Oregon Enacts Most Generous Paid Family Leave Law In The Country

Residents of the Beaver State, rejoice! The state senate just passed a bill that will expand paid time off from work to care for your family. Following Washington D.C. a few years ago, Oregon will now have “the most progressive paid family and medical leave in the country.” Beaver State Benefits Oregon House Bill 2005, which passed through the state senate on a 21-6, bipartisan vote, provides workers with up to 12 weeks of paid time off to recuperate from their own serious illness, care for new babies or new adopted or foster children, tend to sick family members, and deal with domestic violence....

July 27, 2022 · 3 min · 480 words · Kelly Mitchell

Police Paid To Shoot Hoops Note On Whistleblower Claims

Some cops in Tacoma, Washington, may have had some pretty enviable job “duties”. That is at least, according to a whistleblower, who claims police officers in the Tacoma Police Department got paid to play basketball. Worse yet, this might have been happening for years, reports KOMO. Okay, to avoid being one-sided here, the cops apparently were playing in a yearly charity that promotes “a community free of illegal drugs and gang activity”....

July 27, 2022 · 3 min · 484 words · Carmen Turner

Sandoval V Am Building Maint Indus Inc No 08 2271

In an employment sex discrimination case, district court rulings against plaintiffs are affirmed in part where: 1) plaintiffs’ amended complaint was untimely under the equitable tolling doctrine as plaintiffs did not act with due diligence, or under the relation back doctrine as plaintiffs’ failure to name the company’s subsidiary was not the result of a mistake concerning the identity of the proper party; 2) district court’s grant of summary judgment against timely plaintiffs on their sex discrimination, quid pro quo sexual harassment, retaliation, and a hostile workplace claim was proper....

July 27, 2022 · 1 min · 213 words · Camilla Slagle

Stolaj V Holder No 08 3858

In a petition for review of the BIA’s order removing petitioners from the U.S., the petition is denied where: 1) the five-year statute of limitations on rescission proceedings did not bar the government from initiating removal proceedings based on petitioners’ fraud in their asylum applications; 2) the Immigration Judge did not err in allowing the government to initiate removal proceedings without first seeking to revoke petitioners’ asylee status; and 3) the IJ properly denied their motion to subpoena material witnesses....

July 27, 2022 · 1 min · 174 words · Pedro Jacquemin

Utah Court News District Court Relocation Upcoming Cle

In case you got caught up in the excitement of the first Utah woman being confirmed to the Tenth Circuit, you may need a reminder about some other important events: The Utah District Court is relocating and the Utah State Bar has an estate planning CLE coming up. Here’s what lawyers need to know: Between April 4 and 13, the U.S. District Court for the District of Utah will relocate to the new courthouse at 315 S....

July 27, 2022 · 3 min · 474 words · Richard Boyd

Veterans Discharged For Mental Health Reasons Can Sue

Since terrorists attacked the Twin Towers on Sept. 11, 2001, hundreds of thousands of American soldiers have received “less-than-honorable” discharges. Many of those veterans served in the aftermath wars against Iraq and Afghanistan, and returned with post-traumatic stress disorders. But according to a new class-action lawsuit, they have been unfairly denied veterans’ benefits to treat their mental health conditions. In Manker v. Spencer, the plaintiffs say the Navy has failed them....

July 27, 2022 · 2 min · 375 words · Raymond Mestas

What Are Forever Chemicals And Why Are They In Your Food

Why are things that taste good always bad for you? Candy is bad for your teeth. Sugary drinks can cause diabetes. Now chocolate cake can increase the risk of cancer? According to leaked government documents, chocolate cake has a forever chemical that is 250 times higher than permitted in drinking water. So, what the #@%$! is a forever chemical? Perfluoroalkyl Leave it to chemists to come up with chemicals that you can’t pronounce....

July 27, 2022 · 3 min · 454 words · Cassie Weller

What S Up With The Ninth Circuit S Giant Case Font

The Ninth Circuit Court of Appeals likes to set trends. We can appreciate that. But sometimes, trend-setting form interferes with function. If you check the Ninth Circuit’s website for newly released cases – which we do, everyday – you’ve probably noticed a change in the way that cases are displayed: The font is freakin’ huge. The court’s Public Information Office explains in a press release: After the Ninth Circuit Judicial Conference brouhaha, no one’s going to criticize the court for saving money....

July 27, 2022 · 2 min · 393 words · Troy Knerr

Who Knew Ak 47 Is A Handgun In Tennessee

Tennessee law allows individuals with gun permits to carry handguns in state-owned public places, like parks and “natural areas.” State law defines a “handgun” as “any firearm with a barrel length of less than twelve inches” that is “designed, made or adapted” to be fired with one hand. That means an AK-47 is a handgun in Tennessee. But sometimes law enforcement officials aren’t so good at spotting 12-inches from 20 paces....

July 27, 2022 · 3 min · 507 words · Mario Downey

Will You Have To Give Up Your Gas Stove

Food is subjective, and everyone has their own ways of making the most common dishes. Every cook, from the humble home chef to a James Beard-winning master of haute cuisine, however, agrees on one immutable fact: there is no substitute for cooking with gas. Electricity doesn’t come close. That is why banning natural gas in new construction is shaping up to be, strangely, one of the most divisive battles in the war on climate change....

