Can Employees Be Fired For Revealing Positive Covid 19 Cases At Their Workplaces

As the number of restaurants and shops opening up to in-person dining and shopping increases, so do the instances of exposure to COVID-19. Though it’s responsible for businesses to alert their patrons when they learn of positive cases among customers or staff, some are choosing to hide that information, fearing that they may lose revenue or be forced to close again. Now, some employees are taking matters into their own hands to ensure that possible exposure to COVID-19 at their place of work is common knowledge, and some are even facing consequences for it....

January 24, 2023 · 3 min · 496 words · Evelyn Aiyer

Chicago Airbnb Ordinance Challengers Lack Standing

The Seventh Circuit Court of Appeals has done more than just uphold the lower district court’s decision against one Chicago-area pro-Airbnb group’s challenge to the city’s recent anti-Airbnb ordinance; the appellate court has all but ordered the matter dismissed due to a standing problem. As it turns out, none of the plaintiffs, nor the non-profit group Keep Chicago Livable, have standing to challenge the city of Chicago’s Shared Housing Ordinance. The ordinance, among its many requirements, forces individuals who want to list their properties on Airbnb or similar sites to get a business license from the city, as well as comply with reasonable regulations like providing clean linens....

January 24, 2023 · 2 min · 363 words · Kathy Mcdaniel

Does Jen Shah Need A Power Of Attorney In Jail

Now that “Real Housewives of Salt Lake City" star Jen Shah has been sentenced, she’s probably thinking about what she should do before serving 6.5 years in federal prison. While spending time with family and other loved ones is likely a priority, Shah should also make sure her financial affairs are in order by making a financial power of attorney (POA). What Is a Financial Power of Attorney? A power of attorney is a legal document that gives someone the authority to act or make decisions on your behalf....

January 24, 2023 · 5 min · 886 words · Terri Larson

Electronic Frontier Found V Office Of The Dir Of Nat L Intelligence No 09 17235

In a Freedom of Information Act (FOIA) action involving information on discussions between telecommunications carriers and the government over the carriers’ potential liability for participating in the National Security Agency’s post-9/11 warrantless, electronic surveillance program, summary judgment for plaintiff is affirmed in part where FOIA Exemption 6 did not protect the information sought because there was a strong public interest in disclosure of the identity of individuals who contacted the government to protect telecommunications companies from legal liability for their role in government surveillance activities....

January 24, 2023 · 2 min · 227 words · Beverly Davila

Find The Best Missouri Statutes With Findlaw

FindLaw’s got something exciting to show legal practitioners in the Show-Me State. We’ve just launched our new Missouri Revised Statutes and Constitution section, bringing you the best, easiest-to-use Missouri codes on either side of the Mississippi. So if you’re practicing labor law in St. Louis, want to incorporate a business in Branson, or just need to do some legal research from the right side of Kansas City, FindLaw has you covered – and it’s all free and mobile-friendly....

January 24, 2023 · 3 min · 453 words · Christopher Bittinger

Findlaw Releases New Washington Codes Section

If you’re a legal professional in the Evergreen State, we’ve got some good news for you. FindLaw just launched its new Washington Revised Code and Constitution section, bringing you the best source for Washington codes you can find. So if you’re wondering about Washington’s civil procedure laws or the state’s probate law, wonder no more. FindLaw’s here to help you out – for free. FindLaw’s Washington code section comes to you as a result of our partnership with Thomson Reuters Westlaw, FindLaw’s sister company....

January 24, 2023 · 2 min · 416 words · Maudie Hewell

Gaming Company On The Hook For 5M To Nigc 8Th Cir Rules

The Eighth Circuit backed up a lower court decision in finding that Bettor Racing, Inc. had operated its business in violation of the Indian Gaming Regulatory Act and that it was rightfully ordered to pay up $5 million in fines. If only they’d agree to an earlier offer to make this go away for for $4.5 million … The defendant in this case, Bettor Racing, Inc., is a non-Indian gaming company that entered into a contract with Royal River Casino (an Indian gaming establishment) in which the former would run a pari-mutuel racing enterprise....

