Just so we’re clear, “show me the note” lawsuits have not fared well in the Eighth Circuit Court of Appeals. If you decide that you want to file one of these claims, don’t say we didn’t tell you. Mary and William Butler filed a “show me the note” lawsuit against Bank of America, N.A., BAC Home Loan Servicing, and the law firm of Peterson, Fram, and Bergman, P.A. (PFB), challenging the foreclosure on their home....
Timothy Pagliara has been a licensed securities broker for more than 25 years. He’s received numerous accolades and maintained a nearly-spotless record with the Financial Industry Regulatory Authority (FINRA). He blames the single blemish on Birmingham law firm Johnston Barton Proctor & Rose, LLP (JBPR). Even if the JBPR is the reason for Pagliara’s almost-perfect-but-not-quite record, the Sixth Circuit Court of Appeals ruled this week that a district court properly dismissed Pagliara’s breach of fiduciary duty claim against the firm....
In an action challenging California’s scheme of reimbursement to foster care homes, summary judgment for defendants is reversed where California was not in “substantial compliance” with the federal Child Welfare Act’s (CWA) mandate that a participating state “cover the cost” of certain enumerated items for foster care group homes because it paid at a rate that was approximately 80 percent of actual 1986-1987 costs adjusted for inflation, and the CWA required California to pay in full....
You and your mate have been good citizens who have been sheltering in place. But you’ve grown tired of your own cooking and, now that businesses have begun to reopen, the idea of a nice restaurant meal is irresistible. So, you finally dine out. But a few days later, you both get sick. Really sick. You arrange tests for COVID-19 and the results come back positive. You’re convinced the restaurant is to blame....
The civil rights case of Arkansas judge Wendell Griffen against the Arkansas Supreme Court, and each of its members, was just dismissed by a three-judge panel of the Eighth Circuit Court of Appeals. Judge Griffen’s case is a fascinating one, as he is an outspoken advocate against the death penalty and the state’s high court barred him from hearing death penalty cases due to his alleged bias, and in accordance with the state’s judicial ethics....
In an odd turn of events, the recent spike in Match Group’s earnings due to acquiring Tinder may have an unintended consequence. While normally boasting big gains is good news, Match is currently being sued by Sean Rad, Tinder’s co-founder, alleging that Match deliberately undervalued Tinder when it paid Tinder’s people on acquisition. The massive gains for Match are, reportedly, going to be used by Rad to prove that point. Rad’s lawyers have stated that Match ripped off the original Tinder folks for billions of dollars....
Holman v. Comm’r of Internal Rev., No. 08-3774, concerned a petition for review of the tax court’s order (1) holding that the IRS correctly applied I.R.C. section 2703 and properly disregarded petitioners’ partnership agreement’s transfer restrictions and (2) applying smaller lack-of-marketability and minority-interest discounts than those claimed by petitioners. The court of appeals denied the petition, holding that 1) the tax court correctly held the present restrictions on the sale of the shares at issue were not “a bona fide business arrangement” in accordance with section 2703(b)(1); and 2) the tax court’s approach in adopting an expert’s analysis comported with the general rule of casting the potential buyer merely as a rational economic actor....
The much-anticipated 2020 presidential election is approaching quickly, and many states are begging for more volunteers to become poll workers and election judges. What do you need to know about beginning this process? What Do I Need To Know or Do? Poll workers are the in-person volunteers who set up and monitor polling stations on Election Day and on early voting days in some states. Requirements for poll workers vary between states and counties, so it’s important to familiarize yourself with your local laws....
For almost 40 years, politicians and talking heads have debated the merits of the Supreme Court’s Roe v. Wade decision. There have been hours of analysis evaluating the odds that the decision could be overturned. Presidential candidates have sworn to protect the pro-Roe majority, or appoint jurists who would reverse the decision. Norma McCorvey – Jane Roe of Roe v. Wade – even had a change of heart and asked a federal court to overturn the landmark decision in 2003....
If you’re interested in practicing immigration law before the 9th Circuit Court of Appeals, then Pincus Professional Education will be hosting their 4th Annual Immigration Litigation in the 9th Circuit Conference later this year. According to their announcement, “This program is designed to give immigration practitioners a comprehensive overview of handling their cases at the 9th Circuit level.” The program includes practical tips such as: drafting various motions and briefs, including procedural motions; emergency motions and substantive motions; standards of review; mediation; pro-bono counsel; preparation of oral arguments and a discussion of common mistakes....
