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A unanimous three judge panel of the Third Circuit Court of Appeals affirmed the multimillion dollar award against Citgo, and even increased the damages, related to the 2004 Delaware River oil spill. A prior ruling of the district court reduced the damages award against the oil company that were to be awarded to the United States. Although the U.S. sought $88 million in reimbursement for cleaning up the oil spill, the district court only wanted to let the government walk away with half....

You already know the importance of making successful hiring decisions. But while lawyers are paid to anticipate and prevent bad outcomes, few matters are as difficult to predict as how a new hire is going to work out. Without a surefire method, most law firms report that they hire on gut instinct. Some experts even recommend that approach. When choosing between several qualified candidates, however, using your gut can backfire. One reason for this is that research has shown an unstructured interview is not a good predictor of future performance....

Looks like Electronic Arts is throwing out the red challenge flag. Last month, in a pair of mildly confusing matchups, a panel of the Ninth Circuit tossed NFL Hall-of-Famer Jim Brown’s Lanham Act claim, finding that EA’s First Amendment rights trumped his right of publicity. In a simultaneously released opinion, they held that former college QB Dustin Keller’s right of publicity trumped EA’s rights. The rulings were a bit incongruous, but relied on two different tests, the Rogers test and the “transformative use” test, as well as the difference between state and federal law....

Nearly a month after Justice Stephen Breyer announced that he would soon retire from the U.S. Supreme Court, after which President Biden vowed to nominate the first Black woman to the Court, we have an official nominee. On Feb. 25, the President nominated Judge Ketanji Brown Jackson, 51, to take the seat which will be left vacant by Justice Breyer at the end of the current SCOTUS term. If her nomination is confirmed by the Senate, Judge Jackson would be the first ever Black woman to hold a seat on the highest court in the land....

District court’s award of $53,305.00 in attorney’s fees rather than plaintiffs’ attorney’s request for $140,290.00 in an action under the Fair Debt Collection Practices Act, is affirmed as the district court’s conclusion was not clearly erroneous in finding that, although the attorney negotiated a final settlement, it was inappropriate that a substantial portion of the hours billed were to compensate him for learning the area of the law, as he became involved so late in the case....

A Jacksonville lawyer had a unique idea to capitalize on the recent growth of cannabis law. For the relatively low cost of $800, he issued “certificates” to his clients and “grow signs” they could put up advertising that medical marijuana was grown here. If police asked questions, he told his clients, show them the card. Once you show medical need you won’t be arrested. It got him some money and a few clients....

In habeas corpus proceedings following the Minnesota Supreme Court’s affirmation of the revocation of petitioner’s probation and the execution of her stayed 120 month sentence for aiding and abetting kidnapping, denial of the petition is affirmed where: 1) the state supreme court’s conclusion that a Fields appeal was not a form of direct review under Minnesota law was not contrary to or an unreasonable application of clearly established federal law; and 2) Jimenez v....

Copyright Infringement Action Concerning World of Warcraft In MDY Indus., LLC v. Blizzard Entm’t, Inc., No. 09-15932, an action seeking a declaratory judgment to establish that plaintiff’s sales of a “leveling” program (Glider) for World of Warcraft (WoW) did not infringe Blizzard’s copyright or other rights, the court affirmed in part judgment for defendant where plaintiff was liable under Digital Millennium Copyright Act section 1201(a)(2) with respect to WoW’s dynamic non-literal elements....

As they entered the federal appeals court, the judges and the nuns had more in common than black robes. The judges of the U.S. Third Circuit Court of Appeals were there to consider whether non-parties have a right to intervene in Pennsylvania v. Trump. The Little Sisters of the Poor Saints Peter and Paul Home were there for that same reason. Ultimately, the appeals court will rule on President Trump’s order that allows conscience-based objections to the contraception mandates of Obamacare....

US v. Camacho-Arellano, 07-5427, concerned a challenge to the district court’s imposition of a fifty-seven months’ imprisonment in a conviction of a Mexican citizen for unlawful reentry into the U.S. after deportation. The court vacated the sentence and remanded for resentencing, because defendant was sentenced before Kimbrough v. U.S. and because Kimbrough permits district court judges to impose a variance based on disagreement with the disparities created by the existence of “fast track” early-disposition programs for illegal-reentry cases in other jurisdictions....

