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In an Americans with Disabilities Act action based on plaintiff’s inability to complete a physical safety training program adopted by her employer, summary judgment for defendants is affirmed where a job function that is rarely required in the normal course of an employee’s duties may nonetheless be an essential job function under the ADA when the potential consequences of employing an individual who is unable to perform the function are sufficiently severe....

In a securities fraud action alleging that defendant bank failed to make certain disclosures relating to the mutual funds it offered, the dismissal of the complaint is affirmed where: 1) neither the Securities Act nor Form N-1A required defendants to disclose the information that plaintiffs allege was omitted; and 2) a careful review of plaintiffs’ allegations revealed that the true object of their claims was the alleged malfeasance of the mutual funds’ affiliated broker-dealer entities and not the public offerings conducted by the funds themselves....

Do you remember that scene from “Legally Blonde” (now more than 20 years old!) where Elle Woods throws a slew of legal jargon at her hair stylist’s ex and convinces him to give up possession of their tiny dog? What was she talking about? Does interacting with legal concepts have to be that confusing? Elle Woods Uses Legal Jargon in Daily Life Let’s take you back. After Elle and her stylist Paulette Bonifanté bond over a manicure, they stomp off to confront Paulette’s ex, who kept the couple’s dog and trailer when they split....

After years of uncertainty regarding what legal cannabis companies can do with their money, a solution may be in sight. The U.S. House of Representatives voted Wednesday to advance legislation allowing federally regulated banks to provide services to marijuana companies in states where it is legal. While it is not the law of the land yet, the bill demonstrates an interest in resolving one of the most problematic areas of cannabusiness....

There have many developments in recent weeks involving voting restrictions and mail-in voting as the Nov. 3 general election nears. Here is a summary: Massachusetts OKs Voting by Mail Massachusetts Governor Charlie Baker has signed into law a bill that will allow all state residents to vote by mail for the state’s Sept. 1 primary and the Nov. 3 general election. The temporary measure, a response to the coronavirus pandemic, gives state residents the right to vote by mail without restriction....

In US v. $22,050.00 US Currency, No. 08-6335, the U.S. Court of Appeals for the Sixth Circuit dealt with a challenge to a judgment against a claimant regarding $22,050, which was seized at claimant’s office during a criminal investigation. As the court stated: “In civil forfeiture cases such as this one, where the question is whether to excuse a known claimant’s failure to file a verified claim and answer in the allotted time, district courts should analyze the case using the generally applicable Federal Rules rather than under the requirement of ‘strict compliance’ with the forfeiture rules....

Seattle can continue with its minimum wage hike after the International Franchise Association lost its lawsuit challenging the ordinance. The IFA had sought to halt the wage increase, which went into effect this April, but the Ninth Circuit denied their request for a preliminary injunction last Friday. The court rejected the IFA’s claims that the wage increase “illegally discriminates against franchises.” The law raises Seattle’s minimum wage incrementally from $10 an hour to $15 over a period of years....

Lawyers are a well-caffeinated bunch, and many of us get our regular fix at Starbucks. You’ve probably noticed a plexiglass tip box next to the register while ordering your latte in your neighborhood Starbucks. While other coffee shops may boast tip jar/can variations with messages like “Tips = Good Karma” or “Thanks a Latte,” the Starbucks tip receptacles are uniform. And they’re the subject of a challenge before the Second Circuit Court of Appeals....

While bankruptcy rates continue to decline, there are still plenty of people filing for bankruptcy. And many of those seeking bankruptcy protection are senior citizens. Seniors filing for bankruptcy raise a unique question: Should Social Security Income be included in the petitioner’s disposable income calculation? According to the Tenth Circuit Court of Appeals, it doesn’t have to be. Fred Fausett Cranmer filed a Chapter 13 repayment plan. In connection with the petition, Cranmer filed a Form 22C (Statement of Current Monthly Income and Calculation of Commitment Period and Disposable Income)....

Strict textualism is alive and well in the Supreme Court, even after Justice Scalia’s passing. Nowhere can that be seen more clearly than in Lockhart v. U.S., one of the first decisions since Scalia’s death. The question presented: how to interpret statutory mandatory minimum sentences for sexual abuse. The result: a 6-2 split, broadly extending the reach of the statute. The cause: a dangling modifier the justices refused to overlook. Get out your grammar books, kids....

