @ @ @ @ @ from a pre-2017 version of its facial recognition feature , McCoy said .
“ The majority of people in Illinois had already gone through the migration prior to this , ” McCoy said .
“ We ’ re going to go back and retroactively address all those people.
” Facebook attorney Michael Rhodes of Cooley LLP said this change will affect approximately 80 % of Illinois Facebook users not covered by the prior FTC settlement .
The settlement also requires Facebook to delete the face templates of users who are inactive on the @ @ @ @ @ @ @ by the Illinois privacy law .
Donato said he also wants to ensure that Facebook uses the best practices to notify all class members of the settlement so they can receive money .
“ I want to see a record breaking claims rate , ” Donato said .
Facebook plans to use jewel notifications , or Facebook alerts , and notifications at the top of users ’ Facebook feeds in addition to emails , advertisements in major Chicago newspapers and other targeted online ads to reach class members .
The judge said he @ @ @ @ @ @ @ more detail before deciding whether to grant approval or request additional changes .
Before Facebook agreed to settle the case in January , it had argued users lacked standing to sue because they suffered no “ concrete harm , ” such as a loss of money , resulting from the alleged violation .
In August 2019 , a three-judge Ninth Circuit panel rejected those arguments , finding the loss of control over one ’ s private information is a real-world injury .
The San Francisco-based appeals court later denied Facebook ’ s request @ @ @ @ @ @

Seeking to rescue a landmark data privacy deal from the brink of failure, Facebook agreed to add $100 million to a $550 million settlement over its use of facial recognition technology that a federal judge previously shot down as woefully inadequate.
SAN FRANCISCO (CN) — Seeking to rescue a landmark data privacy deal from the brink of failure, Facebook agreed to add $100 million to a $550 million settlement over its use of facial recognition technology that a federal judge previously shot down as woefully inadequate.
U.S. District Judge James Donato had a laundry list of complaints about the prior deal, including that it provided only a fraction of the potential $35 billion in damages for which Facebook could be liable.
Three consolidated class actions filed in 2015 and 2016 accused the social network of creating templates of Illinois users’ faces for its “Photo Tag Suggest” function starting in 2011 without consent and failing to tell users how long their data would be stored in violation of the Illinois Biometric Information Privacy Act of 2008.
The Illinois statute carries civil penalties of $1,000 for each negligent violation and $5,000 for each knowing violation. With a class of millions of Illinois Facebook users, damages could have reached tens of billions of dollars.
Donato scolded lawyers for Facebook and the plaintiff class during a June 4 hearing for failing to explain why the settlement amount was so low compared to potential damages, why Facebook’s sister companies like Instagram, WhatsApp and Oculus were being released from liability and how the social network’s data privacy practices will significantly change as a result of the settlement.
Responding to the judge’s concerns, the lawyers filed a revised proposed settlement agreement Wednesday night that boosts the settlement amount to $650 million and no longer releases the tech giant’s affiliated companies from liability for the social network’s alleged transgressions.
“It looks like most of my concerns were addressed,” Donato said of the revised settlement during a video-conference hearing Thursday.
Lead class counsel Paul Geller of Robbins Geller Rudman & Dowd said getting Facebook to pledge more money in further negotiations after the June 4 hearing was no easy task. He noted the prior $550 million deal was already larger than any known data privacy settlement on record, including the $117 million Yahoo data-breach settlement, $195 million Home Depot data breach settlement and the Equifax data breach settlement, valued at $380 million mostly in credit monitoring services with only $31 million in cash.
“I think it’s a great result for the class,” Geller said. “Privacy class actions don’t pay money like this.”
Under the revised settlement, class members will receive $200 to $400 each. The class will include all Facebook users in Illinois for whom Facebook created and stored a face template between June 7, 2011 and the date the settlement is preliminarily approved.
Lawyers for the plaintiff class agreed not to seek fees from the additional $100 million and to limit their request for fees to 20% of the original $550 million, down from their prior commitment to seek no more than 25%. In total, plaintiffs’ lawyers will request a fee award of no more than 16.9% of the total $650 million settlement, or $110 million.
“It was sort of part of the negotiation that if Facebook was going to kick in more money, so was class counsel,” Geller said.
Also on Thursday, the head of Facebook’s facial recognition program, Gene McCoy, explained via video testimony how Facebook’s privacy practices will change going forward as a result of the settlement.
Under the terms of the deal, new and existing Facebook users, including those in Illinois, will have the platform’s facial recognition feature automatically disabled unless they affirmatively opted in after September 2019.
That differs from a prior 2019 settlement with the Federal Trade Commission, which required Facebook to automatically deactivate facial recognition for users who did not migrate from a pre-2017 version of its facial recognition feature, McCoy said.
“The majority of people in Illinois had already gone through the migration prior to this,” McCoy said. “We’re going to go back and retroactively address all those people.”
Facebook attorney Michael Rhodes of Cooley LLP said this change will affect approximately 80% of Illinois Facebook users not covered by the prior FTC settlement.
The settlement also requires Facebook to delete the face templates of users who are inactive on the social network for three years as required by the Illinois privacy law.
Donato said he also wants to ensure that Facebook uses the best practices to notify all class members of the settlement so they can receive money.
“I want to see a record breaking claims rate,” Donato said.
Facebook plans to use jewel notifications, or Facebook alerts, and notifications at the top of users’ Facebook feeds in addition to emails, advertisements in major Chicago newspapers and other targeted online ads to reach class members.
The judge said he would review the revised settlement proposal in more detail before deciding whether to grant approval or request additional changes.
Before Facebook agreed to settle the case in January, it had argued users lacked standing to sue because they suffered no “concrete harm,” such as a loss of money, resulting from the alleged violation.
In August 2019, a three-judge Ninth Circuit panel rejected those arguments, finding the loss of control over one’s private information is a real-world injury. The San Francisco-based appeals court later denied Facebook’s request for an en banc rehearing.


