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Three years ago, the Internal Revenue Service revealed that it had created a “Be on the Lookout” lists, identifying certain organizations for extra scrutiny. Many of those organizations shared one key feature: they had Tea Party in their name. When they applied for tax-exempt status, they were allegedly met with excessive delays and unreasonable IRS demands. Now, after the politically targeted groups sued, the IRS is employing those same unjustified tactics in court, according to a very harshly worded opinion from the Sixth Circuit....

The most common reason someone does not have a will is procrastination. The second-most common reason people do not have a will is that they do not think it is worth it. They think, “I’m not rich, so what is the big deal?” However, there are many reasons why making a last will and testament is critical to protect your family, your money, and your assets. 1. Speed Up Probate If you die without a will, you die “intestate....

On Friday, SCOTUS rejected Gov. Jerry Brown’s administration’s bid to stall a federal court demand that the state remove another 10,000 inmates by the end of the year to resolve California’s prison overcrowding crisis. Justice Antonin Scalia’s scathing dissent, which Justice Clarence Thomas also signed, is gaining quite a bit of attention. “The court disregards stringently drawn provisions of the [Prison Litigation Reform Act], and traditional constitutional limitations upon the power of a federal judge, in order to uphold the absurd,” he wrote....

Nobody likes the thought that Covid-19 (a.k.a. “the coronavirus”) is present in their community. So when governmental authorities recently informed two communities — Costa Mesa, California, and Anniston, Alabama — that they must allow coronavirus-infected people to be housed there for a time, the responses in both were identical: Not here! The first to say no, on Feb. 21, was Costa Mesa. The city had just gotten the word that the state intended to move coronavirus-infected people into a state-owned facility in that city, where they would remain in isolation until recovering....

If you’ve seen the 2011 movie, “Contagion,” you probably remember the character played by Jude Law. “Contagion” was a well-made thriller about a deadly pandemic involving a virus that ended up killing millions of people, and Law’s character, Alan Krumwiede, was the despicable jerk who sought to profit by selling a worthless homeopathic “cure” made from forsythia. In other words, he was a snake-oil salesman. The fictional pandemic in that movie was called MEV-1....

Protest signs made by teachers in Florida have taken a macabre turn as of late, and for understandable reasons. One we saw recently read, “We want to work. We do not want to die.” Another: “I can’t teach from the grave.” And perhaps the most heartbreaking: “Teacher Supplies: Books, Crayons and Wills.” In response, lawyers in Florida have stepped up to help, with many offering free services to aid educators and school employees....

Bullies aren’t a group we normally think of as needing someone to stick up for them, but in the Sixth Circuit case of Speech First, Inc. v. Schlissel a free speech advocate is doing just that. The University of Michigan instituted a policy prohibiting bullying and harassing behavior and a Bias Response Team (Response Team) initiative that Speech First says are overbroad violations of the First Amendment. They sought a preliminary injunction against the policy and initiative that the district court declined to apply because they felt the organization lacked standing to challenge the initiative and that the claims against the policy were moot....

In many ways, the tables have turned in the legal profession - putting clients in the driver’s seat. Other industries have moved into paperless correspondence, automation, video conferencing, and other technology-based enhancements. Clients use this technology in other aspects of their lives and businesses, so they expect their attorney to follow suit. Plus, as clients attempt to “do more with less,” they want their legal counsel to do the same (no matter how much many of us hate the phrase)....

The Seventh Circuit Court of Appeals appreciates exotic animals and irony more than most of its sister circuits. Lucky for you, the court touched on both of these topics in this safety valve sentencing appeal. Once upon a time, Mark Burge’s llama escaped from its pen and wandered away. A llama on the loose counts as misdemeanor abandonment under the Illinois animal cruelty statute. Rather than hire a lawyer to defend against the charge, Burge chose to plead guilty and pay a $525 fine....

Ikea’s furniture continues to enjoy broad popularity across the U.S. A lot of it is cheap, and the instruction booklets make assembly a breeze. But the flip side of that inexpensive furniture is that it appears the company may not take the time to address all of their products’ safety risks. The Swedish company and the U.S. Consumer Product Safety Commission have issued recall, after recall, after recall, after recall over the last 10 years....

