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Psychoanalyst Graeme Daniels, lead author of the book Getting Real About Sex Addiction (published by Rowman & Littlefield), excoriates the California Superior Court, which has once again delayed its trial of AB 1775, a 2015 law that amended now forty five year old child abuse laws to oblige psychotherapists to violate the confidentiality of patients who report viewing sexual material that depicts minors. Daniels paraphrases the case brief from the case plaintiffs that lays out the reasons this law should be ruled unconstitutional and overturned. The state is procrastinating!Wedding Wednesday PodWe're spilling ALL the tea on wedding drama, horror stories & the craziness of planning! Listen on: Apple Podcasts Spotify
This Day in Legal History: First Formal Anti-slavery Resolution in American HistoryOn February 18, 1688, a group of Quakers in Germantown, Pennsylvania, drafted the first formal anti-slavery resolution in American history. Addressed to their local monthly meeting, the document condemned the practice of slavery and argued that it was incompatible with Christian teachings. The authors—Garret Henderich, Derick op de Graeff, Francis Daniel Pastorius, and Abram op de Graeff—compared enslaving Africans to the feared practice of Christian captives being taken by Turkish pirates. They pointed out the hypocrisy of Quakers, who sought religious freedom for themselves while denying liberty to others. The resolution questioned whether Christians had the moral right to enslave others based on race and emphasized the Golden Rule: treating others as one would want to be treated. It also warned of the possibility that enslaved people might eventually resist their oppression, raising the moral dilemma of whether their masters would then take up arms against them. The document urged Quakers to reconsider their complicity in slavery and to recognize the dignity and humanity of all people. Though the resolution was not immediately adopted by the broader Quaker community, it laid the groundwork for the abolitionist movement within the Society of Friends. Over time, Quakers became some of the most outspoken opponents of slavery in America. The Germantown protest stands as an early and courageous call for justice, foreshadowing the larger struggle for human rights that would unfold in the centuries to come.The Trump administration has asked the U.S. Supreme Court to lift a judge's order blocking the removal of Hampton Dellinger, head of the Office of Special Counsel, as litigation over his firing continues. Dellinger, appointed by former President Biden, was informed of his dismissal on February 7, but he sued, arguing that Trump lacked the authority to remove him without cause. Federal law allows the Special Counsel to be dismissed only for inefficiency, neglect of duty, or malfeasance.On February 12, U.S. District Judge Amy Berman Jackson issued a temporary restraining order reinstating Dellinger, stating that his firing violated legal job protections. The Justice Department, calling the ruling an attack on presidential authority, argues that courts should not dictate whom the president retains in his administration. The D.C. Circuit Court of Appeals rejected the administration's appeal, deeming it premature.This case may set an important precedent for Trump's broader efforts to reshape the federal government by removing independent agency heads. It follows a pattern of dismissals, including Trump's recent firing of 17 inspectors general without explanation. The Special Counsel's Office plays a crucial role in protecting whistleblowers and enforcing restrictions on political activity among federal employees.Trump administration turns to US Supreme Court in bid to fire agency head | ReutersPresident Donald Trump announced he will nominate Edward Martin for a full term as U.S. Attorney for the District of Columbia. Martin, currently serving in an interim capacity, has drawn controversy for his past legal work. He previously represented individuals charged in the January 6, 2021, Capitol riot and recently sought to drop charges against a defendant he once defended.Martin was also present outside the Capitol during the attack and has criticized the Justice Department's handling of the prosecutions. His nomination requires Senate approval, and ethical concerns have been raised about his involvement in cases related to former clients. Justice Department rules typically require attorneys to recuse themselves from such cases for at least a year.Trump, on his first day back in office, granted clemency to nearly all of the 1,600 people charged in connection with the riot. Martin's nomination is expected to face scrutiny due to his past legal advocacy for those involved in efforts to overturn the 2020 election.Trump to nominate top prosecutor Martin for permanent term as US attorney for DC | ReutersA former business development manager is suing Reed Smith LLP for at least $50,000 in unpaid overtime, claiming the firm misclassified her as a manager to avoid paying her for excessive work hours. Phoebe Medeiros filed the lawsuit in California state court, alleging she regularly worked 90-hour weeks, sometimes in shifts as long as 36 hours, despite official timesheets reflecting a standard 40-hour workweek.Medeiros, who transferred to Reed Smith's Southern California office in 2022, says she primarily worked under the direct instructions of partner Mark Pedretti, preparing business pitch materials and relaying information, rather than functioning as a true manager. Pedretti, who is not named as a defendant, has not commented on the lawsuit.Reed Smith has not responded to requests for comment, and neither Medeiros nor her attorneys from The Rutten Law Firm have provided statements. Medeiros has since left the firm and now works at Freshfields. The case, Medeiros v. Reed Smith, LLP, is being heard in California Superior Court for Los Angeles County.Reed Smith Sued by Business Development Manager for Overtime PayAnd in my column for Bloomberg Tax this week, I pitch the idea of tax-abatement bridge loans for office conversions. Post-pandemic, cities like New York, San Francisco, and Washington are struggling to revitalize commercial districts, with tax abatements for office-to-residential conversions proving ineffective because they only apply after project completion. Instead of making developers wait years to benefit, states should allow them to borrow against future tax savings through upfront, low-interest bridge loans—essentially restructuring the incentive rather than creating a new subsidy. With record-high office vacancies and persistent housing shortages, conversions make obvious policy sense. However, they remain slow due to high costs and the difficulty of securing favorable loans in the current interest rate environment. Existing tax incentives only kick in post-construction, forcing developers to front conversion costs while facing uncertainty about future property tax rates. A bridge loan program secured by future abatements would mitigate this risk by locking in tax savings at financing, providing developers with stable, immediate capital. The model would work through a public-private partnership: states would calculate future tax savings, commercial banks would underwrite low-interest loans secured by those abatements, and developers would repay the loans using the redirected tax breaks. Because funds would be deployed in phases based on project milestones, states wouldn't be on the hook for speculative projects that never materialize. Unlike grants or new subsidies, this wouldn't cost taxpayers beyond existing abatements, which are currently underutilized due to their delayed structure. This approach should appeal across the political spectrum—expanding housing supply without direct handouts to developers satisfies progressive concerns, while a self-financing mechanism aligns with fiscal conservatism. Similar models have worked elsewhere, such as Wisconsin's senior housing loan program and widely used tax increment financing districts. Given the scale of the housing crisis, cities can't afford to wait—tax-backed bridge loans offer a practical fix to a well-documented problem. This is a public episode. If you'd like to discuss this with other subscribers or get access to bonus episodes, visit www.minimumcomp.com/subscribe
A court case could soon settle a spicy dispute: Who invented Flamin' Hot Cheetos? A former PepsiCo executive is suing the company, saying it destroyed his career after questioning his claim that he invented the popular flavor of Cheetos snacks. PepsiCo said it has no comment on the lawsuit, which was filed on July 18 in California Superior Court. According to his lawsuit, Richard Montañez began working for PepsiCo as a janitor at its Frito-Lay plant in Rancho Cucamonga, California, in 1977. Montañez was the son of a Mexican immigrant and grew up in a migrant labor camp. One day, a machine in Montañez's plant broke down, leaving a batch of unflavored Cheetos. Montañez says he took the batch home and dusted them with chili powder, trying to replicate the flavor of “elote,” the popular grilled seasoned corn served in Mexico. In 1991, Montañez asked for a meeting with PepsiCo CEO Roger Enrico to pitch his spicy Cheetos, confident they would be a hit with the Latino community. Enrico granted the meeting, liked the presentation and directed the company to develop spicy Cheetos, according to the lawsuit. Montañez said PepsiCo sent him on speaking engagements and actively promoted his story. But in the meantime, Montañez claims the company's research and development department shut him out of its discussions and testing. PepsiCo introduced Flamin' Hot Cheetos in 1992. Montañez says he continued to develop spicy snacks, like Flamin' Hot Popcorn and Lime and Chili Fritos, and in 2000, he was promoted to a business development manager in Southern California. Montañez eventually became PepsiCo's vice president of multicultural marketing and sales. Montañez said demand for speaking engagements was so great that he retired from PepsiCo in 2019 to become a motivational speaker full-time. He published a memoir in 2021 and his life story was made into a movie, "Flamin' Hot," in 2023. But according to the lawsuit, PepsiCo turned on Montañez in 2021, cooperating with a Los Angeles Times piece that claimed others in the company were already working on spicy snacks when Montañez approached them, and that they—not Montañez—came up with the name, "Flamin' Hot." Montañez said PepsiCo's about-face has hurt his speaking career and other potential opportunities, including a documentary about his life. This article was provided by The Associated Press.