courthousenews--2020-07-23--California Courts Covid Update

California Courts Covid Update

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courthousenews--2020-07-23--Meatpacking Workers Claim OSHA Failed to Address ‘Imminent Dangers’ at Pennsylvania Plant

HARRISBURG , Pa. ( CN ) — Three anonymous meatpackers claim in a suit filed against the Occupational Safety and Health Administration Wednesday that the agency failed to take action against a Pennsylvania meatpacking plant that is not providing workers with proper Covid-19 protections .
The plaintiffs , represented by Justice at Work attorney Lerae Kroon , are employees of a Maid-Rite Specialty Foods plant just near Scranton in Dunmore , Pennsylvania , that produces frozen lunch meat products for schools , nursing homes and military cafeterias .
Two of the three workers have contracted Covid-19 and believe they did @ @ @ @ @ @ @ confirmed Thursday in a call .
The complaint says the workers estimate that as many as half of all the plants workers “ have already contracted ” Covid-19 .
Their suit , filed in a Pennsylvania federal court Wednesday , asks the U.S. Secretary of Labor Eugene Scalia to seek a court order to alleviate imminent dangers posed by the plant ’ s alleged failure to take “ the most basic precautions.
” “ Our clients have been going to work for the past four months worrying for their health and safety and @ @ @ @ @ @ @ every day , ” Kroon said .
“ They ’ ve tried to take every action they could .
They filed this suit because they don ’ t see any other option to keep them and their families safe as they continue to go to work.
” According to the complaint , “ perhaps in an effort to reduce its costs , ” the plant ’ s policies and practices increase workers ’ risk of spreading and contracting Covid-19 .
The anonymous plaintiffs say the plant forces meatpackers to work shoulder to shoulder @ @ @ @ @ @ @ , ” has not provided workers with cloth face coverings , and has not allowed more breaks for handwashing over the course of workers regular eight-and-a-half hour shifts .
During their shifts , “ the workers are able to wash or sanitize their hands only during their three breaks during the workday , one of which is their lunch break , ” the suit reads .
The 49-page complaint further accuses Maid-Rite of “ creating incentives for workers to attend work sick , failing to inform workers of potential exposures to Covid-19 , @ @ @ @ @ @ @ a way that increases the risk of spreading the virus.
” “ Maid-Rite … continues to follow its pre-pandemic policy of issuing workers disciplinary points for calling out sick .
Under the company ’ s point system for disciplining workers , if a worker accrues more than six points , he or she may be subject to termination , ” the suit states .
The first Maid-Rite plant worker to complain to OSHA about these conditions , who is not a plaintiff in this suit , did so in early April .
“ @ @ @ @ @ @ @ they hire more people and not taking care of the problem people and not taking care of the problem people keep coming n going getting sick there not cleaning not taking precautions of a pandemic illness I ’ m scared to go to work everyday I ’ m risking my life today on april 9 I was givin a mask for the first time it ’ s sad and scary I ’ m sorry , ” the worker wrote .
Area director for OSHA Mark Stelmack dismissed this complaint after requesting Maid-Rite “ @ @ @ @ @ @ @ needed to protect workers .
“ OSHA does not intend to conduct an on-site inspection in response to the subject complaint at this time , ” he added .
OSHA received another complaint from workers in May , in which the anonymous plaintiffs in the new suit said they were facing “ imminent danger ” in the workplace due to the lack of Covid-19 precautions .
David Muraskin , litigation director of the Public Justice Food Project and an attorney in the case said in a statement Thursday that the conditions definitely should @ @ @ @ @ @ @ to workers .
“ It is time for federal government officials charged with protecting citizens from indifferent bosses to listen to what these meat processing workers are telling them , ” said Muraskin .
“ Secretary Scalia has repeatedly made a mockery of federal labor law , but the notion that he will allow Maid-Rite to treat food chain workers as sacrificial , rather than essential , is beyond the pale.
” According to the Occupational Safety and Health Act , OSHA workers should have made an inspection in response to the complaint @ @ @ @ @ @ @ they didn ’ t think the plant warranted one .
It has not yet done so , despite repeated follow-ups from plaintiffs .
Loren Sweatt , principal deputy assistant secretary of labor for OSHA , previously said before Congress in May that the agency would increase in-person inspections and enforcement of workplace coronavirus case reporting in light of the pandemic .
“ As far as we know , they have not gone into the worksite to see what the plant is actually doing , ” Kroon said .
“ An inspection is the @ @ @ @ @ @ @ talking with workers , to see what ’ s going on the ground.
” A Centers for Disease Control and Prevention report estimates that between April and May of 2020 , there were 16,233 confirmed cases of Covid-19 in meatpacking plants across the country in around 239 facilities .
Of these cases , 87 % occurred in “ racial or ethnic minorities ” the report found .
Likewise , Kroon said that a high percentage of Maid Rite ’ s workers are “ people of color , immigrants , and other disproportionately affected @ @ @ @ @ @ @ of this case would be that the court order OSHA to take immediate steps to protect the workers in the plant , ” Kroon said .
Neither OSHA or Maid-Rite officials immediately responded to requests for comment Thursday .

