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Klocke v. University of TX at Arlington
(United States Fifth Circuit) - Reversed and remanded. The Texas Citizens Participation Act does not apply to diversity cases in federal court.Lopez v. Bartlett Care Center, LLC
(California Court of Appeal) - Affirmed. Defendant, a skilled nursing facility, appealed an order denying its petition to compel arbitration for claims of negligent, elder abuse and wrongful death. The trial court found that the claims were not arbitratable because there was no arbitration agreement between Defendant and the decedent.Stephens v. Union Pacific Railroad Company
(United States Ninth Circuit) - Affirmed. In a claim of negligence for secondary exposure to asbestos, the plaintiff failed to establish sufficient cause. The panel held that in the context of asbestos claims, the substantial-factor test requires ademonstrating that the injured person had substantial exposure to the relevant asbestos for a substantial period of time.aJones v. US
(United States Fifth Circuit) - Affirmed. An injury suit under general maritime law failed because causation evidence was scant and the injured party couldn't prove that grease on a ship deck caused him to slip and fall.Churchman v. Bay Area Rapid Transit Dist
(California Court of Appeal) - Affirmed. Plaintiff sued Defendant for a slip and fall accident in the BART station on the theory that the train operator owed a heightened duty of care under Civil Code section 2100. The trial court dismissed the action on the grounds that Defendant had no liability for accidents that did not occur on the train. The appeals court agreed also holding that section 2100 does not apply to minor commonplace hazards in a train station.Branom v. Diamond
(California Court of Appeal) - Dismissed appeal. Plaintiff and Defendant agreed to an expedited jury trial process pursuant to Code of Civil Procedure section 630.01. As part of the expedited process, the parties agree to waive the right to appeal. Plaintiff sought to appeal the amount of the damages award, but by executing the consent to expedited jury trial she voluntarily waived her right to appeal.Huerta v. City of Santa Ana
(California Court of Appeal) - Affirmed. Plaintiffs are the parents of three girls who were killed by a speeding motorist while they crossed the street in a marked crosswalk. Plaintiff brought an action against the City of Santa Ana claiming that the crosswalk qualified as a dangerous condition on public property. The appeals court did not find a dangerous condition or any peculiar condition that would trigger an obligation by the City.Fuller v. Department of Transportation
(California Court of Appeal) - Affirmed. Plaintiff was injured in a head-on traffic accident that he alleged was partially caused by a dangerous road condition. The jury found that a dangerous condition existed but it was not a reasonably foreseeable risk that this kind of incident would occur. The appeals court agreed and affirmed the judgment in favor of the Defendant. Moore v. LA Department of Public Safety
(United States Fifth Circuit) - Reversed. The substitution of the guardians of the children of a deceased man discovered a year after the filing of a wrongful death action by his mother was proper despite the substitution occurring after the statutory limitations period. The substitution relates back to the date of the initial complaint.Martinez v. Walgreen Company
(United States Fifth Circuit) - Affirmed. Walgreens was not responsible for third parties injured on the road by a customer of the pharmacy who was negligently given someone else's prescription. They did not owe a tort duty of care to third parties.Voris v. Lampert
(Supreme Court of California) - Affirmed. Plaintiff successfully brought an action against Defendant for contract-based and statutory remedies for nonpayment of wages. On appeal Plaintiff sought to hold Defendant personally liable under a theory of common law conversion. The appeals court held that such a conversion claim is not the appropriate remedy.Baughman v. Hickman
(United States Fifth Circuit) - Affirmed. In the case of a man who alleged a constitutional violation related to his injuries while in custody, the dismissal of all federal claims for failure to state a claim affirmed, as was the decision not to exercise supplemental jurisdiction over a Texas law claim. In Re: Deepwater Horizon
(United States Fifth Circuit) - Affirmed. The magistrate judge and district court properly denied the claims of a group of fishermen to a portion of the punitive damages settlement granted to a class of claimants alleging harm as a result of the Deepwater Horizon oil spill because the court was bound to precedent, the plain language of the settlement, and a deferential standard of review.Capitol Services Management v. Vesta Corp.
