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In Savoy v. US, No.08-6240, the Sixth Circuit faced a challenge to the district court’s partial denial of defendant’s Fed. Rule of Crim. Proc. 41(g) motion for return of videos, whose subjects were adults who were not aware that they were being recorded, in a prosecution for child-pornography related charges. As stated in the decision: “The district court found that ’the tapes were made using a hidden camera, and the females were not aware that they were being taped in various stages nudity and/or performing sex acts,’ but the court did not make an explicit finding as to whether the females were ‘in a place where there is a reasonable expectation of privacy’ as required under section 39-13-605....

In SEC v. Rajaratnam, No. 10-462, defendants’ appeal from a discovery order of the district court compelling them to disclose to the SEC wiretapped conversations provided to them by federal prosecutors in a related criminal case for use in this civil enforcement action against defendants, the court vacated the order where, while Title III of the Omnibus Crime Control and Safe Streets Act of 1968, does not absolutely prohibit the disclosure of wiretap conversations by defendants in a civil enforcement proceeding to a civil enforcement authority where the defendants have received the wiretaps lawfully pursuant to Title III, a district court addressing a discovery demand for such materials must balance the right of access to these materials against the privacy interests at stake....

Stealing candy from a baby may be easy, but abusing older adults is more profitable. And, unfortunately, very popular. Despite the universal ideal that we must respect anyone older than us, older adults are abused across cultures and classes in the United States. The U.S. Department of Health & Human Services estimates that one in every ten older adult Americans is mistreated by loved ones or strangers. Older Adult Abuse Basics Elder abuse, now typically referred to as “older adult abuse,” takes many forms....

The Great Library of Alexandria burned down in 48 B.C., and we lost an unimaginable wealth of ancient collected knowledge. Nikola Tesla’s research lab in New York City burned down in 1895, which urban legend holds contained the solution to his “dynamic theory of gravity". I bring this up because of all the great documents lost to history, President Donald Trump’s tax returns may currently be first on the list....

The Eighth Circuit Court of Appeals reduced a judgment against Tony Alamo this week, finding that the judgment exceeded the single-digit ratio between punitive and compensatory damages that the Supreme Court encourages, reports the Arkansas News Bureau. Last year, a jury found Alamo liable for battery, outrage and conspiracy and awarded two men $33 million each for the abuse they suffered as children while members of the Tony Alamo Christian Ministries....

The Eight Circuit has upheld the conviction, on sexual abuse and molestation charges, of a South Dakota man found to have abused several young girls, including his nieces, near the Rosebud Indian Reservation. Randy Never Misses A Shot had been convicted of five counts of child related sexual abuse. He appealed, arguing, in part, that the court had erred in allowing six witnesses to testify about similar sexual assaults he committed and in refusing to allow him to introduce evidence that one of his alleged victims had been previously molested by others....

The Third Circuit reversed the district court’s dismissal of a whistleblower case against a make-up company because the claims were more than just “skin deep.” Steven Trzaska, a patent attorney for L’Oreal, filed a lawsuit after being terminated for protesting a strict policy that he believed violated his professional duties as a patent attorney. The policy, allegedly, would have forced him, and others on his team, to file patent applications without a good faith belief that the applications were meritorious....

Perkins v. Herbert, No. 08-1490, involved the government’s appeal from the conditional grant of petitioner’s habeas petition in a robbery prosecution. As the court of appeals wrote: “On direct appeal following his conviction, Perkins asserted a constitutional challenge under the Confrontation Clause of the Sixth Amendment, arguing that the trial court erred in admitting the Grand Jury testimony and supporting depositions of Cruz without allowing Perkins the opportunity to cross-examine her....

Good client intake is like a good handshake. Both people can feel something from the beginning. Back in the day, a firm grip might suggest a strong constitution and commitment. People were as good as their word. Today, however, client intake is not about handshakes. It includes intake forms, engagement letters, and fee agreements. It is harder to discern if the client relationship is a good fit. What does your gut tell you?...

A guy walks into a bar … I mean, walks to the border. Seeking to enter the country, he says, “S’up. I’m a United States Citizen.” He is then admitted into the country … in handcuffs. His creative defense was delusions of citizenship. The elements of 18 U.S.C. § 911 are about what you’d expect: the defendant made a false claim of U.S. citizenship; his misrepresentation was willful; and it was conveyed to someone with good reason to inquire into his citizenship status....