In a petition for review of the BIA’s order removing petitioner from the U.S., the petition is granted where petitioner’s prior offense of “unlawful sexual intercourse with a minor” under section 261.5(d) of the California Penal Code did not meet the definition of “aggravated felony” in 8 U.S.C. section 1101(a)(43)(A). Read Pelayo-Garcia v. Holder, No. 05-70929 Appellate Information Argued November 19, 2008 Submitted December 3, 2009 Judges Opinion by Judge Ikuta...

Another one bites the dust: Sara Kapfer has filed for separation from actor Cuba Gooding Jr. after 20 years of marriage. Kapfer is citing “irreconcilable differences” as the reason for the split and is asking for joint legal and physical custody of their three kids, according to TMZ. Although some news sources are reporting that Kapfer is filing for divorce, TMZ is reporting that she filed for separation. So what’s the difference between separation and divorce?...

Like any car, Teslas have had their fair share of accidents, and fatalities. As of this writing, there have been four reported fatalities in accidents involving Tesla’s Model S, Model X, and Model 3 automobiles, all in the last three years. (That’s compared to an estimated 40,000 deaths in car crashes in 2018 alone.) Perhaps what’s most striking about the deaths involved in Teslas, however, is that many of the victims were using the company’s autopilot at the time of the accident – a feature many believe will make driving safer....

In a rare instance, the American Bar Association has rated Judge Charles Goodwin, President Trump’s nominee to the Federal District Court for the Western District of Oklahoma, as “unqualified.” This may be puzzling to some as Judge Goodwin has served as a federal magistrate judge in the same court for the past four years. However, whether or not that rating will hold up or prevent his confirmation cannot be predicted with any certainty....

Re-imposition of a sentence upon remand on a defendant convicted of possessing child pornography is vacated and remanded as the district court imposed its original sentence on defendant without considering general deterrence to the population at large and articulating how it avoids unwarranted sentence disparities under 18 U.S.C. section 3553(a). Read US v. Camiscione, No. 08-4294 Appellate Information Argued: December 1, 2009 Decided and Filed: January 13, 2010 Judges Opinion by Circuit Judge Griffin...

Sentence for aiding and abetting assault with intent to rob a post office is affirmed where: 1) the district court did not err in overruling defendant’s objections to the sentencing enhancements without requiring the government to present any evidence as there was sufficient evidence in the record to support each of the enhancements; and 2) the court did not err in imposing an enhancement under Guidelines sec. 2B3.1(b)(4)(B), as one of his accomplices struck a woman attempting to leave the post office during the robbery, thereby physically restraining the victim....

As the Young Bloodz rap, “I’ve got my mind on my money, and money on my mind,” you realize money management is a universal concern. While it may be better to talk to a licensed professional than seek financial advice from hip-hop stars, you can learn valuable lessons from them. Not Having a Will Leads to Unintended Consequences In recent stories covering the shooting death of rapper Takeoff, reports are coming in that his parents are fighting over his $26 million estate....

From 2006 to 2011, Emerson Callum and Lavont Flanders posed as talent scouts on ModelMayhem.com, a social network for aspiring models. The duo would lure women to Miami under false pretenses, then drug and sexually assault them on tape, marketing the videos as pornography. Both were eventually convicted and received life sentences. In 2008, Internet Brands purchased ModelMayhem.com from its founders. Two years later, the company sued the founders for failing to disclose the potential for liability for civil suits due to the two rapists’ actions....

Though sentencing and interpreting mandatory minimums are routine tasks for judges, some courts just don’t get it right. On Monday, the Seventh Circuit vacated a defendant’s sentence because of two procedural errors made by the district court. Anthony Lyons was a passenger in a known felon’s car when the car was pulled over. The driver had tried to flee arrest on two previous occasions; that, together with Lyons’ nervousness, gave officers a reasonable suspicion to search Lyons....

Denial of Extension of Time to File Brief Reversed In Ahanchian v. Xenon Pictures, Inc., No. 08-56667, plaintiff’s appeal from the district court’s denial of plaintiff’s request for an extension of time to oppose defendant’s summary judgment motion, the court reversed where the district court abused its discretion in denying both the request for an extension of time and the motion to accept the late-filed opposition, and erred in granting defendants’ motion for summary judgment and in awarding attorneys’ fees to defense counsel, because plaintiff’s counsel clearly demonstrated good cause....