In segment one, LACDMH Director Lisa Wong and the Honorable Samantha P. Jessner of the California Superior Court join Hal to talk about LA County's CARE Court. Then, Public Defender Ricardo D. Garcia discusses how the Public Defender's office will be assisting people who are referred to the system. Also, Diego Cartagena, Bet Tzedek CEO joins Hal to talk about the 50 years of free legal assistance the organization has provided to vulnerable Angelenos.
Make Next Year Your Best Year! Start small, but start smart. Join our 3 week Tiny Habits group program and get 2024 off to a great start! Learn More | Register Here _________________________ How much critical thinking are you bringing to your retirement planning? And not just with your investments, but on how you'll invest your time in retirement. Critical thinking can help you avoid distractions, make smart choices and chart your own course in your retirement life. Dennis Torres shares his lessons from a varied career and from six years in retirement. He joins us from Malibu, California. _________________________ Bio Dennis Torres is a skilled, talented mediator, arbitrator and negotiator who is committed to serving the best interests of all parties. He has successfully settled and negotiated thousands of disputes and contracts throughout his professional career. More than 30 years of business experience enables Torres to quickly identify the key issues of any dispute, separate the conflict from the personalities and pragmatically work toward resolution. Additionally, he brings a high degree of integrity and creativity to the process, often being praised for his “out of the box” solutions. A daily meditator since the mid 1970s, it is easy for Torres to remain centered, focused and neutral while being firmly committed to resolution. His style utilizes a full range of facilitative, evaluative, distributive and transformational methods as best suited for the individuals and the uniqueness of each challenge. While varying the process to fit the parties and the dispute, typically he will first caucus with counsel for both sides, followed by a joint session with all parties, then individual caucuses with each disputant and their attorney. His success rate is among the highest in the industry and his solutions among the most satisfying. Torres received his formal training in dispute resolution from Pepperdine University's School of Law, Straus Institute for Dispute Resolution, which is rated number one in the country. He has both a Master's Degree in Dispute Resolution and a Professional Graduate Certificate in Dispute Resolution. Additionally, he is a graduate of The Fashion Institute of Technology, New York where he earned a degree in industrial engineering. He also studied law at LaSalle University before being assigned duty with the United States Air Force in Vietnam. In 2006, he completed the PON at Harvard Law School. In addition to his private practice, Torres served as an adjunct professor of negotiation and dispute resolution for Pepperdine University and as a mediator for the Center for Conflict Resolution (CCR), the California Academy of Mediation Professionals (CAMP), the Arbitration, Mediation & Conciliation Center (AMCC), the State of California Superior Court in Ventura County and Los Angeles County, and the Courts of Malibu, Santa Monica and Van Nuys, and as both a mediator and arbitrator for the National Association of Securities Dealers (NASD). He had been professionally associated with Pepperdine University util his retirement. __________________________ For More on Dennis Torres Website __________________________ Retire Smarter: Follow on Apple Podcasts or Subscribe: Google Podcasts | Spotify | iHeartRadio | TuneIn | RSS __________________________ Podcast Episodes You May Like The Power of Saying No - Vanessa Patrick, PhD Life After Work – Brian Feutz Purpose Driven Retirement – Jet Vertz Independence Day – Steve Lopez __________________________ Retiring? Check out our recommended Best Books on Retirement with short summaries. It's not a just a list - and not just typical titles... ___________________________ Wise Quotes On Critical Thinking & Retirement "Critical thinking is important in all aspects of life, but what it means is to start thinking why we believe what we do.
Keke Palmer is requesting sole custody of her eight-month-old son, Leodis, whom she shares with Darius Jackson, after alleging Jackson has been physically abusive on multiple occasions. You know what? I have been very concerned about Keke since it became clear that her baby's daddy is riddled with the curse of jealousy. In the California Superior Court filing, Palmer alleges that on Sunday of this week, Darius trespassed into her home without her knowledge or consent, threatened her, then physically attacked her, lunging at her neck, striking her, throwing her over the couch, and stealing her phone when she told him she was going to call the police. By the way, Keke has video of all of this. Also in the document filed in court this week, she is getting a restraining order against Jackson. She described incidents of him hitting her in front of their son. Spewing profanities, threatening to kill himself with a gun if she left him. Oh, Keke, baby girl, I'm sending you some prayers. Clearly, Darius Jackson needs to get some help ASAP. Let's hope for the best on this one. And by the way, follow me on social media (@tanyahollywood). We've got a lot of great stuff going on, including an interview coming up with one of my favorite New York Times columnists, Charles Blow. That's next week, you don't want to miss it. Learn more about your ad choices. Visit megaphone.fm/adchoices
Cult Mom Lori Vallow asks the judge to be allowed to leave the courtroom as photos of the decomposing bodies of her two children are shown to the jury. The judge denied the request. Vallow then turned away from the scene, keeping her eyes shut during the display. Rexburg Police Detective Ray Hermosillo testified that 16-year-old Tylee's body had been burned and destroyed, with the tissue remains placed in a partially melted plastic green bucket. JJ was wrapped in plastic, sealed by tape. The search was reportedly so intense that officers got down on their "hands and knees" while digging. The smell, Hermosillo said, was so overpowering that officers had to rotate, and even then, one could only dig for just a few minutes. Joining Nancy Grace Today: David Leroy-Attorney at Law (Boise, ID), Former Idaho Attorney General, Former Idaho Lieutenant Governor & Former Prosecutor (Ada County); Facebook: BoiseCriminalDefense Dr. Dana Anderson- Forensic Psychologist, Forensic Expert, California Superior Court appointed Witness; Twitter: @psychologydrcom, TikTok: @psychologydr Rich Robertson-Arizona based Private Investigator for Brandon Boudreaux and Larry & Kay Woodcock; Owner of R3 Investigations Dr. Priya Banerjee- Board Certified Forensic Pathologist, Anchor Forensic Pathology Consulting; Twitter: @Autopsy_MD Leah Sottile- Journalist; Author: "When the Moon Turns to Blood: Lori Vallow, Chad Daybell, and a Story of Murder, Wild Faith, and End Times;" Podcasts: "Two Minutes Past Nine" & "Bundyville;" Twitter: @Leah_Sottile, Instagram: @leah.sottile See omnystudio.com/listener for privacy information.