(United States DC Circuit) - Reversed and remanded. The district court's dismissal of a tort claim as time barred was in error because at the motion to dismiss stage dismissal for statute of limitations is only possible if the plaintiff's claims are conclusively time barred on the face of the complaint.Doe v. McKesson
(United States Fifth Circuit) - Petition for rehearing granted. A lawsuit by a police officer hit by a thrown object during a protest against Black Lives Matter was properly dismissed, but his suit against the protest organizer should have been permitted to proceed.Pina v. County of Los Angeles
(California Court of Appeal) - Reversed judgment on the verdict and remand for new trial. Plaintiff brought a personal injury action against Defendant for injuries suffered in a bus accident. The jury found for Plaintiff but awarded minimal damages on the belief from an expert testimony that future surgery would not be required. The court awarded Defendant costs and attorney fees under CCP 998. Plaintiff appealed on the grounds that the expert testimony exceeded the scope of permissible impeachment. The appeals court agreed and ordered the trial court to vacate its order on the post-trial motions. Timm v. Goodyear Dunlop Tires North America
(United States Seventh Circuit) - Affirmed. A lawsuit arising from a terrible motorcycle accident that alleged defects in the tires and helmets involved failed because the plaintiffs didn't present admissible expert testimony to support their claims.Smith v. Ogbueh
(California Court of Appeal) - Reversed. Plaintiff is an indigent, self-represented prison inmate pursuing a medical malpractice claim. The trial count denied Plaintiffas request for the appointment of counsel and granted Defendantas motion for summary judgment. The appeals court directed the trial court to conduct further proceedings on Plaintiffas right of access to the courts and right to appointment of counsel and to vacate the order granting the motion for summary judgment. People v. Superior Court
(California Court of Appeal) - Denied District Attorneyas writ of mandate to declare Senate Bill No. 1391 unconstitutional. Juvenile offender, T.D., shot and killed someone when he was 14. The DA filed charges against T.D. directly as an adult. While the case was pending, Proposition 57 was passed to eliminate the DAas ability to charge minors 14 or younger as adults. Later, SB No. 1391 was passed that prohibited transfers of 14 -15 year-olds to criminal court. The Appeals court found that SB No. 1391 was not unconstitutional and that it was consistent with the intent of Prop 57.Sheen v. Wells Fargo Bank, N.A.
(California Court of Appeal) - Affirmed. Plaintiff, a homeowner, attempted a mortgage loan modification with Defendant, but when Plaintiff fell behind in payments, Defendant foreclosed. Plaintiff sued for negligence. The trial court sustained Defendantas demurrer on the grounds that no tort duty is owed on contracts. The appeals court held that a lender does not owe a borrower a duty to offer, consider, or approve a loan modification.Longoria v. Hunter Express Ltd.
(United States Fifth Circuit) - Vacated and remanded. A $2.8 million verdict in a car accident and injury case was vacated because there was no evidence to support an award for future mental anguish or future pain and suffering.Lee v. Dept. of Parks and Recreation
(California Court of Appeal) - Affirmed immunity, reversed attorney fees. Plaintiff sued Defendant on a premises liability claim. The trial court found that governmental immunity applied and awarded judgment to Defendant along with attorney fees under Code of Civil Procedure section 1038. The appeals court held that government immunity did apply, but reversed the award of attorney fees because there was a real question of whether government immunity was applicable or not such that Plaintiffas lawsuit had a reasonable cause which defeated the attorney fee award.Wilson v. County of San Joaquin
(California Court of Appeal) - Reversed. Plaintiff pled no contest to a felony charge of child abuse for injuries to his infant son, but filed this suit against Defendant, Fire Department, for the emergency medical aid that allegedly led to the death of his infant son. Defendant filed a summary judgment motion that was granted by the trial court on the grounds of government immunity. The appeals court held that government immunity applies to situations where fire fighters are supplying firefighting services, not emergency medical services. Chronis v. USA
(United States Seventh Circuit) - Affirmed. In order for a tort claim to be brought against the US the plaintiff must first exhaust her administrative remedies by presenting her claim to the appropriate federal agencies and demand a sum certain in their claim. The plaintiff in this action failed to make such a demand and the district court properly dismissed the case.Huckey v. City of Temecula
(California Court of Appeal) - Affirmed. The trial court granted City's motion for summary judgment. Plaintiff sued City for injuries from tripping and falling over a defective sidewalk. The trial court ruled that the defect was trivial as a matter of law.Dickinson v. Cosby
(California Court of Appeal) - Affirmed. Plaintiff claimed that Defendant, Cosby, raped her in 1982. Defendant responded by claiming Plaintiff was lying in several press releases. Plaintiff filed suit for defamation. Cosby moved to strike the complaint under the anti-SLAPP statute. The trial court denied Cosby's motion to strike and the appeals court held that none of Plaintiffas claims were barred by the anti-SLAPP statute.Tauscher v. Phoenix Board of Realtors, Inc.
