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In habeas proceedings claiming ineffective assistance of counsel, district court’s denial is reversed and remanded with instructions to conditionally grant the writ where counsel’s joint or dual representation of defendant and co-defendant resulted in an actual conflict that affected defendant’s representation in violation of his Sixth Amendment rights. Read McElrath v. Simpson, No. 07-5505 Appellate Information Argued: January 21, 2010 Decided and Filed: February 12, 2010 Judges Opinion by Circuit Judge Guy...

A lawsuit filed against Michigan State University late last year is now poised to have a profound impact on claims against universities accused of mishandling sexual misconduct complaints. A male student, referred to as John Doe in the lawsuit, was suspended from the university for two years following a sexual assault report made against him. In his complaint, John Doe alleges that the university relied on gender bias in its investigation of the sexual assault claims against him and failed to afford him the requisite presumption of innocence until proven guilty....

Buck up, Buckeye lawyers! If you’re looking for codes in the great state of Ohio, FindLaw has you covered. The world’s number one legal website (that’s us!) is now offering Ohio’s revised code and constitution online, mobile-friendly, and entirely free. So, if you need to know about laws governing beehives in Canton, or mortgages in Cincinnati, or Columbus Day in Columbus, we’ve got you covered. FindLaw’s new Ohio Revised Codes and Constitution section comes via our partnership with Thomson Reuters Westlaw, FindLaw’s sister company....

A tipster who reported his firm’s securities violations before the passage of the Dodd-Frank Act cannot collect a whistleblower’s reward under that Act, the Second Circuit has ruled. Under Dodd-Frank, whistleblowers can collect 10 to 30 percent of the money recouped from a successful SEC enforcement action based on their information. In 2011, Stryker filed for just such an award. The SEC refused, arguing that since he offered information before the passage of Dodd-Frank, he was not entitled to to the $2 to $6 million that would otherwise be his share under the Act....

Things get kind of nutty when state law and federal law don’t quite match. Couples in the states that recognize same-sex marriage and civil unions deal with the discord between their state marital rights and the federal lack thereof. Medical marijuana patients similarly face obstacles posed by the gap between state acceptance of medical marijuana and federal classification of marijuana as a Schedule I drug. Much as same-sex couples’ DOMA challenges are gaining traction in federal courts, medical marijuana challenges are also becoming more common....

The Oklahoma Supreme Court once again addressed the state’s sloppily-drafted law regulating (or banning) drug-induced abortions, and this time, the opinion was longer than three paragraphs. After the state court dispatched the law with a series of citations and unelaborated assertions, the U.S. Supreme Court granted conditional certiorari in the case, pending the receipt of answers to two certified questions to the state court. The answers are in, and for state lawmakers and pro-life advocates, they aren’t good....

In an action by an Indian tribe seeking a declaration that the tribe retained the right to fish in a lake without government regulation, summary judgment for defendant is affirmed where any fishing rights the tribe may have reserved were abandoned when the tribe removed west of the Mississippi. Read Ottawa Tribe of Okla. v. Logan, No. 08-3621 Appellate Information Argued: March 5, 2009 Decided and Filed: August 18, 2009...

On Thursday, the Ninth Circuit Court of Appeals affirmed a district court decision to dismiss a case against Hewlett-Packard, finding that the district court did not err in requiring Plaintiffs to allege the existence of an unreasonable safety defect. Cass Wilson sued Hewlett-Packard (HP) alleging that the computer giant concealed a design defect in its Pavilion Notebook computers that manifested after the expiration of the warranty in violation of California’s Consumers Legal Remedies Act (CLRA) and Unfair Competition Law (UCL)....

Ahead of the Global Youth Climate Strikes that took place worldwide over the weekend, Florida high school senior Elijah Ruby handed out fliers on campus advertising the event. According to the Miami Herald, Ruby had previously been a part of his school’s Maritime Magnet program with a maritime industry-related curriculum that encouraged environmental stewardship of coral reefs and oceans. But Ruby says a school administrator suspended him over the fliers, and told him he’d also be banned from the school’s prom and other class events....

In a burglary prosecution, a grant of petitioner’s habeas petition is affirmed where a state court’s approval of the trial court’s instruction, directing the jurors to the evidence the judge believed supported conviction, crossed the boundary from appropriate encouragement to exercise the duty to deliberate in order to reach a unanimous verdict, and went into the forbidden territory of coercing a particular verdict on the basis of the judge’s selective view of the evidence....

