Scotus Again Extends Religious Protection How Big Of A Change Are We Seeing

The U.S. Supreme Court has again sided with a religious institution in a case involving the First Amendment. In Carson v. Makin, the Supreme Court held that a state refusing to allow children to use a taxpayer-funded tuition assistance program to attend a private religious school violated their free exercise rights. It is the third time this term the Supreme Court has held in favor of an individual or institution seeking to enforce their religious rights under the First Amendment....

August 3, 2022 · 7 min · 1459 words · Gary Torno

Scotus Grants Four New Cases Rejects Princess Aspirations

The Supreme Court granted four new cases on Friday, including a new challenge to the Voting Rights Act. The excitement about the Voting Rights Act review was shortly eclipsed, however, by Justice Sonia Sotomayor’s second appearance on Sesame Street. Just so we can pretend to have our priorities in order, we’re discussing the grants first. The four new cases are: Shelby County v. Holder – Examining whether Congress’ decision in 2006 to reauthorize Section 5 of the Voting Rights Act under the pre-existing coverage formula of Section 4(b) of the Act exceeded its authority under the Fourteenth and Fifteenth Amendments and thus violated the Tenth Amendment and Article IV of the Constitution....

August 3, 2022 · 3 min · 525 words · Bernadette Chapin

Supreme Court Writes Google Books A Happy Ending

Once upon a time, to read a book you had to travel to the local bookstore, or, for the penny wise, the library. If you needed information from a rare or out of print work, you might have to go halfway across the world to secure a copy. Today? You can just Google. Google Books, the search behemoth’s attempt to digitize all the world’s printed matter, already has 25 million titles online, searchable and available for free....

August 3, 2022 · 3 min · 554 words · Marion Guard

The Benefits Of Self Regulation

For in house counsel, particular those concerned with legal compliance, self-regulation might seem like a nightmare. If you think it’s hard enough to get your corporate client to stay in compliance when the law says so, imagine trying to pull that same corporate tooth when the law doesn’t say so. Fortunately, recent research shows that it could be in many companies’ best interest to not just self-regulate, but to also over-self-regulate....

August 3, 2022 · 2 min · 378 words · Eric Sarette

Thorogood V Sears Roebuck Co No 09 3005

In plaintiff’s class action lawsuit claiming that defendant-company sold dryers that were misrepresented as containing stainless steel drums in violation of the Tennessee Consumer Protection Act, dismissal of the suit for lack of subject matter jurisdiction, after a remand following decertification, is affirmed as the district judge was within his discretion in deciding that no attorney’s fees should be awarded. Read Thorogood v. Sears Roebuck & Co., No. 09-3005 Appellate Information...

August 3, 2022 · 1 min · 144 words · Lillian Haak

Uber Wins Customer Arbitration Appeal

The Second Circuit Court of Appeals has reversed and remanded the lower court’s decision denying Uber’s motion to compel arbitration in the Meyer v. Uber price fixing case. Fortunately for Spencer Meyer, the appellate court’s decision does not close the door on his case and send him packing to arbitration. Rather, Meyer and Uber will be going back before the district court to argue over whether the case should be forced into arbitration, at least one more time....

August 3, 2022 · 2 min · 407 words · Jose Parrett

Us V Binion No 08 3629

Conviction for drug crimes and money laundering is affirmed where: 1) officers had probable cause to stop the vehicle in which defendant was a passenger based on the driver’s speeding violation; 2) the district court did not err in denying defendant’s motion to suppress physical evidence as the officer had reasonable suspicion to investigate defendant and to frisk him; and 3) defendant’s statements at the police station were voluntary and therefore admissible under the Fifth Amendment and Miranda....

August 3, 2022 · 1 min · 156 words · Leslie Logue

Us V Graham No 08 3580

District court did not err in dismissing indictment for first degree murder on the ground it failed to allege Indian status under 18 U.S.C. sec. 1153 as the indictment is insufficient since Indian status is an essential element of the offense, and the defect cannot be cured by an application of aider-and-abettor liability. Read US v. Graham, No. 08-3580 Appellate InformationAppeal from the United States District Court for the District of South Dakota....

August 3, 2022 · 1 min · 132 words · William Heald

Us V Turner No 08 2413

Defendant’s crack cocaine drug sentence for violating 21 U.S.C. section 841(a)(1) is affirmed where: 1) there were no examples of extraordinary inducement or unrelenting pressure placed on Defendant that would indicate sentencing entrapment; and 2) Defendant’s complaints about the conditions of his confinement did not rise to a level warranting sentencing relief. Read the full decision in US v. Turner, No. 08-2413. Appellate Information: Appeal from the United States District Court for the Northern District of Illinois, Eastern Division....

August 3, 2022 · 1 min · 146 words · Juliana Coleman

What Can Attorneys Wear To Court

Although expectations have changed over the years, the legal field is still one of the more conservative professions when it comes to work attire. Unfortunately, many of the “rules" focus on gender norms and burden female attorneys. The wider range of clothing available to everyone these days muddies the waters even more, such as jumpsuits, athleisure, and leggings. Some brands have even perfected comfortable exercise fabrics cut into dress pants or suits....

