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Friday, April 30, 2021

Michigan confirms first case of another new COVID variant, this one from India - WDIV ClickOnDetroit

CLINTON COUNTY, Mich. – Michigan has confirmed its first case of another new COVID-19 variant, this one from India.

Chelsea Wuth, from the Michigan Department of Health and Human Services, confirmed the variant -- B.1.617 -- was found in a person in Clinton County.

READ: Whitmer announces Michigan will ease specific COVID restrictions as 4 vaccination goals are reached

The new variant found in India has two mutations in the spiky protein that the virus uses to fasten itself to cells, Dr. Rakesh Mishra told the Associated Press. Mishra is the director of the Centre for Cellular and Molecular Biology, one of the 10 research institutes sequencing the virus.

He said it’s possible the genetic differences might help the virus spread more easily and escape the immune system.

This is the fourth variant of COVID-19 discovered in Michigan. The B117 variant, first identified in the United Kingdom, has been spreading in the state since more than a dozen cases were confirmed in January. The first case of the B.1.351 variant, from South Africa, was identified in March. The first case of the P1 variant, from Brazil, was found in Michigan earlier this month.

MORE: 11 takeaways from Gov. Whitmer’s April 29, 2021, COVID update

Michigan’s overall COVID-19 trends have slowly started to improve over the past two weeks after reaching alarming levels in March and early April.

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Over 90 people found in possible human smuggling case, some with COVID-19 symptoms: Police - ABC News

Some people have fevers and some cannot smell or taste, police said.

More than 90 people were found "huddled together" in a home in Houston in a possible case of human smuggling, the Houston Police Department said Friday.

No one was seriously injured, but Houston Police Assistant Chief Daryn Edwards said, "We are concerned that there may be some positive COVID cases inside the house."

Some people have fevers and some have lost their sense of smell and taste, Edwards said at a news conference.

The health department is headed to the scene to conduct rapid testing, he said.

No children were inside. About five women are in the house and the rest are men, Edwards said. They told police they hadn't eaten in awhile, Edwards said, and they were brought food and water.

Houston police said they were made aware of a kidnapping call Thursday night, and authorities worked through the night to try to find the kidnapping victim's location. Authorities executed a search warrant at a two-story Houston house and determined this was a "human smuggling investigation," Edwards said.

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Chauvin trial aftermath: Dr. David Fowler and the case of the incredible expert | COMMENTARY - Baltimore Sun

Unfortunately, our website is currently unavailable in your country. We are engaged on the issue and committed to looking at options that support our full range of digital offerings to your market. We continue to identify technical compliance solutions that will provide all readers with our award-winning journalism.

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India sets another COVID case record, and Brazil's health minister makes plea for vaccines - MarketWatch

Settlement reached with bank in Kingdom Con case - WCAX

MONTPELIER, Vt. (AP) - The federal receiver overseeing two Vermont ski resorts after their owner was accused of massive fraud involving foreign investors’ money has reached a proposed $1.75 million settlement with People’s United Bank.

The bank was accused of misappropriating investor funds. A final approval hearing is scheduled for July 1. According to a notice from receiver Michael Goldberg, the settlement is between a group of investors that filed a complaint in federal court, the receiver and the bank.

It settles all claims that were and could have been asserted against the bank by the investors and receiver. 

Related Stories:

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High court says lawsuit can proceed for failed oversight in Kingdom Con case

Quiros to withdraw not guilty pleas in Kingdom Con case

Judge rejects effort to move Kingdom Con trial

Leahy: Criminal case in EB-5 scandal ‘very appropriate’

Kingdom Con defendants want trial moved; point to news coverage

Stenger joins Quiros in Kingdom Con venue change request

Mastermind of alleged Kingdom Con wants trial moved

Vermont officials still working with defrauded EB-5 investors

(Copyright 2021 The Associated Press. All rights reserved. This material may not be published, broadcast, rewritten or redistributed without permission.)

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EU Charges Apple With App Store Antitrust Violations in Spotify Case - The Wall Street Journal

Japan luxury cruise halted after COVID-19 case - Reuters

Japan's Nippon Yusen (9101.T) subsidiary NYK Cruises Co said on Friday that its luxury cruise ship "Asuka II" was returning to port after a passenger tested positive for the coronavirus.

The ship's 295 passengers and 425 crew members will reach Yokohama, just south of Tokyo, around Saturday noon, an NYK Cruises spokeswoman said.

All passengers tested negative prior to the cruise, but the company conducted another round of tests at its boarding reception on Thursday, she said.

The infected passenger is stable and recovering in a cabin that has been isolated, NYK said in a statement, adding that only one other person had been in close contact.

The ship had been scheduled to stop at Aomori and Hokkaido prefectures and return to port on May 5.

In February last year, about 3,700 passengers were quarantined aboard the Diamond Princess, a Carnival Corp (CCL.N) cruise liner, for nearly a month, off Japan. More than 700 passengers tested positive and 14 died.

