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In plaintiff Indian tribe’s appeal from a denial of a preliminary injunction in an environmental challenge to the Bureau of Land Management’s approval of a gold mining project, the order is affirmed in part where, given the thorough consideration of the project’s impact on the tribe’s religion (which was approved after more than two years of study and consultation with the tribes and with the public), the tribes had not satisfied their burden of showing a likelihood of success on the merits of their Federal Land Policy Management Act claims....

The Supreme Court sided with a Texas police officer this Monday, ruling that he had qualified immunity for shooting at, and killing, a fleeing suspect. In an unsigned, 8-1 per curiam opinion, the Court agreed that state trooper Chadrin Mullenix didn’t violate any clearly established constitutional rights when opened fire on a vehicle fleeing from the police, killing the driver. The sole dissenting voice was that of Justice Sotomayor, who argued that an untrained officer, firing into the dark at oncoming traffic, certainly violated unmistakable Fourth Amendment rights....

The Third Circuit Court of Appeals recently held that Philadelphia could not enforce its ban on flavored tobacco products. The 2019 city ordinance aimed to combat spikes in tobacco use by minors, but the Third Circuit sided with cigar manufacturers and distributors in concluding that state law preempted the ban. Access this decision and thousands more with a free trial of Westlaw Edge. City Ordinance Attempts to Curb Tobacco Use in Kids Flavored cigarettes (except menthol) were nationally banned in 2009 as part of the Family Smoking Prevention and Tobacco Control Act....

Sentence for Reentry After Deportation Affirmed In US v. Garcia-Jimenez, No. 09-50304, the court affirmed defendant’s sentence following his guilty plea to one count of being an illegal alien found in the U.S. after deportation where the district court properly: 1) calculated defendant’s criminal history category under the Sentencing Guidelines, adding two criminal history points under U.S.S.G. section 4A1.1(d), which requires additional points “if the defendant committed the instant offense while under any criminal justice sentence, including ....

Defendant’s drug possession conviction and sentence are affirmed where: 1) a pat-down search of defendant was reasonable due to the officer’s concern for his safety; 2) defendant was not prejudiced by the district court’s preliminary instruction that the jury may hear evidence that defendant had previously been convicted of a prior drug offense; and 3) 18 U.S.C. section 841 did not require that the government prove a defendant was convicted under a particular statutory provision, but only required proof of a prior felony drug offense....

In a prosecution for possession of child pornography, grant of defendant’s motion to suppress evidence seized during a search of his home, as well as statements he made during the execution of the search warrant is reversed where: 1) even if probable cause did not support issuance of the warrant, the federal agent demonstrated a prima facie case of good faith by obtaining a warrant in the first instance; and 2) although there was some delay between the transmission of child pornography to defendant and the issuance of the warrant, the delay was not so great as to overcome the presumption of good faith, nor was there anything impermissible in including information related to the practices of child pornography “collectors” given that numerous images of child pornography were sent to defendant....

Walmart stores have been in the news numerous times for alleged crooked practices. In a recent Third Circuit Court of Appeals case, the court rejected numerous claims against the retail giant. The facts and allegations of the case are more interesting than the underlying legal arguments. We’ll touch more on the facts in the case for this end-of-week blog post, but if you’re interested in reading the legal arguments further, have a look at the Third Circuit’s opinion....

Checking in to the hospital can be scary for anyone. This is especially true for older people, who generally suffer more serious ailments and need longer hospital stays to recover. They are also more likely to be confused by healthcare terms or medical providers or misled regarding their medical treatment. It’s important for older adult patients and their friends and family members to know and advocate for their rights as a patient....

If you rush, you can probably still order a present for that aunt or cousin you forgot about and have it arrive on time for the holidays. (You have ’til Friday.) That last-minute order will be online, of course. You wouldn’t be alone. This holiday season, online retailers are expecting to see double-digit growth in internet sales. Many of those sales won’t be taxed by the states. Some states are trying to change that, adopting laws meant to recover sales tax that would otherwise be paid by shoppers at brick-and-mortar stores....

