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Perhaps bolstered by a series of appellate victories, federal inmate Dereck Dawson continues to fight the sentence imposed as a result of a 2003 altercation with his girlfriend and her son. Testimony indicated that during the fight, he hit the girlfriend and pointed a gun at her son. When police arrived, they witnessed him ditching the stolen firearm under an air conditioner. But Dawson still wasn’t satisfied. Then again, who would be?...

The U.S. Supreme Court granted certiorari to a fee dispute case that sprung from the Eighth Circuit between a Sprint Nextel Corp. subsidiary and the utilities regulator in Iowa, reports Reuters. But it’s not actually about fees. Central to the dispute is whether the Eighth Circuit Court of Appeals erred in applying the abstention doctrine set forth by Younger v. Harris. The Eighth Circuit concluded that the Younger abstention is warranted when there is a related state proceeding that is “remedial” as opposed to “coercive,” rejecting a distinction between the two....

President Trump has officially tapped 7th Circuit Judge Amy Coney Barrett to replace Ruth Bader Ginsburg as Associate Supreme Court Justice, with only weeks left before the election. If confirmed, the 48-year-old would be the youngest person on the Court - with the potential to shape American jurisprudence for decades. Here are four important things to know about Judge Barrett: 1. She’s Been On the President’s Radar for Awhile It seems Judge Barrett has been on the president’s shortlist of potential nominees for some time....

The rapper 50 Cent was given a victory in court by the Second Circuit’s Court of Appeals by tossing out the copyright suit “Young Caliber” brought against him. But rather than something as complex as a debate over exclusive or non-exclusive use of copyright, it turns out that the plaintiff’s downfall was the age old laches. “I Get Money” Remember the 50 Cent track “I Get Money” from the album Curtis?...

Last week, we told you about Tina Baughman, a mother who wants to traverse Disneyland on a Segway because she has muscular dystrophy. Baughman filed a lawsuit to challenge Disneyland’s ban on two-wheeled vehicles and devices, claiming that wheelchairs and scooters are not viable options for her because it is difficult for her to walk or stand from a seated position. The Ninth Circuit Court of Appeals ruled that Baughman’s wheelchair argument was barred by judicial estoppel because she had claimed in three prior lawsuits that “she has a physical impairment which causes her to rely upon a power scooter or wheelchair for her mobility....

Elementary school games of dodgeball can lead to some hurt feelings and the odd bruise or two. And some have led to some more serious injuries. But assault charges? Against a 10-year-old boy? For “basically playing a game we all have played”? But that’s what happened when Wayne County prosecutors charged Bryce Lindley with aggravated assault after he hit another student in the face with the ball during a dodgeball game at Eriksson Elementary School in Canton Township, Michigan....

Many people occasionally drive their cars, trucks, or SUVs with the trunk open. This may or may not be legal, depending on the vehicle you are driving, the state you live in, and whether you are carrying cargo in the back of the truck. Legal in Some States, not Others All states allow pickup truck and SUV owners to drive with the back open when carrying bulky cargo, as long as that cargo does not stick out beyond the legal limit....

Sadly, if you’re a long-haul truck driver, you can’t get paid to sleep anymore. For over 50 years, if you were on the road for 24 continuous hours or more, any sleep time in your cab over eight hours would be paid. No longer. Under a new rule from the Department of Labor, any time sleeping in a sleeping berth is “generally and presumptively non-compensable,” as long as you have enough time in adequate facilities, you’re relieved from all work duties, and the you’re able to use that time for your own purposes....

In habeas proceedings arising following the imposition of a 40-year maximum sentence and a 225-month minimum for first-degree criminal sexual conduct involving a person under the age of thirteen and various other offenses, denial of the petition is affirmed where: 1) there was no jury-trial right violation because judge-found facts did not increase defendant’s sentence beyond the statutory maximum for Apprendi purposes; and 2) the district court properly rejected defendant’s claim that the trial court violated his Fifth and Sixth Amendment rights by sentencing him more harshly for insisting on going to trial and for not explicitly admitting his guilt....

City of Ontario v. Quon, No. 08-1332, involved an action by police officers against the city employing them, claiming that defendants violated their Fourth Amendment rights and the federal Stored Communications Act (SCA) by obtaining and reviewing the transcript of plaintiff-officer’s pager messages. The Supreme Court reversed the Ninth Circuit’s reversal of summary judgment for defendants, holding that, because the city’s search of plaintiff’s text messages was reasonable, defendants did not violate plaintiffs’ Fourth Amendment rights....

