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A California attorney Marilyn Sue Scheer doesn’t give up easily. When a dispute with a client led to discipline from the California State Bar, Scheer refused to comply. When her refusal led to suspension, Scheer sued. When the California Supreme Court ruled against her, Scheer moved the fight over to the federal courts. And it was there, in the Ninth Circuit, that Scheer lost again on Monday, as the Ninth reminded her that only the Supreme Court could hear appeals from “a state-court loser....

In a class action lawsuit by the neighbors of a steel mill owned by United States Steel Corporation, district court’s approval of a settlement is affirmed for the most part where: 1) the district court did not abuse its discretion in approving the release of the continuing-nuisance claims as the release is not far-reaching and it is not unfair, unreasonable or inadequate; 2) class-member awards of $300 is not unconscionably low as this objection is based on the misconception that the agreement releases all future tort claims; and 3) district court’s approval of the attorney’s fees award is vacated and remanded for further explanation....

A $42 million settlement between the National Football League and former players can go ahead following the Eighth Circuit’s dismissal of a challenge by six dissenting players. The settlement attempted to bring to an end disagreement over the use of former player’s likenesses and identities in promotional films. A handful of players, led by Jim Marshall, objected to the compromise on the grounds that it did not provide direct payouts to former players, instead giving the millions to a nonprofit dedicated to supporting the health and welfare of retired players....

The Ninth Circuit Court of Appeals recently held in Maner v. Dignity Health that Title VII of the Civil Rights Act does not prevent employers from exercising a preference for a female employee over a male employee because of workplace romance—a matter of first impression for the court. With this holding, it joins a majority of Circuit Courts which have rejected the “paramour preference” theory as a basis for sex-discrimination claims....

A federal appeals court has rejected a class action claim that Red Lobster, Olive Garden, and other restaurants failed to pay part-timers vacation pay. The Seventh Circuit Court of Appeals said that two employees failed to qualify for class action status because they were not proper representatives, particularly because they were part-time employees and vacation was offered only to full-time employees. Under Illinois wage laws, the court said, the restaurants were not required to pay part-time employees vacation benefits....

In a horrific turn of events, a 30-year-old white female Dallas police officer, Amber Guyger, fatally shot a 26-year-old black man, Botham Shem Jean, in his apartment after mistaking it for her own apartment. The incident happened late in the evening of September 6, 2018. On September 9th, the Rangers arrested Guyger and charged her with manslaughter. She is currently out on $300,000 bail. Texas Rangers in Charge of Investigation Local police quickly began to investigate the situation, and soon declared that the details of the case were odd....

Do you need a driver’s license to vote? Not ordinarily, although some states may require ID at the polls and a valid license may fill that requirement. But obtaining a license may be a necessary second step to voter registration in New Hampshire under the state’s new residency requirements. Specifically, the new law broadens the definition of “resident” as required to register to vote, meaning anyone who registers to vote in New Hampshire is declaring residency in the state....

Remember the Johnny Cash song, “A Boy Named Sue”? It’s the one about the guy who is saddled with a girl’s name by a father who deserted the family. The guy goes through life being picked on, but it teaches him how to survive by being a good fighter. In the end, he meets his father and realizes that dad might have had a good point in naming him Sue because it did indeed make him strong....

What are the limits of the doctor/patient privilege as it relates to an admission of child abuse? Can a doctor, or a psychiatrist, call the police, or children’s services, if the psychiatrist suspects his client of child sexual abuse; or, indeed, if the client has admitted to it? The answer to those questions are left unanswered by the New York Court of Appeals, but at the very least, we know that the psychiatrist can’t testify at trial....

In a 42 U.S.C. section 1983 action alleging malicious prosecution, dismissal of the action is reversed where it was unclear that the criminal charge against plaintiff that the state dropped was necessarily related to or arose from the same circumstances as the criminal offense to which plaintiff pleaded guilty, and thus it was unclear under Connecticut law whether the dismissal of the underlying criminal offense resulted in a “favorable termination.”...

