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District court’s grant of summary judgment in favor of the Secretary of the United States Department of Health and Human Services, denying a reimbursement claim for loss on depreciable assets resulting from a merger between two non-profit medical corporations is vacated and remanded where: 1) the Secretary’s interpretation of the related party regulations, requiring examination of whether the parties were related pre- and post-merger, is contrary to the plain language of the regulations, and under the proper, pre-merger test, the parties were not related at the time of the transaction; and 2) the district court’s determination that the merger was not a bona fide sale was not based on substantial evidence, in light of errors made in determining the value of certain assets....

Crack Sentence Affirmed In US v. Jones, No. 10-1080, the court affirmed defendant’s sentence for conspiring to distribute and possessing with intent to distribute 50 grams or more of cocaine base and 500 grams or more of cocaine powder, where 1) a witness’s uncertainty regarding what type of gun defendant possessed was not a basis for rejecting the district court’s determination that the witness was credible; and 2) the district court did not misapply U....

In the government’s appeal from the district court’s order suppressing evidence in a drug and firearm possession prosecution, the order is reversed where: 1) a consensual encounter between a defendant and an officer motivated by a mistake of law on the part of the officer did not implicate any Fourth Amendment concerns; and 2) the totality of the evidence recounted in the officer’s affidavit substantially supported the conclusion that there was a “fair probability that contraband or evidence of a crime” would be found in defendant’s residence....

Three years ago, Justice Samuel Alito was spotted shaking his head during the State of the Union, and denouncing President Obama’s explanation of the Court’s Citizens United decision as “not true.” He hasn’t returned since. Justice Alito once described a justice’s role in attending the State of the Union as sitting there “like the proverbial potted plant.” It’s a role he doesn’t particularly enjoy. Justices Antonin Scalia and Clarence Thomas similarly abhor the SOTU....

A jury convicted Cami Braden of participating in a conspiracy to obtain methamphetamine from suppliers in Utah and transport it to Wyoming for resale. The case was essentially a cake walk for the prosecutor because the government had testimony from Braden’s co-conspirators and Braden’s own confession. Not so fast, Braden argued to the Tenth Circuit Court of Appeals. Braden claimed that the confession should be suppressed because she was under the influence of methamphetamine when she made her confession for methamphetamine-related crimes....

In Bills v. Clark, No. 08-17517, a prosecution for possession of a sharp instrument by a state prisoner, the dismissal of petitioner’s habeas petition is reversed where equitable tolling is permissible when a petitioner can show a mental impairment so severe that petitioner was unable personally either to understand the need to timely file or prepare a habeas petition, and that impairment made it impossible under the totality of the circumstances to meet the filing deadline despite petitioner’s diligence....

In an Army veteran’s claim that he was eligible for early retirement and extra pay in accordance with the Temporary Early Retirement Authority, district court’s dismissal of the claim is affirmed as the claimant failed to bring suit within the six-year statute of limitations required by 28 U.S.C. section 2401(a) because: 1) a late-filed request for reconsideration does not toll the accrual date for the statute of limitations; 2) the claimant did not raise his petition for rehearing to the Board until after the time allotted by the regulations; and 3) thus, claimant was not legitimately still pursuing military administrative remedies....

In an employment discrimination case involving claims of race discrimination, retaliation, and hostile work environment, summary judgment for defendant-Secretary of Veterans Affairs is affirmed where: 1) plaintiff failed to prove a prima facie case under the indirect theory of race discrimination that she was meeting legitimate expectations, judged by whether the employee was performing adequately at the time of the adverse employment action, and whether she has identified a similarly situated employee; 2) plaintiff failed to prove that she suffered retaliation by showing more or less the same factors required under the race discrimination claim; and 3) plaintiff failed to prove (a) that her work environment was both objectively and subjectively offensive; (b) that the harassment was based on her membership in a protected class;(c) that the conduct was either severe or pervasive; and (d) that there is a basis for employer liability in order to pursue a hostile work environment claim....

In US v. Jumah, No. 08-1931, the Seventh Circuit faced a challenge to a conviction of a DEA’s confidential informant for knowing possession of a listed chemical, knowing or having reasonable cause to believe, that the chemical would be used to manufacture a controlled substance and a sentence of a 151-months’ imprisonment. In affirming the conviction, the court rejected defendant’s claims of Brady and Giglio violations as his unsupported assertions that the government suppressed evidence are insufficient to make out a Brady or Giglio violation....

