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The intern lawsuits are still at it – both have different outcomes so far – but are seeking the same thing – immediate appeal. Hearst & Black Swan In a lawsuit involving magazine interns, a former magazine intern sued her former employer, Hearst, under New York and Federal Law. The Southern District of New York denied plaintiffs’ motion for summary judgment and denied class certification. In the very same district, in what’s better known as the “Black Swan” case, unpaid interns are suing Fox Searchlight and Fox Entertainment, for unpaid work conducted in the production of “Black Swan,” reports Deadline....

In a 42 U.S.C. section 1983 action by a prisoner alleging that he was unlawfully disciplined for filing a grievance, judgment for plaintiff is affirmed where: 1) the filing of a disciplinary charge was actionable under section 1983 if done in retaliation for the inmate’s having filed a grievance pursuant to established procedures; 2) the district court did not clearly err in finding that defendant would not have filed the disciplinary report at issue but for a retaliatory motive; and 3) because defendant’s actions resulted in only nominal compensatory damages, the district court did not err in concluding that the high ratio of punitive to compensatory damages awarded did not offend due process....

In a decision Tuesday issued by the 6th Circuit, the Court determined that illegal immigrants with Temporary Permanent Status (TPS) can apply for permanent resident status under federal law. The Flores, et al. v. USCIS, et al. decision takes a defiant stab at the “archaic and convoluted state of our current immigration system” by offering a plain reading of federal immigration statutes that seems perfectly reasonable despite USCIS policy. What is Temporary Protected Status (TPS)?...

In a tort action based on injuries sustained by Plaintiff while operating a paper manufacturing machine that Defendant-Employer purchased used from a third party, summary judgment for Defendant is affirmed where Defendant could not be held strictly liable because it was a “casual” or “occasional” seller of the machine at issue, not an “ordinary” or “regular” seller. Read the full decision in Jaramillo v. Weyerhaeuser Co., No. 07-0507-cv. Appellate Information:...

In a petition for review of the BIA’s order removing Petitioner from the U.S., the petition is denied where sufficient evidence supported the BIA’s rulings that: 1) Petitioner abandoned her lawful permanent resident status; 2) her seven-year absence from the U.S. was not a temporary visit abroad; 3) her conduct was imputable to her son (an unemancipated minor during the relevant period); and 4) the son did not automatically acquire citizenship based upon his father’s naturalization prior to the removal proceedings....

Jean Reno has acted in movies about assassins, killers, and spies – and sometimes died in those roles. So it was a surprise to see a real-life mug shot of a terrorist who looked just like him. That’s about where the similarities end. Amor Ftouhi, 53, has been convicted of stabbing a police officer in a terrorist act. Despite a death wish, however, it looks like this terrorist won’t die....

The Third Circuit Court of Appeals recently upheld a Pennsylvania state law - the Pennsylvania Steel Products Procurement Act - requiring American-made steel in public works projects unless there wasn’t a sufficient amount available. A Delaware corporation, Mabey Bridge & Shore Inc., had challenged the law, but a lower court granted summary judgment in favor of Pennsylvania’s Secretary of Transportation. Mabey then appealed the case to the Third Circuit, arguing that the law was pre-empted by the federal Buy American Act and violated the Commerce, Contract and Equal Protection clauses of the U....

After striking a deal with the federal government last month to end a long investigation into Quicken Loan’s lending practices, chairman Dan Gilbert suffered a stroke. Gilbert, who is also the owner of the Cleveland Cavaliers basketball team, had fought the government’s allegations for seven years. He said the company would never settle, but agreed to pay $32.5 million with no admission of wrongdoing. Now he is out of the hospital, and the government has dismissed the case....

U.S. Inventor is not your typical protest group, yet there they were protesting outside the U.S. Supreme Court as it heard arguments in Oil States Energy Services v. Greene’s Energy Group. The eclectic group has made headlines before over the sometimes esoteric issues of patent law. Earlier in the year, they burned patents outside the Patent and Trademark Office. After the Supreme Court upheld the PTO’s controversial inter partes review, the protesters were out in force again....

In a petition for review of the BIA’s order denying petitioner’s asylum application, the petition is denied where petitioner did not file an asylum application in English within the one year deadline and no “extraordinary circumstances” prevented him from filing on time. Read Toj-Culpatan v. Holder, No. 05-72179 Appellate Information Argued and Submitted March 1, 2009 Filed December 1, 2009 Judges Per Curiam Counsel For Petitioner: Lisa M. Calero and Robert L....

