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You thought that this was going to be just another uneventful Friday afternoon on First Street? Au contraire! The Supreme Court is rocking your world with rule changes today. Earlier this week, Chief Justice John Roberts sent Congress proposed changes to all your favorite sets of federal rules: Appellate Procedure, Bankruptcy Procedure, Civil Procedure, Criminal Procedure, and Evidence. Those proposals were posted on the Supreme Court’s website Friday afternoon. Under 28 U....

In the waning month or two left in the Court’s October 2014 term, it issued an order granting cert. in a consolidated case that stands to impact electricity regulation nationwide. The case was brought by the Electric Power Supply Association, a trade group representing several electric companies and regional electricity supply associations throughout the country. Last May, the D.C. Circuit Court invalidated a Federal Energy Regulatory Commission rule regulating “demand response” pricing in the electricity market....

Not too long ago, marijuana was considered by a majority of Americans to be a harmful, dangerous drug. But now it is considered to be both a medicinal wonder as well as a safer way to get a little buzzed, at least in a growing number of states. Notably though, while marijuana legalization may not have made it to every state quite yet, that idea is very popular nationwide. Recent polls show that over 60 percent of Americans are in favor of legalization for medical purposes, and over 50 percent are in favor of legalization for recreational purposes....

Primaries in Wisconsin were held as scheduled on April 7 after the Supreme Court declined to extend the deadline for submitting absentee ballots. This is the Supreme Court’s first case that relates to the COVID-19 pandemic. While it has affected voters in Wisconsin, this decision may have even broader implications for the general elections in November. COVID-19 and Elections The Coronavirus is not only affecting the public health, but it is also disturbing many aspects of daily life, including the economy, employment, and elections....

Conviction for operating an unlicensed money transmitting business is vacated and remanded where: 1) the district court erred in refusing to give defendant’s requested jury instruction on the scope of 18 U.S.C. sec. 1960; 2) the jury instruction error was not harmless, and defendant is entitled to a new trial; 3) the court did not abuse its discretion in ruling before trial that defendant could not offer evidence of his New Jersey license; 4) the court did not abuse its discretion in permitting the government to question defendant’s witness about a complaint against defendant; and 5) the court did not abuse its discretion in denying defendant’s unqualified request for funds to fly in witnesses, as defendant failed to establish that the witnesses were necessary for his defense....

Defendant’s sentence for filing false tax returns is vacated where the district court failed to adequately explain the grounds for the sentence because: 1) the record was not clear that defendant’s incarceration would harm his father’s business; 2) the district court understated the severity of the offense; and 3) the district court improperly relied on prompt satisfaction of a substantial monetary sanction to impose a non-custodial sentence. Read US v. Bragg, No....

Defendant’s firearm possession conviction and sentence are affirmed where: 1) no Franks violation occurred which would require suppression based on the challenged portions of an affidavit in support of the police’s warrant to search defendant’s residence; 2) the drug-related evidence introduced at trial, including the paraphernalia, was closely and integrally related to the issue of ownership and possession; and 3) the sentencing transcript establishes that the district court thoroughly considered the 18 U....

Defendant’s drug conviction and sentence are affirmed, where 1) there was sufficient evidence to support defendant’s conviction for the narcotics conspiracy; 2) a confidential informant’s statements were not hearsay because they were not offered to establish the truth of the matter asserted; and 3) defendant’s sentence properly calculated his criminal history score. Read US v. Deitz, No. 05-3410 Appellate Information Argued: April 23, 2009 Decided and Filed: August 20, 2009...

Defendant’s sentence of ten years’ supervised release is vacated as the district court never acknowledged that the advisory range under the sentencing Guidelines was five years. District court’s order conditioning defendant’s supervised release on repaying the money used by the government to buy the drugs is premature and the court appropriately deferred any such consideration until defendant’s release from prison. Read US v. Gibbs, No. 08-2186 Appellate Information Appeal from the United States District Court for the Northern District of Illinois, Eastern Division....

District court’s conviction of defendant, a wireless telephone store owner, of fraudulently using unauthorized access devices in violation of 18 U.S.C. section 1029(a)(2) is affirmed where: 1) district court acted within its discretion in denying defendant’s motion to continue the trial for thirty days as he has failed to show that there were any material differences in the underlying data contained in the new set of CDs he received shortly before trial, so as to cause him any prejudice; 2) because the government complied with Rule 1006, the district court properly admitted the summary exhibits into evidence; 3) district court did not abuse its discretion in limiting defendant’s cross-examination of witness; and 4) defendant’s argument that he has presented three clear errors made by the district court constituting cumulative errors is without merit....