A California appeals court ruled against an effort by San Francisco to ban four suspected drug dealers from a 50-square-block area in a city neighborhood rife with drug dealing and drug use.The ruling issued Friday is part of a case that started in 2020 when San Francisco sued 28 alleged drug dealers who frequent the Tenderloin and South of Market neighborhoods to try and clean up the area that has seen the city's largest number of overdose deaths. Then San Francisco City Attorney Dennis Herrera said the lawsuits, if approved in California Superior Court, would prevent the alleged dealers from entering that area of downtown.LIKE & SUBSCRIBE for new videos everyday. https://bit.ly/3KBUDSK
Growing homelessness has fueled bitter conflicts in hundreds of neighborhoods across California. The drought is renewing generations-old local wars over water. Schools have become political and cultural battlegrounds, with parents and teachers at odds. And fights over pandemic response, from Shasta to Orange Counties, have escalated into violent threats between citizens and local officials. Why are so many Californians falling into fights with their neighbors? How much do social media and our polarized national politics contribute to local divides? And what are the best strategies to extract ourselves, and our neighbors, from intense conflicts so that we might work together to solve problems? “High Conflict: Why We Get Trapped and How We Get Out” author Amanda Ripley, UCLA sociocultural anthropologist Kyeyoung Park, and mediator and former California Superior Court judge B. Scott Silverman visited Zócalo to discuss how we can stop contentious disputes from escalating and taking over our communities. This Zócalo/California Wellness Foundation event, co-presented with the Natural History Museum of LA County, was streamed live from the La Brea Tar Pits and Museum on April 13, 2022 and was moderated by Los Angeles Times columnist Erika D. Smith. Read more about our panelists here: https://zps.la/3cjL6OA Visit https://www.zocalopublicsquare.org/ to read our articles and learn about upcoming events. Twitter: https://twitter.com/thepublicsquare Instagram: https://www.instagram.com/thepublicsquare/ Facebook: https://www.facebook.com/zocalopublicsquare LinkedIn: https://www.linkedin.com/company/z-calo-public-square
AS gas prices rise, some Uber and Lyft drivers are considering quitting. We take calls from delivery drivers to see how they are handling the rise of gas prices. A Ventura County Supervisor filed a lawsuit with the California Superior Court for receiving a five-inch chocolate penis. The Rose Bowl will be celebrating its 100th year anniversary in July.
This episode is also available as a blog post: https://youarewithinthenorms.com/2022/03/15/ausa-john-beerbower-esq-california-superior-court-rejects-mis-representation-guidelines-of-doj-deas-narrative-in-the-chronic-pain-game/ --- This episode is sponsored by · Anchor: The easiest way to make a podcast. https://anchor.fm/app Support this podcast: https://anchor.fm/norman-j-clement/support
Last week, there was a new development in a years-long debate about what to do with a controversial mural at San Francisco's public high school George Washington High. The board is required to leave it as is, after a California Superior Court ruled that they failed to follow environmental impact regulations.
Today's show takes us to sunny Southern California! My guest today, Courtney Fretwell is the host of the popular podcast Forensic Tales. Courtney talks about her career working in the California Superior Court, this includes a behind-the-scenes look at what really goes on in a courtroom.Courtney achieved her master's degree in forensic psychology and is now working on her doctorate in forensic psychology. Courtney's specific field of study is the characteristics of someone who commits mass killings and how they can be prevented. Ms. Fretwell is also the host of the popular Forensic Tales Podcast. She tells us how she started the podcast and some of her favorite case studies that were featured on her show.During this episode you will learn:• What a judge's role is in the courtroom. • All of the work that goes on behind the scenes in a courtroom.• When a forensic psychologist would be brought into a case to testify and what their specific role is in the criminal justice system.• How a forensic psychologist would be a part of someone attempting to use the insanity plea in a trial.• How Courtney started a podcast with no podcasting experience and how she grew it has grown into a popular show that she monetizes.All of this and more on today's episode of the Cops and Writers podcast.Visit Courtney's website that has links to her show and much more! Enjoy the Cops and Writers book series.Please visit the Cops and Writers website.If you have a question for the sarge, hit him up at his email.Come join the fun at the Cops and Writers Facebook groupSupport the show (https://patreon.com/copsandwriters)
Dr. Angela Davis is an activist, philosopher, academic and author.Born in Birmingham, Alabama during World War II - she attended segregated black elementary and middle schools in the 1950s.Davis studied philosophy at Brandis University and did her graduate work in Germany with famed philosopher Herbert Marcuse.She would later say that: “Herbert Marcuse taught me that it was possible to be an academic, an activist, a scholar, and a revolutionary.”After returning to the United States, Angela Davis joined the Communist Party, became involved in the Black Panther Party, the Student Non-Violent Coordinating Committee, second-wave feminism and actively protested the War in Vietnam.In 1969 Angela Davis became an acting Associate Professor of Philosophy at the University of California Los Angeles.That same year the University of California initiated a policy against hiring Communists.[At their September 19, 1969, meeting, the Board of Regents - urged on by then-Governor Ronald Regan, fired Professor Davis from her teaching post because of her political beliefs.”On October 8th 1969, Angela Davis gave a speech at UCLA protesting her dismissal.“Education” she told a cheering student audience, “should not mold the mind according to a prefabricated architectural plan. It should rather liberate the mind. Because the mind has to be liberated in order to perceive the world, to see society, to understand what its advantages are, what its disadvantages are.” In that same speech Angela Davis drew persuasive links between the suppression of academic freedom, academic and social institutional racism, and the rise of totalitarianism in German during the 1930s. Later that month Angela Davis was reinstated by a California Superior Court judge and completed teaching the 1969-70 academic year. With that - let’s listen to Angela Davis talk about academic freedom, institutional racism and the dangers of totalitarianism.Support this show http://supporter.acast.com/words-matter. See acast.com/privacy for privacy and opt-out information.
