Some people get drunk and do silly things. Others get drunk and go dancing or eat a lot of greasy food. Then there’s this one Mississippian who got drunk, broke into the fire department, stole a fire truck, took it for a joyride, crashed it, then fell asleep behind the wheel. As you might’ve expected, upon waking up, that Mississippian was arrested and charged with stealing the fire engine, DUI, and driving without a license....
A lot of people – even non-lawyers – are talking about Marbury v. Madison today. The case that established judicial review may not be as popular as Brown v. Board of Education or Roe v. Wade, but most Americans discussed it at least once during school. The masses are talking, tweeting, and status-updating about Marbury because yesterday President Obama expressed faith that the Supreme Court will uphold the Affordable Care Act, saying “I’m confident that the Supreme Court will not take what would be an unprecedented, extraordinary step of overturning a law that was passed by a strong majority of a democratically elected Congress....
Summary In an action challenging a hearing officer’s order reimbursing fees paid by Plaintiff’s parents for his special education program under the Individuals with Disabilities in Education Act (IDEA), the award is affirmed, where IDEA authorizes reimbursement for private special-education services when a public school fails to provide a free appropriate public education and the private-school placement is appropriate, regardless of whether the child previously received special-education services through the public school....
The Supreme Court ruled today that a government program that sought to prop up the price of raisins by seizing excess production is a taking that requires just compensation. Under the Agricultural Marketing Agreement Act, a New Deal era attempt to protect agricultural markets, government-backed agricultural boards can set “marketing orders,” under which a certain amount of a crop is set aside and sold off-market. Since the raisins are actually seized, that constitutes a physical appropriation and a per se taking....
A 3rd Circuit Court of Appeals immigration ruling was struck down today by the highest court of the land. The U.S. Supreme Court ruled on a controversial immigration law that applied to businesses that hired illegal immigrants. And this time, it was not in Arizona; but the Arizona illegal immigration law was not out of sight, nor out of mind. According to the Associated Press, the U.S. Supreme Court dismissed a 3rd Circuit Court of Appeals ruling that prevented the city of Hazleton, Pa....
Erica Lynn Hampton committed wire and access device fraud. What that entailed exactly, isn’t particularly important. What is important is her plea deal. Hampton pled guilty to two counts in exchange for dropping the remaining dozen or so, and agreed to forfeit assets in the amount of $69,540.01. She was also sentenced to 18 months imprisonment, followed by two years of supervised release. Simple enough, right? One small problem: she is (and was at the time of sentencing) broke....
Denial of SSI Benefits Affirmed In Johnson v. Astrue, No. 10-1124, plaintiff’s appeal from the district court’s affirmance of the Social Security Commissioner’s denial of his claim for Supplemental Security Income, the court affirmed where 1) the record of plaintiff’s IQ was sufficiently developed, and the ALJ did not commit reversible error by failing to request that a doctor administer an IQ test; and 2) the residual functional capacity finding employed in the hypothetical to the vocational expert was acceptable, and the ALJ’s finding based on the expert’s response was supported by substantial evidence....
We’re halfway through February, so it seems like a good time to look ahead to the Supreme Court’s oral argument schedule for March. (Why live in the moment, when you can constantly look to the future? Right?) Let’s jump right into the 10 cases the Court will consider during oral arguments in March. Monday, March 18: Arizona v. Inter Tribal Council of Arizona – Does the National Voter Registration Act preempt an Arizona law that requests persons who are registering to vote to show evidence that they are eligible to vote?...
It was an unusual alignment of justices that came together to uphold the extortion conspiracy conviction of a former Baltimore police officer today. Samuel Ocasio, the Baltimore cop, had been convicted of extortion and conspiracy to commit extortion under the Hobbs Act for his role in an auto-repair kickback scheme. That conviction can stand, the Supreme Court ruled, rejecting arguments that a conspiracy to extort must involve taking property from someone outside the conspiracy, rather than willing participants in a scheme....
The Mount Soledad cross. People have been fighting over the cross’s presence, as part of a war memorial, for more than twenty years. Two years ago, the Ninth Circuit held that the cross was a violation of the Establishment Clause, as it sent a message of government endorsement of a particular religion. And yet, it remains standing. And despite yesterday’s order by U.S. District Court Judge Larry Burns, giving the city, federal government, and the association running the memorial 90 days to dismantle the landmark, it’s almost certain that the cross isn’t coming down soon, as the order was stayed pending any further appeals....
In an action seeking benefits under insurance policies by descendants of Armenians persecuted by the Ottoman Empire, denial of defendants’ motion to dismiss the complaint is reversed where Section 354.4 of the California Code of Civil Procedure, which extends the statute of limitations until 2010 for claims arising out of life insurance policies issued to “Armenian Genocide victims,” interferes with the national government’s conduct of foreign relations. Read Movsesian v. Victoria Versicherung AG, No....