Conviction and sentence for drug crimes is affirmed where 1) defendant’s sentence is reasonable and the district court adequately explained its reasons for imposing it; and 2) district court did not abuse its discretion in denying defendant’s request for independent testing of the drug as he failed to avail himself of the opportunities to make a timely request. Read US v. Johnson, No. 08-3054 Appellate InformationAppeal from the United States District Court for the Southern District of Iowa....

Conviction and sentence for receiving child pornography is affirmed where: 1) the district court did not abuse its discretion in sentencing defendant as its analysis under 18 U.S.C. sec. 3553(a) was informed and adequate, and the sentence was reasonable; 2) the court did not err in imposing a special condition of supervised release of barring defendant from sexually explicit materials as there is a significant nexus between restricting defendant from access to adult sexually explicit material and the goals of supervised release, and the restriction is not overbroad or vague; and 3) the court did not err in imposing the special condition of supervised release of restricting defendant’s access to computers and internet use as the restriction shares a nexus to the goals of deterrence and protection of the public, and does not involve a greater deprivation of liberty than is necessary....

District court’s ruling on remand involving status of Indian lands held in trust is affirmed in part and vacated in part where: 1) the court correctly concluded that the agency trust lands, the outstanding allotments, and the IRA trust lands are part of the Yankton Sioux Reservation and are Indian country under 18 U.S.C. section 1151(a); 2) the court’s alternative holding that the miscellaneous trust lands constitute a dependent Indian community and are Indian country under section 1151(b) is affirmed; 3) court’s holding that the fee lands continuously held in Indian ownership are reservation under section 1151(a) is vacated and; 4) the court’s denial of all other claims for relief is affirmed....

The Mexican arm of Walmart (known as Wal-Mex) has been at the center of several Walmart lawsuits recently. The latest, involving allegations that top brass at Walmart knowingly engaged in violations of the Foreign Corrupt Practices Act, has been dismissed by the Eighth Circuit, largely on quasi-procedural grounds and particularity. Litigators, should take note: Demand clear specifics from your clients when they allege fraudulent activity. It could defeat a dismissal....

Soon enough, Alexa found a home at the office. She could field phone calls, take messages, order office supplies. With the right software, she could even track lawyers’ billable hours. Now Alexa is going into healthcare. It’s a big deal for hospitals because they have to be extra careful with patient data, and Alexa has been known to tell tales. HIPAA-Compliant Alexa Lawyers, too, have found a place for Alexa. She can read documents, calendar events, send messages, and even track hours and send out bills....

Let’s call this the copyright lawsuit that just won’t go away. What Disney thought was finality in a lawsuit involving the creation of ‘Pirates of the Caribbean’ now has new life. In its fourth iteration, this lawsuit may now actually move forward. Let the drama begin. It all started long ago, in a land far away … uh, not really. In 2003, soon after the release of the Disney movie “Pirates of the Caribbean,” screenwriter Royce Mathew sued Disney, in Orlando, Fl....

Most of us have had a job that enforces a pretty strict dress code. Whether it’s business attire for an office job or pieces of flair while working in the service industry, employers generally have the ability to set a dress code for employees, as long as they make reasonable accommodations for employees’ disabilities or religious beliefs. And schools similarly have the right to ban clothing and attire that would create a significant disruption in their educational mission....

As more and more states have legalized medical marijuana, many students have nevertheless been left out in the cold. Thirty-three states have passed measures allowing various degrees of medical use to people who benefit from cannabis, and 17 of these states permit prescriptions to minors. But they’ve been slow to extend its use to schools. There’s a simple reason why schools have not allowed students or faculty with prescriptions to use marijuana on the premises: In the eyes of the federal government, pot is still a Schedule 1 controlled substance, and under the terms of the Drug-Free Workplace Act of 1988, any employer who falls short could lose federal money....

Today is Tax Day. So hopefully, you’ve already filed your taxes. Or, if you hired a CPA or accounting firm to do your taxes, they’ve got plans to file them by the end of the day. You might also be wondering, given the news cycle, whether your tax returns are public documents. The subject of President Donald Trump’s tax returns has been percolating for years in the media, but the rhetoric has ramped up in recent weeks, as the House Ways and Means Committee first requested the past six years’ worth of Trump’s tax filings from the IRS, then, after the agency failed to comply, gave IRS Commissioner Chuck Rettig on April 23 deadline on turning over the documents....

Harrington v. Cty. of Suffolk, No. 09-3911, involved an action pursuant to 42 U.S.C. section 1983 asserting that defendants deprived plaintiffs of a property interest protected by the Due Process Clause by conducting an inadequate investigation into their son’s fatal traffic accident. The court of appeals affirmed the dismissal of the action, holding that plaintiffs had no property interest in an adequate police investigation. Domnister v. Exclusive Ambulette, Inc., No. 08-4387, concerned an action by Russian immigrants alleging that their former employer discriminated and retaliated against them based on their national origin....