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In defendant’s appeal from the district court’s order vacating portions of an order of maritime attachment and garnishment, the order is affirmed in part where electronic fund transfers (EFTs) being processed by an intermediary bank are not property subject to attachment under Rule B of the Supplemental Rules for Admiralty or Maritime Claims and Asset Forfeiture Actions. However, the court of appeals remands the cause for further proceedings with respect to the remaining portions of the attachment order affecting EFTs of which defendant was the originator....

In a recent bankruptcy case before the Third Circuit Court of Appeals, the court zeroed in on the issue of tax debts dischargeable in bankruptcy. As you may already know, there are dischargeable debts in bankruptcy and non-dischargeable debts. When it comes to tax debts, the distinction isn’t always that clear. This case clarifies the distinction between an excise tax and a trust fund tax. Here’s a simplification of the holding: Excise taxes would be dischargeable if they were older than three years on the date the bankruptcy petition was filed....

Now that states are considering “fetal personhood” laws, many serious legal questions may need to be answered about giving legal rights to the unborn. Does a fertilized egg, embryo, or fetus really have the same legal rights as you and your neighbors? When does child support begin? What if a woman from a different country is visiting the U.S., has sex, and becomes pregnant? The U.S. recognizes birthright citizenship, so does that mean that a person who is conceived here is a U....

Supreme Court oral arguments ain’t what they once were – and that’s not exactly a bad thing. According to a recent study comparing oral arguments in the contemporary Court with their mid-century predecessors, today’s Supreme Court justices are more likely to crack jokes, more willing to speak harshly, and better prepared than they were 50 years ago. Let’s take a look at how things have changed. The study comes our way via Amanda Frost’s recent survey of academic highlights over at SCOTUSblog....

Conviction for knowingly attempting to transfer obscene material to a person under the age of sixteen and knowingly attempting to induce a child to engage in criminal sexual activities is affirmed where: 1) the district court did not err in finding that defendant was not entrapped as a matter of law, as a reasonable jury could have concluded that, even if induced, defendant was predisposed to violate the law; 2) there was sufficient evidence to support defendant’s conviction for enticing a minor to engage in criminal sexual activity, as a reasonable jury could have found he knew he was in a romance chat room and believed he was communicating with a fourteen-year-old girl, and thus intended to entice a minor to engage in illegal sex; and 3) the court did not err in admitting transcript of internet chats....

If you’re a U.S.-based small business that relies on highly-skilled foreign workers, H-1B Cap Season is a lot like your Black Friday: filled with anticipation and anxiety, (metaphorically) storming the USCIS storefront, and hoping you get a good deal. U.S. Citizenship and Immigration Services will begin accepting H-1B petitions on April 1, and announced the start dates for premium processing of cap-subject H-1B petitions along with the launch of its new H-1B data hub....

The body of the late Justice Scalia is laid out in the Great Hall of the Supreme Court today, where it’s expected to see thousands of visitors come pay their respects: President Obama, Congress members, famous attorneys, and tourists alike. But while much of the world continues to morn Justice Scalia’s passing – and argue about his potential replacements – some are wondering if his death at a Texas ranch revealed a possible ethics lapse....

Arts and crafts chain, Hobby Lobby, will be anxiously waiting to hear the upcoming Tenth Circuit ruling on their challenge. The Oklahoma chain store challenges Obama’s health care laws requiring employers to offer free contraception coverage in employee health care plans. The court heard their oral arguments last week and should be deciding any time now on the case. Hobby Lobby contends that President Obama’s 2010 healthcare reform infringes on their right to religious freedom....

Cigarette cartons might be looking like even more of a deterrent in the near future. However, the tobacco industry isn’t letting the government scare their customers without a fight in the Sixth Circuit Court of Appeals. Earlier this week, United States health officials announced that they would be placing graphic images of dead bodies, decaying teeth and a man breathing through a hole in his neck on packs of cigarettes, reports Reuters....

Last updated on December 2, 2022 Tis the season of the shopping tradition. Whether you traditionally listen to Mariah Carey melody-make at the mall, lose your car in the parking lot, or play tug-of-war with the last doll in the aisle, shopping can be exhausting. In addition to the sound of bells and choirs, there is stress in the air. Tweak your tradition with the tips below and make a real difference in your ability to obtain some quietude this holiday season....

