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Milavetz, Gallop & Milavetz, P.A. v. US, No. 08-1119, involved an action by a law firm seeking declaratory relief, arguing that plaintiff was not bound by the Bankruptcy Abuse Prevention and Consumer Protection Act’s (BAPCPA) debt relief agency provisions and therefore could freely advise clients to incur additional debt and need not make the requisite disclosures in its advertisements. As the Court wrote: “Congress enacted the Bankruptcy Abuse Prevention and Consumer Protection Act of 2005 (BAPCPA or Act) to correct perceived abuses of the bankruptcy system....

Here’s a catch-22 for law students: Put your career at risk by admitting struggles with addiction and mental health. Or, hide it as best as you can and watch as the problem gets worse, putting your career at risk. This has long been a genuine problem for some law students. While up to one in four law students exhibits problem drinking, very few get treatment. In part, this is because many bar applicants must disclose mental health issues, including addiction, on the bar application....

In legal research, it is not usually a priority to look for unpublished decisions. But sometimes they give insights to courts and the law that may be useful. In Montanans for Community Development v. Mangan, the U.S. Ninth Circuit Court of Appeals chose not to publish the case because it was not precedential. The case caught the attention of major media, however, because campaign finance law is really important to some people – like the President of the United States....

We definitely hear about West Nile virus a lot, especially during the summer, but do you actually know what the symptoms are? Neither did some New Mexico police officers, who now face a civil action for the deprivation of an arrestee’s rights, reports the Tri-City Herald. Irving Marquez was pulled over by officers after they saw his car swerve and nearly hit a tractor-trailer. During the stop, Marquez was losing his balance, sweating profusely and had trouble addressing the officers....

The Second Circuit Court of Appeals ruled this week that two provisions of Rule 7.4 of the New York Rules of Professional Conduct are invalid. Buffalo attorney J. Michael Hayes challenged the provisions, which mandated disclaimers for attorneys who advertised as legal specialists in various fields, arguing that the disclaimer requirement was unconstitutionally vague and violated his free speech rights. Rule 7.4 states: Hayes and the New York Attorney Grievance Committee of the Eighth Judicial District went back and forth over whether Hayes’ advertising satisfied the disclaimer requirements after the rule was enacted....

The Ninth Circuit, sitting en banc, reheard oral arguments last Tuesday in the case of Peruta v. San Diego County, a controversial challenge to California’s concealed carry laws. In California, concealed carry – the possession of a concealed firearm in public – is generally prohibited, with permits issued only when one can show just cause for needing to take their gun out for a walk through the town square. Personal safety alone is not enough....

As we say goodbye to the waning days of summer, at least we can anticipate a fall full of Supreme Court fun. In a matter of weeks, the Nine will return to the bench for First Monday. Until then, let’s get excited about the cases on the December hearing schedule for the 2012 Term. The Court has 10 cases on the docket for the final round of oral arguments in 2012....

In June, the Seventh Circuit ruled on a case involving the copyrights of the estate of Arthur Conan Doyle, a/k/a the creator of Sherlock Holmes and Dr. Watson. Judge Posner ruled against the estate, and the Seventh Circuit recently issued a sequel opinion. In what may be the next Sherlock Holmes series, let’s take a closer look at Judge Posner’s follow-up opinion: Sherlock Holmes and the Declaratory Judgment Attorney’s Fees....

Petitioner’s petition for review of the BIA’s denial of his asylum application is denied, where government informants do not constitute a “particular social group” for purposes of analyzing their eligibility for asylum, and thus Petitioner did not meet the requirements of 8 U.S.C. section 1101(a)(42)(A). Read Soriano v. Holder, No. 05-72116 Appellate Information Submitted June 2, 2009 Filed June 26, 2009 Judges Opinion by Judge Graber Counsel Tasha Lani Huber, Korenberg & Abramowitz, Sherman Oaks, CA...

As spring actually starts to feel like spring, we’re experiencing the same of end-of-school emotions that consume most high school kids this time of year: excitement and relief. Exam season for SCOTUS litigators concluded on Wednesday as the Court heard its final pair of arguments for the 2012 Term: Metrish v. Lancaster and University of Texas Southwestern Medical Center v. Nassar. Now the wait for grades and graduation the remaining opinions of the term begins....