Three anonymous meatpackers claim in a suit filed against the Occupational Safety and Health Administration Wednesday that the agency failed to take action against a Pennsylvania meatpacking plant that is not providing workers with proper Covid-19 protections.
HARRISBURG, Pa. (CN) — Three anonymous meatpackers accuse the Occupational Safety and Health Administration in a federal complaint of failing to take action against a Pennsylvania meatpacking plant that is not providing workers with proper Covid-19 protections.
The plaintiffs, represented by Justice at Work attorney Lerae Kroon, are employees of a Maid-Rite Specialty Foods plant just near Scranton in Dunmore, Pennsylvania, that produces frozen lunch meat products for schools, nursing homes and military cafeterias.
Two of the three workers have contracted Covid-19 and believe they did so working at the plant, Kroon confirmed Thursday in a call. The complaint says the workers estimate that as many as half of all the plants workers “have already contracted” Covid-19.
Their suit, filed Wednesday in the Middle District of Pennsylvania, asks the U.S. Secretary of Labor Eugene Scalia to seek a court order to alleviate imminent dangers posed by the plant’s alleged failure to take “the most basic precautions.”
“Our clients have been going to work for the past four months worrying for their health and safety and the health and safety of their families every day,” Kroon said. “They’ve tried to take every action they could. They filed this suit because they don’t see any other option to keep them and their families safe as they continue to go to work.”
According to the complaint, “perhaps in an effort to reduce its costs,” the plant’s policies and practices increase workers’ risk of spreading and contracting Covid-19.
The anonymous plaintiffs say the plant forces meatpackers to work shoulder to shoulder in production lines “sometimes touching elbows,” has not provided workers with cloth face coverings, and has not allowed more breaks for hand-washing over the course of workers regular eight-and-a-half hour shifts.
During their shifts, “the workers are able to wash or sanitize their hands only during their three breaks during the workday, one of which is their lunch break,” the suit alleges.
The 49-page complaint further accuses Maid-Rite of “creating incentives for workers to attend work sick, failing to inform workers of potential exposures to Covid-19, and rotating-in workers from other facilities in a way that increases the risk of spreading the virus.”
“Maid-Rite … continues to follow its pre-pandemic policy of issuing workers disciplinary points for calling out sick. Under the company’s point system for disciplining workers, if a worker accrues more than six points, he or she may be subject to termination,” the suit states.
The first Maid-Rite plant worker to complain to OSHA about these conditions, who is not a plaintiff in this suit, did so in early April.
“About half the plant is out sick they hire more people and not taking care of the problem people and not taking care of the problem people keep coming n going getting sick there not cleaning not taking precautions of a pandemic illness I’m scared to go to work everyday I’m risking my life today on april 9 I was givin a mask for the first time it’s sad and scary I’m sorry,” the worker wrote.
Area director for OSHA Mark Stelmack dismissed this complaint after requesting Maid-Rite “make any necessary corrections or modifications” needed to protect workers. “OSHA does not intend to conduct an on-site inspection in response to the subject complaint at this time," he added.
OSHA received another complaint from workers in May, in which the anonymous plaintiffs in the new suit said they were facing “imminent danger” in the workplace due to the lack of Covid-19 precautions.
David Muraskin, litigation director of the Public Justice Food Project and an attorney in the case. said in a statement Thursday that the conditions definitely should be considered an “imminent danger” to workers.
“It is time for federal government officials charged with protecting citizens from indifferent bosses to listen to what these meat processing workers are telling them,” said Muraskin. “Secretary Scalia has repeatedly made a mockery of federal labor law, but the notion that he will allow Maid-Rite to treat food chain workers as sacrificial, rather than essential, is beyond the pale.”
According to the Occupational Safety and Health Act, OSHA workers should have made an inspection in response to the complaint or sent back a note explaining why they didn’t think the plant warranted one. It has not yet done so, despite repeated follow-ups from plaintiffs.
Loren Sweatt, principal deputy assistant secretary of labor for OSHA, previously said before Congress in May that the agency would increase in-person inspections and enforcement of workplace coronavirus case reporting in light of the pandemic.
“As far as we know, they have not gone into the worksite to see what the plant is actually doing,” Kroon said. “An inspection is the only way, aside from speaking and talking with workers, to see what’s going on the ground.”
A Centers for Disease Control and Prevention report estimates that between April and May of 2020, there were 16,233 confirmed cases of Covid-19 in meatpacking plants across the country in around 239 facilities. Of these cases, 87% occurred in “racial or ethnic minorities” the report found. Likewise, Kroon said that a high percentage of Maid Rite’s workers are “people of color, immigrants, and other disproportionately affected groups.”
“The ideal end result of this case would be that the court order OSHA to take immediate steps to protect the workers in the plant,” Kroon said.
Neither OSHA or Maid-Rite officials immediately responded to requests for comment Thursday.


