Judicial Credibility Determination Admissible Under Fre 608 B

Rommie Woodard was convicted of possessing more than 100 kilograms of marijuana with the intent to distribute and sentenced to 60 months’ imprisonment and 4 years’ supervised release. Last week, the Tenth Circuit Court of Appeals reversed Woodard’s conviction, finding that the district court violated his Sixth Amendment confrontation rights when it refused to allow him to cross-examine a witness about a prior judicial determination that the witness was not credible....

January 21, 2023 · 2 min · 401 words · Charles Key

Ledezma Garcia V Holder No 04 35048

Petition for Review of Removal Granted In Ledezma-Garcia v. Holder, No. 04-35048, a petition for review of petitioner’s removal based on his 1988 conviction for sexually molesting a minor in Oregon, the court granted the petition where 1) the 1988 law that made aliens deportable for aggravated felony convictions did not apply to convictions prior to November 18, 1988; and 2) neither Congress’s overhaul of the grounds for deportation in 1990 nor its rewrite of the definition of aggravated felony in 1996 erased that temporal limitation....

January 21, 2023 · 1 min · 140 words · Selina Stafford

Litigation Funding Can I Get Some Of That

Lake Whillans Litigation Finance focuses on commercial litigation finance, and typically funds business torts or breach-of-contract cases. The firm looks for cases seeking more than $20 million in damages. But the company isn’t interested in speculative, conclusory damages. Consequential and punitive damages are not ideal, either. The gold standard for litigation financing damages? Out-of-pocket losses. “We want a strong evidentiary record showing that the plaintiff is substantially in the right and will win damages that will make the investment make sense,” said managing director Chris Hagale....

January 21, 2023 · 2 min · 274 words · Ernest Caudill

Newport Beach Ada Excessive Force Case To Proceed

The killing of Gerritt Vos was a startling event that made national headlines. The 22-year old hairdresser, who suffered from schizophrenia, and became upset and injured a store worker with scissors, was shot and killed by police outside a 7-11, while wielding that pair of scissors. In a subsequent civil suit filed by his parents, it is alleged that the Newport Beach police used excessive force, shooting him four times, when non-lethal methods were available and would have been effective....

January 21, 2023 · 2 min · 387 words · Ashley Moses

No Injury In Fact No Problem Scotus Talks Respa Rules Next Week

In a past life, we worked in mortgage compliance. It was a dark time that we try to block from our memories. We mention this because it seems that mortgage law - specifically, the Real Estate Settlement Procedures Act or RESPA - is suddenly a hot topic. When we left the mortgage world behind, we had a freedom party - as one does - and burned the RESPA rules in our fireplace....

January 21, 2023 · 2 min · 340 words · Joseph Sanford

Parents Stuck In Vaccine Court In Wrongful Death Case

The Ninth Circuit Court of Appeals ruled on Tuesday that a couple who lost a child due to vaccine-related complications cannot sue drug manufacturers in state court, reports the San Francisco Chronicle. Instead, the parents are limited to accepting no-fault damages through a Court of Federal Claims “Vaccine Court” under the National Childhood Vaccine Injury Act of 1986. The decision is not surprising, considering that the Supreme Court held in 2011 that the Act bars parents from suing pharmaceutical companies for their children’s vaccine-related injuries....

January 21, 2023 · 3 min · 547 words · Johnny Wilson

Senate Confirms Judge Patty Shwartz For 3Rd Circuit

We finally have a new judge on the Third Circuit bench. Tuesday, the Senate confirmed New Jersey Judge Patty Shwartz by a 64-34 vote for a seat on the Third Circuit Court of Appeals, The Associated Press reports. She will fill Senior Judge Maryanne Trump Barry’s seat. Judge Barry took senior status in June 2011; President Obama nominated Judge Shwartz for the appellate court later that year. Despite receiving a “unanimously well qualified” rating from the American Bar Association, Judge Shwartz faced tough opposition in the Senate....

January 21, 2023 · 2 min · 294 words · Terri Wright

Sixth Circuit Mulls Police Shooting Of Dogs

Dogs are routinely euthanized after some civil process, typically when a dog has been found to be a danger to people. But in a Michigan case, police executed three dogs during a search for drugs. They said the animals bared their teeth and charged them. The owners sued for civil rights violations, but a trial judge thew out their case. In arguments to the U.S. Sixth Circuit Court of Appeals, the judges searched for the truth....

January 21, 2023 · 2 min · 370 words · Paul Stringer

Someone Brought Drugs To My House Now What

You can’t always control what your family, friends, or roommates bring into a car, shared property, or a home that you own. But what is your responsibility to stop them – and can you get in trouble? The short answer is yes. If someone brings drugs into your home you can get in trouble. Below you can find general information about drug possession laws, which vary by state, but keep in mind that none of it should be considered legal advice....

January 21, 2023 · 5 min · 1021 words · Desmond Maxwell

Starbucks Can Limit Employees Pieces Of Flair

The lessons from Office Space occasionally transcend the late-90s cinematic zeitgeist and find their way to the Second Circuit Court of Appeals. How, you ask? Through the only medium more prevalent than the very air that we breathe: Starbucks Coffee. Starbucks employees encountered the opposite problem: the coffee overlords at the omnipresent chain limit the pieces of pro-union flair that employees can wear on their uniforms, prompting a National Labor Relations Board (NLRB) dispute....

January 21, 2023 · 2 min · 375 words · Charles Zimmer

Sunder V U S Bancorp Pension Plan No 07 3485

In an ERISA action seeking additional retirement benefits under defendant’s retirement plan, an award of damages against defendant on the ground that plaintiffs’ accrued benefits were decreased by the conversion of the plan into a cash balance system is reversed where neither ERISA nor the terms of the plan precluded defendant from calculating the opening cash balances using the plan’s discount rate. Adverse rulings against plaintiffs regarding the determination of the date of the plan conversion and on their ERISA age discrimination claim are affirmed on cross appeal....

