Child welfare workers who took away a child from its mother during an investigation into her possible drug use enjoy immunity from suit because there was no notice that they were violating a clear constitutional right. The case grew out of an unfortunate case of domestic violence where the mother attempted to abscond with the baby to a private residence without prior approval from the Division of Child Protection and Permanency....
Editor’s Note: This blog was reviewed and updated on April 20, 2020. Isn’t it a no-brainer that lawyers need encrypted messaging for client communications? First of all, everybody knows lawyers are supposed to protect client confidences. Secondly, attorneys should know they have an ethical duty to be technologically competent. Put one and two together, and you get your answer. The real question: what are the best encrypted messaging apps for lawyer-client communications?...
The Obamacare lawsuit recusal train is on the move. Next stop – Justice Clarence Thomas. Justice Thomas’ impartiality is being called into question by Democrats with regards to the possible healthcare lawsuit. Of course, the lawsuit has yet to reach the Supreme Court, as it is currently in the district courts. Nevertheless, people on both sides of the Obamacare debate are calling for judicial impartiality. First, Justice Elena Kagan’s impartiality was brought into question in light of her role of crafting the Government’s defense for Obamacare in her role as Solicitor General....
This week, Illinois became the eleventh state to legalize the recreational use of marijuana. That’s not too surprising, given the national trend towards legalization and new Illinois Governor J.B. Pritzker’s comments last year: “We can begin by immediately removing one area of racial injustice in our criminal justice system … Let’s legalize, tax, and regulate marijuana.” And while much of the state’s new weed law resembles those passed elsewhere, Illinois took a decidedly different path when addressing the local communities hit hardest by decades of the War on Drugs....
Most people understand that Election Day in the U.S. is always the first Tuesday in November. They may be less aware of various important dates and deadlines that follow. The Constitution lays out a multi-step procedure that must be followed over the course of 10 weeks after Election Day before the presidential winner can be seated. This year, as Democrats and Republicans alike are bracing for possible legal fights after Nov....
In Krantz v. Lindamood, the Sixth Circuit rejected defendant’s argument that his conviction was not supported by sufficient evidence because the state did not prove that he had the intent to kill any specific person. As stated in the decision: “The evidence produced at trial revealed that Krantz, after threatening to get a gun and return to kill either Williams, Speakman, or everyone, went to his house, retrieved his shotgun, and upon returning to the tavern, fired the shotgun into the tavern....
We’ve noted a possible rift between Justice Ruth Bader Ginsburg and Justice Sonia Sotomayor before. The two justices, who both fall on the left end of the ideological spectrum, have, in the past, traded barbs in footnotes over Sotomayor’s interpretation of past cases and the trial record. Justice Alito has also called her out in the past. Then, in fifty-eight pages of dissent, parts of which were read aloud while the other justices cringed, she poked a few more justices, two of whom responded in their opinions in Schuette....
Is there anything more annoying than a flight attendant forcing you to pause that episode of Avengers right before Hulk takes on Loki? It’s for your own safety, they said. Your iPad will interfere with the flight computers, they protested. It was all crap. We knew it. They did too. And this summer, we passed along the rumor that the FAA was considering loosening their restrictions on electronics during takeoff and landing....
CBS is not out of the woods yet on Janet Jackson’s notorious Super Bowl incident from 2004. The U.S. Supreme Court might be reviewing the infamous “wardrobe malfunction” case. The Federal Communications Commission filed a writ of certiorari, requesting the Supreme Court to review the appeals court decision. Last November, the Third Circuit Court of Appeals ruled in favor of CBS and its affiliates, holding that the Federal Communications Commission’s sanctions were improper, reports CNN....
Massachusetts’ top court appears to be taking a dim view of an effort by app-based companies like Lyft and Uber to continue designating their drivers as independent gig workers. A coalition of these companies is seeking approval of a ballot measure that would ask voters to allow them to pay drivers as contractors with certain benefits like health insurance and sick time. Justices on the state’s Supreme Judicial Court heard arguments on May 4 and expressed concern that the measure goes too far by limiting the companies’ liability for accidents caused by their drivers....
In US v. Wilson, No. 08-6229, the Sixth Circuit faced a challenge to the district court’s judgment ordering a defendant, acquitted of wire fraud and aiding and abetting false statements on another’s tax returns, to pay $52,305 in monthly payments for costs of a public services defender. As stated in the decision: “The court learned that Wilson had been staying at the ‘historic Brown hotel’ in downtown Louisville throughout the trial, at a cost of roughly $10,000, after turning down the government’s offer of free accommodations....
