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State marijuana laws and policies have substantially changed in recent years, from decriminalization to legalization and everything in between. In Maryland, the latest victory for anti-War on Drugs activists is the state’s highest court ruling that the smell of marijuana does not qualify as probable cause to permit a police search. Mary Jane in Maryland The Fourth Amendment of the U.S. Constitution protects citizens from unreasonable stops and seizures by law enforcement by instituting the rule of probable cause....

A transgender individual seeking a name change in Indiana has been denied that right by the Seventh Circuit Court of Appeals. However, the court did not rule against the individual person so much as they rigidly applied the law to the case at hand, as this was no ordinary name change. The individual seeking a new name came to the United States at the age of 5, over 20 years ago....

While the U.S. Supreme Court weighed racial gerrymandering in Texas, a California city was caught up in a similar legal fight over voting districts. A former mayor sued, claiming the City of Poway racially gerrymandered his voting district. It is unusual because the politician is white in a predominantly white town. A federal judge dismissed the case, but now an appeals court has reversed in Higginson v. Becerra. It’s not about minorities; it’s about equal protection....

This odd case just became even more odd. Little Sisters of the Poor is a traditional order of Catholic nuns. Obviously, as a Catholic organization, they don’t want to provide contraceptive care under the Affordable Care Act’s so-called contraceptive mandate. Fair enough. There’s a form for that, which would exempt them from Obamacare’s requirement. This is where the case gets a little weird. The nuns are arguing that simply filling out the religious exemption form would violate their religion....

In a dispute between the Philadelphia Stock Exchange and a member, order dismissing plaintiff-member’s motion for a temporary restraining order is vacated and remanded with instructions to dismiss the action for lack of proper subject matter jurisdiction where the district court lacked proper subject matter jurisdiction over the action as plaintiff failed to exhaust the available administrative remedies provided by the Exchange Act, and two exceptions to the exhaustion requirement did not apply....

An employment policy that accommodates disabled workers must also accommodate pregnant workers, the Supreme Court said on Wednesday in a 6-3 opinion in Young v. UPS. After becoming pregnant, UPS driver Peggy Young was advised by her doctor not to lift more than 20 pounds; however, UPS requires drivers to be able to lift up to 70 pounds. Young requested temporary reassignment or an accommodation, but UPS refused, even though it granted such requests to employees for on-the-job injuries or for statutory reasons, like an ADA-protected disability....

In a dispute involving attorney’s fees, district court’s fee award is affirmed where: 1) the court did not err in reducing the requested fee as the collaboration among four attorneys led to duplicative work and excessive billing; 2) the court did not abuse its discretion in failing to specifically enunciate how it calculated the ultimate fee as substantial fees were not at stake and the reasons for the court’s fee award are apparent from the record; and 3) the court did not abuse its discretion in denying the motion to compel the defendant to produce its counsel’s billing records....

In 2017, the Federal Communications Commission changed ownership rules for local news media. Specifically, the FCC thought the prohibition against the same business owning both a newspaper and television station in a major market was no longer necessary. The FCC also wanted to make it easier to buy a second or third radio station in the same market. The FCC did this to “foster competition, localism, and viewpoint diversity." Section 202(h) of the Telecommunications Act of 1996 directs the FCC to review its media ownership rules every four years and to repeal or modify any rules that no longer serve the public interest....

In plaintiff’s employment discrimination action against her former employer under the ADA, judgment of the district court in favor of the plaintiff is vacated and remanded where: 1) although the jury agreed with plaintiff that defendant’s perception of her limitations contributed to the discharge, it also found that it would have terminated plaintiff notwithstanding the improper consideration of her disability, and therefore, relief is not available to plaintiff under the ADA; and 2) district court’s decision to award plaintiff declaratory and injunctive relief along with a portion of her attorney’s fees and costs cannot be sustained as the relief awarded was premised solely on the jury’s mixed-motive finding, and given the lack of a provision in the ADA recognizing mixed-motive claims, such claims do not entitle a plaintiff to relief for disability discrimination....