August 3, 2022 · 3 min · 542 words · Randall Fravel

What You Should Know About Spreading Cremation Ashes

In June, a Colorado Avalanche hockey fan learned the hard way that you can’t just spread cremation ashes wherever you want. Ryan Clark, a loyal fan of the NHL team, lost his longtime best friend Kyle Stark last December. Stark shared his friend’s enthusiasm for the game and the Avs, so Clark thought it a fitting tribute to spread a small bag of his friend’s cremation ashes on the rink ice....

August 3, 2022 · 4 min · 716 words · Norma Donovan

Wilburn V Astrue No 09 3564

Denial of Supplemental Security Income Benefits Affirmed In Wilburn v. Astrue, No. 09-3564, an action challenging the Social Security Administration’s (SSA) denial of Supplemental Security Income benefits to plaintiff, the court affirmed summary judgment for defendant where 1) the SSA did not violate its own regulations by failing to provide advance notice of the substitution of one ALJ for another; and 2) the SSA’s notice adequately apprised plaintiff of the pending hearing and afforded her the opportunity to present her objections....

August 3, 2022 · 1 min · 135 words · Gregory Jenkins

Wrongfully Convicted Man Saves Himself From Life Sentence

Typically, when individuals opt to represent themselves in court, it doesn’t end well. Even when lawyers try to represent themselves, it usually ends badly. But for one Philadelphia man, who opted to represent himself on murder charges while facing a life sentence, his success will likely go down in history. Hassan Bennett was charged with murder in 2006, and four trials and one appeal later, he has finally secured an acquittal....

August 3, 2022 · 3 min · 471 words · Hattie Setzer

3 Quick Tips For New Attorneys Filing In The 9Th Circuit

You know the drill: New attorneys practicing in the Ninth Circuit need to be aware of the court’s local rules to make sure they don’t look too much like a newbie. In comparison with some other circuits, the Ninth Circuit’s rules appear to be slightly more laid back. But even so, federal courts are on the whole much stricter and sterner when it comes to enforcing the rules than your average state court....

August 2, 2022 · 3 min · 447 words · Candace Potter

Alienage Not Grounds For Employment Discrimination Lawsuit

Discrimination based on a person’s national origin is a Title VII violation. Discrimination based on a person’s alienage, however, is legal. The Seventh Circuit Court of Appeals ruled last week that a banker’s spouse’s legal status was not a valid basis for an employment discrimination lawsuit. (Brief thanks to BNA for bringing this case to our attention.) So how does a banker get fired for her husband’s alienage? By helping him open bank accounts....

August 2, 2022 · 3 min · 545 words · Ronald Giese

Anthony Sowell Civil Lawsuit Appealed To 6Th Circuit

The families of Tonia Carmichael and Nancy Cobb – two of convicted serial killer Anthony Sowell’s 11 victims – announced Tuesday that they are appealing a federal court’s dismissal of their civil lawsuit filed against the City of Cleveland over potentially shoddy police work in the case. Central to the lawsuit are allegations that the Cleveland and Warrensville Heights police refused to take the families’ missing persons reports seriously. The lawsuit, first filed in May 2012, was dismissed as frivolous....

August 2, 2022 · 3 min · 489 words · John Walters

Conn Cop Loses Malicious Prosecution Appeal

The Second Circuit Court of Appeals ruled this week that absolute immunity bars a former Connecticut cop from suing a former state prosecutor for allegedly withholding exculpatory evidence from a grand jury, reports MyFoxNY.com. Former Waterbury State’s Attorney John Connelly prosecuted former cop Robert Lawlor for the 2005 shooting death of Jashon Bryant. Lawlor claimed he opened fire when he saw Bryant reaching for a gun, but no weapon was found on Bryant....

August 2, 2022 · 2 min · 409 words · Ellen York

Cunningham V Masterwear Corp No 08 1924

In a common law nuisance action, district court’s grant of summary judgment for defendant is affirmed where plaintiffs failed to prove either personal injury or property damage, as they did not present evidence that the exposure to contaminants contributed to their ailments and did not present evidence that to establish the effect of the contamination on the value of their property. Read Cunningham v. Masterwear Corp., No. 08-1924 Appellate InformationAppeal from the United States District Court for the Southern District of Indiana, Indianapolis Division....

August 2, 2022 · 1 min · 142 words · Franklin Piper

Doj Says Yale Discriminates Against White And Asian American Applicants

Though the Civil Rights Act of 1964 makes it illegal to discriminate against people on the basis of their race, gender, and more, affirmative action in college admissions has long operated in a gray area. In the latest case concerning the legality of race-based considerations in college admissions, the U.S. Department of Justice has accused Yale University of illegal discrimination with their admissions practices. What does this mean for Yale, and for college students in general?...

August 2, 2022 · 3 min · 608 words · Shawn Smith

Don T Suppress Disagreement Gorsuch Says

Supreme Court Justice Neil Gorsuch has a problem with suppressing disagreement. In a recent speech near the courthouse, he told lawyers that people with unpopular views should be allowed to express themselves. “Civility,” he said, “doesn’t mean suppressing disagreement.” Outwardly, Gorsuch was talking about college students and free speech. Inwardly, it may say something about what’s going on at the Supreme Court. Ginsburg-Gorsuch It’s no secret that Justice Ruth Bader Ginsburg is not the kind to keep her opinions to herself....

August 2, 2022 · 2 min · 372 words · Rosemary Hamer