Wise v. Verizon Comms., Inc., No. 08-35866, involved an ERISA action based on the termination of plaintiff’s disability benefits. The court of appeals affirmed the dismissal of the complaint in part, holding that 1) plaintiff did not allege that the plan as a whole incurred an injury as a result of the Plan Administrators’ mishandling of her claim; and 2) plaintiff’s state law claims were preempted because her complaint necessarily referenced an ERISA plan....
Petition for review of a decision of the Board of Immigration Appeals affirming a denial of Albanian petitioners’ applications for asylum and related relief is granted and BIA’s decision vacated and remanded for reconsideration of the petitioners’ motion to file their brief out-of-time as the Board was required to consider relevant factors that supported petitioners’ claim that they never received notice of their asylum proceedings, along with any others of which it might be aware, and to explain its decision in light of them....
With social networking sites like Facebook, Twitter, and gossip sites like Campus Gossip, it is getting easier and easier to ruin a regular person’s reputation with just a few keystrokes. While cyber bullying seems pretty harmless to most people, it is actually a serious legal problem. When you post something online about another person that can ruin his/her reputation, you run the risk of being held liable for digital defamation or libel....
The story of the conspiracy to riot charges filed against anti-war protestors in Chicago in the summer of 1968 has been told numerous times and in numerous formats. The latest is from Aaron Sorkin’s “The Trial of the Chicago 7.” Netflix began streaming the movie on October 16. Some Liberties With the Facts As with any dramatic retelling, the movie takes some liberties with the historical account and timeline. What it didn’t have to make up, however, was the surprising antics of the defendants, who did indeed mock the judge, eat candy during the trial, and try to disrupt the proceedings as much as possible....
In a win for conservation and climate activists, a federal judge recently struck down Trump-era Endangered Species Act regulations. This enables the Biden administration to issue its own regulations that consider the impact of climate change on the environment. According to the United Nations, the world is facing an extinction crisis. Studies suggest that approximately 1 million animal and plant species face extinction, many within decades. The suspected cause is climate change....
Prisoner’s Possession Sentence Affirmed In Ferguson v. US, No. 10-1127, the court affirmed defendant’s sentence for possession of a prohibited object in prison where 1) the district court imposed an upward variance and thus was not required to follow the procedural requirements for departing; 2) there was no plain error in the procedural adequacy of the court’s consideration; and 3) although some might argue that there was a degree of unfairness when non-personal characteristics contributed to a sentence, here the district court’s focus on deterrence and its balancing of the section 3553(a) factors did not make the sentence unreasonable....
Here at FindLaw, we understand the pressures of being a legal professional - most of us are recovering lawyers - so we want to help by tossing you that preferred life preserver of the legal profession, the short list. Today’s offering: five things to know about the Supreme Court healthcare appeal. While it’s officially called the Patient Protection and Affordable Care Act, and popularly known as Obamacare, the healthcare law made news again this week when a conservative advocacy group filed a petition challenging the law with the Supreme Court....
Food labels make many claims. But increasingly, the food companies behind the labels that make those claims are facing court challenges over them. Food labeling lawsuits are nothing new; they’ve existed for years. But according to the New York Times, these claims are now “surging” because “advocacy groups” have been frustrated in their efforts to convince federal regulators to increase their oversight of the nation’s food supply. The demand for healthy food is increasing, and these plaintiffs are contending that some food producers are attempting to exploit that demand with misleading labels....
We’ve got good news for legal professionals in the Volunteer State. FindLaw has just released its new Tennessee Code and Constitution section, giving you access to the best source of Tennessee state laws you can find. So, if you’re looking for information how to execute a will in Nashville or need to research state property law in Memphis, you can find those laws on FindLaw, in our brand new codes section that’s easy to use, mobile-friendly, and totally free....
In O’Meara v. Feneis, No. 09-2161, a prosecution for second-degree criminal sexual assault, the court affirmed the denial of petitioner’s habeas petition, holding that the Minnesota Court of Appeals’ decision that Blakely did not apply retroactively to the determination of petitioner’s sentence was not contrary to, and did not involve an unreasonable application of, clearly established federal law. In US v. Townsend, No. 09-3175, the court affirmed defendant’s bank robbery sentence, holding that the district court was clearly aware of the facts alleged by defendant and took them into account, and on the existing record, defendant was required to show more than the fact that the district court disagreed with his view of what weight ought to be accorded certain sentencing factors....
