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Jeannette Martello, M.D., J.D. is a very intelligent woman. After all, she possessed both an M.D. and a J.D. (from Boalt Hall, no less). Nonetheless, she was unable to clear the hurdle that was the bar exam, despite four tries in Kentucky and New York. She did, however, pass the Multistate Professional Responsibility Exam before moving on to practice as a medical malpractice consultant. Shortly thereafter, he sent her a letter saying that the original deal violated ethics rules (duh) and that she should bill by the hour instead....

Anthony Elonis was unlucky in love and work, so he did what any person would do. He took to Facebook, and threatened everyone from his wife, to FBI agents, to area elementary schools. He did this claiming it was “therapeutic.” Mr. Elonis, chocolate, booze and bubble baths are therapeutic – threatening violence, is not. The Supreme Court has granted cert in Mr. Elonis’ case, to determine whether objective, or subjective, intent is enough to prove a true threat....

Law schools are quick to point out the versatility of a law degree. Books and blogs abound on alternative careers to becoming a practicing attorney. But what legitimate options are out there for law students who have realized that practicing law is not for them? The question is relevant to more than a few recent graduates. According to one study, approximately one in five law school graduates pursue careers outside of the practice of law....

In its simplest form, the concept of the “rule of law” means that we are subject to clearly defined laws and legal principles (rather than the personal whims of powerful people), and that those laws apply equally to all people, all the time. The idea that no one is above the law is a foundational principle of American jurisprudence, even if its implementation remains more aspirational than actual. Of course, the precise meaning of the rule of law can vary depending on the context and the speaker....

A man suspected of building the bomb that killed 270 people on a flight over Lockerbie, Scotland, in 1988 appeared in a U.S. federal court on Monday. The Department of Justice filed charges against former Libyan intelligence officer Abu Agila Mohammad Mas’ud Kheir Al-Marimi two years ago for his involvement in the Lockerbie bombing. But American law enforcement didn’t take him into custody until this week. Why did it take more than three decades for Mas’ud to see the inside of a United States courtroom, and why is he being tried in the United States at all?...

In the battle of the Cracker Barrels, the Seventh Circuit affirmed the district court’s grant of preliminary injunctive relief against Cracker Barrel Old Country Store, Inc. (“CBOCS”), reports the Chicago Tribune. The Cracker Barrel Names Kraft has been selling low-cost, processed cheese under the Cracker Barrel name for over 50 years, to thousands of grocery stores across the country. CBOCS is a chain restaurant with 620 locations across the country. When Kraft learned that CBOCS planned to sell prepared foods to grocery stores under the CBOCS name, Kraft initiated a trademark infringement suit under the Lanham Act, and requested a preliminary injunction....

Myriad was an interesting case with interesting issues. Where is the line between finding (and patenting) genetic code, as it exists in nature, and protecting the intellectual property rights of a company that spent time and money researching a gene that can predict predisposition towards breast and ovarian cancer? It wasn’t the only decision released on the court’s irregularly-scheduled Thursday. If judicial participation in plea negotiations, federal preemption of local trucking regulations, or interstate water rights disputes are your topic of choice on a Friday afternoon, read on....

Insurance companies who lost billions after the September 11th terrorist attacks won’t be able to recover that money from $6 million in seized terrorist accounts, the Seventh Circuit ruled last week. Though the Terrorism Risk Insurance Act (TRIA) authorizes the use of such assets to pay judgments against terrorists, these funds fall into one of the act’s exceptions. It’s not all bad news for victims of terrorism, though. While the insurers won’t be able to collect from these funds, the Seventh split with the Fifth and adopted a broad reading of TRIA’s “notwithstanding any provision of law” clause, finding it allowed claimants to avoid innocent ownership requirements of civil forfeiture law....

When a judge says ‘hodge-podge’ to describe your complaint, you might have a problem. But if the writing on the wall was not clear enough for the plaintiffs who sued to dispatch their traffic tickets, then the federal appeals court spelled it out for them in the end. Cases, dismissed. “Although people raise an astonishing variety of claims in the federal courts of this country, the fact remains that there are limits on the subject-matter jurisdiction of those courts,” Chief Judge Diane Wood wrote in Lennon v....

The Seventh Circuit Court of Appeals rejected a lawsuit this week from two American civilians who claim that they were tortured by the U.S. military in Iraq, Reuters reports. In an 8-3 opinion, the Seventh Circuit concluded that the plaintiffs had no right to sue former Secretary of Defense Donald Rumsfeld and others in the military chain of command for damages. The en banc decision reverses last year’s Seventh Circuit panel ruling that the men could pursue their Bivens claims against Rumsfeld....