The government has created a body of secret law, and it should be open to the public. That’s what a watchdog group said in Citizens for Responsibility and Ethics in Washington v. United States Department of Justice. But the DC Circuit Court of Appeals disagreed and voted to dismiss the complaint. In dissent, one judge said the plaintiff deserved a chance to make its case in open court. Unless there is an appeal, however, that case is closed....

The U.S. Supreme Court struck down a Tennessee law that required retailers to have two years’ residency before they could get a license to sell liquor in the state. In Tennessee Wine & Spirits Retailers Association v. Thomas, the justices said the residency requirement violated the Commerce Clause. States may regulate alcohol sales, but they may not engage in economic protectionism. The Supreme Court said the 21st Amendment, which repealed Prohibition and left alcohol regulation to the states, did not save Tennessee....

Environmentalists declared victory over the Trump administration in a lawsuit over non-disclosure of toxic chemicals in homes, schools, and workplaces. In Environmental Defense Fund v. EPA, the plaintiff said the Environmental Protection Agency failed to enforce rules that require companies to disclose chemicals they claim are confidential. The DC Circuit Court of Appeals agreed and said companies must show they have not altered chemicals to avoid disclosure. The plaintiffs said it was a rebuke to the government and a step forward for public safety....

If Tenth Circuit Court of Appeals Judge Neil Gorsuch ever decides to leave the bench, he may have a future in travel writing. In a case challenging the admission fee to Mount Evans, a U.S. Forest Service area outside of Denver, Judge Gorsuch delivered an eloquent opinion upholding the price of admission to national forests while promoting Mount Evans’ breathtaking views and summertime recreational offerings. As a general rule, Congress has decreed that anyone may enter national forests free of charge, but in 2004 Congress included an important exception in what it called the Recreation Enhancement Act (“REA”)....

You don’t get to the Supreme Court without passing through the crucible of a Senate confirmation hearing – and sometimes you don’t get to the Supreme Court even then. But Neil Gorsuch, President Trump’s SCOTUS nominee, survived the first day of his hearing relatively unscathed. Here are the highlights, from the politics to the polyester to pro football. The first day of the hearing was devoted to opening statements from the Senators, followed with Gorsuch speaking, finally, only at the end....

Capella University, Inc. v. Executive Risk Specialty Ins. Co., No. 08-2382, involved an action alleging that defendant-insurer owed a duty to defend plaintiff against a federal lawsuit brought by one of plaintiff’s former students. The court affirmed in part judgment for plaintiffs on the grounds that 1) the lawsuit was not subject to an exclusion in the policy as based upon, arising from, or in consequence of a prior or pending formal administrative proceeding; and 2) no unfair advantage to plaintiff or detriment to defendant would result from allowing a subsequent, accurate accounting of the fees and costs to form the basis for the award in this case....

This week, the Supreme Court will consider whether it will hear a slew of Defense of Marriage Act (DOMA) challenges, along with a constitutional challenge to California’s Proposition 8. We’re guessing that the Court will grant at least one of the cases. But before the Court can have its say on deciding DOMA’s fate, the Ninth Circuit has once again stepped into the DOMA spotlight. Last week, the Ninth Circuit Judicial Council ordered a federal court in San Francisco to pay an employee’s costs for insurance coverage for his husband, the San Francisco Chronicle reports....

Here’s an announcement for a job vacancy from the Eighth Circuit Court of Appeals. If you’re a criminal lawyer looking for a legal job in Arkansas, you might want to listen up. The Eighth Circuit Court of Appeals is seeking a Federal Public Defender for the Western District of Arkansas. The position is headquartered in Fayetteville. Here are the job requirements: In order to apply, you must have been admitted to the highest court of at least one state....

Jesse Engebretson pled guilty to four counts of sexual assault in 1993. Because he had also been convicted of a felony burglary within five years of committing the sexual assaults, he was classified as a persistent felony offender by the court under Montana law. Ten years later, he was released for good behavior. A few years after that, he filed a habeas petition with the Montana Supreme Court, arguing that his 30-years probation was illegal because he was required by law to serve five years of that sentence before any probation could be ordered....

Our least favorite thing in the world right now is the obsession with Justice Ruth Bader Ginsburg’s retirement. Seriously, pretty much every week, there’s an article about how she should retire in time for President Obama to replace her, followed by her saying, “Nah,” and dozens of other writers chiming in with “leave the lady alone.” But, the fact is, she’s 81, Justice Antonin Scalia is 78, Justice Anthony Kennedy is 77, and Justice Stephen Breyer is 75....