In large chunks of the U.S., the post-Roe landscape is sizing up as a very dangerous place — and not just for women who seek an illegal abortion or anyone who performs them. Now that they’ve received the green light by the U.S. Supreme Court, many states are banning abortion. But some are going further by incentivizing “citizen enforcers” to bring lawsuits against anyone who “aids and abets” an illegal abortion....
Conviction for drug crimes and firearms possession is affirmed where there was an adequate factual basis to determine that defendant Holland possessed a firearm in furtherance of a drug crime. Appeal of defendant Cheney is dismissed where he voluntarily and knowingly waived his right of appeal as part of his sentencing agreement. Read US v. Cheney, No. 08-1509 Appellate InformationAppeal from the United States District Court for the Northern District of Iowa....
In an action for breach of a licensing contract and tortious interference with contract, district court judgment is affirmed where: 1) the court did not abuse its discretion in precluding plaintiff’s lay opinion testimony, as the testimony was not grounded in personal knowledge or experience; 2) there was sufficient evidence for a jury to find against co-defendants Thompson, Parks, and Sorkin and impose personal liability on the tortious interference with contract claim....
This post was updated on December 13, 2022. Although it takes two to get married, it typically only takes one to get divorced. When a divorce petition has been filed by the spouse seeking divorce, that petition is served on the other spouse. That spouse is then expected to answer the petition within a specific time dictated by state law. But what happens if the other spouse fails (or refuses) to respond to the divorce papers?...
Supreme Court junkies might be suffering from withdrawal. After the thrill of the 2011 term — immigration, health care, etc. — the 2012 term seems tame by comparison. Sure, the Court reviewed affirmative action, but can anyone outside the legal sector name any other case from the first sitting? Doubtful. Fear not. The November sitting will be a little more exciting, starting with the first case, Clapper v. Amnesty International USA....
So-called anti-vaxxers believe that vaccination is harmful, as vaccines contain harmful “chemicals.” A resurgence in once long-gone diseases is arguably attributable to a new wave of parents who refuse to vaccinate their children. The problem is that many public school districts require children to be vaccinated before they can attend school. Because, you know, a parent’s decision not to vaccinate actually has consequences for other children. But just ignore all that....
Charles Gayheart applied for Social Security disability insurance benefits (DIB) in December 2005 due to manifestations of anxiety, panic disorder, bipolar disorder, and depression. After an initial denial of his application and three separate hearings, an administrative law judge (ALJ) found that the limitations caused by Gayheart’s impairments did not preclude him from working and denied his DIB application. Gayheart later lost his administrative and district court appeals. Tuesday, the Sixth Circuit kicked Gayheart’s case back to the Social Security Administration for further review....
Let’s play a word association game. I say “Sixth Circuit.” You say … First circuit to rule against gay marriage since Windsor. A circuit that battles the Ninth Circuit for the title of “most reversed” A circuit that is somewhere in the Midwest. Let’s see how this year fit into our mental schematic, shall we? Here are the 10 most popular Sixth Circuit blog posts for 2014: 10. Gay Marriage at the 6th Cir....
The 7th Circuit Court of Appeals ruled that inaction might trigger liability under ERISA law, reports CFO.com. ERISA. It’s one of those things that in-house lawyers hear about but don’t always fully understand. It’s something that employment lawyers know can be one of their greatest weapons but they don’t want to crack open the Tax Code to decipher it. The basic rule behind ERISA is simple: Employers who offer an employee benefit plan must comply with certain rules set aside under ERISA law....
Should the district court have suppressed the evidence in the felony firearm possession conviction of Tony Robinson? The 8th Circuit Court of Appeals said yes, after Robinson challenged the district court’s denial of a motion to suppress the evidence. The opinion stems from the incidents of September 26, 2009, where Robinson was kicked out of a nightclub in Little Rock, Arkansas, for engaging in an altercation. Robinson returned to the club, carrying a firearm and several police officers at the club were notified....
