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On August 6, 2014, the Sixth Circuit will hear oral arguments in five consolidated cases addressing same-sex marriage bans in every state in the circuit – Kentucky, Tennessee, Michigan and Ohio. We also have the skinny on the panel, which includes two Republican appointees and one Democratic appointee, as well as information for those who wish to attend the oral arguments in person. Five Cases, Four States… Here are the five cases that will be a part of the mega-arguments:...

And it’s Garland. After a month of speculation, President Obama upset many oddsmakers and nominated Chief Judge of the D.C. Circuit, Merrick Garland, for the Supreme Court. Garland is a bit of a surprise – he’s older, whiter, and more centrist than some of the others under consideration – but he’s also a widely respected jurist, a pick designed to frustrate Senate opposition. Here’s what you need to know about the potential Supreme Court justice, Merrick Garland....

In a capital habeas matter, the denial of the petition is affirmed as to petitioner’s guilt where: 1) petitioner failed to claim potential or actual bias on the part of a juror; 2) there was no reasonable probability that the outcome of the guilt phase of the trial would have been different had suppressed evidence regarding a witness’s plea agreement been introduced. However, the denial of the petition is reversed as to the penalty phase where trial counsel was constitutionally ineffective for failing to investigate and present to the jury the wealth of classic mitigating evidence that was available to him....

In plaintiff’s civil action against defendant, pursuant to Bivens v. Six Unknown Named Agents of Federal Bureau of Narcotics, for constitutional violations that defendant allegedly committed while serving as the Assistant United States Attorney who prosecuted plaintiff for conspiracy to provide material support or resources to terrorists and conspiracy to engage in fraud or misuse of visas, permits or other immigration documents, partial denial of defendant’s motion to dismiss is reversed where: 1) plaintiff has pointed to no harm to himself from the investigation defendant conducted except the non-disclosure of certain exculpatory evidence at trial; and 2) defendant is shielded by prosecutorial immunity for such non-disclosures of exculpatory evidence....

Attorney’s Process & Investigation Servs., Inc. v. Sac & Fox Tribe of the Miss. in Iowa, No. 09-2605, involved an action seeking a declaratory judgment that an Indian tribal court lacked jurisdiction and an order compelling arbitration. The court of appeals affirmed summary judgment for defendant in part on the ground that the tribal courts could exercise adjudicatory jurisdiction over the tribe’s claims against plaintiff for trespass to land, trespass to chattels, and conversion of tribal trade secrets....

In a decision by the U.S. Eleventh Circuit Court of Appeals, Judge Stanley Marcus described cases against Wells Fargo and Bank of America in a word: “ambitious.” That’s because Miami has fought the banks to the U.S. Supreme Court and back again. In City of Miami v. Wells Fargo & Co., the city alleges the banks intentionally targeted black and Latino residents for predatory loans. On remand from the Supreme Court, the Eleventh Circuit had to decide whether the city adequately plead proximate cause between the claimed injuries and the allegedly injurious conduct....

With all the holidays over the next couple of months, the U.S. Supreme Court is going to be in and out of session on a very irregular schedule. Some weeks will only have a few oral arguments, many weeks will have none. And next week? Next week’s oral arguments at the Court are some of the most interesting you’ll see before the New Year. There’s national security versus a whistleblower. There’s sawed-off shotties, destroyed fish, presidential power versus passports, a Truth in Lending Act case, and a case about securities that few beyond the actual parties to the case will actually be paying attention to....

This week, the Eighth Circuit Court of Appeals tackled murder-for-hire, the statute of limitations, and ex post facto laws. Here’s just one of the problems with getting caught up in a murder-for-hire scheme: If you’re unsuccessful, you don’t get paid, and if you’re successful, it may be hard to use the statute of limitations to evade prosecution. (Yes, a greater problem is that it is wrong to kill a person, but we don’t think that someone who would actually contemplate murder-for-hire is persuaded by such sound reasoning....

In an appeal from a tax court’s post-trial decision to adopt the Commissioner of Internal Revenue’s computation of the taxpayer’s estate tax deficiency rather than the taxpayer’s own computation, the order is affirmed where: 1) the tax court did not abuse its discretion in computing the amount of the deficiency; and 2) the tax court did not abuse its discretion by adopting the Commissioner’s Rule 155 computation. Read Powell v. Comm’r....

Two men convicted on drug-related charges are getting a second chance to appeal their convictions after alleging that they were the victims of prosecutorial misconduct. The Tenth Circuit Court of Appeals remanded their case this week, instructing the district court to look into whether a prosecutor’s false statement improperly prevented them from obtaining relevant discovery. Defendants William L. Pickard and Clyde Apperson were convicted of drug-related crimes in a Kansas federal court....

