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The Ninth Circuit Court of Appeals heard arguments Thursday in Associated Press et. al. v. Otter, an appeal seeking full viewing access to Idaho executions. The AP and 16 other news organizations filed a federal lawsuit in May, asking U.S. District Judge Edward J. Lodge to delay Richard Leavitt’s execution from moving forward without the changes. Judge Lodge acknowledged that the news organizations made a strong case that Idaho regulations violated freedom of the press provisions, but ruled that the timing of the claim fell too close to Leavitt’s execution date and could cause a delay, according to the AP....

Regardless of how the Supreme Court rules in Kiobel v. Royal Dutch, the case will likely stand out in a year of big cases. A pro-plaintiff ruling would open U.S. courts to a flood of litigation under the Alien Tort Statute (ATS). A pro-defendant ruling might leave victims of human rights abuses without recourse against multinational companies. From the outset of the Kiobel oral arguments on Wednesday, it sounded like the court would affirm Kiobel and disallow human rights claims under the ATS....

In a 42 U.S.C. section 1983 action arising out of the demolition of plaintiffs’ building by defendant village after a fire, summary judgment for defendants is affirmed where: 1) plaintiffs failed to produce evidence sufficient to create a genuine dispute concerning whether defendants abused their discretion in determining that an emergency existed; and 2) given the eventual dismissal of all of plaintiffs’ federal claims, the district court acted well within its discretion in declining to assert supplemental jurisdiction over plaintiffs’ state-law claim....

Is it bigger news that another murder conviction was overturned, or that the alleged killer was featured in a television series? In either case, there will be a second season to “Making a Murderer,” the Netflix documentary that told the story of Steven Avery, who spent 18 years in prison for being wrongfully convicted of sexual assault and attempted murder. That’s because now there is a new story to tell. Brendan Dassey, who was convicted with Avery in a later murder, has been exonerated by a federal appeals court....

In 2017, North Dakota attorney Arnold Fleck learned that his state’s bar association opposed a ballot measure establishing a presumption that parents have equal parental rights. As someone who supported the measure, Fleck took issue with the fact that his mandatory bar dues seemed to support a cause he didn’t believe in. Fleck’s case made its way through the 8th Circuit courts, where precedent supported the North Dakota state bar’s actions....

The Ninth Circuit has given the EEOC the go ahead to compel production of so-called “pedigree information” in employment investigations. Pedigree information includes things like an employee’s name, Social Security number, address, and telephone number. The ruling came after the EEOC investigated the McLane Company for gender discrimination after it refused to allow an employee to return to her job following maternity leave. The Commission sought extensive information on employees which McLane refused to provide but which, the Ninth Circuit has ruled, was appropriate and relevant to the investigation....

Well, Sixth Circuit panels may ignore other panels’ crack resentencing precedent, but there was no such mistake here. Eden Foods challenge to the Obamacare contraception mandate was tossed in a short opinion by the Sixth Circuit, which cited its own controlling precedent from last month. The only thing of note in the opinion was a footnote where the court cited an interview of Eden Foods’ CEO Michael Potter by Salon.com, and characterized his religious beliefs as “a laissez-faire, anti-government screed....

Minnesota is erroneously known as the Land of 10,000 Lakes. It has 12,000, but that’s not important right now. What is important is a federal appeals court decision involving three convicted terrorists in Minnesota. The U.S. Eighth Circuit Court of Appeals affirmed decades-long sentences in the nation’s largest probe of terrorist recruitment. But why Minnesota? Minnesota Terrorism It’s not something in the water, but it’s something. The appeals court decision follows new federal charges in Minnesota against domestic terrorist cells and investigations into money pouring out of the state to overseas terrorist groups....

Many high profile cases are making their way through the Southern District of New York, and to the Second Circuit. Today, we’ll give you the latest on Apple’s e-books suit, Chinese search engine Baidu’s free speech, Rajat Gupta’s failed appeal and JPMorgan’s win. Apple e-books Class Action Certified Apple was dealt another blow last week when U.S. District Judge Denise Cote granted plaintiffs’ motion for class certification. The consumers are suing Apple for “conspiring with five major publishers to fix e-book prices in violation of antitrust law,” reports Reuters....

In a case involving plaintiff-inmate’s 42 U.S.C. section 1983 action against various prison officials, summary judgment for defendants is affirmed where: 1) plaintiff’s claim that the defendants denied him access to the courts by failing to grant him the library time he requested was properly rejected as he did not demonstrate an actual injury; 2) plaintiff failed to show that the disciplinary measures taken against him by the defendants was in retaliation for pursuing his claims; 3) plaintiff failed to make a sufficient showing of a substantive due process claim....

