Early voting is underway. But that no longer means just an extended session of patriotic Americans lined up, patiently and calmly waiting to exercise their right to vote. Far from it. Now it means shouting matches, taking down signs, and a bunch of other obnoxious behavior. People behaving badly seems to be a bipartisan affair, as well. In one Pennsylvania county, sheriff’s deputies have been called in to provide security at local polling places....
Let’s say you get a call from a client, a company that makes approximately a bazillion dollars annually. The company wants to sue its excess insurer for not ponying up the liability limits of an excess policy. This is the time to remind your client of any relative condition precedent: “Your contract states that coverage won’t kick in until X happens. X has not happened. They don’t have to pay you a dime....
In US v. Taylor, No. 09-3019, the court faced a challenge to the district court’s grant of defendant’s motion to suppress evidence in his conviction for being a felon in possession of a firearm and ammunition. At issue was whether a femal tenant of the apartment, where defendant was found pursuant to a state warrant for his arrest, had apparent authority to consent to the search of a shoebox. In concluding that there was ambiguity over whether the tenant had mutual use or control of the shoebox and that the officers failed to cure this ambiguity by asking either the tenant or defendant to clarify the situation, the court reversed the district court’s denial of motion to suppress as the tenant lacked the apparent authority to consent to the search of the shoebox....
Religious discrimination in hiring and employment, prohibited under Title VII of the Civil Rights Act, does not require actual knowledge of a victim’s religious beliefs, the Supreme Court announced Monday. A discriminatory motive is enough, whether it’s based on actual knowledge, suspicion or “merely a hunch.” Scalia, who authored the majority opinion in the 8-1 case, described it as a “really easy” verdict. The case comes after Abercrombie and Fitch, the retailer with the overpriced jeans and soft-core advertising, refused to hire Samantha Elauf because she wore a head scarf....
In an action under the Fair Debt Collection Practices Act (FDCPA) alleging an improper debt collection lawsuit, judgment on the pleadings for defendants is affirmed where a cause of action for tortious conversion does not constitute a debt within the meaning of the FDCPA. Read Fleming v. Pickard, No. 07-35979 Appellate Information Submitted May 7, 2009 Filed September 9, 2009 Judges Opinion by Judge Paez Counsel For Appellants: James Sturdevant, Bellingham, WA...
Petition for a writ of mandamus seeking the recusal of the respondent district judge currently presiding over a criminal action is granted where the Government has established that a reasonable, well‐informed observer might question the impartiality of the judge. The judge is directed to remove himself from further proceedings in this matter, and all orders entered by the judge after the motion for recusal was filed must be vacated. Read In re US, No....
Judge Malcolm Howard was definitely not trying to make a fashion statement. But in Peltier v. Charter Day School, he had to make a statement about the dress code at a school for students from kindergarten through eighth grade. The charter school required girls to wear skirts and boys to wear pants. The judge said that violated the Equal Protection Clause. He didn’t say dress codes have to be the same for boys and girls; however, this was only about pants....
This post was updated on January 10, 2022. The legal industry has long sought to move the needle on diversity and inclusion. However, progress is slow. That is why it is good to recognize law firms that are having success. Several organizations have released lists of firms prioritizing getting attorneys of color, LGBTQ+ individuals, and attorneys with disabilities into firm leadership positions. The Mansfield Rule 5.0 In October 2022, Diversity Lab announced that 165 large law firms had achieved Mansfield Rule certification....
Whether you’re a non-lawyer, law student, or an attorney who is in the vicinity of the Eighth Circuit Court of Appeals, the appeals court would be honored to have you in attendance at its program, “Understanding the Appeals Process,” as part of its Adult Program Series. It’s a touristy event geared towards non-legal folk, which makes it a perfect event for your young adult children to attend and learn a little about the legal process....
After Michael Keaton retired his Batsuit in the early 90s, he went on to star with Andie McDowell in Multiplicity. We watched it. In a theatre. It was terrible. For years, we’ve blocked out the word “multiplicity” because it prompts cinematic PTSD episodes. Today, we’re overcoming that obstacle to discuss how it applies to improper sentencing in Tenth Circuit appeals. Defendant Darryn Frierson and 19 co-defendants were charged in a multiple-count indictment with alleged criminal activities as members of the Crips street gang....