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Coronavirus tally: Global cases of COVID-19 top 150.5 million as India sets another daily case record of 386,452 - MarketWatch

The global tally for the coronavirus-borne illness rose above 150.5 million on Friday, as the death toll climbed above 3.16 million, according to data aggregated by Johns Hopkins University. The U.S. continues to lead the world in cases and deaths by wide margins, with 32.3 million cases, or more than a fifth of the global total, and 575,197 deaths, or almost a fifth of the worldwide toll. India is second to the U.S. by cases at 18.8 million after recording 386,452 new cases in a single day, to break a record it set a day ago, according to the Indian Health Ministry, and 3,498 deaths. The U.S. has sent supplies, including oxygen, PPE and tests, and is planning to send more. The Indian army has opened its hospitals to patients who are struggling to find beds, oxygen and treatments, as Prime Minister Narendra Modi comes under growing criticism for mismanaging the crisis. Brazil is third with 14.6 million cases and second by fatalities at 401.186. Mexico has the third-highest death toll at 216,447 and 2.3 million cases, or 15th highest tally. The U.K. has 4.4 million cases and 127,759 deaths, the fifth-highest in the world and highest in Europe.

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The Case For California: Why Stories About The Golden State's Demise Are Overblown - Forbes

Here are the hard facts about why the Golden State will continue to reign supreme in technology, entertainment, agriculture and other vital industries.


Paying $3,150 a month for a one-bedroom apartment is absurd  — unless you’re living in San Francisco. For computer engineer David Berrios and his wife, it was worth it to live in this 49-square-mile technology paradise by the Bay. From their perch near Mount Olympus in the Corona Heights neighborhood, they could stroll down the hill to Haight-Ashbury or walk to a favorite jiu jitsu studio — or anywhere else in the city, for that matter.

That changed a year ago, when San Francisco became the first major city in the country to lock down in the pandemic. A former NASA computer scientist, Berrios, 40, had moved from the east coast to California because he wanted to be in a challenging environment — the start-up kind of challenging, he says, not the kind in which two people are trapped inside a small apartment with nothing to do. They also wanted to start a family. 

So in November, Berrios and his wife packed their bags and became one of the 80,000 households who left San Francisco in 2020. But they didn’t go to Austin, Miami or Wyoming, as some reports might suggest. In fact, they didn’t leave the state of California. Instead, they bought and settled into a five-bedroom house in Yucca Valley, next to Joshua Tree National Park. “We thought about moving to other states,” Berrios says. “But California just checks all the boxes.” 



GDP Growth

California, with the world’s fifth-largest economy, has topped the U.S. economy for growth in gross domestic product for each of the past 10 years – including the 2020 pandemic year, when California GDP growth contracted less than in the U.S. overall.


Obituaries for the state of California are written every time there’s a downturn. In the past year, the narrative has been that people are fleeing the Golden State because of the pandemic; the taxes are too high, driving companies and billionaires away; wildfires make life in California untenable; and the long reign of the western paradise the Eagles’ Don Henley called “The Last Resort” is at last coming to an end. But data from the U.S. Postal Service and UC Berkeley’s California Policy Lab show that while people during the pandemic have left urban areas, the vast majority of them stayed within the state. Meanwhile, growth in California gross domestic product has outpaced the country’s in each of the past 10 years, including during the pandemic.

The percentage of Californians moving at all, either within the state or out of it, has been steady since the end of 2014 at about 4% each quarter, according to the California Policy Lab. In the third quarter of 2020, statewide residential mobility was actually 9% lower than it was a year earlier. Over time, the number of people leaving California tends to track the number of people entering the state, but that pattern shifted in the fourth quarter of 2020, when 267,000 people (out of a total population of 39.5 million) left the state and only 128,000 entered.


California Shuffle, No Exodus

PEOPLE MAY HAVE LEFT SAN FRANCISCO, BUT MOST STAYED IN THE GOLDEN STATE.

While exits from San Francisco in the Q2 through Q4 of 2020 were 31% higher than during the same period in 2019, there was no pronounced change or evidence of a California exodus. More than three-quarters of San Franciscans who moved in 2020 stayed in the state.



Irrespective of these trends and the Covid-19 pandemic, California continues to lead every other state in employment in tech, biotech, entertainment, manufacturing and more.

“California’s economic development strategy has nothing to do with getting other people to move here,” says Lenny Mendonca, former chief economic and business advisor to California Governor Gavin Newsom. ”It’s about creating the next wave of companies. And I’m not really worried about the innovation engine in California.”


Number of CEOs

California’s entrepreneurial culture ensures that it leads all other U.S. states by a wide margin in total number of chief executive officers.



For the past 80 years, Silicon Valley has powered the economy of the San Francisco Bay Area, attracting a highly-skilled talent pool from top universities and research institutions, providing easy access to venture capital (half of VC dollars in the country go to Bay Area companies), and creating a culture that encourages serendipitous ideas with a high tolerance for failure. “In other places, a failed venture can become this badge of shame that shadows you your entire life,” said Russell Hancock, president of Joint Venture Silicon Valley, a Bay area non-profit organization. “That’s just not the case here.” 

The pandemic hasn’t curbed Silicon Valley’s trajectory, according to data from the annual Silicon Valley Index. Last year was a record one for venture capital, with more than $46 billion invested in 108 companies in the Bay Area. While news of Oracle Corp. and Hewlett Packard Enterprise moving their headquarters out of California grabbed headlines, a quarter of the country’s unicorn companies (at least $1 billion in valuation) and two-thirds of American decacorns (over $10 billion in valuation) are still headquartered in the Bay Area. Last year ended with 24 new Silicon Valley publicly-traded companies. For every late-stage tech company that leaves, many more early-stage startups vie to take its place.


Technology Employment

COMPUTER AND MATHEMATICAL OCCUPATIONS

From artificial intelligence to software services and tech manufacturing, California is the unquestioned global leader in technological innovation.



