Gambino Capo S 1981 Murder Convictions Upheld By 2Nd Cir

The Second Circuit upheld the murder convictions of Bartolomeo Vernace, ruling that the three decades-old murders might have started over a spilled drink dispute, but they certainly did not hurt the mafioso’s reputation as a violent mobster. The circuit’s ruling marks a major victory against the Gambino crime family which has, over the years, suffered diminished power and influence. The now infamous “Shamrock” killings of 1981 were so called because they took place in a Queens, New York bar in 1981 named “the Shamrock....

July 23, 2022 · 2 min · 340 words · Gerald Thompson

Get To Know A Judge Myron Bright Still Serving After 47 Years

Judge Myron Bright has sat on the Eighth Circuit longer than many of those reading this have been alive. For 47 years, Bright has served on the court, continuing to hear cases and author opinions to this day. Needless to say, he’s the longest-serving judge in the history of the circuit. At 95 years old, he has no plans to retire anytime soon. Instead, he will continue to hear up to 50 cases this year....

July 23, 2022 · 3 min · 479 words · Alfred Parry

Judge Posner S Sharp Uncompromising Rebuke Of Wis Voter Id Law

Let’s step back a second and take a look at where Wisconsin’s voter ID law is. On September 12, a three-judge panel of the Seventh Circuit heard oral arguments on the validity of Wisconsin’s voter ID law. Almost immediately afterward, the panel stayed the district court’s injunction, allowing Wisconsin to enforce the law. Several groups requested a rehearing on the stay, which the court denied, along with a sua sponte request by one of the Seventh Circuit judges to rehear the motion en banc....

July 23, 2022 · 3 min · 637 words · Anthony Cabrera

Kraus V Presidio Trust Facilities Div No 07 17177

In a Title VII action for employment discrimination by a federal employee, dismissal of the action is reversed where plaintiff was not required to specifically contact a person with the job title “Counselor” to meet 29 C.F.R. section 1614.105(a)(1)’s requirement that she contact an EEO counselor within 45 days of the alleged discrimination. Read Kraus v. Presidio Trust Facilities Div., No. 07-17177 Appellate Information Submitted July 16, 2009 Filed July 23, 2009...

July 23, 2022 · 1 min · 156 words · Julia Sweet

Merrill Lynch Claim Is Time Barred New Freelance Writer Settlement

Perhaps the Second Circuit is already in a pre-Thanksgiving, turkey tryptophan-induced food coma, but so far it’s been a not-so busy week for the court as far as precedential decisions. But, there is some important news coming out of the circuit that is worth noting. In February 2013, U.S. District Judge Marrero of the Southern District of New York dismissed South Korean bank Woori’s claims against Merrill Lynch over losses related to $143 million worth of collateralized debt obligations, reports Bloomberg....

July 23, 2022 · 2 min · 402 words · Roslyn Shipley

N J S Gay Conversion Therapy Ban Making Its Way Through The Courts

New Jersey is doing a pretty good job of staying in the national spotlight lately. First it was Hurricane Sandy, then “Bridegate,” and now it’s making history (along with California) on the gay conversion therapy front. N.J. Assembly Bill 3371 On August 19, New Jersey became the second state to ban gay conversion therapy for minors. The new law, A3371, prohibits psychologists, therapists and social workers from engaging in gay conversion therapy with minors under 18....

July 23, 2022 · 2 min · 352 words · Glenn Zimmerman

New Hampshire Ins Co V Home Savings Loan Co Of Youngstown Ohio No 08 3902

In a dispute involving insurance coverage brought against policyholder-yacht dealer and marina operator, district court’s order and judgment granting defendant’s motion to dismiss pursuant to its discretion to decline to exercise jurisdiction over claims brought under the Declaratory Judgment Act is reversed as the court incorrectly assumed that it had jurisdiction, and thus, its analysis of the abstention issue is vacated. However, the district court’s judgment dismissing plaintiff’s claims is affirmed as, looking at the interests insured by the policy sub judice, the weight of authority indicated that the insurance policy at issue was not a maritime contract because its primary objective does not relate to maritime commerce....