If you are homeless, and you can’t sleep on public property, where in the world are you supposed to sleep?! Exactly. That’s why the U.S. Ninth Circuit Court of Appeals refused to reconsider its decision against prosecuting homeless people for sleeping on public property. Unless there is a shelter nearby, the appeals court said, the homeless have no place else to go. Was there really ever a question? No, but there was definitely a debate at the court of appeals....
A recent talk before an Eighth Circuit conference gave us all some insight into the day-to-day life of the youngest member of the High Court. In a panel discussion with Eighth Circuit Chief Judge Lavenski Smith, Gorsuch described his usual daily routine. He also expressed some views on how the media focuses too much on the close cases rather than the unanimous decisions. Justice Gorsuch also explained that despite all the disagreements, the Justices share a rather “collegial atmosphere,” he stated: “just because you disagree doesn’t mean you have to be disagreeable....
Immigration was the hot-button issue throughout Donald Trump’s presidency. He stepped up deportations, reduced the number of visas available, and closed the door to most refugees. With the stroke of a pen, however, new President Joe Biden is seeking to quickly undo some of those changes. This post will focus on these quick changes. We will look at Biden’s proposed legislative changes to immigration laws in a future post. Day One Immigration Executive Orders Biden signed a handful of immigration-related executive orders (EOs) during his first hours in office, making changes that do not require approval from Congress....
Drones are an exciting and fun way to get a bird’s eye view of an area. This new hobby has taken off, but as a drone pilot, it’s important to understand where your drone is permitted and where it’s not before you accidentally pilot into troubled skies. Do You Need Training To Fly a Drone? There are currently more than 518,000 recreational drones in use in the U.S., according to the FAA....
In US v. Oaks, No. 08-2451, the court of appeals affirmed defendant’s conviction and sentence for being a felon in possession of a firearm, holding that 1) there was no evidence suggesting any adverse rulings were motivated by bias on the part of the court; 2) the district court did not omit a definition of “knowingly” in its instructions; 3) defendant placed his knowledge of the firearm’s presence at the scene on his person at issue by pleading not guilty to the crime and requiring the government to prove his guilt beyond a reasonable doubt; and 4) defendant’s attempt to save his claim of sentencing error by characterizing it as a due process violation was unavailing because his failure to object obviated any argument he could make that the information in the presentence report was inaccurate....
Earlier this year, we learned that the Tenth Circuit Court of Appeals won’t suppress a confession based on a defendant’s assertion that she was under the influence of methamphetamine at the time she confessed. Now, the Tenth Circuit has ruled that a defendant cannot withdraw her guilty plea based on her claims that a Department of Justice official used cookies and tea to coerce her to accept the agreement. Defendant Eulet King pleaded guilty to conspiracy to distribute and to possess with intent to distribute 1000 kilograms or more of marijuana and conspiracy to commit money laundering....
Just a few days after the most popular hot dog eating holiday in the country, the legal fight between two titans of the hot dog industry came one step closer to reaching a final resolution. The Third Circuit Court of Appeals issued their order in the closely watched Parks v. Tyson case. Tyson Foods owns Ball Park brand hot dogs, while Parks became known for making PARKS’ brand hot dogs....
New York City has more cats and dogs than most American cities have people, and that’s the problem. The city has to deal with about one million dogs and cats – not to mention half a million feral cats – but it recently got some help from the U.S. Second Circuit Court of Appeals. The appeals court upheld the city’s ordinance regulating “puppy mills,” the pejorative term for some commercial dog distributors....
Modern AI (artificial intelligence) involves sophisticated algorithms and massive computing power. AI has been used to solve numerous problems, and it seems AI’s only limit is human creativity. Despite its successes, however, no AI has reached sentience (or even so-called “strong” AI), despite claims that a Google employee recently made regarding LaMDA. We are a ways away from HAL 9000, but even so, weak AI is powering numerous industries and helping researchers, scientists, and others develop groundbreaking and novel technologies....
As President Trump reshapes the federal courts through judicial appointments, the U.S. House of Representatives is considering even bigger changes. The House Judiciary Committee has approved three wide-ranging bills, which will now go to the entire legislative body. The measures cover so many subjects that the American Bar Association has asked the lawmakers to slow down. ABA President Bob Carson said the proposals deserve more time for review. But one bill – to split the U....