(United States Ninth Circuit) - Reversed summary judgment in favor of the Defendant. Plaintiff brought suit against Defendant under the Americans with Disabilities Act. Plaintiff, who is deaf, requested an American Sign Language interpreter at Defendants' continuing educations courses. Held that while a public accommodation must furnish appropriate assistance to individuals with disabilities, specific aid is not required, but there was an issue of material fact as to whether effective communication was offered to Plaintiff even if different than that requested.Valentine v. Plum Healthcare Group, LLC.
(California Court of Appeal) - Affirmed order denying petition to compel arbitration. Plaintiffs attempted to enforce arbitration in an action for elder abuse and wrongful death at a skilled nursing facility. The trial court determined that the successor in interest was bound by the agreement to arbitrate, but the children of the decedent were not so bound. The trial court denied the petition to arbitrate to prevent inconsistent findings if both arbitration and litigation proceeded concurrently. The appeals court agreed.Severson & Werson v. Sephery-Fard
(California Court of Appeal) - Reversed. Plaintiff filed a petition for a workplace violence restraining order against Defendant using the mandatory Judicial Council form. The trial court granted the workplace violence restraining order. Appeals court reversed concluding that Defendant was not afforded the required notice under Code of Civil Procedure 527.8 and reversed the ruling. Keyword Selected: Starr
Blink-182 Announce Shows With Drain And Viral aWhat The Fuck Is Up Dennyasa Band
Last year, Blink-182 released their latest album One More Time… and celebrated by playing a Denny’s. The performance was a callback to when Houston metalcore crew Live Without performed at the same breakfast establishment in 2013 and clips went mega-viral, quickly becoming a meme. Now, the pop-punk veterans are taking Live Without on tour, along with Santa Cruz hardcore group Drain.
Eric Church Addresses Backlash To His Unconventional Stagecoach Set
Last night, Eric Church headlined Stagecoach with a polarizing performance. Seated in front of red stained glass windows, the country musician played an acoustic, covers-heavy set that included songs by 2Pac (aCalifornia Lovea) and Snoop Dogg (aGin And Juicea) with a gospel choir. The night was light on his own material and some audience members booed while others left to see Nickelback perform on another stage. This morning, Church addressed the performance with a statement.
NewJeans a aBubble Guma
Last year, NewJeans released their sophomore EP Get Up. Since then, they’ve been relatively quiet while wrapped up in legal issues, including a report against the CEO of their label and a lawsuit against an anonymous YouTuber for defamation. Now, the K-pop juggernaut is back with “Bubble Gum.”
Ringo Starr Shares EP With The Strokesa Nick Valensi, Going Country Next
Yesterday, Ringo Starr gave an official release to his new EP, Crooked Boy, which came out as an exclusive vinyl on Record Store Day. Its four tracks were written and produced by Linda Perry and feature the Strokes guitarist Nick Valensi.
Taylor Swift Bandcamp Page Secured By Ogbert The Nerd Bandleader For Jokey Screamo Release
Last year, Ogbert The Nerd shared the song “Bike Cops.” The New Jersey emo group has been relatively quiet, but bandleader Madison James is up to big things, such as securing taylorswift.bandcamp.com.
Watch Jimmy Eat World On The Danny Brown Show
Yesterday, Jimmy Eat World’s Jim Adkins and Zach Lind appeared as guests on Danny Brown’s podcast The Danny Brown Show. The rapper began the episode with the confession that when he went through a bad breakup, he listened to their 1999 album Clarity every day. They also talked influences, AI art, self-love, favorite artists, and more.
Outkast Share Statement As Producer Rico Wade Laid To Rest On 30th Anniversary Of Debut Album
Yesterday was 30 years since the release of Outkast’s debut album, Southernplayalisticadillacmuzik. While the hip-hop duo were celebrating the anniversary, they were also mourning the loss of producer Rico Wade, who passed away earlier this month and was laid to rest yesterday. Big Boi and AndrA(c) 3000 shared statements on social media.
Phish Sent Drew Carey A Blender After His Unhinged Tweets From The Sphere
Earlier this week, Drew Carey of The Drew Carey Show and The Price Is Right fame wrote that he would stick his dick in a blender (among other sacrifices) to be able to see Phish at the Sphere again. He had never seen Phish before and apparently didn’t even know any of their songs. Yesterday, the game show host and comedian shared that the band sent him a blender.