After a long drawn out battle over a song that was released nearly 20 years ago, this case may be getting some finality – or maybe it’s just a little closer. It’s no secret that the song Big Pimpin features a significant sample from the song Khosara Khosara. Listening to the two, it’s clear. Interestingly, Timbaland actually did pay $100,000 to license the song. And luckily for the U.S. artists, a panel of the Ninth Circuit Court of Appeals recently ruled that Osama Ahmed Fahmy’s claims against Jay-Z and Timbaland lacked standing....
Defendant’s petition for habeas relief procedurally defaulted Kaczmarek v. Rednour, 09-2417, concerned a challenge to the district court’s denial of defendant’s petition for habeas relief from his 1996 murder conviction. In affirming, the court held that defendant’s Apprendi claim is procedurally defaulted as the State’s waiver was unintentional and defendant had an opportunity to address the issue. Further, defendant cannot establish cause and prejudice for the default, or the potential for a miscarriage of justice....
COVID-19 has hit the legal industry hard. Large law firms have issued cutbacks, furloughs and layoffs, and many small law firms are wondering if they can remain operational in the suddenly bleak economy. Below is a brief outline of ways in which law firms can help themselves stay operational. A Calm, Measured Approach Panic rarely helps anything. Certainly, panic isn’t the appropriate response to COVID-19. Still, it is clear by now that COVID-19 will have a lasting impact on the legal profession....
In an action involving the termination of an employment agreement, district court’s grant of summary judgment for plaintiff is affirmed where defendant failed to effectively revoke its notice of non-renewal under the parties’ employment agreement, and thus plaintiff was terminated without cause under the agreement and entitled to severance benefits. Read Portell v. AmeriCold Logistics, LLC, No. 08-2985 Appellate InformationAppeal from the United States District Court for the Western District of MissouriSubmitted: March 10, 2009Filed: June 22, 2009...
The Tenth Circuit Court of Appeals reminds us today that the Quiet Title Act statute of limitations favors the government. Before you file a Quiet Title claim, you might want to double check when your client — or her predecessor in interest — reasonably should have known of the government’s right in a disputed property. Anne George lives next to the Gila National Forest in Silver City, New Mexico. She wants to fence her property to corral her horse....
If you’re going to get arrested, try to make sure it happens in one of the six states within the Tenth Circuit Court of Appeals’ jurisdiction. Not that it’s ever a good idea to have a run-in with the law, but at least the Tenth Circuit states aren’t required to hand over your federal mugshot at the drop of a Freedom of Information Act (FOIA) request. Judge Paul Kelly, writing for the panel, noted, “There is little to suggest that disclosing booking photos would inform citizens of a government agency’s adequate performance of its function....
At least five law firms have been the victims of Maze ransomware in the last month. The hacking group Maze uses phishing techniques to sneak ransomware into law firms’ systems. They steal and then encrypt the firms’ data. The hackers then threaten to release sensitive client information if payment is not received immediately. Somewhat unique, however, is the hacking group’s method of “proving" they have stolen the data. They create a website (on the clear web, so anyone can access it) and release parts of the stolen data....
US v. Araujo, 09-1479, concerned a challenge to the district court’s imposition of a minimum recommended term of 235 months, in a prosecution of defendant for trafficking 30 or more kilograms of heroin. In affirming, the court held that the district court did not clearly err in finding defendant responsible for the distribution of 30 or more kilograms of heroin and setting his based offense level at 38, and as such, the sentence the court imposed was within the advisory range corresponding to that offense level and therefore presumptively reasonable....
Conviction for drug crimes and firearms possession is affirmed where: 1) the district court properly denied defendant’s motion to suppress evidence as the Fourth Amendment does not require the issuing judge to record sworn supplementary oral testimony, and thus the judge’s failure to do so did not violate the Fourth Amendment or prevent meaningful review of the probable cause finding; and 2) the failure to record supplementary oral testimony did not constitute a violation of Fed....
Conviction for armed bank robbery and brandishing a firearm is affirmed where the court did not err in denying defendant’s motion to suppress, as defendant’s mother had actual and apparent authority to consent to the search of his safe, and the government submitted sufficient evidence to conclude that defendant’s mother voluntarily consented to the search through her words and actions. Read US v. James, No. 08-3327 Appellate InformationAppeal from the United States District Court for the Western District of Wisconsin....
