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In a case involving an application by the New York Times Company to access sealed wiretap applications relating to the investigation of the prostitution ring once patronized by former Governor of New York Elliot Spitzer, an order granting the application is reversed where: 1) the Times has not shown good cause under Title III of the Omnibus Crime Control and Safe Streets Act to unseal wiretap applications, orders, and related documents authorized as part of the government’s investigation of the prostitution ring; and 2) the Times does not have a First Amendment right to gain access to wiretap applications under the history and logic approach or the public attendance approach....

Does sparing the rod spoil the child? In schools, at least, a growing consensus over the last 50 years is that it does not. Corporal punishment declined dramatically over that span, in large part due to findings that hitting or spanking students does more harm than good to their mental health. Many parents view it as a form of child abuse. This summer, however, a school district in Missouri chose to disagree....

The Constitution protects your First Amendment right to free speech, but that does not mean you can say whatever you like and get away with it. States have different views on cursing and these views have shaped how they choose to regulate it. Constitutional interpretation is tricky, especially when it comes to cursing. This is because some choose to categorize cursing under obscene language, an expression that falls under unprotected speech....

Action to Recover Gambling Debt In Las Vegas Sands, LLC v. Nehme, No. 09-16740, an action by a casino to recover a gambling debt, the court reversed summary judgment for plaintiff where the district court abused its discretion in excluding from evidence 1) a letter from one of defendant’s attorneys that predated his unpaid marker by seven months and that requested, on defendant’s behalf, that plaintiff cancel and not renew, under any circumstances, his credit line; and 2) a U....

In a 42 U.S.C. section 1983 action alleging that Defendants fabricated evidence against Plaintiff in a criminal proceeding, summary judgment for Defendants is affirmed in part, where police officers enjoy absolute immunity for any testimony delivered at adversarial judicial proceedings. Judgment is reversed in part where the critical factor in determining whether the state’s obligation to preserve evidence is absolute turns on the nature of the evidence at issue, not who destroyed or suppressed the evidence....

In re: Anonymous Online Speakers, No. 09-71265, involved an action claiming that defendant orchestrated an Internet smear campaign via anonymous postings and videos disparaging plaintiff and its business practices. The court of appeals denied defendant’s petition for a writ of mandamus directing the district court to vacate its order requiring the disclosure of the identity of the three speakers at issue, holding that the district court weighed appropriate considerations and, given the decision to disclose the speakers’ identities even under the strictest test outlines in Cahill, there was no clear error....

The Constitution may bar the Supreme Court from considering political questions, but the Nine will be hearing several cases this spring that will have an impact on state and national politics. From Texas redistricting in January to the Affordable Care Act in March to immigration reform in April, this Supreme Court term is shaping up to be the most politically-charged year since the 2000 Bush v. Gore season. Pending the outcome of the Court’s January 6 conference, the term could get even more political....

In Williams v. Fleming, No. 09-2410, the Seventh Circuit dealt with plaintiff’s claim against a bank, the US, and an associate examiner with the FDIC brought under the Federal Tort Claims Act. Asserting various causes of action, plaintiff claimed that the bank’s decision to stop making loans to him was due to an FDIC’s associate examiner’s racially motivated bias toward plaintiff and other African-Americans. The court affirmed the district court’s conclusion but based on a different reason … that the proper inquiry is not one of jurisdiction but whether the United States has a defense to the suit....

In case there were any doubts, if your company offers employees a pension and that pension has survivor benefits for a retired employee’s spouse, then same-sex married couples are entitled to receive the same benefits as opposite-sex married couples. And if your state offered domestic partnership before same-sex marriage was legalized nationwide, in all likelihood, domestic partners are entitled to the same benefits as a spouse. Recently, the widow of a deceased television station employee in California won a significant court battle requiring his spouse’s former employer pay him the survivor benefit under the pension (a mere 50 percent of the pension)....

The Supreme Court will have a busy term with a new round of cases examining the boundaries of free speech rights. On Monday, the Supreme Court granted cert in U.S. v. Alvarez, the Ninth Circuit Court of Appeals case that struck down the Stolen Valor Act. Congress passed the Stolen Valor Act in 2005. Under the Act, it is a federal crime to lie about receiving military medals or decorations....

The Tenth Circuit Court of Appeals issued two opinions in sex offender cases last week that should pique the interest of defense attorneys. Both cases, U.S. v. Randell Lonjose and U.S. v. Franklin Carel, Jr., involved adults who pleaded guilty to sexual abuse of a minor on Indian lands. In the first case, U.S. v. Randell Lonjose, the Tenth Circuit reversed a condition of appellant Randell Lonjose’s supervised release. Lonjose pleaded guilty in 2007 to one count of sexual abuse of a minor in Indian country....

