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Around the same time that former Michigan State and USA Gymnastics doctor Larry Nasser was being sentenced to hundreds of years in prison for molesting over 250 young women under the guise of medical exams, reports surfaced of similar behavior by a former Ohio State physician, only the abuse involved young men and stretched back as far as the late 1970s. Richard Strauss, who retired from OSU in 1997 and killed himself in 2005, has been accused of sexually abusing at least 177 male student-athletes and other male undergraduates for almost two decades, and a recently released report revealed that university personnel were aware of complaints made against Strauss from the beginning....

Fears over the use and abuse of facial recognition technology are prompting municipalities across the U.S. to ban facial recognition technology. It has also led federal legislators to introduce a bill that would prohibit federal agencies from using the controversial AI-driven software. Boston city officials and police will no longer be able to use facial recognition technology, after an ordinance passed on Wednesday, June 24. San Francisco was the first city to ban the emerging technology, and other cities have followed suit....

Pets are the forgotten victims of the housing market collapse. While we hear the stories of struggling families living on the streets or in their cars, it is easy to overlook the heartache those families face when deciding how, or if, they can care for their four-legged friends when they no longer have a home. Today, we have a Sixth Circuit Court of Appeals case that involves such a problem, and demonstrates how a city’s missteps in a foreclosure can lead to warrantless entry claims and qualified immunity defenses....

Former Milwaukee County Sheriff David A. Clarke became somewhat famous for his outspoken support of Donald Trump’s presidential campaign and his consideration for a possible post in Trump’s Department of Homeland Security. But for those in Milwaukee, and especially those incarcerated in the Milwaukee County House of Correction, Clarke is more infamous than famous. In the eight years that Clarke oversaw the facility, there were numerous reports of inmate abuse, staff harassment, and five deaths in the jail, including a newborn baby....

This Valentine’s Day, show some love for your community: pay it forward. Gunner law students in the Sixth Circuit can get into the spirit of generosity by participating in a pro bono competition. Law students are often so wrapped up in their classes and job prospects that they often don’t realize how much pleasure and fulfillment they can find from doing pro bono work. Take it from Dana Tapper, a then-law student recognized by Ellen DeGeneres for her commitment to public service....

The Sixth Cirucit decided two criminal matters and a bankruptcy case involving the issue of whether portion of creditor’s secured claim attributable to the payoff of negative equity qualifies for protection from cramdown. In US v. Algee, No. 08-3196, the court faced a former postal employee’s challenge to this conviction for making false oral and written statements in an investigation of irregularities with the amount of money and stamps in vending machines....

In an admiralty case involving shipowner’s duty to pay maintenance to a seaman, district court’s award of declaratory judgment in favor of the seaman-defendant is affirmed where: 1) commuter seamen enjoy the same right to maintenance as their deep water counterparts; 2) the long-term disability payments do not offset the amount of maintenance owed which is a duty that is independent of the shipowner’s contractual obligations; 3) receipt of social security benefits did not relieve the shipowner of its maintenance obligation; 4) district court did not abuse its discretion in awarding prejudgment interest award to compensate defendant for losses stemming from plaintiff’s tardy discharge of its duty; and 5) district court properly exercised its discretion in denying defendant’s claim for consequential damages....

In Lopez v. Candaele, No. 09-56238, a student’s First Amendment challenge to a community college sexual harassment policy, the court reversed a preliminary injunction in favor of plaintiff, where the student failed to make a clear showing that his intended speech on religious topics gave rise to a specific and credible threat of adverse action from college officials under the college’s sexual harassment policy. In Souliotes v. Evans, No. 08-15943, a habeas petition brought by a petitioner serving a life sentence for three murders by arson that he claimed he did not commit, the court reversed the dismissal of the petition as untimely, where 28 U....

In US v. Lockett, No. 09-1322, the Eighth Circuit affirmed defendant’s drug conspiracy conviction, holding that 1) a witness’s testimony clearly demonstrated the existence of the agreement to distribute drugs, defendant’s knowledge of the agreement, and defendant’s participation in the agreement; 2) if residual prejudice survived the district court’s curative instruction following an improper question by the government, that prejudice was harmless when compared to the substantial evidence of defendant’s guilt; and 3) the government offered a race-neutral basis for striking a juror, and defendant did not show that the basis was a pretext for purposeful discrimination....

Firms focusing on mesothelioma litigation will be aware of the Environmental Protection Agency’s Risk Evaluation Rule of 2017. That rule guides the agency’s determination in the risk asbestos and other toxins like lead pose to the environment. If the EPA judges a toxin to pose an unreasonable risk, it then must take steps to regulate it. Legacy Uses and the Toxic Substances Control Act In 2016, Congress amended the Toxic Substances Control Act (TSCA) to require the Environmental Protection Agency to evaluate whether a chemical poses an unreasonable risk to the environment....

