If it’s good, your credit rating is an asset and can be more valuable than tangible things you own. Your credit score number (ranging from 300 to 850) represents your reliability as a borrower. It is common for people to have an average score of 710 with a bad credit score considered any number below 670. Suing Over Credit Score or Credit History Errors Your credit score will impact your ability to obtain financing....
Congress may view cockfighting as vile and depraved. It may be a “scourge that warrants prosecution.” It is, no doubt, cruel and reprehensible. But it might not justify deportation as a crime of moral turpitude, the Ninth Circuit ruled yesterday. The ruling comes after the Department of Homeland Security began removal proceedings against Agustin Ortega-Lopez, following his misdemeanor conviction for cockfighting, an act his immigration judge likened to child abuse and for which that IJ refused to cancel his removal....
The Affordable Care Act circus rolls into First Street next week, and it seems to be the only Supreme Court topic anyone want to discuss right now. Except for us. We want to discuss other things. Like the attention the Nine have been giving to the rights of the accused this week. First, let’s talk about the three criminal cases argued before the Court this week. On Tuesday, the Court heard two cases, Miller v....
Some called it the shot heard ‘round the world. An opening salvo in what would unfold as the biggest political scandal not just in U.S. history but world history. Very Serious Lawyers Sidney Powell, Rudy Giuliani, and others had uncovered a trove of documents and evidence that Powell dubbed “the Kraken.” When released (in court), this creature from the deep would prove that electronic voting machine manufacturer Dominion Voting Systems and election technology company Smartmatic had switched millions of votes from Donald Trump to Joe Biden!...
Gardin v. Shinseki, 09-7120, concerned a challenge to the United States Court of Appeals for Veterans Claims’ (Veterans Court) affirmance of the Board of Veterans Appeals’ denial of a veteran’s claim for disability compensation for diabetes, on the ground that the disease was not service-connected. In vacating the judgment, the court remanded the matter in holding that the Veterans Court committed legal error by discounting petitioner’s doctor’s opinion merely because there was no evidence that he reviewed petitioner’s medical service record....
Do you have trade secrets? What about employees or contractors? If so, you need to know that a new law is in place, the Defend Trade Secrets Act (DTSA), which requires employers to notify workers of limited immunity for disclosure of a trade secret in the context of whistleblowing. The DTSA provides limited immunity from liability for confidential disclosure of a trade secret to the government or in a court filing, reports patent law blog Patently-O....
The Occupational Safety and Health Act (OSHA) requires employers to maintain a log of work-related deaths, injuries, and illnesses. A death, illness, or injury is considered work-related if “the work environment either caused or contributed to the resulting condition.” Chief Judge Frank Easterbrook and the Seventh Circuit Court of Appeals assume that the phrase “contributed to” means an increase in likelihood, but note that “how much of an increase is enough neither the regulation, nor any of the Secretary’s decisions, says....
Butte Env’tl. Council v. US Army Corp of Eng’rs., No. 09-15363, concerned a challenge to decisions of two federal agencies approving the construction of a business park on protected wetlands in California. The court of appeals affirmed summary judgment for defendants, on the grounds that 1) the Army Corps of Engineers applied the proper presumption under 40 C.F.R. section 230.10(a)(3), and found that it had been rebutted under the appropriate standard; 2) the Corps’ consideration of the project’s stated purpose was not unreasonable; 3) while it was true that the Corps made compensatory mitigation a condition of the permit, there was no indication that such mitigation was meant as an obligation in place of the city’s responsibility to adopt the least environmentally damaging practicable alternative, as opposed to an obligation in addition to it; and 4) the Fish and Wildlife Service’s finding of no “adverse modification” was neither arbitrary nor capricious....
The topic of the week for me seems to be legal writing. And my favorite type of post is the “poll the audience” post because it means I can be a spineless scribe and take no stance whatsoever. So, after writing an advice column for law students and young attorneys about legal writing, I decided to shelve my “Sexiest SCOTUS Justice” topic for a few more weeks and instead ask you, dear readers, who you think the best and worst writers among our Supreme Court justices?...
It’s Friday, and your attention span is probably shot. Mine certainly is. We’ll keep this quick. What’s the latest in this ever-so-quiet week on First Street? Well, the first four females of the Court just got the ultimate artistic tribute, a Pennsylvania case involving breast cancer charities and the word “boobies” might be making its way south to the High Court docket, and we’re setting our lineups for FantasySCOTUS. In honor of the first four women on the nation’s highest court, artist Nelson Shanks pained a massive oil portrait of Justices Sandra Day O’Connor (retired), Ruth Bader Ginsburg (not retired, so stop asking), Sonia Sotomayor, and Elena Kagan....