Unlike some federal appeals courts, the U.S. Tenth Circuit Court of Appeals has not changed a lot during the current administration. President Trump has appointed two justices to the 12-member court, but there are no pending nominations and no room for another judge. In terms of Democrat and Republican appointees, the Democrats have a 7-5 advantage. But the political numbers don’t always matter, unless of course there is a split decision....

Ah, the Real Housewives of New Jersey, the guiltiest of our reality TV pleasures. Some of TV’s most memorable moments came from that show. How can you forget Teresa’s “prostitution whore” table-flipping incident? Or, her all-cash furniture purchases for her new, gaudy mansion? Or, her sibling jealousy rivalry, with her sister-in-law? Need we say more? Well, s*#t just got real for Teresa, and her husband, Joe. And since this is a Third Circuit blog, let’s sit down at the federal charges table and see what the goverment is dishing up....

Placing a loved one in a nursing home or assisted living facility, whether it is their choice or yours, is almost never easy. It is tough to place your trust in a facility to look after your loved one’s every need — food, shelter, hygiene, medication, and more. Most of us recognize the truly hard work that caregivers at these facilities perform, often for low wages. But the fact remains is that if you’re in the job, you have to give it your all, because residents are often relying on you for everything....

The Third Circuit Court of Appeals is considering the reappointment of Bankruptcy Judge Mary Walrath for a new 14-year term. Judge Walrath’s current term is set to expire on September 8, 2012. Judge Walrath is currently the bankruptcy judge for the District of Delaware in Wilmington. Walrath has gained national attention as the judge overseeing the Washington Mutual bankruptcy proceedings. Judge Walrath, who has twice rejected WaMu’s reorganization plans, appointed New Jersey bankruptcy judge Raymond Lyons this week to mediate between the company and its creditors, reports The Washington Post....

An appellant from Togo lost his visa fraud challenge in the Third Circuit Court of Appeals this week, despite a rather creative defense theory. Geoffry Kouevi didn’t argue that he was innocent or that he was denied due process; he claimed that he that he was convicted under the wrong paragraph of the visa fraud statute. Kouevi, also known as “Kangni,” was born and raised in Lome, Togo. The government contends that from 2001 until 2005, Kouevi conspired with others to use fraudulent means to obtain “authentic” visas for at least 34 people through the American Embassy in Togo, and that those persons then used those visas to enter the United States....

It is not always clear when public employees are acting in an official capacity and when they are acting as private citizens. The issue can be important when determining whether public employees have a legitimate cause of action to file a lawsuit for a violation of their constitutional right of free speech. If they are acting in an official capacity, they do not have a First Amendment right and employers can retaliate against them....

In a petition for review of the BIA’s order removing petitioner from the U.S. based on his commission of a crime of moral turpitude, the petition is denied where the crime of aggravated assault under Canadian law may involve moral turpitude even in the absence of an explicit element of evil intent. Read Uppal v. Holder, No. 07-72614 Appellate Information Argued and Submitted February 10, 2009 Filed August 11, 2009...

Sentence and conviction of defendant for conspiracy, armed bank robbery and use of a firearm during a crime of violence is affirmed where: 1) for purposes of a bank robbery count, sufficient evidence existed for a jury to find that bank teller’s life was in jeopardy when co-conspirator pointed an unloaded gun at the teller; 2) as to the firearm count, it was foreseeable to the defendant that the robbery would have involved the use of a firearm; 3) district court did not abuse its discretion in denying defendant’s request for a mistrial after the government displayed a demonstrative chart with defendant’s mug shot in its closing argument, as the brief glimpse of the photograph did not deprive defendant of a fair trial; 4) district court did not abuse its discretion in failing sua sponte to order a mistrial, as prosecution’s statement in its closing argument was not improper vouching of co-conspirators; and 5) application of an enhancement based on abduction was proper as there was sufficient evidence to support that abduction took place and was foreseeable....

Food labels have made huge improvements in honesty, clarity, and standardized information over the years. In 2008, the U.S. Food and Drug Administration and the U.S. Department of Agriculture’s Food Safety and Inspection Service required brands to provide more information on their labels. But what do they need to tell you now? And what can marketing and branding still hide? The Anatomy of a Food Label The FDA and the Department of Health and Human Services enforce federal laws on food labeling....