July 27, 2022 · 3 min · 569 words · Leroy Ocasio

Ada Action By Karate Instructors Dealing With Whether Obesity Is A Disability

Spiegel v. Schulmann, No. 06-5914, concerned an action claiming that defendants violated the anti-retaliation provision of the Americans with Disabilities Act (ADA) and related state laws by terminating plaintiffs as karate instructors. The court of appeals affirmed summary judgment for defendants in part, holding that 1) the district court properly concluded that there was no individual liability for retaliation claims brought under the ADA and 2) the district court correctly determined that plaintiffs failed to state a claim under the New York State Human Rights Law (NYCHRL)....

July 26, 2022 · 2 min · 324 words · Katherine Davis

Biltmore Assocs Llc V Twin City Fire Ins Co No 06 16417

In a bankruptcy adversary proceeding by former officers of the Debtor for indemnification in an underlying action for breach of fiduciary duty, the dismissal of the complaint is affirmed where the “insured versus insured” exclusion in the relevant policies barred coverage, because a post-bankruptcy debtor in possession acts in the same capacity as the pre-bankruptcy debtor for the purpose of directors and officers liability insurance. Read Biltmore Assocs., LLC v. Twin City Fire Ins....

July 26, 2022 · 1 min · 162 words · Jay Kelly

Commerce Clause Enables Sorna Convictions

The Sixth Circuit is full of sex offender appeals lately. Earlier this month, we told you about a Sixth Circuit Court of Appeals decision finding that a person can be found guilty of a Sex Offender Registry and Notification Act (SORNA) violation, even if SORNA wasn’t implemented in his state at the time of the violation. This week, the Cleveland-based appellate court upheld a SORNA conviction after the defendant challenged the law under Commerce Clause....

July 26, 2022 · 3 min · 549 words · Julianna Deppe

Del To Petition Scotus In Prison Suicide Case

Delaware prison officials have indicated they plan to appeal to the U.S. Supreme Court in a rare instance in which prison officials were found liable for the acts of subordinates. In Barkes v. First Correctional Medical Inc., the Third Circuit determined that state prison administrators were responsible for the suicide of Christopher Barkes, an inmate at a Delaware prison. Barkes had a criminal history, as well as a history of prior suicide attempts....

July 26, 2022 · 3 min · 554 words · Marty Collins

District Court Permanently Enjoins Sharia Law Ban Amendment

Under the invisible threat of Sharia law taking over their courts, Oklahoma enacted a constitutional amendment that would prohibit Sharia law from being considered, reports Daily Kos. A district court granted a preliminary injunction, and the Tenth Circuit affirmed. A few weeks ago, the District Court for the Western District of Oklahoma granted a permanent injunction, effectively throwing out the amendment. The Oklahoma House of Representatives, Senate and citizens voted for the “Save Our State” Amendment to the Oklahoma Constitution, which read, part:...

July 26, 2022 · 3 min · 580 words · Randy Schmidt

Does Lonely Island Have The Answer To Lozman S Boat Question

Lonely Island may be able to resolve the second case the Supreme Court will hear on First Monday: Lozman v. City of Riviera Beach. The question in the case is whether a floating structure that is indefinitely moored, receives power and other utilities from shore, and is not intended to be used in maritime transportation or commerce constitutes a “vessel” under 1 U.S.C. § 3, thus triggering federal maritime jurisdiction....

July 26, 2022 · 3 min · 526 words · Walter Tackett

Don T Move If You Want To Stop Kids Relocation Nd Court Rules

Custodial parents may relocate their children to a new state without a court order, the Supreme Court of North Dakota has ruled, so long as the noncustodial parent has “moved” out of the state. The noncustodial parent does not need to have intended to establish residence in a new state for his or her relocation to count as a “move” under North Dakota law. The case, Eggers v. Eggers, involves a mother with primary custody of three minor children who moved them from North Dakota to Ohio to North Carolina without the father’s consent or a court order....

July 26, 2022 · 3 min · 491 words · Karen David

Gay Pride Bibles And Free Speech 8Th Circuit Grants Injunction

In the spirit of Gay Pride month, we bring you this case out of the Eighth Circuit Court of Appeals. Brian Johnson, a man who has been handing out Bibles at the Gay Pride Parade in the Twin Cities since 1995, was granted an emergency temporary injunction last week, allowing him to proceed with the distribution as planned, the Star Tribune reports. District Court Judge Michael Davis denied Johnson’s injunction request earlier this month....

July 26, 2022 · 2 min · 351 words · Frances Mcgill

Gop Convention Suit Dismissed Officers Given Qualified Immunity

The Republican Party may be known to be conservative, but its National Convention in 2008 was anything but unadventurous, with the reported arrests of 800 people. The Eighth Circuit upheld the dismissal of a lawsuit filed by 32 of those people arrested on opening day of the 2008 Republican National Convention in St. Paul, Minnesota. The plaintiffs, comprised of protestors, legal observers, medics, the media and innocent bystanders, alleged that the police violated their constitutional rights to free speech and freedom from unreasonable seizures....

July 26, 2022 · 2 min · 337 words · Samantha Araujo

Greater Yellowstone Coalition V Lewis No 09 35729

Environmental Challenge to Mine Expansion In Greater Yellowstone Coalition v. Lewis, No. 09-35729, an action claiming that the expansion of a mine would violate the National Environmental Policy Act, the Clean Water Act (CWA), and the National Forest Management Act (NFMA), the court affirmed summary judgment for defendants where 1) the CWA and NFMA did not require the Bureau of Land Management (BLM) to identify additional possible sources of pollution; and 2) the record showed that the BLM examined all the relevant evidence....

July 26, 2022 · 1 min · 139 words · Jeannette Klar