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We’re a bit exhausted by all of the crack cases, and truthfully, if we had our druthers, we’d never report on another run-of-the-mill Fair Sentencing Act case again. Except, thanks to the Sixth Circuit, there is no run-of-the-mill. To recap their exploits, they decided one case (Hammond) that said that the Fair Sentencing Act’s reduction of mandatory minimums in crack cocaine cases did not apply to those who had been sentenced before the law’s passage....

Fensterstock v. Educ. Fin. Ptnrs., No. 09-1562, involved defendant’s appeal from the district court’s denial of its motion to compel arbitration. The court of appeals affirmed on the ground that the arbitration clause of the promissory note at issue was unconscionable under California law because of its class action waiver provision. As the court wrote: “Plaintiff Joshua G. Fensterstock commenced this action asserting state-law claims on behalf of himself and others similarly situated, alleging that defendants Education Finance Partners (“EFP”) and Affiliated Computer Services, Inc....

A class of consumers led by the pension fund IBEW got effectively de-classed by the Eighth Circuit when it ruled that the lower court had abused its discretion in certifying that a class held together by common issues. The decertification is a major victory for Best Buy as it will mean that cases will most likely have to be brought individually – if at all. Earnings Are “on Track” The controversy first began back in 2010 when IBEW and consumers sued Best Buy and its executives for statements the executives made in September of 2010....

In a personal injury action, district court’s grant of defendants’ motion for summary judgment is affirmed where: 1) district court properly granted summary judgment to defendant-business owner, as plaintiff has not presented any evidence that the fall was a result of an unnatural accumulation of ice or an aggravation of an existing condition; 2) district court properly granted summary judgment to defendant-property owner, as mere presence of snow and ice does not demonstrate negligence; and 3) there is no evidence that the ice was anything other than a natural accumulation, and as the duty to maintain a safe ingress and egress does not include the removal of natural accumulations of ice, there is no viable claim here....

In a union’s petition for review of an NLRB decision finding lawful an employer’s termination of non-union employees for having picketed a health clinic, the petition is granted, where the distinctions Congress made in 29 U.S.C. section 158(d) between striking and picketing indicate an intent to protect an employee from such discipline imposed by reason of participation in picketing without the notice required of labor organizations by Section 158(g). Read Civil Service Employees’ Association v....

In Reger v. Nemours Found. Inc., No. 08-2875, the Third Circuit faced a challenge to the district court’s approval of Clerk’s award of defendant’s costs following an entry of summary judgment against the plaintiffs in their medical malpractice suits for the death of their children. As stated in the decision: “In Smith, we held that if the losing party can afford to pay, the financial disparity in the parties’ financial resources seems to us to be irrelevant for purposes of Rule 54(d)....

Tobacco companies don’t like Richard “Dickie” Scruggs, the Mississippi plaintiff’s attorney famous for leading 46 states toward a $246 billion tobacco settlement in 1998. Scruggs cost Big Tobacco a lot of money, and the companies, no doubt, were secretly pleased when Scruggs pleaded guilty to federal bribery charges 10 years later. Scruggs’ downfall, however, was not sufficient vindication for tobacco companies driven out of business by the epic ’90s settlement. A challenge to the tobacco settlement is back in the courts....

Order of the Benefits Review Board reversing an Administrative Law Judge’s award of black lung benefits on a widow’s claim filed by petitioner under the Black Lung Benefits Act after her husband died of metastatic lung cancer is affirmed as the Board did not err in concluding that the decedent’s treating physician’s opinion was insufficient to carry the widow’s burden of proof, based on the standard previously articulated in Eastover Mining Co....

In a consolidated appeal of orders of the United States Tax Court assessing income deficiencies against former business partners engaged in an abusive tax shelter known as “Son-of-Boss”, the tax court had jurisdiction over the deficiency proceedings but the case is remanded for consideration of whether certain components of the deficiencies were time-barred. Read Desmet v. Comm’r of Internal Revenue, No. 08-1598 Appellate Information Argued: March 10, 2009 Decided and Filed: September 17, 2009...

Not every business needs a license. You can open an online store with no license, depending on what you are selling, of course. If you are selling books or clothes or crafts made in the US, you will not need any special license. But if you would normally need a license to sell a particular item, warns Entrepeneur – say, food, medical devices, diet pills, or nutritional supplements – selling online does not relieve you of your legal obligations....