On February 19, Florida Governor Ron DeSantis ordered that flags in that state be lowered to half-staff to honor conservative radio personality Rush Limbaugh. The order was controversial because Limbaugh was controversial – a champion to conservatives, but a hatemonger to others – and it raised questions about how governmental leaders decide who gets honored in this fashion. Let’s take a look. Who Makes the Decision? First, it is important to note that only presidents and governors can issue half-staff orders....

McCabe v. Parker, No. 09-1185, involved an action based on plaintiffs’ arrest for trespass and subjection to a strip and visual body cavity search in the course of their protest at the 2004 Republican National Convention. The court of appeals partially affirmed partial judgment for plaintiffs, holding that 1) the district court’s evidentiary rulings were not abuses of discretion and did not substantially impact the jury’s answer to the probable cause inquiry; and 2) because an officer did not commit a constitutional violation in arresting plaintiffs, it necessarily followed that he could not be held liable for any damages arising from the unlawful searches that followed the arrests....

How much do some lawyers think they can get away with these days? Apparently a lot, especially when they face adversity or don’t get what they want. A boo-boo to the ego? Boom, slap you with an insult — subtle or overt — and call it a win. In a San Diego courtroom, the line was clearly crossed as to how far an immature lawyer might go to prove a point....

The death of Derek Boogaard is sad. He overdosed on prescription painkillers while under the NHL’s care for pain pill addiction. After his death, many disturbing facts came to light. Despite specific requirements of his drug treatment program stating that he not be given certain types of pills, team doctors prescribed the exact pills he was not supposed to have. Despite him failing drug tests, consequences specifically designed to encourage compliance with drug treatment programs did not follow those failures....

In plaintiff’s second employment discrimination suit against the Chicago Police Department (CPD) claiming retaliation and sex discrimination, summary judgment in favor of CPD is affirmed where: 1) plaintiff provided insufficient evidence that she suffered an adverse employment action because she engaged in statutorily protected activity by direct method of proof that either of her two actionable transfers occurred because of her prior lawsuit or her 2006 grievance; 2) plaintiff did not provide sufficient evidence to establish a causal connection under the indirect method of proof; and 3) plaintiff failed on her sex discrimination claim for the same reason as her retaliation claim, as she failed to adduce any evidence indicating that her actionable transfers were because of her sex....

The Third Circuit Court of Appeals ruled this week that police officers may collect DNA samples from persons under arrest, finding that a DNA sample is no more than a fingerprint “for the twenty-first century.” The court emphasized the government’s compelling interest in identifying suspects and the unique attributes of DNA evidence to support its decision. Civil rights groups, including the ACLU, argue that collecting a DNA sample is more invasive than fingerprinting an arrestee, and a violation of privacy, while proponents of DNA sampling maintain that the practice is constitutional because arrestees have a low expectation of privacy....

As rights to contraceptive access, abortion freedom, gay marriage, and more have been advanced and affirmed by courts across the nation, one particular exception looms large in many of these cases: religious freedom. On Wednesday, the Supreme Court passed down two 7-2 rulings hailed as victories for religious liberty advocates. One upholds “ministerial exception[s]” for religious schools, which protect them against some forms of government regulation, and another decided that employers had the right to reject providing insurance coverage for their employees’ contraceptive care....

The Second Circuit Court of Appeals made it harder for foreign parents to win an international custody dispute in federal courts this week. Diana Lucia Montoya Alvarez and Manuel Jose Lozano, two now-separated parents, disputed whether courts in the United States or the United Kingdom should decide who has custody of their five-year-old child. To resolve the case, the Second Circuit Court of Appeals answered two questions of first impression regarding the interpretation of Article 12 of the Hague Convention on the Civil Aspects of International Child Abduction: (1) whether the “now settled” defense to the return of an abducted child is subject to equitable tolling; and (2) whether a child who lacks legal immigration status in the United States can be found to be settled within the meaning of the Convention....

New York animal owners better treat those puppies, kitties, and horses right or else the animal po-po will come a knockin’ on your door. SPCA “police” abuse is rightly the subject of a Section 1983 claim, which the Second Circuit in Kanciper v. Suffolk County SPCA states can be brought in federal court, even while parallel state tort actions are pending. Horse Farm Under Siege Mona Kanciper operates a horse farm on Long Island, New York, where she is president of a non-profit which rescues unwanted or abandoned horses....

The Supreme Court recently granted a petition for writ of certiorari for a case originating in the Eighth Circuit. The case is a classic example of a circuit split. Essentially, the question before the Court is: What is sufficient notice of a rescission request under the Truth in Lending Act? That is, whether a borrower who intends to rescind a loan under the Truth in Lending Act must file a suit in federal court, or whether a letter to the lender is sufficient....