“The entire southern United States has 17 unicorns. That’s fewer than California created in the first three months of the year,” said Mendonca. “We’re just of different orders of magnitude here. But I hope Miami grows.”

Some tech employees and founders did move from the Bay Area to Southern California, but there appears to be room in that region for two dominant industries. Hollywood and technology companies are increasingly joining forces in Los Angeles, giving birth to an array of streaming services — from Netflix and Apple TV+ to Paramount+, Disney+ and Hulu. “You might make an excellent movie in Des Moines and win an Academy Award, but the bulk of the industry is in construction of content in a short period of time,” said Jerry Nickelsburg, director of the UCLA Anderson Forecast. “And technology is combining with entertainment in a speed where it hasn’t before.” 


Entertainment Jobs

ART, DESIGN, ENTERTAINMENT, SPORTS AND MEDIA OCCUPATIONS

Hollywood is only the start for the Golden State’s wide-ranging arts and entertainment industry. Entertainment and technology are converging in California to deliver streaming and music-sharing services in groundbreaking ways.



Manufacturing, from zero-emission vehicles to aerospace, is another industry in which the Golden State is dominant. California is first in manufacturing output, business and employment. And while Elon Musk personally moved to Texas at the end of 2020 to take advantage of its low-tax environment, the majority of Tesla’s zero emission vehicles are still made in its Fremont factory in Northern California. The mayor of Long Beach in Southern California recently announced that Musk’s Hawthorne-based aerospace company SpaceX is moving into a 6.5-acre facility at the port of Long Beach. 

While remote work arrangements during the pandemic may encourage technology company employees to work from their homes, sometimes in other states, Hancock of Joint Venture Silicon Valley notes that it was California industry that enabled such mobility.  “Don’t forget, we invented these tools to make it possible for remote work, and we intended for them to be used,” he says. “If anything, it just makes Silicon Valley more compelling because we’re making it possible to reconfigure your life.”


Agricultural Employment

FARMING, FISHING AND FORESTRY OCCUPATIONS

California exports more dairy products, fruits and nuts than any other state, and overwhelmingly leads in number of agricultural jobs.



To be sure, California doesn’t bestow its bounty equally. Income disparity in the state is growing, and the poor have suffered disproportionately during the pandemic. While tech sector employment in Silicon Valley rose two percent from the start of 2020 to the end of June, the region overall lost more than 151,000 jobs, with the losses concentrated in lower-income occupations, according to Joint Venture Silicon Valley. Black and Hispanic workers filed initial unemployment insurance claims at rates 1.5 to times higher than white workers, according to the Silicon Valley Index. Throughout the state, families at the top of income distribution have 12.3 times the income of families at the bottom as of January 2020, according to the nonpartisan Public Policy Institute of California.



Energy, Mining and Construction Jobs

DRILLERS, CONSTRUCTION TRADES AND EXTRACTION WORKERS

California leads even energy hub Texas in total number of jobs related to energy, mining and construction. It also leads in clean tech, with the world’s largest renewable energy power plants and more venture capital investment in green energy than any other state.



A chronic housing shortage worsened during the pandemic, according to online real estate marketplace website Zillow, which estimates that home prices in California have gone up 11.2% in the past year. By one estimate, the average California home costs more than seven times what the average Californian household makes. Growing concerns about paychecks that don’t cover basic costs of living likely helped stoke democratic socialist Senator Bernie Sanders’ insurgent victory in California last year, as Joe Biden won most other primaries on Super Tuesday. 

Despite these factors, California remains the top state in the country for job-creating industries of all kinds.


Manufacturing Employment

PRODUCTION OCCUPATIONS

California is the number-one state for both manufacturing output and manufacturing jobs, with more than 35,000 such companies headquartered in the state. This spans industries from aerospace to electronics and zero-emission vehicles.



“I hope every region of the country will think about how they can create a more robust innovation system,” Mendonca says. “I’m not saying they should try and replicate us, but instead create a system that’s unique to them.”

As Don Henley said, you can check out any time you like, but you can never leave.

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Thursday, April 29, 2021

Taylor Porter asks judge to dismiss LSU associate AD's RICO case against firm - Greater Baton Rouge Business Report

Taylor Porter is asking a federal judge to toss the claims against it made in a civil RICO and Title IX lawsuit filed earlier this month against the firm and LSU by Associate Athletic Director Sharon Lewis.

In its motion to dismiss, filed earlier today in U.S. District Court for the Middle District of Louisiana, attorneys for Taylor Porter call Lewis’ claims “patently frivolous” and describe them as a “transparent, opportunistic effort to capitalize on the recent media coverage surrounding the Husch Blackwell report for her personal gain.”

The Husch Blackwell report, released March 5, has created a firestorm of controversy at LSU and beyond by highlighting the university’s mishandling of complaints of sexual violence and misconduct under the federal Title IX statute. Those include details of Taylor Porter’s 2013 investigation into allegations of sexual harassment against former head football coach Les Miles.

The allegations, by two then-student workers, were kept under wraps for more than seven years.

In her lawsuit, Lewis alleges LSU retaliated against her at the expense of her professional advancement after she raised concerns about its handling of Title IX complaints. Her suit charges that the retaliation rises to the level of a RICO violation, and is, itself, a Title IX violation.

But in today’s court filings, attorneys for Taylor Porter say even putting aside that “much of the Husch Blackwell report is inaccurate and that much of the sensational media attention has been misguided,” the suit should be seen as “an employer retaliation case against LSU … not a RICO case or a Title IX case against the Taylor Porter defendants.”