Top Eight

Your Thursday night briefing from the staff of Courthouse News Top eight CNS stories for today including a federal judge re-released the president ’ s convicted former attorney Michael Cohen ; U.S. unemployment numbers rose for the first time in months ; A German court found a 93-year-old former Nazi concentration camp guard guilty of being an accessory to the murder of thousands , and more .
Sign up for CNS Top Eight , a roundup of the day ’ s top stories delivered directly to your email Monday through Friday .
1 . )
Re-releasing the president ’ s @ @ @ @ @ @ @ ruled Thursday that the government ended Michael Cohen ’ s brief stint of home confinement and put him back in prison to punish him for writing a book .
2 . )
U.S. unemployment numbers rose for the first time in months Thursday with 1.4 million joining the ranks of Americans filing initial claims for unemployment benefits last week .
3 . )
The Senate Judiciary Committee on Thursday approved five of President Donald Trump ’ s judicial nominees , including three who would sit on federal courts in California .
4 .
@ @ @ @ @ @ @ of fellow Representative Alexandria Ocasio-Cortez this week prompted a stream of supporters to take to the House floor Thursday and rebuke inequities and misogyny that plague women on the highest rungs of power .
5 . )
Portland Mayor Ted Wheeler stood with thousands of protesters outside the federal courthouse Wednesday night as federal police unleashed a barrage of tear gas .
6 . )
Minnesota Governor Tim Walz signed into law Thursday police reforms responding to the death of George Floyd after a lengthy struggle to get a bill through the state @ @ @ @ @ @ @ ) A German court on Thursday found a 93-year-old former Nazi concentration camp guard guilty of being an accessory to the murder of thousands when he was a teenager .
8 . )
The head of the World Health Organization said Thursday there is no basis to claims Secretary of State Mike Pompeo made during a visit to London this week alleging China bought his election to lead the global health agency in 2017 .

Top eight CNS stories for today including a federal judge re-released the president’s convicted former attorney Michael Cohen; U.S. unemployment numbers rose for the first time in months; A German court found a 93-year-old former Nazi concentration camp guard guilty of being an accessory to the murder of thousands, and more.
Your Thursday night briefing from the staff of Courthouse News
Top eight CNS stories for today including a federal judge re-released the president’s convicted former attorney Michael Cohen; U.S. unemployment numbers rose for the first time in months; A German court found a 93-year-old former Nazi concentration camp guard guilty of being an accessory to the murder of thousands, 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.) Re-releasing the president’s convicted former attorney, a federal judge ruled Thursday that the government ended Michael Cohen’s brief stint of home confinement and put him back in prison to punish him for writing a book.
Michael Cohen arrives at his Manhattan apartment, Thursday, May 21, 2020, in New York. President Donald Trump’s longtime personal lawyer and fixer Michael Cohen was released federal prison Thursday and is expected to serve the remainder of his sentence at home. Cohen has been serving a federal prison sentence at FCI Otisville in New York after pleading guilty to numerous charges, including campaign finance fraud and lying to Congress. (AP Photo/John Minchillo)
2.) U.S. unemployment numbers rose for the first time in months Thursday with 1.4 million joining the ranks of Americans filing initial claims for unemployment benefits last week.
Corporate graffiti adorns the boarded up Hard Rock Café, a popular tourist destination at the 16th Street Mall in downtown Denver, Colorado, on June 22. (Courthouse News photo/Amanda Pampuro)
3.) The Senate Judiciary Committee on Thursday approved five of President Donald Trump’s judicial nominees, including three who would sit on federal courts in California.
The Edward R. Roybal Federal Building and U.S. Courthouse for the Central District of California in downtown Los Angeles. (Martin Macias Jr./Courthouse News)
4.) A congressman’s crass confrontation of fellow Representative Alexandria Ocasio-Cortez this week prompted a stream of supporters to take to the House floor Thursday and rebuke inequities and misogyny that plague women on the highest rungs of power.
This combo shows Rep. Alexandria Ocasio-Cortez, D-N.Y., walks Capitol Hill in Washington, on March 27, 2020, left, and Rep. Ted Yoho, R-Fla., at the Capitol in Washington on March 28, 2017. A top House Democrat demanded an apology Tuesday, July 21, 2020, from Yoho who is accused of using a sexist slur after an angry encounter with Ocasio-Cortez. (AP Photo, File)
Regional
5.) Portland Mayor Ted Wheeler stood with thousands of protesters outside the federal courthouse Wednesday night as federal police unleashed a barrage of tear gas.
Portland Mayor Ted Wheeler studies federal police as they shoot tear gas at protesters Wednesday night, July 22. (Karina Brown photo/Courthouse News)
6.) Minnesota Governor Tim Walz signed into law Thursday police reforms responding to the death of George Floyd after a lengthy struggle to get a bill through the state’s divided government.
Police in riot gear walk through a cloud of blue smoke as they advance on protesters in Minneapolis on May 30, 2020, five days after the death of George Floyd. (AP Photo/John Minchillo)
International
7.) A German court on Thursday found a 93-year-old former Nazi concentration camp guard guilty of being an accessory to the murder of thousands when he was a teenager.
The 93-year-old German Bruno Dey, accused of being an SS guard involved in killings of thousands of prisoners, many of them Jewish, between August 1944 and April 1945, in the Stutthof Nazi concentration camp near Gdansk, Poland, arrives for expecting his verdict in his trial, in a Hamburg court room, Germany, July 23, 2020. (Fabian Bimmer/Pool via AP)
8.) The head of the World Health Organization said Thursday there is no basis to claims Secretary of State Mike Pompeo made during a visit to London this week alleging China bought his election to lead the global health agency in 2017.