In District of Columbia v. Heller, the Supreme Court held that the Second Amendment protects an individual’s right to possess a firearm, unconnected with service in a militia, and to use that firearm for traditionally lawful purposes, like self-defense within the home. That right, according to the Tenth Circuit Court of Appeals, is “qualified by what one might call the ‘who,’ ‘what, ‘where,’ ‘when,’ and ‘why.’” The “who,” for example, does not include illegal immigrants....
Jackie was smuggling money on flights for Ordell, but he was balking at her 15 percent “management” fee. Manager’s get 10 percent, Ordell said. “No, that’s an agent,” Jackie retorted. “Manager gets 15 percent.” Oh, you saw that movie? Maybe Scott McKinney saw it, too, because he got busted for smuggling money on commercial airlines. Only, McKinney’s not getting a management fee. He’s probably getting five years. “Unlicensed Money Transmitting” Homeland Security and U....
Kids grow up quickly. One day, they’re taking their first steps. The next, they’re getting busted for heroin distribution and beating the government in the Sixth Circuit Court of Appeals. (Ideally, a parent captures more of the former and less of the latter in scrapbooks, but who can ever forget a kid’s first vacated sentence?) The Sixth Circuit Court of Appeals vacated a juvenile offender’s sentence this week, finding that a district court applied the wrong standard of proof when sentencing the teen....
Action for Racial Discrimination In Tyler v. Univ. of Ark. Bd. of Trustees, No. 10-1251, an action claiming that defendant university did not hire plaintiff for the newly created position of Director of Recruitment for Diversity in retaliation for the charge of race discrimination he had filed against the school back in 2004, the court affirmed summary judgment for defendant where 1) plaintiff put forward no evidence establishing an inference of retaliatory animus through temporal proximity of the two events; and 2) plaintiff could not demonstrate that the University’s explanation for its preference was pretextual....
1. Apply for an Extension. 2. Turn the Search for the Perfect Job Into “The Perfect Job, For Now” Search 3. Phone a Friend. Related Resources: Hundreds of thousands to lose unemployment benefits (msn money) Jobless won’t lose extended benefits (The Boston Globe) Thousands in Pennsylvania near end of unemployment benefits (The Patriot-News) Economic index points to recession’s end (The Washington Times) Recession ’losing steam’ (Chicago Sun-Times) U.S. economic update: Improving but still fragile (Fidelity’s Market Analysis, Research and Education Group) How to Cope with Job Loss (FindLaw) Employment: Wrongful Termination (provided by Hanan M Isaacs PC) Employee Rights (provided by Phillip J Griego & Associates) You Don’t Have To Solve This on Your Own – Get a Lawyer’s Help Civil Rights Block on Trump’s Asylum Ban Upheld by Supreme Court...
Religious freedom under the First Amendment and qualified immunity are both common issues for federal appellate courts to resolve these days. The Eighth Circuit Court of Appeals recently took on both in a case involving the University of Iowa’s deregistration of certain religious student groups. The university deregistered the groups after concerns arose regarding their views on LGBTQ+ relationships. Religious Freedom or Violation of University’s Human Rights Policy? A Christian student organization called Business Leaders in Christ required its student leaders to affirm that they believed same-sex relationships were against the Christian faith....
Prosecutors in New Mexico say they will charge Alec Baldwin with two counts of involuntary manslaughter arising out of the fatal shooting of cinematographer Halyna Hutchins on the set of the movie “Rust.” Baldwin denies any responsibility for the tragic death. We aren’t privy to the prosecutor’s investigation. If news reports are true, they initially seemed to be short of the evidence needed to prove Baldwin committed a crime beyond a reasonable doubt....
While much of basketball-watching world celebrated the Toronto Raptors win over the Golden State Warriors last week, the Alameda County Sheriff’s Office has been investigating an officer-involved incident with a high-ranking Raptors executive, Masai Ujiri. According to the sheriff’s statement, after the epic win, Ujiri, in a rush to the court, attempted to push past a county sheriff working courtside security without showing proper credentials. The sheriff pushed Ujiri back, and then Ujiri is alleged to have pushed the officer back hard, striking the sheriff’s face in the process....
In an action for breach of contract based on expenses related to cargo shipped as agreed but left uncollected by its owner at the dock, judgment for plaintiff with a reduced damages award against defendant is vacated in part where the trial court’s obligation was to determine whether the mitigation efforts actually chosen in those unaccustomed shoes were reasonable, not whether hindsight suggested that an objectively better choice was available....