July 23, 2022 · 2 min · 218 words · Robert Blea

Nsa Surveillance Lawsuit Ironically Dismissed As Speculative

Perhaps a motion for rehearing might be in order here? Two weeks ago, if someone were to tell you that the National Security Agency was monitoring your phone records, your phone’s GPS location, and basically everything you do online, you might’ve said that such a statement was “speculative.” Or, if you aren’t as soft-spoken as the Ninth Circuit, you might’ve told that person to get back on their medication and to remove the tin foil from their head....

July 23, 2022 · 3 min · 459 words · Alexandra Riera

Ramadan Meals Case Revived By 7Th Cir

The Seventh Circuit revived a free exercise of religion case in which a Muslim inmate sued his jailers for interfering with his observance of Ramadan by withholding “special meals.” The circuit vacated the lower court’s summary judgment in favor of the defendant. According to the court, making a prisoner choose between food and religion is a substantial burden on his free exercise. Michael L. Thompson, 38, was and still is serving a life sentence in a Wisconsin jail....

July 23, 2022 · 3 min · 446 words · Martin Beckstead

Rite Aid Prevails In Fight Over Arbitration Of Labor Dispute

In Rite Aid of Pennsylvania, Inc. v. United Food & Commercial Workers Union, No. 09-1989, the U.S. Court of Appeals for the Third Circuit addressed the issue of whether the parties had agreed to arbitrate a labor dispute under the parties’ collective bargaining agreement (CBA). As stated in the decision: “In 2007 Rite Aid acquired a chain of drugstores formerly operated by Brooks Eckerd. The employees of the newly acquired stores were not yet represented by the Union....

July 23, 2022 · 1 min · 195 words · Lynda Ketter

Scotus Warrant Required For Cell Phone Location Search

In a detailed 5- 4 opinion, the High Court basically proclaimed the following rule when it comes to law enforcement obtaining an individual’s cell phone location data: In Carpenter v. U.S., Justice Roberts, for the majority, stressed the fact that individuals have a privacy interest in their cell phone location data, and that absent probable cause and a warrant, or exigent circumstances, it cannot be searched by law enforcement. Before compelling a wireless carrier to turn over a subscriber’s CSLI, the Government’s obligation is a familiar one – get a warrant....

July 23, 2022 · 2 min · 404 words · Jesus Dobey

Sen Al Franken Opposes New 8Th Cir Nominee

Live from Minnesota, it’s Sen. Al Franken’s night. The former Saturday Night Live star is rising in American politics after he effectively blocked President Trump’s nomination to the U.S. Eighth Circuit Court of Appeals. Franken has withheld his “blue slip” approval of the nominee, Judge David Stras, forcing even staunch Democrats to concede the point. “The purpose of the blue slip is to ensure consultation between the White House and home-state senators on judicial nominees from their states,” said Sen....

July 23, 2022 · 3 min · 454 words · Anthony Casper

Sixth Circuit Unreasonable Search Claim Goes To The Dogs

This week didn’t start well. The whole office is sick, the rainy season is upon us, and we missed our commuter train twice. Then we found this Sixth Circuit Court of Appeals case, which combines two of our favorite topics: Warrantless searches and puppies. Suddenly, the sun is shining and things are looking up. First, let’s talk about the puppies. A litter of 11 American bulldog puppies, to be precise....

July 23, 2022 · 3 min · 604 words · Rebecca Czarnecki

Stiefel V Bechtel Corp No 09 55764

Retaliatory Discharge Action In Stiefel v. Bechtel Corp., No. 09-55764, an action alleging that defendant discriminated against plaintiff because of a disabling work-related injury and failed to accommodate that disability, and then laid him off to retaliate against him for seeking accommodation, the court affirmed in part summary judgment for defendant where plaintiff failed to demonstrate either that he applied to be rehired or that it would have been futile to do so....