A trademark dispute over Pudgie’s pizza and pasta chain made its way up to the Second Circuit recently, as members of this “once-convivial family” fought over control of the Pudgie’s franchise. The dispute pit cousin against cousin in an almost-literal food fight over who had the rights to the Pudgie’s mark, and whether one cousin had obtained those rights by fraud. From Family Company to Family Dispute New Yorkers might be aware that one of the well-known Italian-American food chains known as “Pudgie’s” first began as a small outfit named after one of three brothers who started the restaurant, Charles “Pudgie” Cleary....

Aereo is not making any friends in the broadcast industry, and frankly, it doesn’t give a damn. Lawsuits have been filed in the First Circuit, Second Circuit, and the Tenth Circuit. Though the Supreme Court granted cert in the case originating in the Second Circuit earlier this year, the U.S. District Court for the District of Utah agreed to hear arguments, which happened Tuesday. Why would the district court go ahead with arguments?...

An atheist group has lost its appeal in the Second Circuit, where it sought to have “The Cross at Ground Zero” – the well-known steel-beam cross from the World Trade Center wreckage in New York City – removed from the September 11 museum. “The Cross at Ground Zero” was a steel beam found among the debris of the World Trade Center after the 9/11 terrorist attacks that formed the shape of a Latin cross....

It certainly sounds like a ridiculous question, until you hear that Pennsylvania’s Wyoming Valley West School District sent a threatening letter to about 40 families with at least $10 in school lunch debt. “Your child has been sent to school every day without money and without a breakfast and/or lunch,” the letter read. “This is a failure to provide your child with proper nutrition and you can be sent to Dependency Court for neglecting your child’s right to food....

It is not your imagination if you notice more traffic crashes on roadways. Total traffic deaths hit a record high in 2021, with 42,915 deaths reported in 2021, over a 10% increase from 2020. Drunk Driving Statistics Drunk driving, driving while intoxicated (DWI), or driving under the influence (DUI) means driving with a blood alcohol concentration (BAC) of 0.08 or higher. Underage drinking is a problem and is responsible for drunk driving accidents....

Two pharmacists pleaded guilty to felony charges for illegally distributing controlled substances in Colorado. Stanley G. Callas and Scott Alan Eskanos entered guilty pleas in federal court, where they will be sentenced in March. The case reaffirmed Colorado’s commitment to enforcing drug laws as the state suffers through the deadliest year of overdoses in its history. Opioid Sales The pharmacist cases stem from sales as far back as 2012, when Callas and Eskanos distributed controlled substances from their Crown Point and Sky Ridge pharmacies....

In the closely watched Lucia v. SEC matter, the High Court has ruled in favor of the petitioner, who sought to fight the decision of the SEC’s administrative law judge by challenging the ALJ’s appointment. Unfortunately for the petitioner, although he did win, the Court hasn’t done anything more than give the SEC a second chance to hear his case. The silver lining, at least, is that he won’t have to go up in front of the same judge....

The City of Momence, Illinois fired Steven Cromwell, a former police lieutenant, after an incident of alleged alcohol-related misconduct. He sued, arguing that his termination was procedurally inadequate under the Fourteenth Amendment Due Process Clause, because that’s what all the kids are doing these days. Momence city regulations provide that probationary employees may be terminated at any time for any reason, but omit similar language when it comes to nonprobationary employees....

If law firm morale is slumping three months into the year, it’s too late for a New Year’s Eve party to cheer things up. Spring break might give people a chance to recharge, but it takes more to create lasting change in lawyers. Workplace malaise requires more than a placebo. Your remedy might be to hire a well-being specialist. Here are some of the signs that your firm needs one:...

The Third Circuit sadly lost one if its District Court judges this week. Louis Heilprin Pollak died Tuesday of heart failure in his West Mount Airy home. He was 89. He leaves behind five daughters and seven grandchildren. Judge Pollak was nominated in 1978 by President Jimmy Carter. He was best-known for his extensive civil rights work, and many years of service in the legal field as a lawyer, judge, and an academic....

The California Supreme Court ruled this morning that ProtectMarriage has standing to challenge retired Judge Vaughn Walker’s 2010 ruling striking down California Prop 8. The case will now return to the Ninth Circuit Court of Appeals for a determination on the constitutionality of the law. Prop 8 standing is a critical issue in California’s ongoing same-sex marriage debate because Gov. Jerry Brown and Atty. Gen. Kamala Harris refused to appeal Judge Walker’s decision....