This case is a jurisdiction doozy. Brand, an Ohio corporation, operates a popular website called celebrity-gossip.net, which asks the tough questions like, “Is Robert Pattinson the sexiest man on the planet?” The site is consistently robbed of journalistic accolades for its hard-hitting reporting on stories like, “Shiloh Jolie-Pitt named most influential infant.” Mavrix is a celebrity photo agency, (read: paparazzi machine), that shoots, sells, and licenses celebrity photographs. It is based in Florida....
It’s hard to criticize the arresting officer here. One poorly-translated synonym may have cost this conviction, but, even with years of Spanish classes in high school and college, it’s easy to see how one could make a similar mistake, especially if their Spanish has gotten as rusty as mine has. Jeronimo Botello-Rosales was arrested on marijuana charges. Because he isn’t fluent in English, the officer tried to provide the requisite Miranda warnings en Español....
Can a commercial establishment legally refuse to let you in the door if you’re not wearing a protective face mask? Or ask you to leave if you’re already inside? Absolutely. You’ve probably seen many a sign saying, “No shirt, no shoes, no service.” As long as stores aren’t violating the federal Civil Rights Act by singling out a class of people for exclusion, they generally make the rules for their property....
President Biden’s seventh round of judicial nominations is true to his promise of ensuring that U.S. courts reflect the country’s diversity. For the Ninth Circuit Court of Appeals, he nominated candidates who, if appointed, would be the first Korean-American woman federal appellate judge, the second Black woman to serve on the Ninth Circuit, in addition to a Latino nominee. Judge Lucy H. Koh Judge Lucy H. Koh, 53, is a double-Harvard graduate who has been on the bench since 2008....
Here’s a question for you: How do you prove that you were ill? In the absence of proof, how do you prove that two years after the fact? That’s what attorney Michael Finn is wondering. Background Michael Finn represented Kenneth Clark in the appeal of his criminal conviction for possession with intent to distribute crack cocaine. Oral arguments were scheduled for April 14, 2011, and on that date, Finn didn’t show up to oral arguments....
Last week, the Supreme Court granted cert in a group of cases that will likely be some of the most watched of the term – the contraception mandate cases – one of them originating in the Third Circuit. In Conestoga, the Third Circuit held that a private, secular, for-profit corporation could not exercise religion. As such, Conestoga Wood Specialties Corp. could not deny its employees birth control under the Affordable Care Act....
We’d be shocked if abortion doesn’t come before the Supreme Court next term, but it won’t come in the form of North Carolina’s invasive abortion ultrasound law. The High Court denied review of the Fourth Circuit’s ruling invalidating the law, which required women to undergo a state-mandated ultrasound and scripted description of the fetus. In not taking up the case, the Court leaves in place a broad split between the Fourth Circuit and the Fifth and Eighth, which have upheld similar “display and describe” laws....
In an action involving insurers’ coverage obligations for certain insurance claims, judgment for plaintiffs is affirmed where the district court did not abuse its discretion in admitting into evidence certain computer-generated summaries of payments made on insurance claims. Read U-Haul Int’l., Inc. v. Lumbermens Mut. Cas. Co., No. 07-16187 Appellate Information Argued and Submitted January 15, 2009 Filed August 12, 2009 Judges Opinion by Judge Wallace Counsel For Appellants: Michael C....
In an enforcement action brought under the Clean Water Act, district court judgment is affirmed where: 1) the Army Corps of Engineer has jurisdiction over the wetland in question under Clean Water Act sec. 309(b) if either the plurality’s test or Justice Kennedy’s substantial nexus test in Rapanos v. US is satisfied; 2) defendant’s property met the substantial nexus test as it was situated in a wetland adjacent to navigable-in-fact waters; 3) the court did not err in admitting the Corps’ expert evidence establishing the existence of wetlands as the evidence was reliable and satisfied the Daubert test; 4) the court’s order requiring Bailey to restore the wetlands in question was not arbitrary or capricious, and did not violate defendant’s equal protections rights; and 5) the court did not abuse its discretion in issuing a permanent injunction ordering defendant to restore the wetland to its pre-violation condition....
Last week, Google settled an age discrimination lawsuit, agreeing to pay $11 million to more than 200 applicants over the age of 40. Plaintiffs claimed the tech giant denied them jobs because of their age, alleging “a systematic pattern and practice of discriminating against older people.” The lawsuit and settlement shine a light on age discrimination at some off the nation’s largest companies. But what does it mean for older job applicants, at Google and elsewhere?...