Courts are continuing the trend toward striking down Draconian laws targeting sex offenders. Last year, the Ninth Circuit Court of Appeal disapproved of California’s requirement that sex offenders hand over all their Internet usernames to the state attorney general. Last month, the California Supreme Court overturned a state law categorically banning sex offenders from living in certain areas. At the end of March, a federal district judge in Michigan similarly struck parts of that state’s Sex Offender Registration Act (SORA)....

Diversity actions force federal courts to beef up on state laws. This week, the Eighth Circuit Court of Appeals got a crash course in Minnesota insurance law, thanks to a homeowner’s insurance dispute. Joseph and Carolyn Friedberg sought coverage from their insurer, Chubb & Son Inc. (Chubb), for damage sustained to their home. After Chubb denied their claim, the Friedbergs sued for declaratory relief. The district court granted Chubb’s motion for summary judgment, and the Friedbergs appealed....

Here at FindLaw, we understand the pressures of being a legal professional - most of us are recovering lawyers - so we want to help by tossing you that preferred life preserver of the legal profession, the short list. Today’s topic: Ninth Circuit Rules for Phones and Other Electronic Devices. The Ninth Circuit is often recognized as progressive court, so it stands to reason that - unlike airlines - Ninth Circuit rules on electronic devices would also be progressive....

As the Civil War raged, attorney Lambdin P. Milligan urged people to fight for slavery. He told them to take arms against the U.S. government. He said he would rather die than lose his liberty. “Let liberty be your watchword, and let it resound from every stump in Indiana,” he said in a speech. That was Aug. 13, 1864. Now the Historical Society of the U.S. District Court for the Southern District of Indiana has brought his speech and story back to life....

The quick answer is no. According to the ADA, employees at a business “are not allowed to request any documentation” for a service dog. The American Disability Act (ADA) prohibits both public and private businesses from discriminating against people with disabilities. In so doing, these businesses are required to allow people with disabilities to bring their service animals onto their premises wherever customers are allowed to go. Sometimes it is confusing if an animal is a pet or a service dog, and a business owner may wish to ask for documentation establishing that it is, indeed, a service dog....

The Sixth Circuit Court of Appeals ruled today that an expelled Eastern Michigan University (EMU) graduate student’s civil rights lawsuit can proceed in a Michigan federal court, reports the Detroit Free Press. Julea Ward, who enrolled in the EMU program in 2006 to become a high school counselor, declined to counsel a homosexual client during her school practicum because her “Christian beliefs would not allow her to affirm the client’s homosexual behavior,” according to the Alliance Defense Fund (ADF), which is representing Ward....

Kelli Tennant says she met Luke Walton at a volleyball tournament ten years ago, and their professional relationship continued through her reporting career covering the Los Angeles Lakers while Walton was a studio analyst. Tennant was also close with Walton’s wife over the years, and Walton wrote the foreword to her book. But according to a lawsuit filed by Tennant, that relationship took a turn when she tried to give Walton a copy of that book in 2014....

In 1976, Michigan enacted the Michigan Container Act — known as the “Bottle Bill” — to encourage beverage container recycling. It is one of ten states that requires consumers to pay a can, plastic bottle, or glass bottle deposit when purchasing specified beverage containers. This week, the Sixth Circuit Court of Appeals solidified its status as the booze bottle niche court by ruling that a fraud prevention amendment to the Bottle Bill violates the Commerce Clause....

What do you get when you combine a possibly-overzealous cop with an allegedly-drunk driver, who is cleared of all charges after a urine test and two days in the slammer? A civil rights lawsuit debating reasonable suspicion, of course. Ohio State Highway Patrol Trooper Adam Throckmorton arrested plaintiff Catrena Green for driving under the influence of alcohol or drugs following an evening traffic for failing to dim her high beams in the face of oncoming traffic....

“It is unlawful for a person to cultivate, handle, or process hemp in this State without a hemp license issued by the Department pursuant to the state plan.” Seems simple enough, right? But it turns out defining “hemp” is not to easy. So, knowing when you need a license, and what can be handled, processed, and sold can get a little tricky. South Carolinians learned this lesson when a legal opinion from the state attorney general, designed to clarify matters, only muddied the water when it comes to legal and illegal hemp....