No more secrets. At least, that’s what the Delaware Coalition for Open Government says, and two lower federal courts agreed. But, on the day of the deadline, attorneys for the Delaware Court of Chancery filed their petition for writ of certiorari, reports Reuters. The Delaware Chancery Arbitrations Delaware amended its laws in 2009 to provide “the power to arbitrate business disputes” to the Delaware Court of Chancery. If one of the entities is a Delaware corporation, the dispute is over $1 million or more, and if neither party is a consumer, state-sponsored arbitrations may ensue, though they are not open to the public....

In In re: Latture, No. 09-6016, court of appeals affirmed the bankruptcy appellate panel’s (BAP) order dismissing debtor’s appeal as untimely, holding that 1) debtor’s failure to timely file an appeal in compliance with Rule 8002(a) deprived the BAP of jurisdiction to hear his appeal; 2) by its own terms Fed. R. App. P. 6 did not govern an appeal taken from bankruptcy court to a bankruptcy appellate panel; and 3) even assuming debtor did not receive the court’s judgment, the BAP could not extend the time to file a notice of appeal....

Pro-Life advocates and New York City verbally sparred before the Second Circuit Court of Appeals on Monday over New York City Local Law 17. District Judge William Pauley struck the law as unconstitutionally vague last year. New York City Mayor Michael Bloomberg signed the law to address concerns that some pregnancy services centers in the city engaged in deceptive practices, misleading consumers about the services or goods that provided and referrals to third-party providers....

A district court judge has dismissed a woman’s lawsuit against the city of Scottsbluff, Nebraska, and its former police chief Alex Moreno. The suit involves dramatic allegations and tales of intrigue: police power, a sexual rendezvous, and harassment. Albeit a lusty page-turner, U.S. District Judge Richard Kopf was unmoved by Tamara Villanueva’s claims and dismissed the suit. Villanueva alleged that she had a month-long sexual affair with then-Police Chief Moreno that began while she served as a neighborhood watch coordinator....

There’s been a lot of talk about search and seizure lately, thanks to the recent Supreme Court dog sniff searches case. While the Nine are tasked with deciding whether Americans have a right to privacy regarding their illegal activities, the appellate courts are still considering the classic Fourth Amendment issue: curtilage. This week, the Seventh Circuit Court of Appeals reminds us that exigent circumstances trump curtilage rights in Fourth Amendment claims....

On the one hand, you could understand Florida legislators: Facing mounting school shootings, reading the current gun rights landscape, and seeing little in the way of federal regulations that would restrict dangerous firearms, they threw up their hands and decided to arm the teachers. On the other hand, the simple fact of gun ownership is that having a gun makes you more likely to be shot by one. So, are these teachers, or their students, going to be any safer if firearms are introduced into classrooms?...

Loud, unpopular, even hateful speech is still speech and it still deserves First Amendment protections. That’s the gist of a recent Sixth Circuit case dealing with the classic “heckler’s veto” or the ability of an angry crowd to shut down an unpopular speaker. In this particular case, the hecklers were attendees of the Arab International Festival who were harangued by a pigs-head-on-a-stick wielding “group of self-described Christian evangelists preaching hate and denigration,” according to the Sixth Circuit....

Members of the U.S. Senate Judiciary Committee grilled President Joe Biden’s latest nominee to the U.S. Court of Appeals for the D.C. Circuit this week, with some focusing on his age more than his experience. Bradley Garcia, 36, would be among the youngest federal judges and the first Latino judge to serve on the D.C. Circuit if he’s confirmed. But unlike the requirements for Congressional positions and the president, the Constitution doesn’t require anyone to reach a certain age before they join the bench....

Snow is a dangerous reality of many roads and highways across America, and snow tires and snow chains are a good way for your car to maintain traction on the road and avoid potential accidents. But whether it’s a necessity where you live to equip your vehicle with these traction devices, it’s quite another thing to require them by law. Winter driving laws vary across the states, but here’s a general overview of when it’s illegal to drive without snow chains or snow tires:...

From lawsuits determining whether or not drivers can bring class actions, to drivers [allegedly] behaving badly, Uber seems to be in the legal news a lot these days. But, what seems to dominate the news cycle is the argument over whether Uber drivers are employees or independent contractors. And, most recently, this has been put into the context of whether or not Uber is violating federal antitrust laws. What’s Uber Doing to Possibly Violate Federal Antitrust Laws?...

College admissions that consider applicants’ racial background still do not violate the Equal Protection Clause, the Supreme Court ruled this morning. The ruling, in Fisher v. University of Texas at Austin, ends a long-running dispute about the University of Texas’s admissions criteria, which considers “intangible characteristics” of the incoming student body, including diversity. In a surprise move, Justice Kennedy wrote the majority for the Court, which split 4-3, with Justice Kagan recusing herself....