January 24, 2023 · 2 min · 393 words · Janelle Rice

Involving Your Child In A Crime Bad Idea

Who better to be your getaway driver than your own 13-year-old son? You don’t even have to pay him! An inebriated Albuquerque man, Sergio Barrientos-Hinojosa, allegedly had his 13-year-old son drive him to a gas station to buy beer. That’s not a good start, even if he didn’t want a DUI. While leaving the station, Barrientos-Hinojosa got into an argument with another customer and started shooting a gun he retrieved from his car....

January 24, 2023 · 3 min · 520 words · Melanie Bratt

National Armed Forces Day Legal Issues And Questions For Military Personnel

Tomorrow is National Armed Forces Day, and to celebrate all the active and veteran servicemembers in each military branch, we’ve pulled together some of our answers to the most pertinent legal questions for active and retired military personnel. Created by then-Secretary of Defense Louis Johnson and President Harry Truman in 1950 to celebrate the unification of the Army, Navy, and Air Force under the newly created Department of Defense, National Armed Forces Day replaced individual days of remembrance for each branch....

January 24, 2023 · 3 min · 436 words · George Mejorado

New Law And Circuit Court Decisions Narrow The Enforceability Of Arbitration Agreements Under The Faa

Arbitration has the potential to make dispute resolution easier for parties, but especially where parties have unequal bargaining power, information, or resources, the weaker party may ultimately question the enforceability of the arbitration agreement. Now, a new federal law signed by the President along with several recent circuit court decisions have narrowed the enforceability of some arbitration provisions, going against a long-term legal trend towards the broadening enforcement of arbitration agreements....

January 24, 2023 · 8 min · 1607 words · Isaac Brown

No New Trial Shady Tactics Don T Equal Prosecutorial Misconduct

Diamonds are a girl’s best friend, except when the girl is so hung up on them that she commits fraud to have more money to spend on jewelry. And therein lies the rub for Pamela Holder, who lost her appeal for a new trial in the Sixth Circuit Court of Appeals this week. In June 2008, the government charged Fred and Pamela Holder with two counts of bank fraud and two counts of wire fraud for falsifying documents to obtain loans to acquire a home and sell it for a profit....

January 24, 2023 · 3 min · 478 words · David Bahena

Questionable New Policy Moots Suit Over Mta S Anti Muslim Ad Ban

A lawsuit over the New York Metropolitan Transit Agency’s refusal to run anti-Muslim ads has been mooted by the Agency’s new advertising standards, the Second Circuit ruled last week. The American Freedom Defense Initiative, famous for insulting billboards and “draw Muhammad” contests, had tried to run the controversial ad on New York City subways and busses. The MTA denied the ad, on the grounds that it incited violence. AFDI won in court, promoting the MTA to change its advertising policy....

January 24, 2023 · 3 min · 623 words · Helen Nasuti

Rico Action Alleging Takeover Of Russian Oil Industry And Intellectual Property Matter

In Norex Petro. Ltd. v. Access Indus., Inc., No. 07-4553, a RICO action alleging injury arising from the activities of an international criminal enterprise, or more specifically, “a massive racketeering scheme to take over a substantial portion of the Russian oil industry,” the court affirmed the dismissal of the action where 1) the question of the justiciability of the RICO claims was properly one of whether the complaint adequately stated a claim for relief; and 2) because the RICO statute lacked a clear statement of extraterritorial reach, plaintiff’s claims were barred....