This term, the Supreme Court of the United States had the opportunity to review a Colorado Supreme Court decision that dealt with immunity against civil liability under the Aviation and Transportation Security Act. Based on the long-accepted definition of malice, and statutory interpretation, the Supreme Court disagreed with the Colorado state courts’ opinions, and reversed and remanded. Background William Hoeper began working as a pilot for Air Wisconsin Airlines Corporation (“Air Wisconsin”) in 1998, but in 2004, in order to retain his job, he had to pass certification on a different aircraft....
CM was in class when the drug dogs showed up. Along with his classmates, he was instructed to leave the classroom and his belongings for five minutes. When he returned, he claimed that he “felt like the pockets [of his backpack] had been unzipped and stuff.” The police were not there for him, nor for any other specific person. They were conducting random searches. Central High School of Springfield, Missouri had been experiencing a bit of a drug problem and the solution devised by the administration was to invite the K-9 Cops....
The Third Circuit Court of Appeals upheld a preliminary injunction this week against a Pennsylvania school district that said bah-humbug to a fifth-grader who wanted to invite her classmates to a Christmas party. According to the appellate court, the invites passed the Tinker test because there was “no evidence that distribution of the invitations would threaten a substantial disruption of the school environment or interfere with the rights of others....
It was two years ago that a bystander recorded George Floyd’s murder at the hands of Minneapolis police officer Derek Chauvin. The incident sparked national outrage and led to mass protests across the country. Since then, more people than ever before take out their phones when they see an arrest or interaction with police that looks like it could escalate. One such individual is YouTuber Albert Jerome Bustillos — also known as “Stray Dog the Exposer,” who labels himself a citizen journalist and often records police interactions with the public....
District court’s imposition of a life sentence and conviction of a defendant for overseeing a gang-related crack distribution operation including engaging in a continuing criminal enterprise (CCE) is affirmed in part and reversed in part where: 1) the district court properly admitted evidence of prior bad acts under Rule 404(b) and took steps to ensure that the jury understood the permissible purpose of the prior bad acts testimony; 2) the court’s instructions fairly and accurately informed the jury that it was required to agree unanimously on every element of the CCE offense, including defendant’s managerial role; but 3) defendant’s sentence is vacated and remanded so that the district court may consider whether the disparate treatment of crack versus powder cocaine under the guidelines applicable at the time he was sentenced renders his life sentence unreasonable....
Defendant’s child pornography conviction is vacated where a condition of defendant’s supervised release that obligated him, upon entry into a “significant romantic relationship,” to notify the United States Probation Department and to inform the other party to the relationship of his conviction, was unconstitutionally vague and not reasonably related to the goals of sentencing. Read US v. Reeves, No. 08-2966 Appellate Information Argued: May 27, 2009 Decided: January 7, 2010...
Conviction for various crimes related to the distribution of prescription drugs over the internet without valid prescriptions is affirmed where: 1) the district court did not err in instructing the jury to measure the usual course of professional practice under 21 U.S.C. sec. 841(a)(1) and 21 C.F.R. Sec. 1306.04 with reference to generally recognized and accepted medical practices and not a doctor’s self-defined particular practice; 2) the jury was properly instructed on the offense of introducing a misbranded drug into interstate commerce; 3) the court did not err in allowing expert testimony on the standard of care to which a doctor must adhere in order to prescribe a controlled substance; 4) the court committed no reversible error on its other challenged evidentiary rulings; and 5) the evidence was sufficient to support defendant’s conviction....
Defendant’s murder conviction as to one victim is affirmed where defendant was denied due process by the prosecutors’ gratuitous exploitation of his prejudicial nickname, “Murder,” but this conduct did not prejudice defendant due to the strength of the evidence. However, defendant’s murder conviction as to another victim is reversed where the prosecutorial misconduct resulted in prejudice. Read US v. Young, No. 07-2729 Appellate Information Argued: May 12, 2009 Decided: October 8, 2009...
As more businesses begin to open up amidst the ongoing COVID-19 pandemic, some companies or administrators may require employees returning to some level of in-person work to sign a coronavirus liability waiver. Here’s why you may be asked to sign one, and what it means for you and others. What Is a Liability Waiver? Waivers are a way for one party to ensure that the other knows and acknowledges the risks of participating in certain activities or undertaking particular practices....