In habeas proceedings arising from petitioner’s conviction of two counts of conspiracy to commit murder, district court’s judgment is reversed where the evidence was insufficient to allow a rational trier of fact to find defendant participated in two conspiracies and the court’s contrary conclusion was an unreasonable application of clearly established Supreme Court precedent, In re Winship, 397 U.S. 358 (1970). Read Robertson v. Klem, No. 07-2581 Appellate Information On Appeal from the United States District Court for the Western District of Pennsylvania (D....

Congress passed the Privacy Act of 1974 to establish protocols to govern the collection, maintenance, use, and dissemination of information maintained in federal agency records. The Act includes a private cause of action for violations This week, the Supreme Court heard oral arguments in FAA v. Cooper, a dispute between the Federal Aviation Administration (FAA) and a pilot who claims that he suffered emotional distress as a result of a Privacy Act violation....

Back in the early 1990s, she was investigated by Agent Dean Scheidler of the FBI in connection to threats against a commercial airliner. While awaiting trial, she carved “death to Scheidler” on the seat in her cell. While in prison for that offense, she assaulted and threatened to kill a prison guard. When she was released, she continued to harass the prison guard though personal letters and calls to his work and home....

The U.S. Supreme Court turned away President Trump’s initiative to turn away illegal migrants seeking asylum in the United States. It was a close decision, as Chief Justice John Roberts Jr. sided with the liberal wing of the court. That included Justice Ruth Bader Ginsburg, who was recuperating from cancer surgery the same day. The decision was important to asylum-seekers, but also to court-watchers. It illustrates the high stakes in the balance between the president and the judiciary....

We’ve heard of long-arm jurisdiction, but this case puts both Wilt Chamberlain’s wingspan and Stretch Armstrong to shame. Gina Fiore and Keith Gipson are professional gamblers. On their way back from rounding in Puerto Rico, they were questioned about the large amount of cash on their persons by a DEA agent. During their subsequent layover in Atlanta, another DEA agent, Anthony Walden, questioned them, and this time, seized their cash....

All the best scams have cool names. Pyramid and Ponzi schemes. Email phishing and catfishing. Virtual kidnapping and neighbor spoofing. And then there is the mysterious Wangiri. “Wangiri” is Japanese for “one ring and drop,” and describes a specific phone scam designed to hook people into long phone calls at exorbitant rates. So how does it work, and what can you do to prevent it? That Call Is Coming From Outside the Country We all miss calls....

It’s one thing when a teenager hacks your computer; it’s another when an international spy company does it. NSO Group is that kind of company, and it is not kid’s stuff. NSO has sold hacking tools to dictators to spy on dissenters and human rights activists around the world. But actually, it is not all bad. In Mexico, for example, NSO operatives helped spy on people with information about drug lord Joaquin “El Chapo” Guzman....

What happens when an episode of “The Good Wife” begins with on-screen disclaimers? In this case, you get a “ripped-from-the-headlines” subplot that (a) threatens to derail Alicia’s latest campaign event (a televised debate) and (b) overshadows the few moments of actual legal drama. Here’s what you need to know from last night’s episode, entitled “The Debate”: Episode Recap (Spoiler Alert!): As Alicia prepares for a debate against Frank Prady (played by David Hyde Pierce), subplots unfold: A reporter has pictures of Peter Florrick with Ramona, longtime client Neil Gross isn’t happy about his divorce negotiation, and there’s a grand jury decision due any minute about the death of an unarmed black man during a scuffle with police....

In the case of the Patient Protection and Affordable Care Act (PPACA) challenge that won’t die, new voices are now jumping into the legal fray. Eleven Republican Congressmen, led by Sen. Orrin Hatch of Utah, submitted an amicus brief in support of Hobby Lobby’s challenge of Obamacare in the name of the Religious Freedom Restoration Act (RFRA). We’ve covered a few of Hobby Lobby’s crafty exploits here, but up to this point, they’ve had little success in fighting the health care mandate and its related birth control provisions....

We’ve been meaning to cover this case for a few weeks now, but with breaking new developments related to the Central Park Five settlement, and the at long last release of the “drone strike” memo, we were distracted. But now, we can now take a look at one of the most important Second Circuit Fourth Amendment cases to be heard this year. And the court didn’t stop there. It also gave district courts some suggestions on dealing with jurors’ use of social media and the importance of jury instructions....