courthousenews--2020-07-23--Ranchers Sue Texas Oil Regulators for Loosening Rules During Pandemic

The lawsuit accuses regulators of violating the Texas Open Meetings Act by not including a description of which specific rules they would consider suspending in a notice posted ahead of a May meeting .
( CN ) — Two ranchers in the oilfields of South Texas sued the agency that regulates the state ’ s oil industry , claiming regulators acted illegally when they loosened rules on how quickly companies have to plug old wells as part of a broader effort to soften the pandemic ’ s financial toll on the industry .
The lawsuit filed Wednesday in Travis County @ @ @ @ @ @ @ alongside the advocacy group Public Citizen , claims the three elected members of the Texas Railroad Commission skirted the will of lawmakers and violated open meetings rules when they granted exceptions to various industry rules and fees at a meeting in early May .
More broadly , the plaintiffs accused the commission – which regulates fossil fuels , not railroads – of using the pandemic as an excuse to give oil companies a break .
“ We find it shameful that they have taken advantage of the Covid-19 crisis to try to get @ @ @ @ @ @ @ ” Jennifer Riggs , an Austin-based attorney for the plaintiffs , said during a virtual press conference Thursday morning .
The ranchers are both members of Public Citizen .
Abandoned oil and gas wells have frustrated environmental groups and landowners in Texas for years .
When oil companies are finished with wells , they ’ re supposed to “ plug ” them to prevent leaks or spills , but some companies never get around to it or just go bankrupt when the industry crashes , leaving the problem to state regulators and taxpayers @ @ @ @ @ @ @ 3.2 million abandoned oil and gas wells , while only about a third of those have been plugged , according to the latest figures from the Environmental Protection Agency .
Methane leaks from abandoned wells accounted for about 1 % of the nation ’ s overall methane emissions in 2018 , according to the EPA .
In Texas , regulators have spent tens of millions of dollars plugging old wells in recent years , though by August 2019 there was still a backlog of more than 6,000 wells that the state needed to @ @ @ @ @ @ @ cleanup report .
As of the end of June , the state had more than 10,700 unplugged wells in all , including those that companies are responsible for plugging themselves , according to the Railroad Commission .
Abandoned well numbers can fluctuate up and down alongside the industry ’ s fortunes .
Because of the recent oil crash , the number of abandoned , unplugged wells across the state could grow at the same time that companies and regulators have less money on hand to deal with the problem .
Wednesday ’ s @ @ @ @ @ @ @ violating the Texas Open Meetings Act by failing to include a description of which specific rules they would consider suspending in a notice posted ahead of the May meeting .
Molly Rooke , a rancher in Refugio County and one of the plaintiffs in the case , said Thursday that she would have signed up to speak at the meeting if she had known that a proposal to give companies an extra year to start plugging abandoned wells was on the table .
That measure was one of the various rule exceptions the @ @ @ @ @ @ @ A spokesperson for the Texas Railroad Commission declined to comment on the lawsuit , other than to say the actions taken at the meeting were “ approved in accordance with the open meetings act , state and federal law , and commission rules.
” While the agency as an entity declined to say much , the chair of its elected three-member commission blasted the lawsuit and the plaintiffs who brought it .
“ These legal , emergency actions protect the Texas Miracle while ensuring the environment is protected , ” Wayne Christian said @ @ @ @ @ @ @ economic growth .
“ This complaint is no more than a proxy for fringe extremists to advance their goal of eliminating the domestic production of fossil fuels , a move that would kill 3.2 million jobs , increase energy and gasoline costs by $ 2,500 a year for American families , and cost Texas $ 1.5 trillion in GDP between 2021-2025.
” The numbers Christian referenced come in part from a December analysis of a potential fracking ban published by the U.S. Chamber of Commerce , a pro-business lobbying group .
The lawsuit @ @ @ @ @ @ @ about a fracking ban or eliminating fossil fuels .
Rooke , one of the South Texas ranchers , claimed in the lawsuit that the Railroad Commission has only committed to plugging 33 of the “ dozens ” of abandoned wells on her family ’ s La Rosa Ranch and that regulators only addressed her pleas for help about a toxic “ blowout ” at one oil well after the local newspaper covered the incident .
“ Just because we have wells on our land does not mean that we don ’ t care @ @ @ @ @ @ @ and our wildlife , ” Rooke said .
“ We really want to be good stewards , but we need the help of the Railroad Commission to do their part to make sure that these unplugged wells are plugged and that they are cleaning up the areas that they are required to.
” The plaintiffs have asked the district court to block the commission ’ s emergency orders that loosened the various rules .
“ We ’ re asking the court to tell them that they don ’ t get to suspend the @ @ @ @ @ @ @ suspend the law , ” Riggs said .
Still , the attorney suggested that the plaintiffs would be open to settling the case if they could come to an agreement with the regulators about reinstating the rules .
“ I don ’ t know if they will , I don ’ t anticipate they will , but it ’ s worth asking , ” she said .