The “machinery of death” is creaking back into action in California after a Ninth Circuit decision revived the state’s capital punishment system today. In a surprising ruling last year, Judge Cormac Carney declared that the state’s death penalty system was so slow and arbitrary that it constituted cruel and unusual punishment. He ordered the whole thing shut down. But that ruling has now been overturned on a technicality, with the Ninth announcing today that the district court should not have entertained the argument in a habeas review....

The average person will have 12 jobs in their lifetime, a significant change from years ago when people stayed in one job their entire adult life. For many people, switching employers may be the fastest way to increase their earnings. When you are looking for a new job, you may wonder if a prospective employer can ask you about your salary at your current or previous jobs. This can be of particular concern with the rise in remote jobs....

At the start of the coronavirus pandemic, the fear of the silent killer circulating among workplaces sent workers across all sectors of the economy home. No one wanted to share close quarters with their coworkers. Now the vast majority of white-collar desk workers are still working from home, but many never got that chance. Nurses, doctors, corrections officers, firefighters, grocery store employees, and other retail workers are all on the job, and many are contracting — and dying of — COVID-19....

In U.S. v. Taylor, No. 08-3648, the U.S. Court of Appeals for the Seventh Circuit faced a challenge to a conviction for possessing crack cocaine with intent to distribute it. As stated in the decision: “the agents viewed Taylor driving without his seatbelt, and Taylor has not challenged that factual finding on appeal.” The Court affirmed the conviction in concluding that the initial stop of the vehicle and the questioning was proper as it was based on probable cause to believe that defendant had committed a traffic offense....

The Eighth Circuit Court of Appeals ruled this week that a jury’s reasonable inferences about witness credibility matter more than the witness’s protestations of innocence. Officers obtained a warrant for Michael Dewayne Dawson’s home in Batesville, Arkansas. Upon arrival, they found Dawson and Silas Roynel Swift trying to exit the home. Officers seized a large amount of crystal meth in a gallon-sized bag hidden behind the dryer. Officers eventually obtained a warrant for the farmhouse, and stopped a blue truck regularly seen leaving the farm....

In US v. Pembrook, No. 08-6452, the Sixth Circuit faced a challenge to the district court’s denial of defendant’s motion for a sentence reduction for his crack cocaine possession and intent to distribute conviction. In affirming the decision, the court held that defendant’s applicable guideline range was his career offender range, not the crack cocaine range to which the district court departed under U.S.S.G. sections 4A1.3 and 5K2.0, and as such, Amendment 706 to the sentencing guidelines did not have the effect of lowering defendant’s applicable guideline range and he is not eligible for a sentence reduction....

Last week, it seemed silly for the Supreme Court to waste time on its February oral argument calendar because – hello – the end of the world was scheduled for the end of the week. But since that turned out to be a big dud, let’s take a look at the key issues in the 10 cases on the High Court’s post-Valentine’s Day docket. Millbrook v. United States – Whether federal prison guards can be sued for sexual assault on an inmate....

In plaintiffs’ securities class action arising from their purchase of defendant’s registered shares , district court’s grant of the class certification is affirmed where the Rule 23 class certification standard applied by the district court was proper. Read In Re: Constar Int’l Inc. Sec. Litig., No. 08-2461 Appellate Information On Appeal from the United States District Court for the Eastern District of Pennsylvania (D.C. Civil No. 03-cv-05020) District Judge: Honorable Edmund V....

NLRB v. Talmadge Park, No. 09-2601, involved the National Labor Relations Board’s petition for enforcement of an order. The court of appeals denied the petition, on the ground that the order issued on May 27, 2009 when the Board comprised only two members, and accordingly the order was invalid on the basis of the Supreme Court’s decision in New Process Steel, L.P. v. NLRB. Insurance Co. of N. Am. v. Pub....

In Lykken v. Brady, No. 09-15506, an action asserting civil rights violations arising from a search of plaintiffs’ farm, the court affirmed summary judgment for defendants where 1) the arrival of the officers and initial detention of plaintiffs caused plaintiffs’ cattle to bolt, but it was obvious that the officers’ arrival at the scene was necessary in order to execute the search warrant; and 2) the fact that probable cause existed for the search could lead a reasonable officer to suspect the occupants of the house might attempt to conceal the objects of the search if the plaintiffs were allowed unfettered access to the house....