The federal RICO statute is typically used to prosecute large criminal enterprises or those who have engaged in a pattern of racketeering activity.
“Lewis’ unsupported claim that LSU and the Taylor Porter defendants undertook an elaborate, multiyear scheme to defraud her is not plausible. … The allegation that Taylor Porter committed a RICO violation against Lewis by representing LSU in 2013 in an internal investigation … is even less plausible,” court documents say. 

The motion also challenges Lewis’ claims that she was discriminated against under Title IX, noting that “there is no cause of action available to her for alleged employment discrimination or hostile work enviornment on the basis of race or gender under Title IX.”

Lewis, whose job duties put her in charge of football recruiting and alumni relations, named the LSU Board of Supervisors, the board’s athletics committee and several current and former LSU administrators in her suit, as well as Taylor Porter.

She is seeking damages of more than $50 million.

Taylor Porter is represented in the case by Walters, Papillon, Thomas, Cullens and also Jones Walker.

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Ohio COVID-19 maps: Statewide case rate falls again, but still not enough to end mask mandate - Akron Beacon Journal

Coronavirus case average declines for 11th straight reported day on Thursday, April 29 - MLive.com

Michigan reported 3,623 new coronavirus cases and 101 additional deaths on Thursday, April 29.

The deaths include 78 that occurred prior to the last 24 hours and were identified by the state health department during a vital records review. These reviews happen three times per week.

The state is averaging 3,989 new COVID-19 cases per day and 62 new deaths per day over the last week. This is the 11th straight day where the seven-day case average decreased and is the first time the average has been under 4,000 since March 27.

Since the start of the pandemic, there have been 837,514 reported coronavirus cases and 17,576 deaths.

Additionally, the state has reported 95.090 probable cases and 1,141 probable deaths, in which a physician and/or antigen test ruled it COVID-19 but no confirmatory PCR test was done.

(The above chart shows Michigan’s 7-day rolling average of new confirmed coronavirus cases. You can put your cursor over a bar to see the number.)

Seventy-five of Michigan’s 83 counties reported new cases on Thursday. Wayne County led in new cases with 666, with the next closest being Oakland with 370.

Other top reporting counties included Macomb with 305, Kent with 292, Genesee with 143, Muskegon with 129, Ottawa with 96, Saginaw with 93, Kalamazoo with 68 and Ingham with 65.

Thirty counties reported new deaths led by Macomb with 31 and Wayne County with 25. The next leading counties for new deaths is nine for Oakland, six in Genesee, four in Saginaw, three in Allegan and two each for Kent, Kalamazoo, Ingham, Jackson, St. Clair, Lapeer and Wexford.

The following counties reported one death each: Ottawa, Livingston, Washtenaw, Berrien, Montcalm, Monroe, Isabella, Van Buren, Gladwin, Cass, Hillsdale, Osceola, Baraga, Mackinac, Dickinson, Alcona and Charlevoix.

(The above chart shows Michigan’s 7-day rolling average of deaths involving confirmed coronavirus cases. You can put your cursor over a bar to see the number.)

Hospitals statewide were treating 3,392 patients with confirmed or suspected cases of COVID-19 on Wednesday, including 54 children and 852 total patients in the ICU. The totals are a slight dip from 3,976 hospitalizations last Thursday, April 22, when 895 were ICU patients.

Of the 49,751 diagnostic tests processed on Wednesday, 10.4% came back positive for SARS-CoV-2. The average positivity rate over the last seven days is 11.4%.

Case reporting

First is a chart showing new cases reported to the state each day for the past 30 days. This is based on when a confirmed coronavirus test is reported to the state, which means the patient first became sick days before.

You can call up a chart for any county, and you can put your cursor over a bar to see the date and number of cases.

(In a few instances, a county reported a negative number (decline) in daily new cases, following a retroactive reclassification by the Michigan Department of Health and Human Services. In those instances, we subtracted cases from the prior date and put 0 in the reported date.)

The next chart below shows new cases for the past 30 days based on onset of symptoms. In this chart, numbers for the most recent days are incomplete because of the lag time between people getting sick and getting a confirmed coronavirus test result, which can take up to a week or more.

You can call up a chart for any county, and you can put your cursor over a bar to see the date and number of cases.

For more statewide data, visit MLive’s coronavirus data page, here.

To find a testing site near you, check out the state’s online test finder, here, send an email to COVID19@michigan.gov, or call 888-535-6136 between 8 a.m. and 5 p.m. on weekdays.

Read more from MLive:

Michigan coronavirus data for Wednesday, April 28: Newest COVID hotspot is West Michigan

‘They don’t care’: Blue Cross bashed for making union employees work in person, skirting COVID-19 rules

Tigers star Miguel Cabrera signs on to promote COVID-19 vaccination efforts

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Software company SAP to pay $8 mln to resolve case involving exports to Iran - Reuters

The logo of German software group SAP is pictured at its headquarters in Walldorf, Germany, May 12, 2016. REUTERS/Ralph Orlowski

German software maker SAP SE (SAPG.DE) will pay $8 million in penalties as part of a settlement with the United States to resolve allegations that it violated federal law by exporting some of its software products to Iran, the Justice Department said on Thursday.

As part of the pact with the U.S. Justice, Treasury and Commerce departments, federal prosecutors also agreed not to pursue criminal charges against the company.