The big telecom merger between Sprint and T-Mobile looked like it was going to happen without any real hiccups. That has now changed as attorneys general from nine states and the District of Columbia have filed antitrust actions seeking to stop the merger. States usually differ from the DOJ’s decision on whether to pursue antitrust actions related to mergers, and the FCC chairman had already approved of the deal. However, the state AGs see the merger as damaging for innovation and consumers, and they didn’t want to wait to put a stop to it....

The right to confront adverse witnesses? “I don’t think that applies here, Your Honor.” Ricky Lee Johnson was on supervised release after serving a 15-month sentence for conspiracy to possess stolen mail. Unfortunately for him, he was later arrested for second-degree forgery and theft of property. He also failed a drug test and skipped out on rehab. It should’ve been a simple revocation hearing, but alas, the government’s attorney failed to subpoena any witnesses or produce evidence, other than a police report....

If you want to look thinner, try stripes, Court watchers learned yesterday. For extra slimming, look for clothes with “waist-narrowing V’s.” No, the justices weren’t advising Alito on the best way to wear a black robe. They were hearing oral arguments in a dispute over copyright protection for cheerleader uniform designs, arguments which quickly turned to how Kate Winslet chooses clothing to flatter her figure. Let’s start with Kate Winslet and stripes....

Want to prove legal malpractice in Missouri when it comes to international investments? According to the Eighth Circuit, you’re going to need an expert witness for that. Phil Rosemann sued Martin Sigillito for legal malpractice after Sigillito absconded with a large part of a $15.6 million dollar loan, ultimately leading to his conviction for wire fraud and money laundering. The Sigillito saga was “one of the biggest [P]onzi schemes to ever bef[a]ll St....

The Seventh Circuit has once again proclaimed its appreciation for the ostrich, and continues to perpetuate the myth that ostriches stick their heads in the sand. In a drug case, the Seventh Circuit revisited the purpose and meaning of the ostrich instruction, and gave the district court the proverbial bird, as it reinstated the jury’s conviction. Christian Gonzalez was indicted and charged with two counts: conspiring to possess with intent to distribute over 1,000 kg of marijuana, and possession with intent to distribute over 1,000 kg of marijuana....

Here’s a case out of the Eighth Circuit Court of Appeals involving the Family Medical Leave Act (FMLA). The case deals largely with the factual scenario surrounding the FMLA and a former Department of Economic Development employee. In 2005, plaintiff David Miller’s father was diagnosed with prostate cancer. In 2006, his father was diagnosed with stage IV terminal lung cancer. Miller regularly obtained leave from work to take his father to appointments....

The (fed up) Eighth Circuit Court of Appeals threatened to impose its own sanctions on a rogue “show me the note” attorney in Minneapolis for continuing to file appeals, using legal arguments that have been repeatedly rejected by the district court in Minnesota as well as the federal appeals court. This is the third time in five days that the Eighth Circuit appeals panel has upheld the dismissal of a Butler lawsuit....

A three-judge panel of the Ninth Circuit has unanimously found in favor medical marijuana users by declaring that DOJ prosecutions of users is forbidden under Consolidated Appropriations Act sec. 542. In plain English, the Ninth Circuit said: “DOJ, stop wasting money going after otherwise state-law observant medical pot users.” Money Issue According to the Ninth Circuit’s reading of CAA sec. 542 as it relates to the Controlled Substances Act, the law prohibits the Department of Justice from “spending funds to prevent states’ implementation of their medical marijuana laws....

Back in April, one thought on many people’s minds was whether the coronavirus pandemic would abate in time to celebrate Easter with loved ones. Oh, how innocent we were. Now with October approaching and domestic COVID-19 case numbers still rising, the latest holiday celebration to be called into question is Halloween — will people still be able to celebrate, or will they face legal consequences for doing so? Trick-or-Try Again Next Year Los Angeles County recently announced a ban on trick-or-treating, then quickly had to backtrack amid widespread criticism....

A Chicago woman is being sued for defamation by a realty company that claims her tweet detrimentally affected the company’s reputation. Horizon Group Management is all atwitter from Amanda Bonnen’s 140 character or less entry that included, “Who said sleeping a moldy apartment was bad for you? Horizon realty thinks it’s okay.” The case was filed in Cook County court specifically claiming that the tweeter “maliciously and wrongfully published the false and defamatory tweet on Twitter, thereby allowing the tweet to be distributed throughout the world....