The Supreme Court heard oral arguments on President Obama’s immigration reform plan today. Under Obama’s immigration plan, Deferred Action for Parents of Americans, millions of immigrants could be spared deportation and given a path to lawful status. Twenty-six states, led by Texas, have sued to halt it, arguing that the plan is beyond the president’s power. At oral arguments, the eight-justice Court seemed evenly divided along ideological lines. That raises the prospect of a deadlocked, equally divided non-decision in one of the Court’s most important cases of the year....

ALJ’s denial of claimant’s application for Disability Insurance Benefits is vacated and remanded to a different ALJ where: 1) the ALJ’s RFC determination is unsupported by substantial evidence as he relied on an unsigned medical report that should have been excluded from the record; 2) ALJ failed to consider an entire line of evidence of claimant’s impairments; and 3) ALJ failed to support his conclusion that claimant’s testimony was not credible....

The ampersand is losing its place in legal history, and English history itself. Barnum & Bailey, Smith & Wesson, and Abercrombie & Fitch are America’s partnerships. Their names are synonymous with clowns, guns, and casual wear. But many businesses today have jettisoned the literary joinder, including law firms that have traditionally mated partners with an ampersand. To some, losing the ampersand is losing history and some partners along the way....

The death of Justice Ruth Bader Ginsburg leaves the U.S. Supreme Court with eight judges during the most litigious election season in anyone’s memory. Is there reason to be concerned? First, it’s important to keep in mind that this is nothing new. There have been other times when the court was down to eight justices. Most notably, the court had only eight justices for a full 14 months in 2016-17 following the death of Justice Antonin Scalia because Republicans refused to consider President Barack Obama’s nominee, Merrick Garland....

Terri Basden worked as a dispatcher for a company that transported workers from one train to another train. It doesn’t sound terribly exciting, but heck, it’s a paycheck. She missed work again on the following dates, with a physician’s note provided after each absence: Prior to her final termination, she requested an unpaid 30-day leave of absence. Unfortunately, that leave is only provided for employees with at least a year’s tenure....

It can’t be overstated: Indiana has some funny laws. In the case at bar, Judge Posner authored an opinion that overturned a criminal conviction for possession of heroin all because the police failed to prove probable cause. Now if this seems perfectly reasonable, get a load of the facts before you make your final assessment. It’s a great case. Before you read on, ask yourself a question and remember the answer....

Circuit Court of Appeals? Isn’t this the U.S. Supreme Court blog? True indeed, but controversies below, and circuit splits, often mean SCOTUS petitions. Besides, we’ve got three issues that are begging for a little Supreme Court clarification – the Second Amendment, sexual orientation discrimination, and the issue that never seems to go away: abortion. Is there a right to concealed carry? We’ve already noted the big circuit split, and the pending cert....

To say that 2018 has been a crazy year for the High Court would be an understatement. From Kennedy’s retirement to Kavanaugh’s confirmation, it’s been a wild ride. Justice Ginsburg even took a tumble. But both the Notorious RBG and the whole High Court keep on keeping on, making history and monumental decisions, that is. Below you can read about five of the most monumental High Court decisions from 2018....

College athletes in the great state of California might be among the first to get legally paid for being a college athlete. Under the Fair Pay to Play Act, which just passed through the California House, college athletes would be allowed to accept sponsorship deals in order to get paid. Of course the act must still pass through the senate and be signed by the governor before becoming law. The bill’s sponsor, Representative Nancy Skinner, explained that college athletes are all too susceptible to being exploited and then hung out to dry by the schools that truly reaped the benefit....

In December 2006, Steven Kallal started using CIBA-brand contact lenses that he received as a sample from his eye doctor. He bought some more and kept using them until May 2007, even though he experienced sharp pain in his eyes. Unbeknownst to Kallal, CIBA found a flaw in the contact lenses in January 2007 that didn’t let enough oxygen reach the cornea. They eventually recalled 11 million contact lenses. This is a story about the limits of personal injury lawsuits....

Has the Eighth Circuit lost it? Or is it just the one voice of reason in our appellate courts? Why do we ask? The Eighth Circuit has ruled that Obamacare’s contraception opt out – the part of the Affordable Care Act that allows religious nonprofits to avoid directly providing contraception to their employees – violates the Religious Freedom Restoration Act and burdens employers’ exercise of religion. In its two rulings issued Thursday, the Eighth stands alone....