The case against SAP marks the first time a company has taken advantage of a Justice Department policy that gives companies a path to avoid prosecution for unlawfully exporting goods to sanctioned countries, businesses or individuals by self-reporting them to the U.S. government.

In order to win credit for cooperation, the company must report the alleged misconduct "prior to an imminent threat of disclosure or government investigation" and disclose "all relevant facts," including the identities of any individuals responsible for the crimes.

The Justice Department said SAP cooperated and has already taken steps to remediate the problems.

According to prosecutors, the company engaged in thousands of illegal exports of software over at least seven years.

“SAP will suffer the penalties for its violations of the

Iran sanctions, but these would have been far worse had they not disclosed, cooperated, and remediated. We hope that other businesses, software or otherwise, we heed this lesson," said John Demers, the Assistant Attorney General for the National Security Division.

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What a Difference a Year Makes in Colorado’s Case for a Public Option Plan - Kaiser Health News

DENVER — Before the pandemic, Colorado looked set to become the second state to pass what’s known as a “public option” health insurance plan, which would have forced hospitals that lawmakers said were raking in obscene profits to accept lower payments. But when covid-19 struck, legislators hit pause.

Now, after a year of much public lionizing of doctors and other health professionals on the front lines of the covid fight, it’s a lot harder to make the case hospitals are fleecing patients.

“It is much more difficult now that we have this narrative of the health care heroes,” said Sarah McAfee, director of communications for the Center for Health Progress, a Denver-based health advocacy organization that pushed for the public option. “Part of this is separating the two: The people who are providing the health care are not the same as the corporations who are focused on the bottom line.”

Colorado legislators had tried to walk a tightrope, targeting their criticism toward the business side of the industry while continuing to praise front-line health workers and trying to get buy-in from all sides. But on Monday, Democratic legislators said they’d made a deal with the health industry to scrap the public option and instead mandate lower premiums for those buying coverage on the individual or small-group markets. The bill still must be approved.

Colorado’s compromise highlights the political tap dance likely to play out across the country as the pandemic changes the political discussion on health care costs. With states including Connecticut, Nevada and Oregon also considering public option plans this year, Colorado’s example may be a sign that major health care upheavals will be delayed for at least another year as hospitals, providers and insurers unite and push back together.

“Nationally, there’s little appetite to pursue policies that would potentially cut revenues for hospitals and other providers,” said Sabrina Corlette, research professor and co-director of the Center on Health Insurance Reforms at Georgetown University. “It’s very hard to do when the public sees these providers as true heroes.”

At the start of this year’s legislative session, Colorado Democrats had proposed giving the health industry four years to reduce health insurance premiums by 20%. Failure to meet that target would have triggered a state-designed public option plan in 2025 that would likely undercut the cost of private insurance plans. Proponents argued that as a nonprofit-run plan without the need for hefty spending for administration, marketing and profit, it could pass on significant savings to consumers. To lower premiums, insurers would have to pressure providers into taking lower payments for their services.

Instead, under the deal reached with the health industry this week, insurance plans would commit to reducing premiums by 18% over three years. If they fail to do so, insurers would have to justify their premiums and state officials would get some say over provider payment rates. Those rates would not dip below 165% of Medicare rates for hospitals, or 135% for other health providers. Hospitals had been pushing for a floor of 200% of Medicare, and physician groups are still negotiating with the bill sponsors to increase their minimum rates.

The state would design a standardized benefit plan that would limit the insurance companies’ ability to skimp on benefits or increase cost sharing to make up for the drop in premiums.

Democratic Rep. Dylan Roberts, the legislation’s lead sponsor, said the compromise would offer significant cost reductions for Coloradans, a benefit that was ultimately more important to him than how those savings were achieved.

“Health care access is the No. 1 thing I hear from my constituents,” Roberts said. “Do they care whether their health insurance product is coming from a public entity or a private insurance company? I don’t think they care as much about that as whether it’s affordable.”

But some disconnect may be occurring between what people say they want and the political will at the Statehouse to take on the unified health care industry. According to a November poll by Healthier Colorado, 66% of Coloradans supported the public option plan, including 78% of Blacks and 76% of Hispanics. That’s virtually unchanged from polling done before the pandemic and after a hefty advertising campaign against the legislation.

Kyle Piccola, spokesperson for the advocacy group, said polling in some of the more rural, conservative districts showed 57% to 66% support. About 40% of those identifying themselves as Republicans supported the bill as it was.

“This data point,” he said, “is really showing that everybody, regardless of who you are, is really feeling the high cost of care.”

Democrats have the votes to push just about any bill through the House and Senate on their own, and Democratic Gov. Jared Polis had supported a public option after campaigning on the issue. But Joe Hanel, spokesperson for the nonpartisan Colorado Health Institute that analyzes health policy, said the sponsors likely courted industry and Republican support to avoid having opponents undermine the effort for years to come, as happened on the federal level with the Affordable Care Act.

“It just really seems like they just want buy-in to make this be more durable, and not be a lightning rod, not have millions of dollars of ads out there against them for years, like they are right now,” Hanel said.

Industry groups had opposed last year’s bill and the initial proposal this session. National groups ran a campaign with TV ads and mailers warning consumers a public option would put hospitals out of business. With the compromise, Colorado hospital, insurance and other provider associations have withdrawn their opposition.