Two ranchers in the oilfields of South Texas sued the agency that regulates the state’s oil industry, claiming regulators acted illegally when they loosened rules on how quickly companies have to plug old wells as part of a broader effort to soften the pandemic’s financial toll on the industry.
(CN) — Two ranchers in the oilfields of South Texas sued the agency that regulates the state’s oil industry, claiming regulators acted illegally when they loosened rules on how quickly companies have to plug old wells as part of a broader effort to soften the pandemic’s financial toll on the industry.
The lawsuit filed Wednesday in Travis County District Court, which the ranchers brought alongside the advocacy group Public Citizen, claims the three elected members of the Texas Railroad Commission skirted the will of lawmakers and violated open meetings rules when they granted exceptions to various industry rules and fees at a meeting in early May.
More broadly, the plaintiffs accused the commission — which regulates fossil fuels, not railroads — of using the pandemic as an excuse to give oil companies a break.
“We find it shameful that they have taken advantage of the Covid-19 crisis to try to get an opportunity to avoid environmental restrictions,” Jennifer Riggs, an Austin-based attorney for the plaintiffs, said during a virtual press conference Thursday morning. The ranchers are both members of Public Citizen.
Abandoned oil and gas wells have frustrated environmental groups and landowners in Texas for years. When oil companies are finished with wells, they’re supposed to “plug” them to prevent leaks or spills, but some companies never get around to it or just go bankrupt when the industry crashes, leaving the problem to state regulators and taxpayers.
The U.S. is home to about 3.2 million abandoned oil and gas wells, while only about a third of those have been plugged, according to the latest figures from the Environmental Protection Agency. Methane leaks from abandoned wells accounted for about 1% of the nation’s overall methane emissions in 2018, according to the EPA.
In Texas, regulators have spent tens of millions of dollars plugging old wells in recent years, though by August 2019 there was still a backlog of more than 6,000 wells that the state needed to plug, according to an annual oilfield cleanup report. As of the end of June, the state had more than 10,700 unplugged wells in all, including those that companies are responsible for plugging themselves, according to the Railroad Commission.
Abandoned well numbers can fluctuate up and down alongside the industry’s fortunes. Because of the recent oil crash, the number of abandoned, unplugged wells across the state could grow at the same time that companies and regulators have less money on hand to deal with the problem.
Wednesday’s lawsuit specifically accuses the oil regulators of violating the Texas Open Meetings Act by failing to include a description of which specific rules they would consider suspending in a notice posted ahead of the May meeting.
Molly Rooke, a rancher in Refugio County and one of the plaintiffs in the case, said Thursday that she would have signed up to speak at the meeting if she had known that a proposal to give companies an extra year to start plugging abandoned wells was on the table. That measure was one of the various rule exceptions the regulators ultimately approved at the meeting.
A spokesperson for the Texas Railroad Commission declined to comment on the lawsuit, other than to say the actions taken at the meeting were “approved in accordance with the open meetings act, state and federal law, and commission rules.”
While the agency as an entity declined to say much, the chair of its elected three-member commission blasted the lawsuit and the plaintiffs who brought it.
“These legal, emergency actions protect the Texas Miracle while ensuring the environment is protected,” Wayne Christian said in a statement, referring to statewide economic growth. “This complaint is no more than a proxy for fringe extremists to advance their goal of eliminating the domestic production of fossil fuels, a move that would kill 3.2 million jobs, increase energy and gasoline costs by $2,500 a year for American families, and cost Texas $1.5 trillion in GDP between 2021-2025.”
The numbers Christian referenced come in part from a December analysis of a potential fracking ban published by the U.S. Chamber of Commerce, a pro-business lobbying group. The lawsuit filed Wednesday did not specifically mention anything about a fracking ban or eliminating fossil fuels.
Rooke, one of the South Texas ranchers, claimed in the lawsuit that the Railroad Commission has only committed to plugging 33 of the “dozens” of abandoned wells on her family’s La Rosa Ranch and that regulators only addressed her pleas for help about a toxic “blowout” at one oil well after the local newspaper covered the incident.
“Just because we have wells on our land does not mean that we don’t care about protecting the land, our water and our wildlife,” Rooke said. “We really want to be good stewards, but we need the help of the Railroad Commission to do their part to make sure that these unplugged wells are plugged and that they are cleaning up the areas that they are required to.”
The plaintiffs have asked the district court to block the commission’s emergency orders that loosened the various rules.
“We’re asking the court to tell them that they don’t get to suspend the law, only the legislature gets to suspend the law,” Riggs said.
Still, the attorney suggested that the plaintiffs would be open to settling the case if they could come to an agreement with the regulators about reinstating the rules.
“I don’t know if they will, I don’t anticipate they will, but it’s worth asking,” she said.