The Monroe County Community School Corporation Board of Trustees recommended on the Tuesday meeting that they should join a multidistrict lawsuit against the company. The lawsuit has already gained traction, involving nearly 100 school districts over the past couple of years. It was first filed in California Superior Court in October of 2019. The lawsuit …
In today's News: Church wins discrimination case Yesterday, a California Superior Court issued a preliminary injunction protecting Father Trevor Burfitt and his Catholic parishes from the discrimination being heaped on them by Gov. Gavin Newsom and those under his authority in the name of COVID-19 prevention. Thomas More Society attorneys are representing Burfitt in his suit against Newsom and other state, county, and municipal officials. Judge Gregory Pulskamp issued the order yesterday, prohibiting Newsom and the others named in the lawsuit from enforcing COVID-19 related restrictions against Burfitt. The court specifically singled out the provisions of Newsom’s Blueprint for a Safer Economy and his regional Stay At Home order as failing to treat houses of worship in a manner “equal to the favored class of entities.” Governor tells worshipers how to pray Virginia Gov. Ralph Northam was widely rebuked for telling churchgoers during a press conference this week how they should worship. In discussing the latest COVID-19 restrictions in the Commonwealth, the governor turned his attention to the religious holidays celebrated this month, noting they are “typically times of joy and community.” Florida free speech law is hailed A nationwide pro-life student organization has expressed support for a newly signed law in Florida prohibiting public colleges from creating so-called "free speech zones" to limit on-campus speech. Earlier this week, Florida Gov. Rick Scott signed Senate Bill 4 into law, which prohibited public colleges from creating "free speech zones" on campus. Florida became the ninth state to pass such legislation, joining Arizona, Colorado, Kentucky, Missouri, North Carolina, Tennessee, Utah, and Virginia. Born-Alive Bill in the U.S. House A Democratic congresswoman has introduced a “Born-Alive” bill in the U.S. House of Representatives, attempting to protect babies born after a failed abortion attempt. Hawaii Rep. Tulsi Gabbard, who was a contender for the 2020 Democratic presidential nomination, has offered H.R. 8923, which aims to amend Title 18 of the United States Code “to ensure a health care practitioner exercises the proper degree of care in the case of a child who survives an abortion or attempted abortion.” The legislation has been referred to the House Committee on the Judiciary. Woman Injured at Manhattan Planned Parenthood For the fifth time this year, a woman who was a client of the Manhattan Planned Parenthood abortion facility was transported by ambulance to a hospital emergency room. This is the 38th such medical emergency documented by Operation Rescue with the help of local pro-life activists. The incident occurred on last Tuesday just before 11 a.m. according to pro-life activists on the scene, the emergency workers entered the Planned Parenthood facility and came out about ten minutes later with a woman on a gurney completely covered with a sheet. She was loaded into an ambulance marked “Lennox Health, Greenwich Village, Northwell Health,” and was transported immediately away from the scene. The ambulance only activated its sirens after it was about a block away from the Manhattan Planned Parenthood facility.
Today we celebrate the botanist who discovered photosynthesis. We'll also learn about the Linnean Society Librarian, who was a botanist and explorer in his own right. We’ll remember the judge who created a new kind of berry. We hear a long-forgotten verse about a rose and a raspberry. We Grow That Garden Library™ with a book about smart gardening in harsh, dry places. And then we’ll wrap things up with adorable instructions about how to make a sugarplum tree out of pine cones. Subscribe Apple | Google | Spotify | Stitcher | iHeart To listen to the show while you're at home, just ask Alexa or Google to “Play the latest episode of The Daily Gardener Podcast.” And she will. It's just that easy. The Daily Gardener Friday Newsletter Sign up for the FREE Friday Newsletter featuring: A personal update from me Garden-related items for your calendar The Grow That Garden Library™ featured books for the week Gardener gift ideas Garden-inspired recipes Exclusive updates regarding the show Plus, each week, one lucky subscriber wins a book from the Grow That Garden Library™ bookshelf. Gardener Greetings Send your garden pics, stories, birthday wishes, and so forth to Jennifer@theDailyGardener.org. Curated News Italy's Olive Trees Are Dying. Can They Be Saved? | National Geographic | Alejandra Borunda Facebook Group If you'd like to check out my curated news articles and blog posts for yourself, you're in luck. I share all of it with the Listener Community in the Free Facebook Group - The Daily Gardener Community. So, there’s no need to take notes or search for links. The next time you're on Facebook, search for Daily Gardener Community where you’d search for a friend... and request to join. I'd love to meet you in the group. Important Events December 8, 1730 Today is the birthday of the Dutch physician, physiologist, and botanist Jan Ingenhousz (“ENG-in-house”). Jan made one of the most significant botanical discoveries in history: photosynthesis. Jan served as the personal physician to the royal Habsburg family in Austria. In 1771, Jan traveled to England with a group that included Benjamin Franklin. During their trip, the group called on Joseph Priestley, who had just made his own impressive discovery: that plant leaves absorb and emit gases. Eight years later, Jan wrapped up his work with the Habsburgs and moved his family to England. In a fascinating turn of events, Jan started testing his ideas about plants in the same laboratory that Joseph Priestly had used - at Bowood House. Jan extended Priestley’s work by adding light as a variable to his experiments. When Jan’s plants were placed underwater in a clear container, Jan exposed them to darkness and sunlight. In the dark, only a few bubbles appeared on the plant. A more exaggerated reaction occurred when Jan’s plants in the tank were placed in the sun: lots of little bubbles appeared on the leaves’ undersides. Jan learned that the bubbles made in sunlight contained oxygen, and the bubbles made in darkness contained carbon dioxide. Jan had proved photosynthesis. December 8, 1800 Today is the birthday of the Scottish botanist, naturalist, and explorer David Don. David grew up in a family with five brothers and one sister. His father, George Don, was a nurseryman. The Don’s provided plants to botanists and supplied produce to the people living near their nursery. In 1802, David’s father became Superintendent of the Edinburgh Botanical Gardens. Both David and his older brother, George Jr, became botanists. As a young man, David moved to London and became a fellow of the Linnean Society. One of David’s first jobs was as the botanist Aylmer Bourke Lambert’s personal librarian, and Aylmer had an extraordinary personal library and herbarium. This job helped David become the Linnean Society librarian - a position he held for almost twenty years. At the age of 35, David became the first Professor of Botany at Kings College in London. Shortly after starting his professorship, David discovered a malignant tumor on his neck. He died in 1841, two weeks short of his 42nd birthday. December 8, 1841 Today is the birthday of the California Superior Court judge and gardener James Harvey Logan. An avid gardener, Judge Logan enjoyed trying his hand at hybridizing. In 1881, Logan was working with blackberries. He crossed a local wild blackberry with a cultivated blackberry known as the Auginbaugh. At the same time, Logan had some Red Antwerp raspberries growing in his garden. In a completely unexpected development, Logan’s work resulted in a cross between his crossed blackberry and the Antwerp raspberry; the result was the Loganberry. Two years later, the Loganberry was introduced to the public by the University of California. Santa Cruz County published a feature on the Loganberry, which said: “The vines or canes of the Loganberry grow entirely unlike either the blackberry or raspberry. They trail or grow upon the ground more like the dewberry. They are exceedingly strong growers, each shoot or branch reaching a growth of eight to ten feet in one season without irrigation... The canes or vines are very large—without the thorns of the blackberry bushes—but have very fine soft spines, much like those of raspberry bushes… The fruit… has the combined flavor of both berries, pleasant, mild, vinous, delightful to the taste, and peculiar to this fruit alone. It is excellent for the table, eaten raw or cooked, and for jelly or jam is without an equal. The vines are enormous bearers, and the fruit is very firm and carries well.” Unearthed Words A rose once bloomed in a garden, White and dainty and fair, By the garden wall at evenfall It dreamed and nodded