Still, the new proposal passed its first test along a strict party-line vote in a House committee on Tuesday, as the pandemic loomed heavily over the debate. Republicans argued health care is dramatically different now than when a 2019 actuarial analysis suggested hospitals could easily absorb lower payment rates.

“And nothing has changed in the medical world since 2019?” Republican Rep. Hugh McKean asked the sponsors, tongue in cheek. “There hasn’t been any big stuff that we’re still in the middle of?”

Hospitals have also taken every opportunity to remind legislators of their role in battling the challenges of the past year.

“These are the very same hospitals who supported Colorado at every turn during the covid-19 pandemic. They were and continue to be there for their communities,” said Chris Tholen, president and CEO of the Colorado Hospital Association. “It is critical that we carefully implement this legislation and monitor it to be sure that hospitals can continue to be vital resources for their communities.”

An analysis done on behalf of the Colorado Business Group on Health found that Colorado hospitals averaged a 15.6% profit margin in 2018, beating out Utah and California for the highest margins in the country. While financial data for 2020 has not yet been released, Roberts said, many of the larger hospital systems did well amid the pandemic. They also benefited from millions in federal relief money. The bill would provide additional support for many of the smaller or rural hospitals that have struggled.

Those provisions were not enough to assuage Republicans.

“If we want to have good health care providers in Colorado, we can’t cut their funds while they are recovering from covid,” said Colorado GOP chairperson Kristi Burton Brown. “This bill completely disregards our health care workers and our health care facilities. At a time when we should be ensuring they can operate in Colorado, the Democrats are working to shut them down.”

Colorado has been aggressive on health care policy in recent years, pushing through measures aimed at reducing health care costs for its residents. Proponents of the public option bill have played up the example of the Peak Health Alliance, in which communities in seven counties in western Colorado negotiated price concessions from hospitals, lowering premiums by 20% to 40%.

Tamara Pogue, a Summit County commissioner and former CEO of the alliance, said she saw similarities between the bill’s approach and the Peak Health model. “It’s creating incentives for the industry and the communities to work together,” she said.

The Peak Health example helps to fend off criticisms that cutting costs would close hospitals and reduce access.

“We don’t even have to entertain hypotheticals,” Roberts said. “We have a real-world example there.”

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Romania detects first case of a coronavirus variant found in India - Reuters India

Romania has reported its first case of a coronavirus variant first identified in India, the health ministry said on Thursday.

The case was diagnosed in a 26-year-old patient who arrived in Romania roughly a month ago and presented light symptoms.

The ministry said its national public health institute said the identified mutation was not the more infectious one believed to have generated the sharp rise in cases in India.

Separately, the ministry was monitoring an outbreak of coronavirus cases among construction workers recently arrived from India in a village in Brasov county, it said.

The European Union state reported 1,850 new COVID-19 cases on Thursday, bringing its total to 1.05 million cases and 27,971 deaths.

Our Standards: The Thomson Reuters Trust Principles.

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Wednesday, April 28, 2021

'Frightened to Death': Cheerleader Speech Case Gives Supreme Court Pause - NPR

Brandi Levy wears her former cheerleading outfit as she looks at her mobile phone while sitting outside Mahanoy Area High School in Mahanoy City, Pa., on April 4. Danna Singer/ACLU / AP

Danna Singer/ACLU / AP

Facing its biggest student speech case in a half century, the Supreme Court seemed to be looking for a narrow exit door on Wednesday.

At issue was whether schools may punish students for speech that occurs online and off campus but may affect school order.

The case has been billed as the most important student speech case since 1969. That landmark ruling came at the height of the Vietnam War. Mary Beth Tinker and four other students went to court after they were suspended for wearing black armbands to school to protest the war.

By a vote of 7-to-2 the high court ruled at the time for the first time that kids do have First Amendment free speech rights at school, unless school officials reasonably forecast it will cause disruptions.

Wednesday's case did not involve such serious speech. It was brought by Brandi Levy, a 14-year-old high school cheerleader, who failed to win a promotion from the junior varsity cheer team to the varsity.

"I was really upset and frustrated at everything," Levy explained in an NPR interview. So, that weekend, she posted a photo of herself and a friend flipping the bird to the camera, with the caption "F*** school F*** softball, F*** cheer, F*** everything."

Brandi's post hit school like a small town, social media bomb; the school deemed the post disruptive to cheerleader morale and suspended her from the team for the rest of the year. The ACLU took her case to court, claiming that her free speech rights had been violated. And on Wednesday, the Supreme Court faced a question that did not exist in 1969: Can schools punish students for their online but off campus speech?

Justice Stephen Breyer got to the heart of the matter quickly, wondering whether online swearing off-campus should even qualify for school punishment. "If swearing off-campus did [qualify], my goodness, every school in the country would be doing nothing but punishing." he said.

Justice Sonia Sotomayor chimed in. "I'm told by my law clerks that ... among a certain large percentage of the population, how much you curse is a badge of honor," she said. "Kids basically talk to classmates, most of their exchanges have to do with their perceptions of the authoritarian nature of their teachers and others."

Justice Brett Kavanaugh, who coaches his daughters' sports teams, seemed to understand Brandi's frustration, acknowledging that even NBA legend Michael Jordan had sore feelings 30 years after not making the varsity team in high school. As to this case, said Kavanaugh, "It didn't seem like the punishment was tailored to the offense. But how does that fit into the First Amendment Doctrine? or does it at all?"

The argument illustrated just how hard that question is. Siding with the Mahanoy school district in the case, the Justice Department argued that schools could regulate off-campus speech only if it is related to school matters and could cause a "substantial disruption."