courthousenews--2020-07-23--Joblessness, Disease & Profit Loss Make for Terrible Investment Trifecta

Hit with a slew of dismal earnings reports , a sad benchmark in U.S. Covid-19 cases , and a rise in unemployment claims , Wall Street had a bad day on Thursday .
MANHATTAN ( CN ) — A hat trick of bad news hit Wall Street on Thursday in the form of unemployment claims , rapidly increasing cases of Covid-19 and poor corporate earnings .
The Nasdaq had the worst outing of the three U.S. indices , posting a 2.3 % loss as several key tech stocks plummeted .
The Dow Jones Industrial Average lost 1.2 % , or @ @ @ @ @ @ @ P 500 fell 1.2 % .
Investors were hit early in the day with news that new unemployment claims were on the rise for the first time since mid-March , when lockdowns were first imposed .
More than 1.4 million new claims were filed for the week ending July 18 , a 100,000-claim increase from the prior week .
The number of claims under the federal government ’ s Pandemic Unemployment Assistance program also increased , from 955,000 to 975,000 .
The uptick in unemployment shows just how fragile the U.S. economy is @ @ @ @ @ @ @ is almost an impossibility now .
“ The foundations to this recovery are cracking under the weight of a mismanaged health crisis , ” wrote Gregory Daco , chief U.S. economist at Oxford Economics in an investor ’ s note .
“ While the rebounds in retail sales , employment , and industrial production through June were alluring , policymakers should not fall under the spell of rear-view-mirror economics.
” Members of Congress currently are working on a fourth stimulus package — sans President Trump ’ s payroll tax — but negotiations have @ @ @ @ @ @ @ 600 plus-up in weekly unemployment .
Even if a package is passed , it may already be too late to prevent some Americans from missing payments .
Unemployment has not affected all workers equally , nor all states .
As in the Great Recession , women and Hispanics have been the most severely affected during this current downturn , International Monetary Fund economist Ippei Shibata observed .
Geographical differences have become clear , also .
Researchers at the Federal Reserve Bank of St. Louis found that states like Michigan with middling populations are @ @ @ @ @ @ @ claims .
On the other hand , comparatively high-population states like Ohio and North Carolina are filing fewer unemployment claims , the researchers found .
The unemployment report came on the same day as the United States hit 4 million confirmed cases of Covid-19 .
According to data compiled by Johns Hopkins University , more than 15.3 million people have been infected by Covid-19 worldwide , while 625,000 have died .
Nearly 144,000 U.S. deaths have been attributed to the virus .
Wall Street was not helped by the day ’ s earnings @ @ @ @ @ @ @ in the tech and airline industries .
Predictably , airlines shouldered some of the worst of last quarter .
American Airlines reported about an 86 % drop in operating revenues year over year , from nearly $ 12 billion in Q2 2019 to $ 1.6 billion last quarter .
The company also posted a $ 2 billion net income loss , while its earnings plummeted nearly 530 % from a year ago .
“ This was one of the most challenging quarters in American ’ s history , ” CEO Doug Parker said @ @ @ @ @ @ @ reported a $ 1.1 billion loss in operating income and a $ 915 million loss in net income last quarter , almost entirely due to scant demand for flights .
The company also expects the third quarter to be bad , though perhaps not as bad as the second quarter .
“ We were encouraged by improvements in May and June leisure passenger traffic trends , compared with March and April , ” said CEO Gary Kelly in a statement .
“ However , the improving trends in revenue and bookings have recently @ @ @ @ @ @ @ Covid-19 cases.
” About 17,000 employees of the airline reportedly have signed up for temporary furloughs and buyouts to avoid layoffs .
Southwest and other airlines that tapped a $ 25 billion federal aid package can not lay off employees until October .
Virtually all airlines are suffering .
On Tuesday , United Airlines noted it had its worst quarter in the company ’ s 94-year history , losing $ 1.6 billion and seeing operating revenues drop 87 % during the second quarter of 2020 compared with Q2 2019 .
Other industries also @ @ @ @ @ @ @ its earnings release , AT & T reported a drop in revenue , from $ 45 billion during Q2 2019 to $ 41 billion last quarter , and the company ’ s diluted earnings per share dropped to one-third of its value a year ago .
All segments of the company have fared poorly during the Covid-19 crisis , from entertainment to phone services .
Despite a 34 % year-over-year increase in daily users , Twitter also found itself in tougher times , posting a 19 % drop in revenue year over year @ @ @ @ @ @ @ , from $ 76 million in operating income during Q2 2019 to a loss of $ 124 million last quarter .
But not all the earnings reports have been bad .
Beating analyst expectations , Microsoft announced a 13 % year-over-year increase in revenue , to $ 38 billion , though it posted a 15 % decrease in net income .
Much of the company ’ s successes have been in cloud services and its Office software , as well as LinkedIn revenue , which increased 10 % .
“ The last five @ @ @ @ @ @ @ intensity is the key to business resilience , ” Satya Nadella , the company ’ s CEO , said in a statement .
“ Organizations that build their own digital capability will recover faster and emerge from this crisis stronger.
” Despite Microsoft reporting better-than-expected financials , the company ’ s stock fell 4.3 % on Thursday .