Nearly half the States, and municipalities across the country, have laws on the books specifically protecting transgender workers from workplace discrimination. However, courts are currently split on whether Title VII’s listing of “sex” as a protected class covers transgender people. As such, the question of what federal protections exist for transgender workers remains unclear. This fall, the Supreme Court is set up to take the most important case on the issue to date....

GenOn REMA, LLC owns Portland Generating Station, (collectively “GenOn”), a Pennsylvania electricity generating facility, run by coal, located across the Delaware River from New Jersey. A mere 500 feet away, New Jersey suffered from high levels of sulfur dioxide emissions resulting from GenOn. The issues revolved around the interpretation of two sections of the Clean Air Act. Section 110, also known as the “good neighbor provision,” requires states to create state implementation plans (SIPS) to meet national ambient air quality standards (NAAQS)....

In a breach of contract action, district court judgment is reversed where: 1) the court erred in its grant of summary judgment for defendant on the estoppel claim as it failed to take costs and attorney’s fees into account when considering whether a judgment against defendant would result in a double recovery; and 2) the court should not vacated the judgment in plaintiff’s favor on the Illinois Insurance Code sec. 155 claim....

Employment numbers for new attorneys are looking better than they have for more than ten years, but that doesn’t necessarily mean legal jobs are falling into graduates’ laps. A recent survey found that 52% of new JD grads say the job search process required more time than they anticipated. Whether you’re graduating in December, May, or somewhere in between, planning for your job hunt is almost as important as doing well in your classes....

Grant of Certiorari Vacated In Madison Cty. v. Oneida Indian Nation of N.Y., No. 10-72, an action concerning an Indian tribe’s collection of property taxes, the Supreme Court vacated a grant of certiorari and remanded to the Second Circuit where that court needed to address, in the first instance, whether to revisit its ruling on sovereign immunity in light of new factual developments, and – if necessary – proceed to address other questions in the case consistent with its sovereign immunity ruling....

Will a 43-foot cross soon be removed from a San Diego hilltop? The Ninth Circuit Court of Appeals, in a 6-5 vote, denied a rehearing request this week in a case debating whether the Mount Soledad Cross violates a constitutional ban on the government endorsement of religion. The cross and the veterans’ memorial on Mount Soledad have generated controversy for more than 20 years. For most of its history, the Cross served as a site for annual Easter services....

US v. Orr, 08-2267, concerned a challenge to a conviction of defendant for attempting to persuade or induce a minor to travel in interstate commerce to engage in sexual activity and using a facility of interstate commerce to do so, arising from online communications with an undercover police officer. In affirming the conviction, the court held that any attempt by defendant to assert entrapment during trial would have been futile because it is well settled that, absent extraordinary promises, making a defendant a criminal offer does not constitute government inducement, and all factors indicate that defendant was predisposed to commit the charged offense....

In a products liability action, dismissal of plaintiff’s claims is affirmed where: 1) plaintiff’s failure to plead that the product defect involved had ever manifested itself in their baby crib was fatal to their case as the purchasers of an allegedly defective product have no legally cognizable claim where the alleged defect has not manifested itself in the product they own; and 2) the court did not abuse its discretion in denying plaintiffs’ motion to amend their second amended complaint as plaintiffs did not follow applicable procedural rules....

New Jersey officials, as well as environmental activists, are challenging seismic studies from just 15 miles off Barnegat Light, reports The SandPaper. The parties requested a preliminary injunction, which the district court denied. Earlier this week, the Third Circuit also declined to grant the preliminary injunction. Let’s take a closer look at the legal – and environmental issues – at stake. No, not that Jersey Shore – the actual coast of New Jersey – 230 miles of ocean – is the designated location for seismic testing, for a climate change study, conducted by the University of Texas at Austin and Rutgers University and funded by the National Science Foundation, reports The SandPaper....

A California judge refused to intervene in San Francisco’s decision to remove a controversial statue from the public square last year. The “Early Days” statue depicts a Native American on his back, seemingly subdued by a triumphant vaquero standing next to a Catholic priest. It had been on public display for 124 years, but Native Americans and others called it racist and demanded the city remove it. City officials complied, but two plaintiffs sued to reverse that decision....