"That means really everything that mentions a school at all is school speech, right?" asked a skeptical Justice Elena Kagan. Deputy Solicitor General Malcolm Stewart tried to offer a nuanced distinction, but Kagan was having none of it. Cutting right to the question of which speech is punishable, she asked, "Can I give you a few hypotheticals, and you just tell me school speech or not school speech?"

"The student e-mails his classmates the answer to the geometry homework every day after school?"

"Student emails his classmates that they should all skip school tomorrow for an impromptu senior skip day?"

"Student emails that they should refuse to do any work for English class until the teacher changes the syllabus to include more authors of color?"

"Student tweets that there's pervasive homophobia at his school and that prospective gay students should stay away?"

Each of these, conceded Stewart, would be considered school speech under the standard proposed by the Justice Department. In other words, all of these messages sent from off-campus might well be punishable school speech.

But the ACLU's David Cole, representing Brandi Levy, said that once schools can discipline students for off campus speech, that would dramatically expand the disciplinary reach of schools set out by the court in the Tinker case in 1969.

"Expanding Tinker would transform a limited exception into a 24/7 rule that would upend the First Amendment's bedrock principle," argued Cole, "and would require students to effectively carry the schoolhouse on their backs in terms of speech rights everywhere they go."

But, the justices wanted to know, what about cases of harassment and bullying? After all some 47 states require enforcement of anti-bullying laws.

Justice Kagan posited an off campus website set up by high school boys to rank their female classmates appearance and sexual availability. All of the justices probed repeatedly for workable standard to adopt — a rule that would guide schools as to how to handle these tricky questions.

The ACLU's Cole said student speech should be protected online. "Outside of school, the priority is not to give the school discretion to regulate kids' speech," he said.

But the school district's lawyer, Lisa Blatt said that standard would be a "nightmare." It would, she said, mean "open season" on schools and produce "chaos" in the lower courts. "I guarantee you...the courts are gonna freak out," she said.

But from conservative to liberal, the justices were looking to do as little damage as possible. Admitted Justice Breyer, "I'm frightened to death of writing a standard."

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Google data case to be heard in Supreme Court - BBC News

Supreme Court building
Getty Images

A landmark case alleging Google illegally tracked millions of iPhone users is set for the Supreme Court.

The case will not be about the claim itself but whether the complainant Richard Lloyd - the former director of consumer rights group Which? - can bring it on behalf of those affected.

Two days of arguments will be heard, although a judgement is not expected for weeks.

If the case is allowed to go ahead, many others are likely to follow.

Mr Lloyd alleged that between 2011 and 2012 Google cookies collected data on health, race, ethnicity, sexuality and finance through Apple's Safari web browser, even when users had chosen a "do not track" privacy setting.

The case aimed to get compensation for the 4.4 million affected users.

Legal precedent

iPhone
Alamy

It was the first-of-its-kind case in the UK. Although class actions - where one person brings a case on behalf of many - are common in the US, in the UK they can only be brought on an opt-in basis, meaning all those involved have to give their consent.

So, for instance, a long-running case over a British Airways data breach is still at the stage of gathering interested parties.

The Google case is a test of whether just one individual can bring such an action without having to have people actively opt in, which should speed up such legal actions.

A similar case against TikTok, was launched recently by the former children's commissioner on behalf of millions of youngsters in the EU and the UK. It can only proceed if the judgement in the Google case goes in favour of such class actions.

The Google case

Initially, the Google case was dismissed by the High Court, which ruled it was difficult to calculate how many people had been affected or whether they had suffered damage as a result of the breach.

But the Court of Appeal later ruled that the case Mr Lloyd was bringing was a suitable way for people to seek mass redress for data breaches.

Google appealed against that decision and the case has now reached the Supreme Court, where TechUK is one of several groups hoping to get it dismissed.

The group, which represents Google among others, argues that it could open the floodgates for mass litigations and seriously damage small firms who could face large penalties.

"This massively raises the liability for people providing data-driven services in the UK, which is most of the digital economy," said Antony Walker, TechUK's deputy chief executive.

Claimant Richard Lloyd said he hoped the case "could establish a form of fair redress for data misuse that doesn't currently exist in this country".

"It is about giving millions of consumers access to justice when their rights are abused by global tech giants."

Julian Copeman, partner at law firm Herbert Smith Freehills, told the BBC the case could go either way.

"There are two ways of looking at this: would allowing opt-out class actions for data claims increase access to justice, allowing companies to be held to account for what they do with their clients' data?

"Or would this simply benefit the funders and claimant law firms, while damaging business and clogging up the court system, with affected individuals only receiving nominal amounts at the end of the case?"

If the case goes ahead it could mean businesses dealing in data stand to lose a lot of money, Mr Copeman added.

"Although the amount per head that claims may win would probably only be small sums of money for each individual, given the number of claimants represented, even a small amount per head will add up to huge sums. This represents a serious problem for businesses, however large they are."

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3 men charged with hate crimes in Ahmaud Arbery case - 13WMAZ.com

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Supreme Court grapples with free speech case involving student’s Snapchat outburst - POLITICO

The Supreme Court’s first big student free-speech case of the internet era appeared to divide the justices on Wednesday about whether to issue a sweeping ruling bringing First Amendment law for schools into the social media age or settle for a much more modest decision.