A trademark infringement lawsuit by conservationist outdoor brand Patagonia maneuvered a significant roadblock last week when a Los Angeles judge denied motions to dismiss by defendant Anheuser-Busch. Patagonia filed suit in April, alleging the branding of Anheuser-Busch’s “Cerveza Patagonia” beer capitalizes on their 40-year reputation as a company dedicated to environmental conservation. Anheuser-Busch motioned to dismiss five of the eight causes of action in Patagonia’s complaint, arguing that Patagonia’s brand was not famous or widely used enough to warrant protection....

Defendant’s child pornography conviction is affirmed where: 1) defendant’s own testimony supplied the allegedly “missing” element of whether he actually photographed one victim; 2) the district court’s preclusion of a reasonable-mistake-of-age defense did not violate defendant’s right to due process; and 3) sufficient evidence existed from which a jury could find that defendant produced child pornography with materials that had traveled in interstate commerce. Read US v. McCloud, No. 09-1520...

Entergy Nuclear Vermont Yankee, LLC (“Vermont Yankee”) can’t seem to play nice with Vermont. The two parties have been in litigation since 1978 – and the present case arises within this context. The Vermont Generating Tax You may recall that earlier this year, the Second Circuit held that Vermont could not shut down Vermont Yankee because of safety concerns. Because Vermont had refused to extend Vermont Yankee’s regulatory approval for the plant’s operation, Vermont Yankee stopped making payments to the state, agreed upon by the parties in Memoranda of Understanding....

A state can adopt a liberal attitude toward medical marijuana use, but that doesn’t mean that employers within that state are required to adopt a similarly progressive drug policy. The Sixth Circuit Court of Appeals ruled on Wednesday that the Michigan Medical Marihuana Act (MMMA) does not protect patients from disciplinary action in a private employment setting for using medical marijuana, Huffington Post reports. The plaintiff, James Casias, worked at Walmart’s Battle Creek, Mich....

The Supreme Court just finished a blockbuster term. The Affordable Care Act challenge. The Arizona immigration law appeal. These are the kinds of cases that define the justices’ legacies. Even the criminal law decisions — which arguably affect fewer Americans — were an interesting lot this year. So how could the 2012 Term possible eclipse last year’s media bonanza in terms of cable news coverage? With a Defense of Marriage Act (DOMA) challenge....

Yahoo lawyers right now are probably not liking Judge Lucy Koh, who denied their proposed settlement in the biggest data breach case in history. In Re: Yahoo! Inc. Customer Data Security Breach Litigation, Koh said the settlement did not disclose the size of the settlement. It’s hard to know whether a settlement is fair with that information, she said. It’s clear, however, that the parties want to wind up the litigation....

Trial court judges are meant to stay neutral. They do this with varying degrees of success. A judge can sometimes sway a jury, even inadvertently, based on body language and demeanor. Usually, this isn’t grounds for vacating a conviction or getting a new trial. But one thing a judge is clearly not supposed to do is blatantly tell a defendant whether a plea deal is good or not. The Eight Circuit recently vacated a defendant’s felony possession charge sentence because the district court judge told the defendant that the federal court system “sucks" and he could likely get a better sentence if he went to trial....

This is an interesting, and confusing, order by the Ninth Circuit. Margaret Fonberg is a former clerk for the United States District Court for the District of Oregon. In 2009, she filed for benefits for her same-sex domestic partner. The couple has a civil union under Oregon law, which provides the same benefits of marriage, without the same title, thanks to a state constitutional provision defining marriage as between one man and one woman....

When it comes to movies based on real life, viewers must allow for some literary license. Even in the upcoming biopic of Ruth Bader Ginsburg, the justice would grant Felicity Jones some flexibility in portraying her. After all, the actress is English. One thing is certain, however. The movie, set to begin filming in September, will hew to the truth that women have had to fight for equal rights in America....

A recent decision out of federal Eastern District of Pennsylvania explains that a religious family services organization in Philadelphia cannot discriminate against prospective parents based on sexual orientation. The case was filed by an organization called Catholic Social Services, challenging the City of Philadelphia’s denial of that organization’s placement of children. The organization asserted that it has a right to deny placement of children into homes that violate its religious beliefs....