July 23, 2022 · 1 min · 162 words · Gene Bayardo

Terror Victims Win 2B Supreme Court Case Against Iran

Victims of Iranian-sponsored terrorism won big in the Supreme Court this morning. Today, in a 6-2 ruling authored by Justice Ginsburg, the Court upheld a law giving terror victims an explicit right to collect a court judgment against Iran. That 2012 law, passed as federal courts were considering the same question, did not overstep the separation of powers between Congress and the courts, the Supreme Court ruled. The ruling opens up a $2 billion judgment against Iran, making the money available to the more than 1,000 victims and families of victims of Iranian-sponsored terrorist attacks, including a 1983 bombing of Marine barracks in Beirut and the 1996 bombing of the Khobar Towers in Saudi Arabia....

July 23, 2022 · 4 min · 778 words · Betty Plascencia

Top 5 Ways To Get To Supreme Court Oral Arguments

An appellant arrives at the Supreme Court oral arguments through a writ of certiorari; a Supreme Court visitor arrives by hired car or bus. We’ve told you which brand of robe you need to dress like a Supreme Court justice. We’ve offered instructions for hiring a line stander. Now you need to get to Court to relieve your line stander. Driving yourself to the Supreme Court is a bad idea. The closest parking garage is half a mile away at Union Station, and traffic near Union Station is terrible....

July 23, 2022 · 1 min · 204 words · Lynn Coronado

World S Worst Passwords And Why People Use Them

Everybody hates having to come up with yet another password. Perhaps that’s why so many people use the same password. For example, some 23.2 million people used “123456” as their password last year. That’s also why they all got hacked; it’s one of the worst passwords ever. Here is a list of the most hacked passwords, and here’s hoping that yours is not on the list. ‘123456 Password’ If “123456” is the worst, “password” has got to be the second worst....

July 23, 2022 · 2 min · 399 words · Dan Brown

Raging Bull Heir S Copyright Infringement Claim Against Mgm Survives

The Ninth Circuit can add another notch to its “Supreme Court reversal belt.” On Monday, the Court reversed a Ninth Circuit judgment dismissing a copyright heir’s claim on the basis of laches. Finding the court’s judgment in error, the Supreme Court reversed and remanded. The present case deals with the copyrights related to the “Raging Bull” film starring Robert De Niro, based on the life of boxing champion Jake LaMotta. Frank Petrella, LaMotta’s friend, joined LaMotta in telling the champ’s life story, which resulted in two screenplays, and one book....

July 22, 2022 · 3 min · 502 words · Karla Olofson

8Th Cir Year In Review Top 10 Blog Posts Of 2014

We’re wrapping up our 2014 “year in review” series, continuing with a circuit close to my heart – the Eighth Circuit, home of my native land of Missouri. What happened in the Eighth Circuit this year? A whole lot of everything, actually. Unlike most other circuits, there were no gay marriage appeals to take over the headlines. Instead, this circuit dealt with everything ordinary: prisoners’ rights litigation, allegedly dangerous drugs, and lawyers acting stupid....

July 22, 2022 · 3 min · 611 words · Kay Caulder

Action Seeking Damages For Search And Seizure Of Plaintiff S Computer And Immigration Matter

Iliev v. Holder, No. 09-9517, concerned a petition for review of a Board of Immigration Appeals (BIA) order holding petitioner ineligible for a hardship waiver under 8 U.S.C. section 1186a(c)(4)(B). The court of appeals denied the petition on the grounds that 1) the court lacked jurisdiction to review part of the petition because deciding it would require the court to pass on the BIA’s credibility determinations and the weight the BIA gave to certain pieces of evidence; and 2) the BIA applied the correct legal standard when evaluating his eligibility for a good faith marriage waiver....

July 22, 2022 · 2 min · 274 words · Sandra Modica