The case, framed as a test of school officials’ power to regulate student speech on the web, stems from a profane but mundane lament on Snapchat by a Pennsylvania ninth-grader, Brandi Levy, about being denied a spot on the varsity cheerleading squad.

“F--- school, f----softball, f--- cheer, f---everything,” Levy wrote in her 2017 message, which prompted a one-year suspension from the cheerleading program.

The arguments over Levy’s case seemed to scramble some of the court’s usual ideological lines on speech issues, as liberal justices who often favor robust free-speech rights questioned whether limiting the authority of school officials to speech physically taking place on their campuses or at official events could undercut efforts to rein in bullying and harassment.

The chief proponent on the court for a broad decision grappling with student free-speech rights appeared to be Justice Samuel Alito, who as an appeals court judge two decades ago issued an influential ruling warning that some school anti-harassment rules unconstitutionally intrude on free expression.

A lawyer for the Pennsylvania school district, Lisa Blatt, told the justices that officials needed to have authority to police online speech directed at the school just as they do with on-campus speech.

“The speaker’s location is irrelevant,” Blatt insisted. “When it comes to the internet, things like time and geography are meaningless. … The fact she said it at the Cocoa Hut shouldn’t matter to the analysis.”

But Alito said deciding what statements are about a school amid the torrent of daily social-media posts about friends, sports, politics and social issues is no easy task.

“What troubles me is what you’ve just proposed is a very nebulous line,” said the conservative justice, who was appointed by President George W. Bush. “I’m quite concerned about the effects of this on freedom of speech. … I have no idea what it means to ‘target the school.’”

Justice Stephen Breyer said the case was ill-suited to making far-reaching generalizations about free speech, and he suggested it was unwise to use it as a vehicle to do so.

“I can’t write a treatise on the First Amendment in this case,” the liberal appointee of President Bill Clinton said. “Everyone seems to want some rule.”

Breyer did scoff at the idea that schools should be trying to punish bad language uttered outside of school.

“She used swear words, unattractive swear words, off-campus,” Breyer declared. “Mmmmh, my goodness, if swearing off campus [is forbidden] every school in the country will be doing nothing but punishing” that.

Justice Brett Kavanaugh seconded Breyer’s view that the case was a poor one to try to set a bright-line rule for student speech.

“This is not the occasion for the court to try to decide how the close cases involving in school speech ought to be dealt with,” said the appointee of President Donald Trump, asking at one point whether writing a detailed opinion in the case was “worth the candle.”

Still, when it came to the facts of Levy’s case and her punishment, Kavanaugh was, hands-down, the most anguished member of the court. The justice, who is an ardent sports fan and has served for years as coach of a middle-school girls basketball team, seemed outraged at the decision to kick Levy out of cheerleading for a year for venting about the kind of team-roster decision that can indeed seem earth-shattering to a high school kid.

“It’s so important to their lives,” Kavanaugh said. “Coaches sweat the cuts, and it guts coaches to have to cut kids who are on the bubble. … A year suspension just seems excessive to me.”

Kavanaugh noted that when basketball great Michael Jordan was inducted to the Hall of Fame, he still got upset as he described being cut from a high school team three-decades earlier. While the justice couldn’t help but share his feelings, venting again later in the session that “a year seems like a lot,” he eventually seemed to concede that the proportionality of the punishment really wasn’t an issue before the court.

“I obviously think it’s unfortunate this spiraled this case the way it did,” Kavanaugh added. “I completely understand the young woman’s reaction to being upset with the decision.”

Alito seemed perturbed by his colleagues’ reluctance to embrace the case as a chance to opine broadly on students’ free speech rights. He suggested disdainfully that if the court wanted to dispose of the case “without deciding those tough issues,” it should just dismiss the case without issuing any ruling. That wouldn’t set a national precedent, but would leave in place an appeals court decision saying the Mahanoy Area School District had no authority to police Levy’s speech outside the school or its programs.

Alito said that despite Levy’s “colorful language,” her Snapchat post amounted to no more than saying: “I hate the school. I have no respect for the school.”

Levy’s attorney, David Cole of the American Civil Liberties Union, warned the justices that rules the court established a half-century ago allowing limits on on-campus speech should not be extended to the internet and the vast array of social media platforms that young people now use with gusto.

“That’s where kids speak,” Cole said. Putting online speech under school control means “kids won’t have free speech, period,” he added. “They will essentially be carrying the schoolhouse with them wherever they go.”

Blatt attempted to address conservative justices’ concerns by declaring that out-of-school comments by students on political or religious topics should not be subject to any regulation by school authorities, but that concession didn’t seem to be very satisfactory to any of the justices.

Several justices said those kinds of statements could produce as much, if not more, disruption on campus as airing grievances against teachers or other students. Justice Clarence Thomas challenged that carve-out by invoking several polarizing topics of the day, including Black Lives Matter, Antifa and even the Proud Boys — a right-wing group involved in the Jan. 6 Capitol riot.

“People can take sides on that that are just as disruptive in the school setting as comments about Ms. Johnson,” said Thomas, who was appointed by President George H.W. Bush and is the longest-serving justice on the current court.

One surprising aspect of Wednesday’s arguments was the absence of discussion about how the ongoing pandemic has further blurred the lines about what is considered on- or off-campus conduct. Many students haven’t set foot on a campus for more than a year, while others spend part of the week in online classes and part in a traditional classroom.

A decision in the case is expected by the time the justices leave town for their summer recess in late June or early July.

Bianca Quilantan contributed to this report.

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