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A wrongful death lawsuit has been filed against the NBA in the death of Zeke Upshaw, who collapsed and died suddenly during the final minutes of a March 24 game.Attorneys Ben Crump and Bob Hillard filed the lawsuit on behalf of Upshaw's mother, Jewel at the United States District Court for the Southern District of New York on Wednesday. The lawsuit stems from a March 24 game where Upshaw, who played for the Detroit Pistons' developmental league affiliate Grand Rapids Drive, collapsed and entered full cardiac arrest. According to the lawsuit, for over five minutes, no life-saving measure was taken to address Upshaw's condition. Upshaw, who was 26 years old at the time, was then kept on life support for two days and then died. "When the otherwise healthy heart of a professional NBA athlete suddenly stops during a game there is absolutely no reason, in 2018, that his heart cannot be immediately restarted," Hillard said. "No attempts were made to save Zeke Upshaw's life. No CPR, no defibrillation, nothing. This is the tragedy of this case, Zeke should be alive today, the human consequences are difficult to quantify."Changes must come to the NBA and we are bringing the lawsuit to cause those changes. No other young man should have to die on a basketball court again," he added.According to a release, the lawsuit is filed against the NBA, the Detroit Pistons and SSJ Group (team owners), and the owners of the Grand Rapids Drive and the Deltaplex arena.   1543

About 40,000 workers in the airline industry are facing layoffs on Thursday unless Congress comes up with another aid package. Many are worried about how they'll pay for rents, mortgages and food, or for health insurance. A clause in the billion aid package to airlines at the beginning of the coronavirus pandemic prevented them from laying off workers. But that clause expires on Thursday. Some workers are holding out hope that another agreement can still be reached. Congress has been considering a second round of airline aid for weeks, but it’s hung up in the debate over a larger national relief package. 623

ADAMS COUNTY, Colo. – Scott Allen Ostrem, the man accused of shooting and killing three people at a Thornton Walmart last week, faces six counts of first-degree murder, 30 counts of attempted first-degree murder and a sentencing enhancer if he’s convicted for the shooting.Ostrem, 47, learned his formal charges at a Monday afternoon hearing in Adams County.Prosecutors charged him with two different counts of first-degree murder for each person he is accused of killing. Three of the counts are first-degree murder after deliberation, while the other three are first-degree murder with extreme indifference.He also faces one count of attempted first-degree murder with extreme indifference for 30 other people who were in the store at the time.The final count against Ostrem is a crime-of-violence sentence enhancer that would apply to the attempted murder charges, District Attorney Dave Young said in court on Monday.Should he be convicted of any of those charges, the sentence enhancer would double any prison and parole time Ostrem faces for each count – from between 8 and 24 years in prison, to between 16 and 48 years in prison for each.The first-degree murder charges are all class 1 felonies in Colorado, meaning Ostrem will face with life in prison without the possibility of parole or the death penalty if he’s convicted on any of those counts.Colorado hasn’t executed anyone since 1997, though three inmates remain on death row. Gov. John Hickenlooper has pledged to not execute anyone while he’s in office, but the state will elect a new governor next November.Should Ostrem face and be convicted of a class 1 felony, like first-degree murder, a separate sentencing hearing would be held to determine if prosecutors would seek the death penalty or not – unless he’s deemed mentally incompetent to be executed.Young told Denver7 Monday it was too early to determine if he'd seek the death penalty, but said he'd consult with the victims' families before making a decision. He also added that other charges are still on the table, but that further investigation was needed before any further charges are filed.Ostrem wore a white-and-yellow striped Adams County Jail jumpsuit in court on Monday. His public defender had a request to redact the victim’s names from the criminal complaint granted by the judge. He said nothing other than replying “yes” to the judge when asked if he understood his charges and the proceedings.The judge also set the preliminary hearing and bond hearing in the case for Feb. 5. A motion by Ostrem’s public defender to seal the jail visitation records was not immediately granted, however. The judge gave District Attorney Dave Young 21 days to respond to the motion.Ostrem's sister called The Denver Post after allegedly receiving death threats about her brother, and told them he'd heard voices in his head for years after an LSD trip.“My brother is not this monster. … He is not cold blooded. He hears these voices. Honestly, in my heart, I believe there is only so much a person can take,” Ostrem's sister, Michelle Willoughby, told The Post. “I never thought something like this would happen.”Law enforcement officials told Denver7 last week they were looking into Ostrem's mental health history.Police arrested Ostrem near 72nd Ave. and Federal Thursday morning more than 12 hours after the shooting occurred. An anonymous citizen tip alerted authorities to his presence in the area, police said, though FBI agents also spotted him in the area. Ostrem was arrested just a few blocks from his apartment.The coroner for Adams and Broomfield counties on Thursday identified the three killed in the shooting as 52-year-old Pamela Marques of Denver, 66-year-old Carlos Moreno of Thornton, and 26-year-old Victor Vasquez of Denver.Moreno's family members were again in court Monday, as some of them were Friday. One told Denver7 outside of court that Moreno had gone to the store with his teenage niece that night, and that the two had briefly split up to look for different things when the shooting happened.Ostrem had a history of run-ins with the police—most recently a driving while ability impaired conviction in Wheat Ridge in 2014. Neighbors said he was “weird” and kept to himself. Another neighbor told Denver7 Ostrem came off as rude and unapproachable.“He was on the edge, not friendly, wouldn’t talk to anybody,” said neighbor Teresa Muniz. “You didn’t dare talk to him, because he always looked mad.”Ostrem walked off his roofing job Wednesday morning in Frederick, the company confirmed, but was otherwise a “good worker,” fellow employees said. He also had several failed businesses, and declared bankruptcy in September 2015.The judge stipulated that Ostrem be held without bond pending the preliminary hearing. The affidavit in the case remained sealed pending redactions, which are expected to be made by the end of day Monday. 4925