January 24, 2023 · 1 min · 160 words · Dianna Moss

Ruling On Former Rite Aid Exec S Conviction And Sentence

In US v. Brown, No. 04-4164, the Third Circuit faced a challenge to the conviction and sentence of a former Chief Legal Counsel to Rite Aid, Franklin Brown, for accounting fraud, filing false statements with the SEC, and other crimes. In affirming defendant’s conviction, the court rejected the claim that the district court abused its discretion in denying a Rule 33 motion for a new trial based on newly discovered evidence, the claim that the taped conversations between defendant and a former Rite Aid executive should have been suppressed, and that the district court abused its discretion in its reaction to defendant’s plea agreement....

January 24, 2023 · 1 min · 153 words · Gary Snell

Scotus Won T Sink Chesapeake Bay Cleanup Plan

The Supreme Court declined to hear a challenge to the EPA’s Chesapeake Bay cleanup plan last week, letting stand a Third Circuit ruling that the program did not violate the Clean Water Act. In order to address stubborn, persistent agricultural pollution in one of the nation’s largest estuaries, the EPA instituted a complex scheme to regulate key pollutants being discharged into the Bay. Agricultural interests and developers sued, arguing that the cleanup plan went beyond what the Clean Water Act allowed and usurped the powers of the states....

January 24, 2023 · 3 min · 620 words · Eric Dozier

Swanson V Mountain View No 08 1105

In a 42 U.S.C. section 1983 action alleging that traffic police for a town issued tickets for infractions committed outside the town’s boundaries, denial of qualified immunity for defendants is reversed where the traffic stops outside municipal boundaries did not violate clearly established Fourth Amendment law at the time of the violations. Read Swanson v. Mountain View, No. 08-1105 Appellate Information Filed August 19, 2009 Judges Opinion by Judge Tymkovich...

January 24, 2023 · 1 min · 136 words · Barbara Click

Telesaurus Vpc Llc V Power No 09 15446

In Telesaurus VPC, LLC v. Power, No. 09-15446, a dispute between providers of mobile radio services wherein plaintiff alleged violations of the Federal Communications Act (FCA), the court affirmed the dismissal of the complaint where 1) the complaint did not allege facts sufficient to establish that defendant was a “common carrier” subject to suit under the FCA, 47 U.S.C. sections 206-07; and 2) plaintiff’s claims under Arizona law for conversion, unjust enrichment, and intentional interference with prospective economic advantage are expressly preempted by section 332(c)(3) (A) of the FCA, which preempts state regulation of market entry....

January 24, 2023 · 1 min · 149 words · Dorothy Stolz

The Election That Just Won T Die

The 2020 election just won’t quit. Accusations of foul play keep coming, with partisans arguing that they must do something. They have to use every legal method at their disposal to achieve the desired result, despite what the voters want. No, not that election, silly. The race in Iowa’s Second Congressional District! Every Vote Counts In the closest U.S. House race of 2020, Republican Mariannette Miller-Meeks defeated Democrat Rita Hart by just six votes out of 394,439 votes cast....

January 24, 2023 · 4 min · 700 words · Lisa Yun

Third Circuit Vacates Antitrust Cy Pres Award

Let’s say you have a class action lawsuit. You reach a settlement. But then, you realize that a substantial chunk of the settlement funds will go unclaimed. The plaintiffs’ collective take will be $3 million. The attorneys’ fees total $14 million. There’s still $18.5 million looming in legal limbo. Simple solution? Give the plaintiffs’ shares to charity! Except the Third Circuit Court of Appeals is not so comfortable with that solution, known as cy pres....

January 24, 2023 · 2 min · 425 words · Sara Ortiz

Tmj Implants Inc V U S Dept Of Health Hum Servs No 08 9539

In a petition for review of an FDA order imposing civil penalties on a medical device manufacturer for failing to file certain reports, the order is affirmed where: 1) the hearing petitioners received provided them with due process; 2) the events at issue constituted “serious injuries” under 21 U.S.C. section 360i(a)(1)(A); and 3) petitioners were only required to have acted in deliberate indifference to or reckless disregard of the reporting requirements....

January 24, 2023 · 1 min · 173 words · Theodore Shaw