there; And a raspberry bush climbed over the wall And hung in a rakish pose; "Haven't we met somewhere, my pet?" The raspberry said to the rose. The pure white rose turned whiter, And trembled upon its stalk; One of its petals slowly settled Down on the garden walk; "I'm not the kind of a rose,” she said, "That blossoms in studios; You're wicked, very, you red raspberry!" To the raspberry said the rose. "Be mine, be mine, O maiden rose !" The wicked raspberry cried; But the rose was brave and cried, "Behave! Begone to, your raspberry bride; The rose may only woo the rose, The cherry espouse the cherry, The gypsy maid gets the gypsy blade, The raspberry gets the berry!" "Rose, you have torn in tatters A raspberry heart today; To make you share my own despair, I'll throw myself away; And maybe you'll be sorry And cease to be so merry When it is said that I have wed A horrid black blackberry !" And just to pain a sweet little rose — Lovers are very queer — He made a match in the blackberry patch And ruined his own career; And from that shameful mating 'Twas only temporary — Was born that wild, alluring child, The lovely loganberry! — Morris Bishop, American scholar, historian, biographer, essayist, translator, anthologist, and versifier, Saturday Evening Post, The Legend Of The Loganberry Grow That Garden Library Planting Design for Dry Gardens by Olivier Filippi This book came out in 2016, and the subtitle is Beautiful, Resilient Groundcovers for Terraces, Paved Areas, Gravel and Other Alternatives to the Lawn. In this book, Olivier brings his 25 years of studying plants in the world’s driest places. The author of The Dry Gardening Handbook, Oliver, understands how to grow groundcovers in the most challenging situations. While green lawns are the goal for most homeowners, they often look scrappy and brown due to one reason or another. Olivier’s book offers groundcover designs that are eco-friendly and so gorgeous that they redefine the boundaries between traditional lawn and innovative plant borders. Olivier drew his inspiration from the wild plant communities of Europe, the Middle East, and the U.S. By rigorously trialing plant combinations, Olivier discovered plant selections that are vigorous and hardy on terraces, paths, gravel beds, and flower borders, as well as open yard spaces. Olivier’s smart plant choices include tough new macrothermal grasses, carpeting groundcovers, and stunning wildflower mixes that thrive among gravel and stone. And Olivier thoughtfully includes an indispensable plant directory with over 200 tough and gorgeous dry garden plants that will delight gardeners. This book is 240 pages of lush groundcovers to help you create a sustainable and low maintenance space. You can get a copy of Planting Design for Dry Gardens by Olivier Filippi and support the show using the Amazon Link in today's Show Notes for around $30 Today’s Botanic Spark Reviving the little botanic spark in your heart In 1935, Diana Park’s Garden Forum in The Pittsburgh Press shared an adorable suggestion from a young reader about making a sugarplum tree: Have you thought of making a sugarplum tree out of pine cones for Christmas gifts? Perhaps your father could drive you to a place where evergreens grow. Take a basket, and in the woods, you will probably find plenty of cones to fill it. Get all the sizes you can find, large, small, and medium, perfect, and broken. The defective ones may be sewed into a bright colored bag for burning on Christmas eve. Save all the seed out of the brackets and plant it in a sheltered place outdoors over winter, and perhaps you may grow some trees of your own next year. The sugar-plum tree is made as follows: Wash the largest cone you have, drying it well, paint the tips with chocolate frosting and stick rainbow-colored gum-drops on the chocolate frosting. This makes a very colorful sugar-plum tree and will be welcomed by almost anybody as a surprise from a little girl at Christmas-time. Then, of course, you can paint cones with gold paint and use them as Christmas tree decorations. Hemlock cones are small and can be gilded or colored. Then glue on cards, making nice place-cards for Christmas parties. Thanks for listening to The Daily Gardener. And remember: "For a happy, healthy life, garden every day."
In today's News: Poll finds Americans say 'hands off' religion First Liberty Institute sent to Sen. Lindsey Graham, chairman of the Senate Committee on the Judiciary, the results of a nationwide poll from Mason Dixon Polling & Strategy this week revealing almost two-thirds of Americans believe judicial nominees should not be questioned about their religious beliefs as part of the confirmation process. First Liberty, the nation’s premier law firm dedicated exclusively to religious liberty, commissioned the poll. The poll, conducted by Mason Dixon of likely voters nationwide Oct. 5-7, suggests that 62 percent of respondents view a nominee’s religious beliefs as off limits to examination by the U.S. Senate. The Judiciary Committee’s hearings on the appointment of Amy Coney Barrett to the U.S. Supreme Court starts today. Prayer asked for Lutherans in Burkina Faso The International Lutheran Council (ILC) is urging prayer for Lutherans in Burkina Faso, as the church there struggles in the midst of widespread violence and terrorist attacks. The nation of Burkina Faso has faced multiple terrorist attacks over the past five years, with targets ranging from military and police, villages, markets, schools and churches. The United Nations reports that violence in the African nation has led to the displacement of more than one million people as of august 2020 — an increase of more than 453,000 since the beginning of 2020 and a dramatic change from early 2019 when there were 87,000 internally displaced people in the country. Members of the small Evangelical Lutheran Church in Burkina Faso (Église Évangélique Luthérienne du Burkina Faso – EELBF) have not escaped the growing violence. During the past three years, the EELBF has seen 12 of its members killed in terrorist attacks. Several others have disappeared and remain missing. Those wishing to support the work of the EELBF during the current crisis can donate via The Lutheran Church—Missouri Synod, which has supported work in Burkina Faso since 2000. Gifts should be designated for “mercy work.” California officials face suit One Catholic priest has had enough of Calif. Gov. Gavin Newsom’s seemingly endless “state of emergency” and the constitutional violations incurred with the resultant lockdown. Attorneys from the Thomas More Society have filed a lawsuit in California Superior Court against Newsom and 19 other state, county and municipal officials on behalf of Father Trevor Burfitt. Submitted on sept. 29, the case charges each of the named parties with eight distinct violations of Burfitt’s rights under the constitution of California. Burfitt oversees mission churches in Kern, San Bernardino, San Diego and Los Angeles Counties, each of which has been severely restricted during Newsom’s seven-month lockdown of the state of California. These restrictions imposed and enforced by Newsom and the other named officials in the name of covid-19 have severely obstructed the rights of Burfitt and others throughout California, despite the guarantees promised in the state’s constitution. The complaint seeks declaratory and injunctive relief for the constitutional violations committed by Newsom and those under his authority throughout California.
On Monday, a California Superior Court judge ruled that Uber and Lyft should classify drivers as employees, not temporary contractors. Both companies plan to appeal, and on Wednesday, Uber’s CEO said that if this ruling is upheld, the company would have to temporarily stop operating in California. The ruling has implications far beyond the ridesharing industry, for the entire gig economy and more. Axios Re:Cap producer Naomi Shavin discusses the ruling and what comes next with Mike Isaac of the New York Times and author of “Super Pumped: The Battle for Uber.” Learn more about your ad choices. Visit megaphone.fm/adchoices
Carol Lam grew up in New Jersey, and was educated at Yale and Stanford Law School. Soon after law school, she found a job she loved in the Justice Department – as a federal prosecutor in San Diego – where she handled complex health care fraud cases. Though she enjoyed the work, she accepted an appointment to the California Superior Court bench from Governor Gray Davis. Carol envisioned a long tenure as a judge – a difficult and vital job – but that changed when she became the presidentially appointed United States Attorney for the Southern District of California – the office in which she started as a prosecutor. Today, Carol plays flute with the La Jolla Symphony & Chorus, serves as a member of the Stanford University Board of Trustees, and works as an MSNBC legal analyst.Carol shares with host Chuck Rosenberg fascinating stories of her work as a judge and a federal prosecutor and reflects on the role of prosecutors in the criminal justice system. If you have thoughtful feedback on this episode or others, please email us at theoathpodcast@gmail.com.