It’s about time the EPA made a final rule on the potentially toxic pesticide, chlorpyrifos, the Ninth Circuit ruled yesterday. Chlorpyrifos is a widely used pesticide that, in addition to protecting almond, orange, and cotton crops from pests, is connected to the poisoning of farm workers and rural residents, as well as neurological impairments in children. The Pesticide Action Network North America and National Resources Defense Council first petitioned the EPA to ban chlorpyrifos in 2007, but the agency has been slow to respond....
Challenge to Constitutionality of Union’s Hudson Notice In Knox v. Cal. State Employees Ass’n., Local 1000, No. 08-16645, a First Amendment action challenging the constitutionality of a Hudson notice given by SEIU Local 1000, the court reversed summary judgment for plaintiffs where a union was not required, pursuant to Chicago Teachers Union v. Hudson, 475 U.S. 292 (1986), in addition to an annual fee notice to members, to send a second notice when adopting a temporary, mid-term fee increase....
Action Alleging Violations of Employee Privacy by Starbucks In Krottner v. Starbucks Corp., No. 09-35823, an action by current or former Starbucks employees whose names, addresses, and social security numbers were stored on a laptop that was stolen from Starbucks claiming violations of Washington law, the court affirmed the dismissal of the complaint where plaintiffs alleged a credible threat of real and immediate harm stemming from the theft of a laptop containing their unencrypted personal data, but their allegations failed to state a claim under Washington law....
In defendant’s action for habeas relief claiming that his civil commitment as a sexually violent person (SVP) deprives him of his right to due process of law, denial of the writ but issuance of certificate of appealability is affirmed as the diagnoses of two mental health professionals which were constitutionally adequate under existing Supreme Court precedent, and the evidence upon which the diagnoses were based, afforded the Wisconsin committing court an adequate basis, under the Due Process Clause, to order defendant’s commitment....
Two judges of a three-member panel of the Eighth Circuit Court of Appeals upheld Fremont, Nebraska’s housing ban on renting to illegal immigrants. The ruling flies in the face of other appellate courts who have hesitated to endorse laws that may interfere with the federal government’s authority over immigration regulation. The decision opens the door for the town of Fremont to begin enforcing its law, and may have a butterfly effect for other cities with similar ordinances....
Abortion has always been a hot-button issue. But, recently, the debate has become even hotter. Under Roe v. Wade, women are permitted to get an abortion until the fetus is viable, which occurs at about 24 to 28 weeks. It appears that several states are seeking to challenge this Supreme Court decision, as they have passed – or are in the process of passing – bills restricting women’s access to abortions....
What separates a trend from a copycat? In the fashion industry, it’s hard to separate infringement from inspiration. However, for Nike, nothing can come near its patented designs. In Nike’s latest complaint against Skechers, the sportswear giant alleges that management at Skechers directs employees to copy designs by their competitors. Same Shoe, Multiple Patents Disputes between Nike and Skechers have cropped up many times over the years, and Nike has a history of enforcing its patents against other competitors (like last year’s fight with Puma)....
Most states make it pretty easy for laypeople to perform weddings. More and more couples are asking a friend or relative, rather than a religiously ordained or affiliated priest, to perform their wedding ceremony. Those friends and relatives can simply hop online and get approved to oversee a ceremony and sign the marriage certificate. But not in Tennessee. Starting next month a new law will prohibit online-ordained ministers from performing marriages in the Volunteer State....
James McElwee is in his mid-30s with a neurodevelopmental disorder formally classified as Pervasive Developmental Disorder - Not Otherwise Specified (PDD-NOS) and informally called an autism spectrum disorder. McElwee sued, alleging that the County had violated the ADA and the Rehabilitation Act by dismissing him from the volunteer program without providing him a reasonable accommodation for his mental impairment. Following discovery, the County moved for summary judgment. The district court granted the County’s motion, holding that McElwee was not “‘substantially limited’ in the major life activity of interacting with others and therefore was not “disabled” under the ADA or the Rehabilitation Act....
Her Royal Highness isn’t entitled to any restitution from an Australian criminal who bilked the U.S. and Canada out of millions in a fraudulent biodiesel scheme. Nathan “Nati” Stoliar has been described by The Australian as a “Forrest Gump-style character” of Down Under’s “corporate sleaze set.” Last year, he pled guilty to defrauding the U.S. government, forfeited $4 million and agreed to pay $1 million in restitution. Stoliar, whose name should have given him away, could face up to 69 years in prison and an additional $2 million in fines....
