In an adversary proceeding in bankruptcy court by a creditor claiming that debtor’s debt was undischargeable because of a finding in a prior action that the debtor committed fraud, summary judgment for plaintiff is affirmed where defendant was barred from defending the action by issue preclusion because the issue of his fraud was actually litigated in the prior case. Read In re: Corey, No. 08-3309 Appellate Information Filed September 30, 2009...
The Indiana Attorney General’s office filed an appeal in the Seventh Circuit on Monday challenging a federal district court injunction barring enforcement of a new state law that would pull Planned Parenthood funding. The law, enacted under Indiana House Bill 2010, prohibits Indiana agencies from entering contracts with, or making grants to, any entity that performs abortions or maintains or operates a facility where abortions are performed. U.S. District Judge Tanya Walton Pratt blocked provisions of the law that penalized Planned Parenthood because some of its clinics performed abortions....
Is judicial bias an issue in the Third Circuit? The Third Circuit Court of Appeals issued a ruling on Friday which called into question the impartiality of a federal district court judge in the criminal prosecution of former criminal defense lawyer Paul Bergrin. The 50-page ruling directed the district court to reassign the matter to a different judge. The matter had previously been heard in the courtroom of U.S. District Judge William Martini....
The Ninth Circuit Court of Appeals’ recently-adopted criteria for Title IX retaliation cases remains intact. Wednesday, the court denied en banc rehearing in Emeldi v. University of Oregon. Chief Judge Alex Kozinski is not happy about the decision, which he called “bad law.” Monica Emeldi, formerly a special education doctoral candidate at the University of Oregon, complained to the University in 2007 about the lack of adequate support for female PhD candidates....
In an employment and age discrimination action against the County Sheriff, district court’s judgment in favor of defendant is affirmed where: 1) district court was correct in granting summary judgment to the defendant as the record does not support plaintiff’s ADEA claim as he failed to produce direct or circumstantial evidence that the Sheriff transferred him because of his age; and 2) district court did not abuse its discretion in awarding attorney’s fees and costs to the defendant in concluding that plaintiff litigated part of his lawsuit in bad faith....
Migraines may be painful, but employers may not be required to make special accommodations for migraine-plagued employees under the American with Disabilities Act (ADA). Alethia Allen sued her former employer, SouthCrest Hospital, alleging that SouthCrest failed to accommodate her disability and terminated her employment. Allen, who suffered from migraines during her employment with SouthCrest, tendered her resignation in 2009. Though Allen’s request for Family and Medical Leave Act leave to care for her daughter had been denied on the business day prior to her resignation, Allen claimed she resigned because of her migraines and hypertension....
Bratz and Barbies may be friends in the toy box, but they’re bitter enemies in the courtroom. This week, the Bratz were back in the Ninth Circuit Court of Appeals again, in an appeal challenging the damages from the retrial of the last round of litigation over the dolls. Got that? If not, we’ll recap the pertinent details. In 2008, Mattel won a copyright infringement and breach of contract lawsuit against MGA Entertainment....
In the animal adoption world, there are plenty of regulations. Most are focused on the welfare of the animal, but some come at the frustration and heartache of the people adopting them. Read on for more information about the rules and laws surrounding pet adoption, the organizations, and animals. Animal Shelters Have Individual Rules Local shelters are regulated by their individual board of directors or local officials. Each one can set its own rules....
Yesterday, the Supreme Court heard oral arguments in Spokeo v. Robins, a case which could have major implications for Internet privacy litigation. Spokeo, a “people search” website, aggregates public information on individuals, from their educational levels to the cost of their house. But, whoops! Sometimes that information isn’t always accurate. When Spokeo published inaccurate information about Thomas Robins, he pursued a class action against the site for violating the privacy-focused Fair Credit Reporting Act....
Former Luzerne County Judge Mark Ciavarella was convicted in 2011 for crimes related to a scheme dubbed “Kids for Cash” – an outrageous miscarriage of justice that has resulted in a film of the same name about the scandal. On Monday, the Supreme Court denied his petition for writ of certiorari. The Kids for Cash Scandal The Kids for Cash scandal involved Judge Ciavarella, and his colleague former Judge Conahan, in a conspiracy to send hundreds of juveniles to private detention centers, in lieu of county-run centers, in exchange for cash payments exceeding $2....