Watch Lana Del Rey Sing aUnchained Melodya With Paul Cauthen At Stagecoach Festival
Last night Lana Del Rey made a surprise appearance at the country fest Stagecoach during Paul Cauthen’s set. The duo duetted on “Unchained Melody,” the Righteous Brothers’ 1965 classic Lana covered on NBC’s Christmas At Graceland special in December and Cauthen covered with Orville Peck in 2020.
Shut Up, Dude: This Weekas Best Comments
We released a code update so you should no longer have to click to log in to read Shut Up, Dude if you’re already logged in. Lemme know if it worked!
SZA & Keke Palmer Starring In New Buddy Comedy From Issa Rae
Back in December 2022, right when S.O.S. was about to drop, SZA was the musical guest on Saturday Night Live. The host that night was Keke Palmer, who got along famously with SZA in the episode promos. Now SZA and Palmer’s paths through the entertainment industry are crossing again: As Deadline reports, the pair will star in a new buddy comedy produced by Issa Rae.
Welcome To AG Clubas World
Since their 2017 inception, it feels like the Bay Area’s AG Club have been through eons of trials and errors. The sprawling collective is spearheaded by the de facto leaders Jody Fontaine and Baby Boy and their videographers Manny Madrigal and Ivan Collaco. Everyone else caught in the colorful crossfire could become a member of the Club as well, as evident in the sprawling network of designers, collaborators, and friends that make up their growing universe.
The 5 Best Songs Of The Week
Every week the Stereogum staff chooses the five best new songs of the week. The eligibility period begins and ends Thursdays right before midnight. You can hear this weekas picks below and on Stereogumas Favorite New Music Spotify playlist, which is updated weekly. (An expanded playlist of our new music picks is available to members on Spotify and Apple Music, updated throughout the week.)
Missing Link a aNew York Minutea
The ultra-heavy Northeast hardcore band Missing Link got started during the pandemic, and they’ve got a lineup that includes members of bands like Pain Of Truth, Out For Justice, and Internal Bleeding. After a few early releases, they’ve announced plans to release their full-length debut Watch Me Bleed this summer. Expect it to go extremely hard.
Stream Ceremony Frontman Ross Farraras Hypnotic New Solo Album Strange Going
For nearly two decades, Ross Farrar has been the lead singer for Ceremony, a truly great California punk band that won’t stop changing its approach. Earlier this year, a giant crowd packed into the Hollywood Palladium to see Ceremony play their 2010 classic Rohnert Park in full for what’s apparently going to be the only time ever. Farrar also made a couple of excellent recent records with the side project Spice, and his poetry gets published in places like The Paris Review. And then there’s the solo thing.
Willie Nelson a aMade In Texasa
In the past few weeks, 91-year-old legend Willie Nelson appeared on new records from BeyoncA(c) and Orville Peck. This summer, he’ll embark on another edition of his touring Outlaw Music Festival, where mythic figures like Bob Dylan and Robert Plant will open for him. Next month, Nelson will release The Border, which is being billed as his 75th album of new material. We’ve already posted the grave, powerful title track, and now Nelson has shared a very different single.
Inter Arma Go All Nick Cave On Their New Album Closer aForest Service Road Bluesa
Today, Richmond underground metal lifers Inter Arma release New Heaven, their first album of new material in five years. All the advance singles — the title track, “Concrete Cliffs,” “Desolation’s Harp” — were titanic, and I kept meaning to listen to the advance stream of the full album, but I guess I never got around to it. Maybe that’s why I was so surprised when I played the record today and the last track came in.
Watch Pearl Jam Play Dark Matter Songs Live For The First Time And Two Classics On Howard Stern
Pearl Jam visited their fellow ’90s icon Howard Stern’s SiriusXM radio show this week to promote new album Dark Matter. We posted a bunch of interview clips from the show on Wednesday, and now several performance videos have gone live.
Ankebiter & Preventionas New Split Is A Ferocious Straight-Edge Hardcore Attack
Last year, the Massachusetts straight-edge hardcore band Anklebiter released To Live And Withstand, an absolutely galvanizing EP. Anklebiter play old-school hardcore with bounce and focus and charisma, and they make old sounds feel fresh and exciting. Today, Anklebiter have joined forces with fellow straight-edge warriors Prevention for a new split.