John T. A. Rosenthal is Senior Counsel in the Los Angeles Office of Klinedinst PC. He has significant experience in representing clients in a wide variety of litigation matters in State and Federal Courts across the country, as well as before various regulatory bodies, including the U.S. Patent and Trademark Office, the U.S. Copyright Office, the Federal Trade Commission, and States Attorney's General. His litigation and appellate work includes professional malpractice, disputes relating to intellectual property (trademarks, copyright, trade secrets, trade dress), internet/email marketing regulations, employment matters (sexual harassment, retaliation, discrimination, and wrongful termination), and general business disputes. He has assisted clients in developing, managing, protecting and leveraging their intellectual property portfolios, including the negotiation and crafting of license agreements. Before joining Klinedinst, Mr. Rosenthal practiced law in New York, and was selected as a Metro Area Super Lawyer from 2013 to the present. Mr. Rosenthal is a member of the California Lawyers Association, Internet and Privacy Law Committee, and a Member of the Intellectual Property Section of the New York Bar Association. He obtained his Juris Doctorate, cum laude, from the University of Notre Dame Law School, where he was a member of the Law Review, and the Civil Practice and Procedure Editor. During law school, he served as a judicial extern to Hon. Judge Peggy Hora (Ret.) of the California Superior Court. After law school, Mr. Rosenthal served as a law clerk for Chief Judge Richard Enslen (Ret.) and Judge Robert H. Bell (Ret.) for the Western District of Michigan. Before law school, Mr. Rosenthal served as an officer in the United States Marine Corps, and was in charge a radar unit, and conducted research and development of unmanned aircraft. Mr. Rosenthal obtained his Bachelor of Arts degree in Economics from the University of California, at Berkeley. --- Send in a voice message: https://anchor.fm/camillekauer/message Support this podcast: https://anchor.fm/camillekauer/support
1) Coronavirus updatesa. Parents keep their children inside. Few people shake hands anymore. More than two dozen firefighters remain in quarantine. Restaurants and hair salons are close to empty.b. Such is life in Kirkland, Wash., the suburb just east of Seattle known for its folksy downtown and spectacular lakefront views, but now above all as the U.S. epicenter of COVID-19.c. Of the 11 U.S. deaths from the coronavirus epidemic, eight were residents of a local nursing home that is struggling to care for others who may have been infected. An additional death occurred at a Kirkland hospital.d. “I can’t kiss my kids,” said Hamid Dabbaghian, a 48-year-old cashier at the Kirkland Whole Foods who recently moved here from Iran and feared catching the virus from customers. “As a newcomer to the U.S., I’m worried about my family, and worried that if I die, what will they do.”e. The coronavirus outbreak that originated in Wuhan, China, has killed nearly 3,300 people and infected more than 95,000. The virus, which causes a disease known as COVID-19, has spread to at least 81 countries.f. While much is still unknown about the virus, a group of Australian experts have estimated that the virus may have severe consequences on global gross domestic product.g. New modeling from The Australian National University looks at seven scenarios of how the outbreak might affect the world's wealth, ranging from low severity to high severity.h. In the low-severity model — or best-case scenario of the seven — ANU researchers estimate a global GDP loss of $2.4 trillion, with an estimated death toll of 15 million.i. Toyota of Kirkland2) Roberts Criticizes3) Schumer Apologizes4) Pelosi Facebook – Audioa. Implies Censusb. Take down that site5) EWarren out because of Sexisma. Nancy almost cries6) Neal Schon and Jon Cain are accusing their former bandmates of attempting to gain control of the band's trademark.a. The members of Journey are going their separate ways in dramatic fashion.b. Guitarist Neal Schon and keyboardist Jonathan Cain have filed suit against drummer Steven Smith and bassist Ross Valory, alleging the two attempted a "coup" in order to gain control of the “Journey” trademark. According to the complaint, which was filed in California Superior Court on Tuesday, Schon and Cain are seeking damages in excess of $10 million. They have also expelled Smith and Valory from the band.c. The suit, which was filed by law firm Miller Barondess, lays out what the plaintiffs allege was an underhanded effort by their former bandmates to steal away the “Journey” name, to which Schon and Cain claim they own the exclusive rights per a 1998 agreement signed with former frontman Steve Perry when he left the group. That agreement followed a previous one entered into by Schon, Cain and Perry in 1985 via the corporate entity Nightmare Productions providing the trio with an “exclusive, irrevocable license” over the Journey trademark.7) Sanctuary City Lawsa. "As per recent Federal Court ruling, the Federal Government will be withholding funds from Sanctuary Cities," Trump tweeted. "They should change their status and go non-Sanctuary. Do not protect criminals!"b. The 2nd Circuit Court of Appeals in Manhattan ruled on Feb. 26 that the Department of Justice (DOJ) could withhold funding from cities and states that refuse to cooperate with the Trump administration's crackdown on undocumented immigrants.--- This episode is sponsored by · Anchor: The easiest way to make a podcast. https://anchor.fm/app--- Send in a voice message: https://anchor.fm/republickeeper/messageSupport this podcast: https://anchor.fm/republickeeper/support
George Hicks brings over 30 years business experience to the Merger & Acquisition profession. He is a CBI (Certified Business Intermediary) and a CBB (Certified Business Broker) and has been selected by the International Business Brokerage Assn. and the California Assn. of Business Brokers to lecture his peers on business Mergers and Acquisitions. George is qualified in the California Superior Court as an Expert Witness in Mergers and Acquisitions. He has been awarded an Industry Expert designation by the publishers of The Essential Guide to Pricing a Business, published by Business Brokerage Press. George has owned multiple businesses, mastering execution of the sales, marketing and operational disciplines that drive value in the business transaction world. He has received multiple awards for being the top producer in both dollar volume and quantity of deals from one of the largest brokerage offices in the country. His transactional experience has made him a sought after speaker and author for business media, educational institutions, peer associations and industry trade groups. George says that transactional experience combined with creativity and execution, result in maximizing value and getting businesses SOLD. We do 3 things: 1) Sell businesses 2) Provide business valuations 3) Help buyers find the right business for them. ExitCoachRadio.com - Great Advice from Great Advisors! Listen to Daily interviews and tell your Business Owner friends!
In 2018, the California Superior Court announced a new test for determining whether a worker is an employee or an independent contractor. In this Explainer podcast episode, Luke Wake of the National Federation of Independent Businesses breaks down the case and its implications for small business owners in California.Featuring:- Luke Wake, Senior Staff Attorney, NFIB Small Business Legal CenterVisit our website – RegProject.org – to learn more, view all of our content, and connect with us on social media.
In 2018, the California Superior Court announced a new test for determining whether a worker is an employee or an independent contractor. In this Explainer podcast episode, Luke Wake of the National Federation of Independent Businesses breaks down the case and its implications for small business owners in California.Featuring:- Luke Wake, Senior Staff Attorney, NFIB Small Business Legal CenterVisit our website – RegProject.org – to learn more, view all of our content, and connect with us on social media.
