“When you’re under this roof, you’re gonna live by our rules,” is what those killjoy parents always say. No having friends over, no drinking, and no coming home at all hours of the night and making a ruckus. “We just want what’s best for you.” Those rules are doubly degrading when adults are forced to move back in with their parents, upending that treasured independence that kids everywhere wait impatiently for....
Many of us disagree with today’s Sheby County decision. Many feel that the neutering of the Voting Rights Act could lead to backsliding in the progress that has been made towards ensuring that everyone has access to the polls and that their votes actually count. Few of us, however, would respond to the opinion by tweeting a quip about Justice “Uncle Thomas.” The not-so-proud producer of that tweet was Minnesota State Rep....
In a 42 U.S.C. section 1983 action based on allegedly excessive force by police, summary judgment for Defendants is reversed where the “sham affidavit” rule does not preclude the introduction of testimony from other witnesses that is arguably inconsistent with a plaintiff’s deposition testimony. Read Nelson v. Davis, No. 07-16905 Appellate Information Argued and Submitted March 13, 2009 Filed July 7, 2009 Judges Opinion by Judge Thomas Counsel For Appellant:...
Baker v. Simpson, No. 09-3848, concerned plaintiff’s appeal from the denial of his motion to remand his legal malpractice action from a bankruptcy court to state court. The court of appeals affirmed on the ground that claims of professional malpractice, based on services rendered pursuant to a Title 11 petition, “arise in” a bankruptcy case because they implicate the integrity of the bankruptcy process and are inseparable from that proceeding....
The Sixth Circuit decided a criminal case involving defendant’s double jeopardy violation claim and an insurer’s claim for reimbursement for settlement contributions. In Colvin v. Sheets, No. 08-4353, the court faced a challenge to the district court’s grant of defendant’s request for habeas relief and reversal of a decision by the court of appeals and holding that there was no manifest necessity for a new trial. In reversing the district court’s decision, the court held that not only did the district court fail to abide by the deference required of Washington itself, but violated the AEDPA in concluding that the state court unreasonably applied Washington....
In an ERISA action arising from a denial of disability benefits, summary judgment for defendants on limitations grounds is affirmed where defendant’s benefit plan’s limitations period was enforceable because the plan was not ambiguous and the limitations period was reasonable. Read Salisbury v. Hartford Life & Accident Ins. Co., No. 08-3316 Appellate Information Filed September 30, 2009 Judges Opinion by Judge Hartz Counsel For Appellant: Jack Shelton, Wichita, KS For Appellee:...
Poll watchers have long played a role in ensuring elections operate properly. The concept, in place for more than a century, is quite basic: Allowing many sets of eyes to keep watch in polling places has generally produced a belief that elections are fair. However, as the midterm elections approach and partisan groups are pledging to be far more visible and assertive than poll watchers of yore, we can’t be so certain now that the peace will hold....
American Needle, Inc. v. Nat’l Football League, No. 08-661, involved an an antitrust action challenging the NFL’s grant to Reebok of an exclusive license to create apparel incorporating the NFL’s intellectual property. The Supreme Court reversed the Seventh Circuit’s affirmance of summary judgment for defendants, holding that the alleged conduct related to licensing of intellectual property constituted concerted action that was not categorically beyond the coverage of Section 1 of the Sherman Act....
As you read about the spread of Covid-19 (a.k.a. “the coronavirus”), you understandably might want to turn into a hermit. When it comes to your own time, that may not be hard to do. You could stock up on groceries, catch up on your reading, and binge-watch “Better Call Saul.” When it comes to your work time, though, your employer might have other ideas. You may have a job where there’s no work-from-home option....
It’s been a weird week on First Street: There were postponed arguments thanks to Superstorm Sandy, a Halloween hearing, and a new award for Justice Ruth Bader Ginsburg. If you were affected by the storm, you probably haven’t been following the Court this week. Here are a few highlights to bring you up to speed. Court will be back in session on Monday with oral arguments in Comcast v. Behrend and Amgen Inc....
We’ll give this week’s “How To Get Away With Murder” credit, almost all flashbacks were to new scenes, not bonfire stock footage. But things are brewing for Sam and just about every female character as the lies continue to unravel. #HTGAWM in 140 Characters: Wes learns dead girl was preggers, client drugged during nanny’s murder, dad + son sleeping w/ nanny, Frank has a gf, no prenup for Michaela Sure Sam was lying (duh), but how much of this episode consisted of legal lies?...