Hollywood has made us all-too-aware of the dangers of a bad roommate, thanks to movies like Single White Female, but would stiletto-based homicides even be part of the cinematic zeitgeist if roommate queries could not include a sex-limiting criterion? Perhaps we’ll never know. Earlier this month, the Ninth Circuit Court of Appeals said that roommate discrimination is legal, ruling that Fair Housing Act (FHA) anti-discrimination provisions do not extend to the selection of roommates, reports Thomson Reuters News & Insight....

The Supreme Court is set to take up a case regarding the constitutionality of the Indian Child Welfare Act next term. The case, Brackeen v. Haaland, pits several competing interests: state governments’ interests in protecting the welfare of children, Native American tribal interests in raising children within their own culture, and the rights of non-Native Americans to adopt a child regardless of race or ethnicity. The Supreme Court will hear oral arguments in Brackeen next term, so a decision is not expected until spring of 2023....

We have a quick announcement today from the Second Circuit Court of Appeals regarding pro bono opportunities. If you’re interested in serving on the Second Circuit’s Pro Bono Panel, read on. The Second Circuit’s Criminal Justice Act/Pro Bono Committee is currently accepting applications for service on the Pro Bono Panel, but you don’t have much time. Applications are due Friday, April 27. If this gig would be the feather in your appellate cap – and you haven’t started the application yet – you probably need to drop everything and get to work....

Two years ago, the Supreme Court ruled in Padilla v. Kentucky that immigrants have a right to effective counsel and must be told about possible deportation stemming from a guilty plea. Next week, the Court will take up the issue once again, deciding whether Padilla applies retroactively. The case, Chaidez v. U.S., involves Roselva Chaidez, a Mexican immigrant who became a lawful permanent resident in 1977. In June 2003, Chaidez was indicted on three counts of mail fraud in connection with a staged accident insurance scheme in which the victims’ loss exceeded $10,000....

If you’re an elephant and you’re reading this, I have good news and bad news. The good news is you can read and access the internet – powers that, if used responsibly, can enhance your quality of life. The bad news is, not being persons, you lack standing to file a habeas corpus petition in court challenging your confinement. So, you’re probably going to have a lot of time on your … pads?...

Crack cocaine convictions US v. Plato, 09-2099, concerned a challenge to the district court’s convictions of defendants for distributing crack cocaine. In affirming, the court held that defendant waived his argument for separate trials because he failed to renew his pretrial motion for severance at the close of the evidence. However, even if defendant had not waived his motion for severance, his argument is without merit as antagonistic defenses do not necessarily require severance, and defendant cannot show that the joint trial deprived him of a specific trial right....

Defendants’ alien transportation conviction is affirmed where: 1) the strength of the evidence rendered harmless any error that might have occurred with respect to denying one defendant a severance; 2) there was no reason to anticipate that the prosecutor’s question would prompt one defendant to volunteer that he was in jail; and 3) the prosecutor merely invited the jury to consider the implausibility of one defendant’s claim that the government witnesses were all committing perjury and did not impermissibly vouch for the witnesses....

Sentence of defendant convicted of health care fraud in violation of 18 U.S.C. section 1347 to the statutory maximum of ten years’ imprisonment followed by two years of supervised release is vacated and remanded as the district court erred in imposing the six-level adjustment because the guidelines are clear that monetary loss is required, and no such loss was suffered by the 2000-plus individuals whose identities were used by defendant to perpetuate his fraud....

In an action against a museum seeking the return of paintings believed to have been looted by Nazis, dismissal of the complaint is reversed and remanded where: 1) Cal. Civ. Proc. Code section 354.3, which extends the statute of limitations until 2010 for actions for the recovery of Holocaust-era art, infringes on the national government’s exclusive foreign affairs powers; but 2) it was possible that plaintiff may be able to bring her action within the three-year statute of limitations set forth in Cal....

“It’s only cheating if you get caught.” We’re not sure who said it first, but it may have been the immortal Al Bundy, a lazy but lovable shoe salesman in the TV series “Married … with Children,” nearly 30 years ago. Al uttered those words after cheating his way into a race against senior citizens and winning a trophy. Americans might love rascals and rebels who bend the rules as long as they’re entertaining....