Hit with a slew of dismal earnings reports, a sad benchmark in U.S. Covid-19 cases, and a rise in unemployment claims, Wall Street had a bad day on Thursday.
MANHATTAN (CN) — A hat trick of bad news hit Wall Street on Thursday in the form of unemployment claims, rapidly increasing cases of Covid-19 and poor corporate earnings.
And investors reacted by dumping stocks.
The Nasdaq had the worst outing of the three U.S. indices, posting a 2.3% loss as several key tech stocks plummeted. The Dow Jones Industrial Average lost 1.2%, or 333 points, while the S&P 500 fell 1.2%.
Investors were hit early in the day with news that new unemployment claims were on the rise for the first time since mid-March, when lockdowns were first imposed. More than 1.4 million new claims were filed for the week ending July 18, a 100,000-claim increase from the prior week.
The number of claims under the federal government’s Pandemic Unemployment Assistance program also increased, from 955,000 to 975,000.
The uptick in unemployment shows just how fragile the U.S. economy is and how a quick, V-shaped recovery is almost an impossibility now.
“The foundations to this recovery are cracking under the weight of a mismanaged health crisis,” wrote Gregory Daco, chief U.S. economist at Oxford Economics in an investor’s note. “While the rebounds in retail sales, employment, and industrial production through June were alluring, policymakers should not fall under the spell of rear-view-mirror economics.”
Members of Congress currently are working on a fourth stimulus package — sans President Trump’s payroll tax — but negotiations have stalled over the extension of the $600 plus-up in weekly unemployment. Even if a package is passed, it may already be too late to prevent some Americans from missing payments.
Unemployment has not affected all workers equally, nor all states. As in the Great Recession, women and Hispanics have been the most severely affected during this current downturn, International Monetary Fund economist Ippei Shibata observed.
Geographical differences have become clear, also. Researchers at the Federal Reserve Bank of St. Louis found that states like Michigan with middling populations are among the highest in terms of unemployment claims. On the other hand, comparatively high-population states like Ohio and North Carolina are filing fewer unemployment claims, the researchers found.
The unemployment report came on the same day as the United States hit 4 million confirmed cases of Covid-19. According to data compiled by Johns Hopkins University, more than 15.3 million people have been infected by Covid-19 worldwide, while 625,000 have died. Nearly 144,000 U.S. deaths have been attributed to the virus.
Wall Street was not helped by the day’s earnings reports, which featured some big names in the tech and airline industries.
Predictably, airlines shouldered some of the worst of last quarter. American Airlines reported about an 86% drop in operating revenues year over year, from nearly $12 billion in Q2 2019 to $1.6 billion last quarter. The company also posted a $2 billion net income loss, while its earnings plummeted nearly 530% from a year ago.
“This was one of the most challenging quarters in American’s history,” CEO Doug Parker said in a statement.
Southwest Airlines also reported a $1.1 billion loss in operating income and a $915 million loss in net income last quarter, almost entirely due to scant demand for flights. The company also expects the third quarter to be bad, though perhaps not as bad as the second quarter.
“We were encouraged by improvements in May and June leisure passenger traffic trends, compared with March and April,” said CEO Gary Kelly in a statement. “However, the improving trends in revenue and bookings have recently stalled in July with the rise in Covid-19 cases.”
About 17,000 employees of the airline reportedly have signed up for temporary furloughs and buyouts to avoid layoffs. Southwest and other airlines that tapped a $25 billion federal aid package cannot lay off employees until October.
Virtually all airlines are suffering. On Tuesday, United Airlines noted it had its worst quarter in the company’s 94-year history, losing $1.6 billion and seeing operating revenues drop 87% during the second quarter of 2020 compared with Q2 2019.
Other industries also have shared in the carnage. In its earnings release, AT&T reported a drop in revenue, from $45 billion during Q2 2019 to $41 billion last quarter, and the company’s diluted earnings per share dropped to one-third of its value a year ago. All segments of the company have fared poorly during the Covid-19 crisis, from entertainment to phone services.
Despite a 34% year-over-year increase in daily users, Twitter also found itself in tougher times, posting a 19% drop in revenue year over year and a huge loss in operating income, from $76 million in operating income during Q2 2019 to a loss of $124 million last quarter.
But not all the earnings reports have been bad. Beating analyst expectations, Microsoft announced a 13% year-over-year increase in revenue, to $38 billion, though it posted a 15% decrease in net income. Much of the company’s successes have been in cloud services and its Office software, as well as LinkedIn revenue, which increased 10%.
“The last five months have made it clear that tech intensity is the key to business resilience,” Satya Nadella, the company’s CEO, said in a statement. “Organizations that build their own digital capability will recover faster and emerge from this crisis stronger.”
Despite Microsoft reporting better-than-expected financials, the company’s stock fell 4.3% on Thursday.