Millions of people are taking to the skies again, desperate to go somewhere — anywhere — different. Passenger screening data from the Transportation Security Administration shows that passenger airline traffic is inching back toward 2019 levels. That means crowded airports and airplanes are coming back. But it’s apparent that during the long, pandemic-induced break from travel, a lot of us out there have forgotten how to behave ourselves in the one setting where you really shouldn’t misbehave....

Tax court order finding deficiencies in the payments of income taxes is affirmed where: 1) payments to partnerships were distributions to the plaintiffs personally, and thus were not deductible as ordinary and necessary business expenses under Internal Revenue Code sec. 162 (a); and 2) the amounts of the life insurance premiums paid by the plaintiffs are not included as gross income under Internal Revenue Code section 61 (a). Read De Angelis v....

If you’ve noticed an uptick in robocalls to your phone, then you’re not alone. We all have, and for a few reasons. First and foremost, we sign up for, agree and appreciate certain robocalls, like those from our banks asking us about fraudulent activity when you make that really well deserved but uncharacteristic big spend, or those from your doctor, dentist, or other service professional, reminding you about an appointment. However, those are generally wanted, while the vast majority of the robocalls we receive are unwanted....

Arista Records LLC v. Doe 3, No. 09-0905, concerned defendant’s appeal from the denial of defendant’s motion to quash a subpoena served on an Internet service provider seeking the identities of people who illegally downloaded music. The Second Circuit affirmed, holding that 1) the motion to quash the subpoena was not dispositive of the underlying action; 2) to the extent that anonymity is used to mask copyright infringement or to facilitate such infringement by other persons, it is unprotected by the First Amendment; and 3) defendant’s expectation of privacy for sharing copyrighted music through an online file-sharing network was simply insufficient to permit him to avoid having to defend against a claim of copyright infringement....

Action for Police Entering Home Without Warrant In Huff v. City of Burbank, No. 09-55239, an action against four officers who entered plaintiffs’ home without a warrant, the court affirmed in part summary judgment for defendant where two officers entered the residence because they reasonably believed they had been given consent. However, the court reversed in part where any belief that the officers or other family members were in serious, imminent harm would have been objectively unreasonable....

It is easier than ever to take a photo of someone and make a painting based on it. The painting may reflect the artist’s unique personal style. It may have taken a lot of effort to make sure the painting accurately represents the content of the original photo. But can the painter get a copyright on their painting, with all the legal rights and protections that entails? To qualify for copyright protection, a visual work must be an original work of authorship....

For many employers, the gig economy provides significant cost savings. They don’t have to pay fixed salaries or benefits like sick time and vacations. For many workers, the gig economy can provide independence, flexibility, and variety. But, in addition to the usual absence of benefits, they also lack legal protections. The gig economy continues to grow. Today, an estimated 59 million Americans, or about 36% of the workforce, call themselves gig workers, and it seems apparent that the time is past due for the law to catch up with the economic reality....

Electric bicycles or “e-bikes" are more popular than ever. As cyclists discover they can bike with less physical strain or venture on longer trips, the e-bike industry is booming. And with concerns about increasing gas prices and climate change, more people are using electric bicycles as alternative transportation for activities like commuting. However, bicycle laws and regulations are trying to catch up to the surge of electric bicycle riders. As a result, there are inconsistent rules state by state and even within the same town....

Reality dating shows like “The Bachelor” thrive on drama and scandal, but a VH1 Bachelor-like show called “She’s Got Game” took things a little too far. Jayceon Taylor, better known as the Grammy-nominated rapper “The Game,” is said to have gotten a bit handsy while partying with a show contestant off-camera during filming in Chicago. The Seventh Circuit case of Rainey v. Taylor details an incident in which one of the contestants for The Game’s amorous attentions got more than she bargained for when the TV personality and rapper invited her to a suburban sports bar....

A federal judge refused to dismiss a lawsuit accusing customs agents of illegally searching airline passengers. In Amadei v. Duke, the agents allegedly wouldn’t let the passengers off a domestic flight unless they proved their identity. The agents said they were following procedure, but they did not find the person they were looking for. Judge Nicholas Garaufis said the plaintiffs made a plausible claim that the search was unwarranted and allowed their case to proceed....