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In Chapter 13 proceedings, the decision of the bankruptcy court in holding that plaintiff’s purchase of a creditor’s claim against the debtors was not valid is reversed where: 1) the bankruptcy court clearly erred in finding that the purchase agreement between the plaintiff and the intermediary did not contain representations about the validity of the claims purchased by plaintiff; and 2) the bankruptcy court abused its discretion in determining that plaintiff’s actions violated Rule 9011(b) and were therefore sanctionable....

Plaintiffs who are fed up with gun violence have tried to sue the companies that make and sell firearms. But a federal class-action lawsuit in Chicago has named an unusual new target in an attempt to reduce gun violence: the state of Illinois. The suit, filed in late 2018 and recently given a green light to proceed by U.S. District Judge Joan Gottschall, argues that hundreds of kids have PTSD and learning disabilities stemming from exposure to gun violence and that the state of Illinois — which is responsible for children’s public education — is partially to blame....

Partial Judgment for Student and School in IDEA Matter In Chavez v. N. Mex. Pub. Educ. Dept., No. 09-2063, an action raising claims against a school district requesting equitable relief, including reimbursement for the efforts of plaintiff’s mother to keep plaintiff at grade level while he was out of school, and seeking injunctive, declaratory and compensatory education, including systemic relief to ensure across New Mexico proper monitoring of children with autism and an adequate continuum of alternative placements for the child, the court affirmed in part the partial judgment for both parties where defendant did not either formally determine or find out that a regional or state delivery system was necessary or one or more students could best be served by a state or regional program....

In the IRS’s appeal from the tax court’s determination that a partial disclaimer was valid as to an amount that subsequently passed to a foundation that the decedent named as a contingent beneficiary in her will, the order is affirmed where 1) Treasury Regulation section 20.2055-2(b)(1) did not speak in terms of the existence or finality of an accounting valuation at the date of death or disclaimer; and 2) the court of appeals could find no evidence of a clear Congressional intent suggesting a policy to maximize incentives for the Commissioner to challenge or audit returns....

Hernandez v. Holder, No. 08-2455, concerned a petition for rehearing of the Eighth Circuit’s prior decision holding that the court lacked jurisdiction to review petitioner’s challenge to BIA’s denial of his request for continuance. The Eighth Circuit denied the petition, holding that 1) because an Immigration Judge’s discretion to deny a request for a continuance arose from a regulation, 8 C.F.R. section 1003.29, the court possessed jurisdiction to consider the denial of petitioner’s motion for continuance under Kucana; but 2) there was no abuse of discretion in the BIA’s determination that petitioner had not met the good cause-standard where, in light of the uncertainty as to when the long-pending repapering regulation would be promulgated, he was essentially seeking an indefinite continuance....

If you know the way to San Jose, maybe you also know the song that sold millions in the 1960s. Dionne Warwick made “Do You Know the Way to San Jose?” famous on her way to her first Grammy and third Top Ten. She sang about how how great the city was – but what a difference a generation makes. If you go to San Jose today, you might run into police steering you into danger....

Firearms instructor Richard Schroeter didn’t check to see if his gun was loaded, then accidentally shot and killed Trooper David Kedra during routine training. Schroeter pleaded guilty to reckless endangerment, and Kedra’s mother sued for civil rights violations. She alleged that Schroeter subjected her son to a state-created danger, but a trial judge said the instructor was entitled to qualified immunity. In Kedra v. Schroeter, the U.S. Third Circuit Court of Appeals reversed....

On the face of the case, it’s easy to dismiss Virginia Attorney General Ken Cuccinelli as a bit of a kook. He is fighting all the way to the Supreme Court to uphold Virginia’s overly-broad “Crimes Against Nature” anti-sodomy law, a law that covers oral and anal sex, regardless of consent or age of the participants. His argument is that the statute, while on its face is broad, is only being used to prosecute child predators, a purpose that is consistent with the Supreme Court’s holding in Lawrence v....

The Eighth Amendment’s ban on cruel and unusual punishment was intended to prohibit inhume penalties like quartering, severing limbs, burning at the stake, and castration. But Alabama has made one of those a condition for parole. The state’s governor, Kay Ivey, just signed a bill into law that would require individuals convicted of a sex offense against a child under the age of 13 to begin chemical castration a month before being released from custody, and continue the treatment until a judge deems it no longer necessary....