A quick quiz to start off this post. “Doing more with less” is: A meaningless bit of corporate jargon, like “synergy” A thin justification for layoffs A pithy description of the increasing pressure businesses face due to automation and global competition A mantra used to incentivize and teach employees new skills and processes I almost stopped reading after the word “synergy” A recent article in Forbes urged the legal industry to adopt this phrase as a necessary part of the modern delivery of legal services....

The COVID-19 pandemic has enticed many people to suddenly become interested in plants and growing things from home. If your green thumb has blossomed, you might be wondering if you can sell the plants and produce you grow as a home business, small business, or hobby. There are some restrictions and caveats to keep in mind. Avoid Selling Patented Plants One restriction is that you can’t sell patented plants (yes, a plant can be patented!...

In Landers Auto Group Number One, Inc. v. Continental Western Ins. Co., No. 09-2783, an action seeking indemnity and defense under an insurance contract, the court affirmed summary judgment for defendant where defendant-insurer had no duty to defend the Truth in Lending Act claims in the underlying action, because the plain language of the word “accident” when read in context with the policy made it clear the policy referred to physical accidents as opposed to accounting errors....

Normally, bankruptcy lawyers advise their clients on how to legally achieve a discharge of their debts. They explain to their clients that the bankruptcy system offers a fresh start to the proverbial “honest but unfortunate debtor.” But that wasn’t the case for one recently suspended Colorado lawyer who encouraged his chapter 7 bankruptcy clients to spread COVID-19 to opposing counsel, among other egregious misconduct. Just the Tip of the Misconduct Iceberg “If either of you have COVID or some other highly infectious, nasty disease — or if you know someone who does — please make sure they lick the envelope and handle it as much as possible,” attorney Devon Barclay wrote in an email to his clients regarding what to include in their discovery responses to their Chapter 7 trustee’s counsel....

In an action brought by a receiver for a corporation through which a Ponzi scheme was run against various third-parties, denial of defendants’ post-trial motion for judgment of law is vacated and remanded where, although the receiver sufficiently alleged an injury distinct to the corporation to get past the standing threshold, on the facts presented to the jury, neither key individual defendants can be liable to the plaintiff acting as the corporation’s receiver....

In a discrimination action brought under Age Discrimination in Employment ACt, district court judgment is affirmed where plaintiff failed to show directly or indirectly that there was intentional age discrimination in the defendant’s reduction in workforce decision to fire him. Read Martino v. MCI Communications Services, Inc., No. 08-2405 Appellate InformationAppeal from the United States District Court for the Northern District of Illinois, Eastern Division.Argued May 28, 2009Decided: July 28, 2009...

In US v. Epstein, No. 09-4025, the court held that prior terms of imprisonment for violations of supervised release do not limit the maximum sentence a district court may impose for a subsequent violation of supervised release under 18 U.S.C. section 3583(e)(3), as amended by the Prosecutorial Remedies and Other Tools to end the Exploitation of Children Today Act of 2003 (PROTECT Act). In Luna v. Holder, No. 07-3796, the court transferred petitions for review of final orders of removal to the district court for further proceedings, holding that 1) although the petitions are untimely, the REAL ID Act did not divest district courts of habeas jurisdiction to consider petitioners’ claims that they were prevented by circumstances beyond their control from filing timely petitions for review; and 2) thus, the circuit court need not decide whether the statutory 30-day filing requirement violates the Suspension Clause of the U....

In an action for tortious interference with, and inducement to breach, agreements regarding the development of a gasification technology, grant of defendant’s motion to compel arbitration is affirmed where: 1) the district court did not err in its reliance on a concerted misconduct theory of alternative estoppel to grant defendant nonsignatory’s motion to compel arbitration; and 2) in light of the interpretive preference for arbitration, plaintiff’s tort claims were “disputes arising under” the agreements and were therefore within the scope of the broad arbitration clause....

Over the weekend, President Donald Trump spoke at Shell’s Chemicals Petrochemical Complex in Pennsylvania, and images showed thousands of union contractors in attendance. The speech was ostensibly an official White House event, not sponsored by his reelection campaign, but that didn’t stop Trump from doing a little politicking. “I’m going to speak to some of your union leaders to say, ‘I hope you’re going to support Trump.’ Okay?” Trump said. “And if they don’t, vote them the hell out of office because they’re not doing their job....

Stilp v. Contino, 09-3016, concerned a government watchdog’s section 1983 suit, challenging the constitutionality of a statute mandating confidentiality in proceedings before the State Ethics Commission. In affirming the district court’s grant of a preliminary injunction enjoining enforcement of the statute, the court held that section 1108(k), to the extent it prohibits a complainant from disclosing his own complaint and the fact that is was filed, unconstitutionally constrains political speech in violation of the First Amendment....