You believe your business partner is not performing and that you would be better off without that person. What can you do? The answer depends on how your partnership is structured legally, or your deal, and what you can afford. If money is no object for you and your partner is not intent on remaining in the business, you could buy them out. But life and business are rarely that simple....
When drivers are caught breaking traffic laws, they generally must deal with the consequences of their actions. In some areas, however, the consequences for a relatively minor traffic violation and the associated costs affect the people who are least likely to be able to afford them. For decades, the state of Illinois has been suspending the licenses of drivers with unpaid tickets for non-moving violations such as parking tickets, failed emissions tests, etc....
Thach v. Tiger Corp., No. 09-2940, involved a negligence, products liability, and breach of warranty action against the Japanese manufacturer of a rice cooker which allegedly caused a fire at plaintiffs’ home. The court of appeals affirmed judgment on the pleadings for defendant, holding that plaintiffs had failed to serve defendant within South Dakota’s three-year statute of limitations, because delivery of plaintiffs’ request for service to the Japanese Foreign Affairs Ministry on either December 7 or 19 did not toll the limitations period under S....
The Eighth Circuit reversed a federal district court’s decision to certify a class of plaintiff homeowners against General Mills. According to the lawsuit, General Mills allowed pollutants to decrease the plaintiffs’ property values. Unfortunately for the plaintiffs, the Eighth Circuit determined that their injury was too atypical. It’s a major victory for General Mills to say the least. And it seems to place limits on the earlier SCOTUS case of Tyson Foods Inc....
When can a business claim irreparable injury over alleged false advertising by a competitor? When is a half-truth in an advertisement the equivalent to an intent to deceive consumers? These are complex questions. It’s also not something the Seventh Circuit wanted to get into in a dispute over whether Bud Light can advertise that Coors Light is made using corn syrup. Instead, Judge Frank Easterbrook kept it simple in a five-page opinion stating that yes, Bud Light’s advertising is fine....
Good luck getting Little Caesars pizza delivered in Kansas City, thanks to a federal judge and a legal mess. Judge Mark A. Goldsmith ordered the owners of nine Little Caesars restaurants to get out of the kitchen. It stems from a hot dispute between the corporation and the local franchisees. Alan and Beverly Knox allegedly violated a franchise agreement, charging too much for $5 “Hot-N-Ready” pizzas and other wrongs. But it’s going to cost a lot more dough than that....
In some cases, the prevailing party can collect fees in the Eighth Circuit Court of Appeals. But a landlord who allegedly exposed his genitalia to female tenants, won’t be allowed to collect more than $100,000 in legal fees that he requested, reports Courthouse News. Bobby Hurt, the landlord and owner of a group of trailer parks, was sued by the government after eight women came forward alleging sexual harassment. The women testified at trial, saying that as park manager, Hurt entered their trailers and exposed his genitalia....
Plaintiff Jerry Keeler was employed by ARAMARK, a food service provider. While employed there, he felt that they did not appreciate him as an employee, because of the fact that he was never made employee of the month, nor was he allowed to work overtime hours. So, Keeler decided to make this matter a personal one. He sent a slew of threatening letters to upper management – one letter claimed that it would be the “final warning,” while another ensured a riot if Keeler were to die from a diabetic attack caused by stress....
ACE Am. Ins. Co. v. RC2 Corp., Inc., No. 09-3032, concerned a toy manufacturer’s suit seeking declaratory relief and damages from its insurer for refusing to defend plaintiff in an underlying class action lawsuit against the toy maker of such toys as “Thomas & Friends” toy trains for exposure to lead paint. At issue was the parties’ interpretation of the word “occurrence” for purposes of determining whether policy covered liability occurring in China or in the U....
A group of porn-industry folks brought a recent lawsuit before the Third Circuit Court of Appeals in Philadelphia. The lawsuit raised constitutional issues relating to criminal laws that imposed recordkeeping, labeling and inspection requirements on “producers of sexually explicit depictions.” The Third Circuit Court of Appeals overturned the district court’s decision, dismissing the lawsuit. In a unanimous ruling by the three-judge panel, the district court ruling was partially invalidated and remanded....