Two of the government masterminds behind Operation Fast and Furious have been pushed out of their jobs amid continuing outcry over the Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF) illegal gun trafficking scheme. Acting ATF Director Kenneth Melson has been reassigned, as of August 30, as a senior adviser on forensic science in the Department of Justice’s office of Legal Programs. U.S. Attorney for Arizona Dennis Burke resigned from his post the same day....

Defendant’s sentence for drug possession with intent to deliver is affirmed where: 1) a sentence that falls within the properly calculated Guidelines is presumed reasonable and the district court analyzed the factors and explained the reasons for defendant’s sentence; and 2) defendant’s argument that the district court should have considered the soon to be amended Guidelines in deciding what sentence to impose is frivolous as a district court is to apply the Guidelines in effect at the time of sentencing....

Alien Smuggling Conviction Affirmed In US v. Flores-Blanco, No. 09-50040, the court affirmed defendant’s alien smuggling conviction where 1) the district court did not err either in its handling of a co-defendant’s invocation of the Fifth Amendment privilege against self-incrimination or in its admission of evidence of prior bad acts by defendant; and 2) there was sufficient evidence to uphold defendant’s conviction, as an aider and abettor, of bringing an unauthorized alien to the U....

Defendant’s prior convictions for purposes of computing offense level US v. Gibbs, 09-2031, concerned a challenge to the district court’s imposition of a 108-month sentence in a prosecution of defendant for being a felon in possession of a firearm in violation of 18 U.S.C. section 922(g)(1). In vacating the sentence, and remanding for resentencing, the court held that defendant’s prior convictions for “walkaway” prison escape and resisting and obstructing an officer do not constitute crimes of violence for purposes of computing defendant’s offense level....

Defendant’s conviction and sentence for causing the foreign travel of a minor with the intent to engage in criminal sexual activity are affirmed where: 1) his prosecution did not violate the Double Jeopardy Clause; 2) defendant did not reserve the right to appeal the sufficiency of the evidence, and thus waived his argument that the government did not provide a sufficient factual basis to support his plea; and 3) the district court did not abuse its discretion when it rejected defendant’s argument that his sentence should be reduced to account for his prior incarceration....

Many of the country’s busiest cities have become ghost towns lately because of shelter-in-place orders and curfews. Experts say that these tactics have worked in mitigating the spread of COVID-19 in places like China and South Korea. But getting Americans to stay inside isn’t going to be easy. If people do violate shelter-in-place orders or curfews, what kind of consequences do they face? This will vary by state and city, but let’s look at what, if any, consequences are being imposed around the country....

We normally think of insurance companies as helping us when we get into trouble. Sick? They can help with medical bills. In a car accident? They can help with repairs. But it turns out that some insurance companies are working to get their customers into trouble, rather than out of it. Claims and Crimes BuzzFeed highlighted the case of Harry Schmidt, a veteran who reported his truck stolen only to find himself charged with insurance fraud....

You know how the line at the bank gets longer on Friday? That’s because it’s pay day, and everybody wants to put money in and get money out. The same thing is happening in the cannabis industry. Pot growers, sellers and related business can’t wait to get to the bank. The problem for the industry is, federal regulations are pushing them back to the end of line. Waiting for Regulation Aaron Smith, executive director of the National Cannabis Industry Association, says it’s time for banking reform....

The Supreme Court heard oral arguments today in one of the most important cases of the term, Whole Women’s Health v. Hellerstedt, a challenge to Texas’s restrictive regulations on abortion clinics. If the court approves of the Texas law, it could soon become a model for reducing family planning access across the country. If the Court strikes it down, it would be a solid reaffirmation of Roe v. Wade and Planned Parenthood v....

Do your friends or family members take away your phone and computer when you go on vacation? Do they ban you from watching the news or reading newspapers? Do you have trouble taking a break? For many lawyers – especially Supreme Court watchers – it’s hard to disconnect from the office, even when you’re supposed to be enjoying your paid time off. So here’s a way you can cheat, and get your Supreme Court fix, all under the guise of relaxation....