Two Minnesota men are under investigation for collecting fees to gamble in casinos on behalf of others. The scheme in question, according to the Minnesota Alcohol and Gambling Enforcement Division, involves a suburban Minneapolis man, sometimes aided by his brother, live streaming their gambling activities via TikTok. The suspects allegedly charge a $5.99 subscription fee and an additional $25 for every $100 customers wager on slot machines. The TikTok live stream is to prove to the subscribers they are wagering the money....

In an ERISA action to enforce a pension guaranty agreement, the District Court’s award of attorney’s fees to Plaintiffs based on the summary judgment they obtained on their ERISA claims is vacated where the District Court erred by taking into account factors relating to non-ERISA claims in the lawsuit in determining the fee award. Read the full decision in Laforest v. Honeywell Int’l., Inc., No. 06-5712-cv. Appellate Information: Argued on May 29, 2008Decided on June 18, 2009...

Plus Criminal, Immigration and Tort Matters Pippin v. Hill-Rom Co., No. 09-1965, involved an action claiming that defendant acted negligently by failing to provide a reasonably safe loading area and by failing to load certain truck beds. The court of appeals affirmed summary judgment for defendants on the grounds that 1) the mere failure to perform under a contract could not support plaintiff’s negligence action; and 2) the parking lot’s slope was open and obvious as a matter of law, and plaintiff could not recover from defendant on a premises liability theory....

The Seventh Circuit Court of Appeals addressed the particulars of the nunc pro tunc motion this week in ongoing litigation over unregistered guns seized from John Justice. We’re covering this opinion for three reasons. Judge Frank Easterbrook, our current favorite on the Seventh Circuit, wrote it. The party’s name is Justice. We like the ambiguities of Justice. We can all benefit from a nunc pro tunc refresher. Now, on to the good stuff....

In an ongoing battle over abortion, a federal appeals court said Ohio unconstitutionally withheld funds from abortion clinics for unrelated services. In Planned Parenthood of Greater Ohio v. Himes, the U.S. Sixth Circuit Court of Appeals affirmed a permanent injunction against a state law that revoked funding from abortion providers. They had long received funds to fight breast cancer, sexual violence, and other problems. When the legislature tried to cut off those funds, the courts intervened....

On Wednesday, President Obama announced that he intended to nominate Cheryl A. Krause to the United States Court of Appeals for the Third Circuit, reports The Washington Times. He stated: “Cheryl Ann Krause has displayed exceptional dedication to the legal profession through her work and I am honored to nominate her to serve the American people as a judge on the United States Court of Appeals,” and added, “She will be a diligent, judicious and esteemed addition to the Third Circuit bench....

The Seventh Circuit last week allowed a prisoner’s lawsuit to proceed, overruling a district court that tossed the case on summary judgment. Marshall King, a county jail prisoner in Illinois, was forced to wear a transparent jumpsuit “that exposed his genitals and buttocks” while being transferred to state prison. The requirement appeared to be unique to King’s jail, as other prisoners being transferred weren’t wearing such outfits. When King complained to guards about the jumpsuit, they laughed at him....

In 1997, Michael and Cindy Seibel fostered, and then adopted three children, females S.S. and P.S. and a male M.S. The children entered the system after their biological father was convicted of sexually abusing their three older siblings. Though abuse of S.S. and P.S. was also suspected, and noted on the children’s South Dakota Medicaid applications, Cindy maintained that they were not sexually abused and they were never provided counseling related to any such abuse....

Susan Berman was discovered dead in her home on December 23, 2000. She was found in a bedroom with a gunshot wound to the back of the head and there was no sign of a forced entry. For almost 20 years, her close friend, real estate heir Robert Durst, denied any involvement. But now, after a year-long delay due to the COVID-19 pandemic, Durst is on trial for her murder (again)....

The Supreme Court issued yet another unanimous decision this term, holding that a lower court does not have the authority to alter a federal appeals court ruling awarding certain costs to the prevailing party. The decision settles a split among circuit courts and means that appellate courts have the final say over the costs associated with an appeal. A Dispute Over Taxes The issue arose when a group of Texas municipalities filed a class-action lawsuit in federal court, seeking back taxes from Hotels....