After America reached the grim milestone of more than 10 million positive coronavirus cases in just 10 months, healthcare systems in multiple areas around the country are warning their hospital bed capacity is nearing or at 100 percent full.In North Dakota, the governor said this week their hospitals have reached their limit, and depending how the next few weeks go, facilities could be pushed past their capabilities.He issued an urgent plea asking residents to take steps to slow the spread of the coronavirus. He also amended a state order to allow asymptomatic health care workers who test positive for COVID-19 to continue working in COVID-19 units of a healthcare facility.“Our hospitals are under enormous pressure now,” Governor Doug Burgum said. “We can see the future two, three weeks out, and we know that we have severe constraints.”Bergum is asking that businesses and events or gatherings be reduced to 25 percent or a max of 50 people, and said face coverings should be required. However, he did not issue a statewide mask mandate.In Iowa, UnityPoint Health Des Moines, which runs four hospitals in the capital city, says they are at capacity and all their beds are full.Polk County, where Des Moines is located, saw the most new hospitalizations on one day Monday, with 191 new coronavirus patients.The county has issued a “plea to our community to please help in our fight against COVID-19.” They say they are “facing bed shortages and staffing shortages,” and ask people to wear a mask, wash hands, and practice social distancing so the healthcare system does not become overwhelmed.On Monday, the Iowa Health Department said there were more than 1,100 people hospitalized in the state with coronavirus. Iowa has a total of about 2,800 inpatient hospital beds available, with 382 of them in intensive care units spread around the state.Hospitalizations around the country have nearly doubled since late September. Tuesday morning, roughly 59,000 Americans were in the hospital because of the coronavirus.Health experts are worried about the recent spike in coronavirus cases. They are widespread across the country, and not focused on a handful of “epicenters” like there were earlier this spring and summer.This means resources like staff and equipment cannot be shuffled around to the places that need it, because everywhere is overwhelmed. 2370

Alabama Republican Senate candidate Roy Moore says he will sue the Washington Post over its report alleging he pursued sexual relationships with teenagers -- including a 14-year-old -- when he was in his 30s."The Washington Post published another attack on my character and reputation because they are desperate to stop my political campaign. These attacks said I was with a minor child and are false and untrue -- and for which they will be sued," Moore said Sunday night during a campaign speech in Huntsville, Alabama.A message left with The Washington Post Monday morning was not immediately returned. 613

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