Ah summer – the time when all your employees (and you) want to head to the beach, the lake, the river, the pool, the national park, the theme park, the park around the corner … anywhere but the office. But there’s no way your small business can survive a mass exodus this summer. Balancing your company’s needs with your employees’ happiness can be a challenge. So here’s how to let your staff play while making sure the work gets done, and making it all legal....
District court’s sentencing of a defendant convicted of drug possession with intent to distribute and it’s denial of defendant’s motion to declare unconstitutional the statute establishing a mandatory minimum is affirmed where: 1) court did not commit plain error as it understood its authority to vary from the guidelines and the career offender guidelines; 2) the court did not impose a substantively unreasonable sentence; and 3) defendant lacked standing to challenge the constitutionality of 21 U....
Defendant’s mail fraud and securities fraud conviction and sentence are affirmed where: 1) any claimed error by the district court in proceeding with limited pretrial matters before the Court of Appeals issued a previous mandate was harmless; 2) because the magistrate judge considered the statutory factors under the Speedy Trial Act in granting an “ends of justice” exclusion, allowing the magistrate to clarify those findings was not in error; 3) so long as the original indictment remains pending, a superseding indictment that omits a charge contained in the first indictment does not stop the tolling of the statute of limitations as to that charge; 4) even if defendant genuinely believed his investment scheme would be profitable and would result in gains for his investors, he would still be guilty of securities fraud and mail fraud if he knowingly lied to investors about the risks associated with his plan; 5) nothing in the jury instructions to which defendant objected negated the mens rea instruction; and 6) the Sixth Amendment did not require that the loss be proved to a jury beyond a reasonable doubt....
Sentence for cocaine conspiracy is affirmed where: 1) the district court did not abuse its discretion in applying a two-level enhancement for his aggravating role in the conspiracy under U.S.S.G. sec. 3B1.1(c); and 2) the court did not err in failing to articulate reasons for rejecting his arguments for mitigation under 18 U.S.C. sec. 3553(a) as the record shows that although the court did not explicitly discuss each of defendant’s arguments for mitigation, it did consider them, and also gave meaningful consideration to the 18 U....
District court’s denial of defendant’s motion to suppress evidence found in his apartment is affirmed where: 1) defendant was not deprived of a fair Franks hearing as the district court’s evidentiary rulings on defendant’s questions regarding a confidential informant and a tipster were either within the court’s discretion or did not have a material effect on the outcome of the proceeding; and 2) the district court was correct in finding that adequate probable cause supported the warrant....
It’s official! Vermont became the ninth state to legalize the recreational use of marijuana on Monday. The state’s Republican governor, Phil Scott, signed House Bill 511 into law after it cleared the state legislature earlier this month. The Green Mountain State joins a growing number of states to remove penalties for possessing small amounts of marijuana. The law takes effect on July 1st. Yet aspiring cannabis connoisseurs should be wary of jumping into the Vermont “bud” business prematurely....
Mediation and litigation are two different ways to resolve legal disputes. While mediation is often a part of litigation, it doesn’t always have to be. Disputes can be mediated outside of litigation and lawsuits. There are pluses and minuses for either choice, and either can be the better option depending on the case. If you’re amidst an older adult abuse case, you may wonder which one is right for you....
How lucrative are “check cashing” businesses? Pretty lucrative, but states are increasingly regulating these bank-like industries that charge extremely high interest rates. Enter the Indian tribes! Payday lenders are teaming up with Indian tribes to utilize tribal sovereignty as an end-run around state usury laws, which the lenders claim don’t apply to loans made on tribal land. As a result, the legality of these operations is a serious question. From Minnesota to California, states are cracking down on these tribal lending operations....
Happy Friday y’all! Today’s breaking news out of the Supreme Court involves grants in three cases – two from Texas and one from Louisiana. The first case, and the more important one in my opinion, is the First Amendment license plate case that we’ve covered previously – the state of Texas is denying requests for Confederate flag vanity plates. Also from Texas, the Court will take on patent issues once again in a spat over Cisco’s Wi-Fi products....