Memo From The Tortured Poets Department: You Need To Calm Down
(Yes, it’s a Taylor Swift column. The reason is simple: This is a pop column, and every artist in the industry knows better than to release a pop album the same week as Taylor Swift. What else is there to write about? Pearl Jam? UB40? Raffi?)
Watch Danielsonas aCome And Save Mea Video Starring Fred Armisen
For the 2021 movie Electric Jesus, about a fictional ’80s religious metal band called 316, Daniel Smith of the quirky Christian underground rock band Danielson wrote a bunch of fake Christian hair metal songs. The film’s soundtrack also included “Come And Save Me,” an epic eight-minute Danielson song in the band’s usual theatrical indie-pop style (i.e. more like Danielson pal Sufjan Stevens’ early work, not like the hair metal pastiche of 316). “Come And Save Me” uses lyrics penned by Larry Norman, the cult-favorite Jesus People singer-songwriter whose rapture ballad “I Wish We’d All Been Ready” has been covered by artists like DC Talk and Jordin Sparks.
Chris Stapleton a aI Should Have Known Ita (Tom Petty Cover)
Tom Petty has long been a beloved figure in country music circles, and a new tribute album will feature a bunch of country luminaries covering his songs. We’ve already posted Dolly Parton’s version of “Southern Accents,” the lead single from the forthcoming compilation Petty Country: A Country Music Celebration Of Tom Petty, and the record also has Petty covers from people like Willie Nelson, Luke Combs, Steve Earle, George Strait, Margo Price, Rhiannon Giddens, Jamey Johnson, and the Brothers Osborne. A bunch of Petty’s old Heartbreakers bandmates appear on the album, and it’s got Wynonna Judd and Lainey Wilson doing “Refugee” together. Today, we get to hear Chris Stapleton’s contribution.
Doja Cat Is Not For The Children
Saba & No ID a ahead.rapa (Feat. Madison McFerrin, Ogi, & Jordan Ward)
Lately, the young and incisive Chicago rap great Saba has been working closely with legendary producer and fellow Chicagoan No ID. They’re slowly rolling out the collaborative album From The Private Collection Of Saba And No ID, and we’ve already posted their singles “Back In Office” and “hue_man nature.” Now, they’re back with another one.
Weave Got A File On You: Moby
Moby is an open book a literally. Few electronic producers across the last several decades have been the focus of such a sustained level of public and press attention the way the 58-year-old mononymous superstar (known in government documents as Richard Melville Hall) has. There’s a lot out there to know about Moby, and much of it he’s made available by his own design: His twin memoirs, 2016’s Porcelain: A Memoir and Then It Fell Apart from 2019, are at turns revelatory, highly entertaining, and straight-up deeply unpleasant to consume. Even as his own ability to be wholly truthful about the past has come under scrutiny (more on that later), his warts-and-all approach to laying out his own personal travails would leave one to believe that, when it comes to reflecting on his recent and distant past, Moby is simply out of stories to tell.
The Smashing Pumpkins Announce New Guitarist Kiki Wong
This summer, the Smashing Pumpkins will head out on a gigantic stadium tour with Green Day and Rancid. It’s their highest-profile tour in a very long time, and they’ll do it without guitarist Jeff Schroeder, who joined the band in 2006 and left last year. In January, the Smashing Pumpkins posted a wanted ad for a new guitarist, and more than 10,000 people applied for the position. The band reviewed the submissions and held in-person auditions in Los Angeles. Today, the band announced that LA shredder Kiki Wong will join them on the road.
Chief Keef Returns To Chicago To Headline Summer Smash Festival
Chief Keef is coming home. In the early ’10s, the teenage Sosa popularized Chicago drill, and the genre has now swept across the planet. During his rise to fame, though, Keef was constantly in trouble with the law, and his Chicago performances were shut down again and again. For more than a decade, Keef has essentially been banned in Chicago.
Van Lear Rose Turns 20
Loretta Lynn could write. It takes a rare and difficult-to-quantify set of skills to write a great country song. You need to be able to tell a rich, emotionally resonant story — maybe saccharine, maybe not — in as few words as possible. Those words need to make musical sense, and they need to be written for someone who can inhabit those words. Nashville supports an entire industry of people whose job it is to crank out country songs, and the writers often aren’t the ones singing the songs. That industry has existed for nearly a century, and in that time, there haven’t been many writers sharper than Loretta Lynn.
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