Making money on the side might not be really high on the list of priorities for lawyers, but doing so can often be a nice way to supplement your income. However, working as a lawyer on the side might not be something you want to do, as you may prefer to have your side hustle be a little more passive. So if you’re looking for some lazy side hustles that you can do with minimal time investment, check out the below list....
Sports arenas often encounter a Velveteen Rabbit problem; eventually, the teams that love theses arenas want something newer, bigger, and flashier. The old arenas are abandoned, forgotten, and finally demolished. The Pittsburgh Civic Arena, fondly known as the Igloo, suffered a similar Velveteen Rabbit fate. Workers began demolishing the Igloo on Monday after the Third Circuit Court of Appeals denied an emergency motion for injunction to delay demolition last Friday....
Justice Ginsburg has long been one of the nation’s most important jurists, winning five landmark gender equality cases before the Supreme Court, decades before she joined it. Her success, and her staunch support of equal rights for women, have made her not just a legal force, but a pop cultural one: there are RBG books, RBG blogs, even RBG tattoos (not to mention the opera.) Now, on the eve of the newest Supreme Court term, Justice Ginsburg is sharing her advice for living as successful a life....
O.K. Oklahoma – U.S. District Judge Terence C. Kern overturned the state’s gay marriage ban. However, Judge Kern is staying his decision pending appeal, according to The Washington Post. Judge Kern’s opinion in Bishop v. United States deals with “Part A” of the Oklahoma amendment. He used the rational basis test to determine that the ban is unconstitutional – much to the chagrin of some Oklahoma politicians. Similar to Oklahoma’s Tenth Circuit buddy Utah, Judge Kern struck down the same-sex marriage as unconstitutional....
To give you a hint as to the sort of, um… interesting individuals involved in this case, and the other legal battles that forced this case to the U.S. Supreme Court, we’ll start this post with a description of a few colorful characters in the assorted cases, courtesy of a feature profile on the protestors by the Santa Barbara Independent. Parker’s Convictions Reversed Parker was thrice arrested, and thrice convicted of violating 18 U....
District court’s conviction and imposition of an enhanced sentence on a defendant for unlawful possession of a firearm by a convicted felon is affirmed where: 1) the police’s search was reasonable and a gun thus was admissible because there was probable cause to search the car, defendant consented to the search, and the police would inevitably have discovered the gun during an inventory search of the vehicle; and 2) the district court acted properly in finding that defendant had been previously convicted of a crime of violence under the Guidelines....
Conviction and sentence for drug crimes and firearms possession is reversed where: 1) the evidence was sufficient to support defendant’s conviction as the government proved a nexus between the weapons and defendant’s drug trafficking offense; 2) a jury instruction defining the elements of the offense under 18 U.S.C. sec. 924(c)(1)(A) was erroneous and affected defendant’s substantial rights as it allowed defendant to be convicted on a lower standard. Read US v....
It’s the five words that no holiday traveler wants to hear: your flight has been cancelled. Unfortunately, cancelled flights are a reality for thousands of holiday travelers every year. According to U.S. Department of Transportation statistics, nearly 3% of flights by major carriers were cancelled during the 2013 winter holiday travel season. So what should you do if your flight is among those that are bound to be cancelled this holiday season?...
The news is encouraging. Two pharmaceutical companies and one biotech company report more than 90% effectiveness in clinical trials involving coronavirus vaccines, and they may be publicly available soon. But it takes time to produce these vaccines, and supplies will be initially limited. So, as these companies prepare for emergency authorization from the Food and Drug Administration, important decisions must be made on who should be vaccinated first. And second. And so forth....
Drug and Firearm Sentences Affirmed In Abbott v. US, No. 09-479, defendants’ sentences for drug and firearm offenses and for violating 18 U.S.C. section 924(c), which prohibits using, carrying, or possessing a deadly weapon in connection with “any crime of violence or drug trafficking crime,” and imposes a mandatory minimum sentence of five-years’ imprisonment, are affirmed where 1) a defendant is subject to the highest mandatory minimum specified for his conduct in section 924(c), unless another provision of law directed to conduct proscribed by section 924(c) imposes an even greater mandatory minimum; and 2) defendants’ challenges to their section 924(c) sentences, resting their objections on the “except” clause prefacing section 924(c)(1)(A) are rejected as there was strong contextual support for the view that the “except” clause was intended to simply clarify section 924(c), and it applied only when a greater minimum sentence is otherwise provided....