Reversing two appellate courts, the U.S. Supreme Court approved part of the President’s travel ban against nationals from six Muslim nations and refugees. The court said the President’s executive order may be enforced against those people who have no bode fide connections in the United States. Those who already have families, work, or school in the county may continue to enter pending a hearing next session in Trump v. International Refugee Assistance Project....

In US v. Boesen, No. 08-3842, the Eighth Circuit affirmed defendant’s health care fraud convictions, holding that defendant’s Rule 33 motion for a new trial was untimely because defendant did not file a Rule 33 motion within seven days after the verdict, and did not ask the district court for an alternative determination about a new trial. As the court wrote: “On August 7, 2006, immediately after excusing the jury, the district court announced that it was prepared to rule on Boesen’s motion under Fed....

Conviction of a defendant for being a felon in possession of a firearm is affirmed in part and reversed in part where: 1) the district court did not err in denying defendant’s motion to suppress because the officers did have reasonable suspicion to stop defendant’s van and the gun, which was in plain view inside the van, should not be suppressed; and 2) district court plainly erred in using defendant’s prior involuntary manslaughter conviction to enhance his sentence as it does not qualify as a crime of violence....

In defendant’s appeal from a district court’s order requiring him to reimburse the U.S. Treasury for the legal services provided to him under the Criminal Justice Act, the order is affirmed where: 1) a conveyance of property made by defendant was voidable as fraudulent because it was made with the actual intent to hinder the government from receiving payment and it was made without receiving reasonably equivalent value at a time when defendant reasonably should have realized that he might incur a criminal fine that he would be unable to pay; and 2) the district court correctly concluded that defendant and his wife could exempt only eighty acres of their land from legal process....

Defendant’s money laundering convictions are reversed where, although the government had abundant evidence of defendant’s khat-related activities, the circumstantial evidence that the government presented did not support an inference that his proceeds were the result of the importation of cathinone. Other drug and conspiracy convictions are vacated where the district court gave erroneous instructions that omitted defendant’s specific intent to import a controlled substance. Read US v. Hassan, No. 05-6949...

Defendant’s sentence for conspiracy to engage in the unlicensed dealing of firearms is affirmed where: 1) because defendant did not object at the time of sentencing that the prosecutor’s remarks were in breach of the plea agreement, such a claim was not preserved for appeal; and 2) the terms of the plea agreement did not preclude the government from making a good faith argument that defendant did not satisfy one or more of the conditions entitling him to a downward departure recommendation....

Dismissal of SORNA Indictment Affirmed In US v. Valverde, No. 09-10063, a prosecution under the Sex Offender Registration and Notification Act, the court affirmed the dismissal of the indictment where the Attorney General’s interim regulation of February 28, 2007 – applying SORNA’s registration requirements retroactively to sex offenders, such as defendant, who were convicted before the statute’s enactment – did not comply with the notice and comment procedures of the Administrative Procedure Act, and did not qualify for the “good cause” exemption under 5 U....

True crime and thriller fans alike probably took notice of the release of Ryan Murphy’s “The Watcher” on Netflix earlier this fall. The limited series is fiction, but many of the most chilling details are based on the real story of a family who faced harassment before even moving into their new home. The Real ‘Watcher’ Story The real “Watcher” story caught national attention in 2018 when a New York Magazine piece by Reeves Wideman chronicled a New Jersey family’s experience receiving mysterious letters at their new house....

If you listen to the ads for all the free software and tax filing systems, you don’t need a certified public accountant for all of your tax matters. But there are cases where a second set of eyes is not just recommended, but necessary for tax preparation. And not just from a CPA, but from an experienced tax attorney. As some experts have noted, accountants fill out the forms and help with tax returns, but it’s the tax lawyers that set up the legal structures that affect your tax liability....

On Monday, the Second Circuit reversed a district court’s decision, affirming a bankruptcy’s court decision, granting WorldCom Debtors’ objections to an IRS proof of claim, and a motion for taxes that WorldCom previously paid. The bankruptcy court and district court concluded that COBRA was not a local telephone service, and therefore not subject to the three-percent tax. The Second Circuit disagreed. The tax code defines “local telephone service” as “the access to a local telephone system, and the privilege of telephonic quality communication with substantially all persons having telephone or radio telephone stations constituting a part of such local telephone system....