Perhaps you’ve heard marijuana referred to as a “Schedule I drug,” or seen other references to narcotics being categorized by “schedules.” How does federal drug scheduling work, and what do these designations mean? Controlled Substances Act The Controlled Substances Act was passed in 1970, organizing narcotic substances into five categories, or “schedules.” The Drug Enforcement Administration (DEA) is largely responsible for the designation and evaluation of these drugs. Drugs are sorted into their schedules based on their potential for abuse, legal status, and medicinal uses....

Does darkness cast shadows of doubt on the legality of a search warrant? Last week, the Eighth Circuit Court of Appeals rejected an Arkansas man’s argument that a night search of his home was illegal. Eric Wayne Kelley lost the appeal of his 20-year sentence in a child pornography possession conviction last week after the Eighth Circuit found that police followed proper procedures for acquiring and executing a night search of Kelley’s home....

Death row inmate David Eugene Matthews was denied his request on Friday to have court funds pay for an MRI in preparation for a clemency petition, leaving him that much closer to execution. Federal Judge John G. Heyburn II of the Sixth District’s Western District of Kentucky determined that Matthew’s petition for MRI money was “not a proper use of federal funds” for the 64-year-old, reports The Associated Press. What does this new ruling mean for the second-longest serving death row inmate?...

The Family Medical Leave Act (FMLA) protects the jobs of certain employees who take time off for medical reasons, birth, adoption, or caring for a family member who has a serious health condition. If you are an employee, don’t wait until you need to use FMLA to find out what it’s all about, here are the basic FMLA rules. FMLA covers certain employers. Employer must have 50 or more employees for at least 20 weeks in the current or preceding calendar year to be bound by the law....

Petition for review of the BIA’s order denying petitioner’s asylum application is granted where: 1) the BIA committed legal error by effectively holding that petitioner’s only cognizable activity was the act of his enrollment in the China Democratic Party (CDP), an act which petitioner contends was committed clandestinely, and took no notice of his later activities as a member of the CDP; and 2) remand was proper to reopen the record to permit petitioner to present additional evidence as to the Chinese government’s likely future awareness of his involvement with the CDP....

Even though 20% of the population in the U.S. lives in rural areas, only 2% of law practices conduct business in rural communities. This gap can be especially difficult for victims of crimes, who often face significant challenges and few resources. They might have few options for counsel or none at all, and transportation challenges can make connecting with an attorney even harder. But, technology many of us take for granted is now being leveraged to help extend legal resources to those living outside American cities....

Yes, the First Amendment protects our freedom of speech and peaceable assembly. But our free speech and protest rights are not absolute. State and federal governments may place restrictions, even on peaceful protests, involving the time, place, and manner of political speech. For instance, while street marches are generally protected free speech, authorities can prohibit “a street meeting in the middle of Times Square at the rush hour.” After protests of the Dakota Access pipeline garnered international attention over the past few years, oil and gas companies have lobbied to make demonstrations near pipelines, chemical plants, and other infrastructure illegal....

You really have to hand it Judge Posner. He and his court have a fantastic ability to make reading appellate decisions an actual delight. In this trademark infringement lawsuit, a tiny company and the famous maker of Land O’ Lakes butter lost to each other in court before a bemused Judge Posner. If you saw a fishing rod stamped with the name “LAND O LAKES” on the shaft, would you think it was made by the butter company?...

We haven’t named a FindLaw Pooch of the Week since K-9 Officer Marko nabbed Missouri drug runner Claude X in August, so we’re delighted to announce that we finally have a new winner: Tulsa K-9 Officer Max. In 2009, Max alerted his human counterparts to a brown paper bag containing methamphetamine wrapped in cellophane in Erlin Ayala’s car. Ayala was later convicted for possession with intent to distribute a mixture or substance containing methamphetamine....

In a personal injury action based on injuries plaintiff suffered while diving from defendant’s ship, judgment for defendant is affirmed where the rule from The Pennsylvania, 86 U.S. (1 Wall.) 125 (1873), which puts on the ship owner the burden of proving that its violation of a statute or regulation did not cause the injury, did not apply because there must be a threshold causal connection between the violation and the injury before the Rule will apply....

Presidents have to have blind trusts. According to CNN, nearly every serious presidential candidate, some governors, and a small handful of federal lawmakers have opted for blind trusts as well. The investment devices serve a necessary purpose: decreasing the possibility of a conflict of interest. After Justice Samuel Alto again recused himself from landmark cases last week, and after dozens of past recusals, as well as some questionable non-recusals, is it time to start asking about whether blind trusts should be required of judges and justices?...