Online marketplace eBay has filed a complaint in California Superior Court alleging that Amazon "perpetuated a scheme to infiltrate and exploit eBay's internal member email system" in order to "recruit high-value eBay sellers to Amazon." eBay is demanding a jury trial for the suit. --- Send in a voice message: https://anchor.fm/ecommerceminute/message Support this podcast: https://anchor.fm/ecommerceminute/support
Tiffany Moore: Trade, 5G, and Beyond: The Policy Landscape for Consumer Tech (Ep. 159) How will the current trade war with China affect small, American-owned technology manufacturers? What's the potential of 5G for consumer tech? How is the consumer technology industry tackling diversity and inclusion? The Consumer Technology Association's Senior Vice President of Political and Industry Affairs, Tiffany Moore, joined Joe Miller to discuss these and other issues affecting the policy landscape for consumer tech. Bio Tiffany Moore (@TiffanyMMoore) currently serves as Senior Vice President of Political and Industry Affairs for the Consumer Technology Association. Promoted to the newly created position in April 2018, Tiffany’s expanded role includes overseeing CTA’s U.S. Jobs, and Diversity and Inclusion initiatives. In addition, Tiffany leads the association’s advocacy efforts on Capitol Hill on issues including communications and technology policy, patent litigation reform, strategic immigration reform and international trade, and overseeing CTA’s political action committee CTAPAC. Tiffany joined CTA as Vice President of Government and Political Affairs for the Consumer Technology Association in December 2015. Previously, Tiffany served as a government relations consultant to CTA as principal at Moore Consulting and strategic consultant with TwinLogic Strategies. In addition to CTA, Moore advised numerous corporate and association clients on how to influence technology and innovation policy before Congress and the Administration. Before launching Moore Consulting, Tiffany served as senior legislative advisor in the Legislative and Government Affairs Practice Group at Venable LLP. In 2006, Tiffany was appointed Assistant U.S. Trade Representative for Intergovernmental Affairs and Public Liaison at the Office of the United States Trade Representative (USTR) by Ambassador Rob Portman. In this role, Moore led domestic outreach efforts to American business, agriculture and consumer communities on the U.S. trade policy agenda and served as primary intermediary with governors, mayors and local elected officials on U.S. trade policy. Prior to joining USTR, Tiffany served as director of government relations for Kellogg Company and led legislative policy efforts around a broad array of issues including trade, food security, safety, tax and advertising as director, government relations. Tiffany began her legislative career working in a variety of roles in the office of U.S. Representative Fred Upton (R-MI), where she served as legislative director from 2000-2002. In January 2018, Tiffany was named to the Board of Trustees of the Consumer Technology Association (CTA) Foundation. Tiffany also serves on the Women’s Health Board of The GW Medical Faculty Associates dedicated to supporting the Mobile Mammography Program (Mammovan). In addition, Tiffany serves on the boards of the Faith and Politics Institute and the Washington Government Relations Group. A proud native of Detroit, Michigan, Tiffany earned her M.A. in International Affairs from George Washington University’s Elliott School of International Affairs, and her B.A. from Western Michigan University. Resources Consumer Technology Association Ninja Future: Secrets to Success in the New World of Innovation by Gary Shapiro (pre-order) News Roundup Twitter purges pro-Saudi bots Twitter has purged bots that NBC News discovered were simultaneously tweeting pro-Saudi talking points regarding the alleged murder and dismemberment of Washington Post journalist Jamal Khashoggi. The Washington Post also reports that Saudi Crown Prince Mohammed bin Salman had ordered a network of Twitter trolls to attack Kahshoggi’s viewpoints in the days, weeks and months leading up to his disappearance. Why is Softbank’s CEO still warm on the Saudis? Several companies have decided to distance themselves from Saudis, following the apparent murder of Jamal Khashoggi. But not Masayoshi Son—head of Japanese conglomerate Softbank, which has made extensive investments in U.S.-based companies, including WeWork, Uber and Slack, and which also owns Sprint. The New York Times has the report. Russian-linked Twitter bots Some bots connected to Russia’s Internet Research Agency have also been attempting to interfere with U.S. elections, according to Twitter. Apparently the bots use platforms of automation companies like IFTTT to quickly disseminate tweets. IFTTT says it’s investigating. The Justice Department also charged a Russian woman-- Elena Khusyaynova—with conspiracy to defraud the United States. Kusyaynova allegedly helped spearhead a campaign to divide Americans via social media. Ebay sues Amazon Ebay has sued Amazon in California Superior Court for allegedly poaching sellers by using Ebay’s internal email system. The complaint includes allegations of violations of both civil and criminal statutes. Richard Parsons resigns from CBS board Media veteran Richard Parsons has stepped down from the board of CBS, including as Interim Chairman, citing health issues related to a rare blood cancer he was diagnosed with several years ago. Strauss Zelnick will take up the reigns as interim chair. Zelnick is seasoned in all areas of the entertainment industry, including as CEO of Take Two Interactive—the creators of the Grand Theft Auto game franchise. Netflix to take on more debt Netflix—already under a mountain of debt—is seeking to take on another $2 billion worth, the company announced Monday during an earnings call. It’s the second time this year the company will take on more debt. Netflix was down .94% points at Monday’s close. Uber considers IPO proposals Finally, Uber is considering IPO proposals from Goldman Sachs and Morgan Stanley, some of which value the ride-sharing company at as much as 120 billion. The valuation exceeds that of the top three U.S. car makers – GM, Ford, and Fiat Chrysler – combined. Lyft is also said to be considering an IPO next year—its valuation is $15 billion.
On November 28, 2017, the Supreme Court heard argument in Cyan, Inc. v. Beaver County Employees Retirement Fund, a case involving a dispute over the concurrent jurisdiction of federal and state courts regarding class-action lawsuits that allege securities law violations. In 1995, Congress enacted the Private Securities and Litigation Reform Act (PSLRA) to address various abuses then taking place with respect to securities litigation. When plaintiffs then proceeded to file securities actions in state rather than federal courts in an effort to avoid PSLRA restrictions, Congress enacted the Securities Litigation Uniform Standards Act of 1998 (SLUSA), to “prevent certain State private securities class action lawsuits alleging fraud from being used to frustrate the objectives of the [PSLRA].” Among other things, SLUSA amended the concurrent jurisdiction of federal and state courts over enforcement suits under the 1933 Securities Act to except “covered class actions,” which were otherwise provided for in Section 77p(c) of the Act. That section precludes covered class actions alleging state-law securities claims and permits precluded actions to be removed to and dismissed in federal court. In 2014, Beaver County Employees Retirement Fund brought a “covered class action” against Cyan, Inc. in California Superior Court, alleging violations of the 1933 Securities Act’s disclosure requirements. The Fund alleged no state law claims, only the federal Securities Act violations. Arguing that the state courts lacked subject matter jurisdiction over the federal claims in the wake of SLUSA, Cyan sought judgment on the pleadings. The Superior Court denied relief, following precedent from the California Court of Appeal (Second District) indicating that “concurrent jurisdiction of a covered class action alleging only claims under the 1933 Act ‘survived the amendments’ that SLUSA had made to that statute.” The California Court of Appeal (First District) affirmed the Superior Court, and the Supreme Court of California denied further review.The U.S. Supreme Court then granted certiorari to resolve whether state courts lack subject matter jurisdiction over “covered class actions” that allege only claims under the Securities Act of 1933. To discuss the case, we have Thaya Brook Knight, Associate Director of Financial Regulation Studies at the Cato Institute.