January 21, 2023 · 1 min · 153 words · Bert Mckelvey

Tenth Circuit To Hear Appeal In 1994 Genocide Case

Genocide trials usually involve the United Nations, not the U.S. federal court system, so it may come as a surprise that widows of the former presidents of Rwanda and Burundi are asking the Tenth Circuit Court of Appeals to examine the events surrounding the 1994 genocide in Rwanda. Fighting in Rwanda began after a surface-to-air missile shot down a plane carrying Rwandan President Juvenal Habyarimana and Burundi President Cyprien Ntaryamira. The current President, Paul Kagame, has been in power since emerging from the 1994 genocide as the country’s leader....

January 21, 2023 · 2 min · 343 words · Ruth Barrett

Us V Bell No 07 3806

Denial of defendant’s motion to suppress evidence of crack cocaine and firearm found during search of his home is reversed as the warrant was not supported by probable cause because an affidavit failed to establish the reliability of the informants, and law enforcement officers did not sufficiently corroborate the informants’ reports. Read US v. Bell, No. 07-3806 Appellate Information Appeal from the United States District Court for the Central District of Illinois...

January 21, 2023 · 1 min · 130 words · Stephen Harrel

Us V Shamah 09 2767

Conviction of Police Officer for RICO Violation Affirmed US v. Shamah, 09-2767, concerned a challenge to a conviction of a former police officer for conspiracy in violation of the Racketeer Influenced and Corrupt Organizations Act (RICO), and other offenses and a 232-month sentence. In affirming the RICO conviction, the court held that the evidence was more than sufficient to show that defendant played a daily role in directing the affairs of the police department and the conspiracy between him and his co-conspirator was to rob drug dealers....

January 21, 2023 · 1 min · 168 words · Jean Cruz

Us V Stults No 08 3183

Conviction and sentence for possessing one or more photographs and other matter containing images of child pornography is affirmed where: 1) users of peer-to-peer file sharing software do not have a reasonable expectation of privacy in files they make available to others using the software, and the warrantless search of defendant’s computer through the software did not violate his Fourth Amendment rights; 2) the affidavit submitted by law enforcement in support of the search warrant established probable cause; 3) defendant’s prior conviction for attempted sexual assault on a child was sufficient to invoke the mandatory minimum sentence under 18 U....

January 21, 2023 · 2 min · 254 words · Alicia Rivera

What Happens If You Re Caught With A Fake Id

It’s the weekend, and that means it’s time to go out! Time for mixed drinks and some shots with your friends. Except you’re still underage. Oh yeah, that. A minor setback. You’ll just ask your older brother, who everyone says looks just like you, if you can borrow his ID for the night so you won’t miss out on the fun. Or, since your 21st birthday is still painfully far off, you’ll have someone in the know hook you up with a fake ID....

January 21, 2023 · 4 min · 792 words · Brian Holmes

What In The World Is A Lead Magnet And Do You Need One

Marketing people have their own language, and it’s ironic how it can be confusing. After all, shouldn’t they be super good at communicating clear messages? Like, what was “IHOB” all about anyway? And now the pancake place wants to change its name again? Anyway, let’s talk about something called a “lead magnet.” No, it’s not a heavy magnet that drags down marketing. It’s actually a good thing for your business....

January 21, 2023 · 2 min · 399 words · Paul Beaudoin

World Outreach Conference Center V City Of Chicago No 08 4167

In a consolidated case involving the rights of religious organizations to avoid having to comply with local land-use regulations, dismissal of the suits is affirmed in part and reversed in part where: 1) the district court erred in dismissing World Outreach’s substantial-burden claim under the Religious Land Use and Institutionalized Persons Act, as the burden imposed on a small religious organization catering to the poor was substantial and there was no possible justification for it; 2) a deliberate, irrational discrimination, even if it is against one person rather than a group, is actionable under the equal protection clause, and as this claim is supported by the allegations of Outreach’s complaint, it should not have been dismissed; 3) World Outreach’s claim for damages for violation of the Chicago Zoning Ordinance is barred by the state’s tort immunity act and therefore was properly dismissed; 4) dismissal of Trinity Evangelical Lutheran Church’s claim is affirmed as the burden imposed on Trinity, a substantial religious organization, by the landmark designation that disables it from demolishing the apartment house is modest as the building has not been rendered uninhabitable by the designation....

January 21, 2023 · 2 min · 273 words · Melanie Cook

5 Things A Tax Lawyer Can Do That You Probably Can T

What can a tax lawyer do for you, that you may not be able to do on your own? If you are thinking about hiring a tax law attorney, this article can help you understand how a tax lawyer can help you and weigh the benefits against the costs of hiring one. What Does a Tax Lawyer Do? Online tax-filing products make filing taxes seem pretty straight-forward to many Americans. What many of us fail to realize, however, is just how complex the tax code can be....

January 20, 2023 · 6 min · 1118 words · Aileen Zhao

Asvesta V Petroutsas No 08 15365

In a petition for return of a child under the Hague Convention on the Civil Aspects of International Child Abduction (Convention), the District Court’s order extending comity to a Greek court’s denial of Respondent’s petition pursuant to the Convention is reversed where the Greek court misapplied the provisions of the Convention, relied on unreasonable factual findings, and contradicted the principles and objectives of the Convention. Read Asvesta v. Petroutsas, No. 08-15365...

January 20, 2023 · 1 min · 162 words · Maribel Schulte