On November 28, 2017, the Supreme Court heard argument in Cyan, Inc. v. Beaver County Employees Retirement Fund, a case involving a dispute over the concurrent jurisdiction of federal and state courts regarding class-action lawsuits that allege securities law violations. In 1995, Congress enacted the Private Securities and Litigation Reform Act (PSLRA) to address various abuses then taking place with respect to securities litigation. When plaintiffs then proceeded to file securities actions in state rather than federal courts in an effort to avoid PSLRA restrictions, Congress enacted the Securities Litigation Uniform Standards Act of 1998 (SLUSA), to “prevent certain State private securities class action lawsuits alleging fraud from being used to frustrate the objectives of the [PSLRA].” Among other things, SLUSA amended the concurrent jurisdiction of federal and state courts over enforcement suits under the 1933 Securities Act to except “covered class actions,” which were otherwise provided for in Section 77p(c) of the Act. That section precludes covered class actions alleging state-law securities claims and permits precluded actions to be removed to and dismissed in federal court. In 2014, Beaver County Employees Retirement Fund brought a “covered class action” against Cyan, Inc. in California Superior Court, alleging violations of the 1933 Securities Act’s disclosure requirements. The Fund alleged no state law claims, only the federal Securities Act violations. Arguing that the state courts lacked subject matter jurisdiction over the federal claims in the wake of SLUSA, Cyan sought judgment on the pleadings. The Superior Court denied relief, following precedent from the California Court of Appeal (Second District) indicating that “concurrent jurisdiction of a covered class action alleging only claims under the 1933 Act ‘survived the amendments’ that SLUSA had made to that statute.” The California Court of Appeal (First District) affirmed the Superior Court, and the Supreme Court of California denied further review.The U.S. Supreme Court then granted certiorari to resolve whether state courts lack subject matter jurisdiction over “covered class actions” that allege only claims under the Securities Act of 1933. To discuss the case, we have Thaya Brook Knight, Associate Director of Financial Regulation Studies at the Cato Institute.
Often there are questions around searching for assets, particularly assets that are retained in financial institutions. Asset searches may be performed during pre-litigation activities, post-judgement or both. It is not infrequent for a defendant to attempt to conceal their assets in a myriad of creative ways. When that happens, it is then time for an experienced judgement debt researcher to take the reins. Private Investigator Nic Smith is such a person. His skills and techniques were challenged in a California Superior Court recently and his side prevailed. Tune in to hear Nic Smith talk about his brand of expert testimony and the ins and outs of asset recovery.
The Strength of My Soul, Stories of Sisterhood, Triumph and Inspiration, Presented by SharRon Jamison is an anthology that premiere the trials, tribulations and victories of 27 women from different races, classes and backgrounds. These women share their pains, their moment of despairs and the moment of victories. They use prose and narratives to tell of their journey as the let you into their lives. They show you their darkest hours and the brightest triumphs. Their works are inspirational and a must read for all women. Joining CAN WE TALK FOR REAL to talk about their contribution to The Strength of My Soul “Seeing” The Forest For The Trees, will be Yvette Bennett, a BFA Graduate, previous Media Society President at American Intercontinental University, Atlanta Georgia and Asset Manager for Universal Pictures. Also joining will be Colleen Pratt who will also share her contribution to The Strength of My Soul, A Perceived Hurdle Is Not a Hurdle At All. Over the past fourteen years, Colleen M. Pratt has practiced law in Southern California with an emphasis on civil litigation. MS. Pratt has handled thousands of cases, and her accomplishments span from the Federal District Court to the California Superior Court, and all the way to the California Court of Appeal. Her watchwords have always been and will continue to be: commitment, dedication, and compassion. Join us for for this inspirational, uplifting and empowering conversation listen to our show and hopefully one of these ladies story will give you that word needed to remind you – You are never alone and YES YOU CAN. Show starts at 8:30est/:7:30cst, call in to 347-215-8985, and Press 1 to speak.
LISTEN David Honig David Honig co-founded the Minority Media and Telecommunications Council (MMTC) in 1986. MMTC has represented over 70 minority, civil rights and religious national organizations in selected proceedings before the FCC, and it operates the nation’s only full service, minority owned media and telecom brokerage. Mr. Honig is MMTC’s President and Executive Director. Since 1983, Mr. Honig has also been engaged in the private practice of communications and civil rights law, representing national organizations, broadcasters and broadcast applicants. Mr. Honig is a member of the bars of the D.C. Court of Appeals, the U.S. District Court for the District of Columbia, the D.C. Circuit and Second Circuit of the U.S. Court of Appeals, and the U.S. Supreme Court. He has litigated twenty federal appeals in four courts, and participated in over 90 FCC rulemaking proceedings and hundreds of adjudicatory cases. From 1975 to 1985, Mr. Honig taught communications policy, research and law at the School of Communications, Howard University. Mr. Honig served as an adjunct lecturer at Catholic University’s Columbus School of Law in 1988, teaching the advanced seminar in International Regulation of Communications. He taught Civil Rights Litigation at the University of Miami School of Law in 1996. Mr. Honig has published numerous journal articles, monographs and empirical research studies on international and domestic communications issues. He is the author of law review articles on group defamation, minority broadcast station ownership, and municipal services discrimination. Mr. Honig served as a U.S. Delegate to the 1979 World Administrative Radio Conference in Geneva, where he helped write the ITU’s rules governing AM radio. He has chaired working groups of the FCC’s Advisory Committee on Radio Broadcasting and Advisory Committee on Broadcast Satellite Service Planning. In 2003, he was named by (then) FCC Chairman Michael Powell to serve on the FCC Advisory Committee on Diversity for Communications in the Digital Age, on which he serves as Chair of the Constitutional Issues Subcommittee. Mr. Honig’s current professional and public service work includes service as Special Counsel for Civil Rights for the Florida State Conference of Branches of the NAACP, and as founding General Counsel of the Broadband Opportunity Coalition, an association of the nation’s leading civil rights organizations that promotes universal broadband adoption, literacy and minority business participation. The National Law Journal has named Mr. Honig one of the thirty most influential communications lawyers. He has received the National Bar Association’s Presidential Award, the National Association of Minorities in Communications’ Mickey Leland Humanitarian Achievement Award, the International Black Broadcasters Association’s Visionary Award, and the National Association of Minority Media Executives’ Lifetime Achievement Award. Mr. Honig received a B.A. degree in mathematics from Oberlin College in 1971 and an M.S. Degree in Systems Analysis from the University of Rochester in 1974. He earned his J.D. cum laude in 1983 from Georgetown University Law Center. His hobby is restoring Checker autos (best known as New York cabs.) He has a 20 year-old daughter, Josephine. Web: http://mmtconline.org/ Web: http://www.flanaacp.org/ Kevin Ross Kevin A. Ross (born 1963) is an American host of the syndicated television program America's Court with Judge Ross, a producer, communications strategist, and former California Superior Court judge. A Los Angeles native, Ross attended Gardena High School, where he was student body president and president of the District-Wide Association of Student Councils for the Los Angeles Unified School District. He went on to graduate from Morehouse College with a degree in Political Science, and received his juris doctorate from Southwestern Law School.