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In US v. Espinoza-Morales, No. 09-50267, the court vacated defendant’s sentence for attempted reentry following deportation, holding that neither defendant’s prior conviction for sexual battery under California Penal Code section 243.4(a) nor his conviction for penetration with a foreign object under California Penal Code section 289(a)(1) constituted a crime of violence warranting the U.S.S.G. section 2L1.2(b)(1)(A)(ii) enhancement. In US v. Bennett, No. 06-50580, the court vacated defendant’s bank fraud conviction, holding that, given that the government did not argue that defendant defrauded a financial institution, and that no rational juror could find beyond a reasonable doubt that the funds at issue were “owned by, or under the custody or control of” a financial institution in the circumstances presented here, defendant’s conviction must be vacated....

You might not know exactly what a bot is, much less a botnet. But you probably know from context that they ain’t good. The FBI once described botnets as “armies of personal computers taken over by cyber criminals and used on the sly to commit all kinds of mischief, from identity theft to denial of service attacks to massive spam campaigns.” But if the bad guys can use armies of computers to do bad guy stuff, can the good guys use armies of computers to do good guy stuff?...

It turns out that taxes are not certain – particularly when it comes to religion. Judge Barbara Crabb made that point in Gaylor v. Mnuchin, when she said a tax break for the clergy is unconstitutional. Now the U.S. Seventh Circuit Court of Appeals is deciding whether she was right. The Seventh Circuit did not agree with her when they vacated her decision the first time. This time, the appellants are proceeding on faith that the panel will give them a break....

The Ninth Circuit issued decisions in a civil rights matter, a criminal case and a matter involving the Federal Motor Carrier Act. Avalos v. Baca, No. 07-56511, involved a an action based on alleged violations of plaintiff’s rights under the Fourth and Fourteenth Amendments based on his over-detention and for defendants’ efforts to procure an involuntary waiver of his civil rights claim based on his over-detention. The Ninth Circuit affirmed summary judgment for defendants, holding that 1) plaintiff failed to show an unconstitutional custom, policy or practice of over-detention; 2) there was no actionable claim under section 1983 for procuring a coercive or involuntary waiver of a civil rights claim; 3) the district court properly granted summary judgment for defendants on plaintiff’s conspiracy claims; and 4) plaintiff failed to present sufficient evidence of a RICO violation or any harm to his business or property from the alleged act of racketeering....

In Cole v. Homier Dist. Co., No. 09-1725, an action for breach of a tractor dealership agreement, the court of appeals affirmed summary judgment for defendant in part where 1) because the dealership agreements at issue were not preexisting, but arose out of the agreements with defendant, plaintiff could not state a claim for tortious interference; 2) plaintiff’s allegations did not provide grounds to infer an intent to defraud at the time of the agreement’s formation; and 3) the district court did not abuse its discretion in finding that an expert’s report was flawed both factually and methodologically....

Corporations and other non-human associations don’t have a First Amendment right to serve as official proponents of ballot initiatives, the Ninth Circuit held in a unanimous en banc ruling last Friday. The case involved a local law in Chula Vista, a San Diego suburb, which required that proponents of ballot measures be electors – in other words, actual humans. With corporate personhood extending at least to encompass political speech, via political spending, commentators wondered if that personhood could stretch to actual legislative power....

In plaintiff’s 42 U.S.C. section 1983 suit following his termination by a government agency, summary judgment in favor of the defendant is affirmed where: 1) plaintiff failed to sufficiently demonstrate that he had a property interest in his employment because he did not establish that there was a mutually explicit understanding that he could only be terminated for cause; and 2) plaintiff failed to sufficiently demonstrate that the defendant’s actions deprived him of a liberty interest....

The Eighth Circuit decided three criminal matters, all involving sentencing issues, and one product liability case. In US v. McCarther, No. 08-3169, the court of appeals affirmed defendant’s drug conspiracy sentence, holding that 1) two of the counts against defendant were not improperly joined at the outset simply because the government was not ultimately able to convince the district court at sentencing that the discharge of the firearm and the drug conspiracy were related for purposes of the Sentencing Guidelines calculation; and 2) prior offenses that were part of the same conspiracy being sentenced can be used for 18 U....

In Kodish v. Oakbrook Terrace Fire Prot. Dist., No. 08-1976, , the Seventh Circuit dealt with a former firefighter’s suit alleging violation of his due process rights, his First Amendment rights by terminating him for engaging in pro-union speech, and wrongful termination and defamation under Illinois state law. In reversing the district court’s grant of summary judgment for the defendants, the court held that the Illinois Fire Protection Act grants a firefighter an entitlement to continued employment in the absence of cause for discharge after the firefighter has held the position for one year....

Alex Kearns was 20 years old in June 2020 when he rode his bicycle to a railroad crossing near his home and ran in front of an oncoming train. His family says that Robinhood, the investing app that made headlines earlier this year for its role in the GameStop short, is responsible for the distress that led Kearns to take his own life. According to the family’s wrongful death suit, Robinhood’s “aggressive” and “reckless” tactics, coupled with poor customer service, caused Kearns to mistakenly believe he had lost $730,000 - and that he would have to pay at least $170,000 within just a few days....

In a tort and contracts action alleging defendants participated in a fraudulent mortgage-flipping scheme, district court judgment is reversed where: 1) plaintiff’s suit is not barred by the Rooker-Feldman doctrine; and 2) plaintiff’s suit is not barred by claim preclusion, as claims against the borrower on the note are distinct from whether defendants committed fraud that induced plaintiff to make loans or whether defendant followed plaintiff’s prescribed closing procedures. Read Freedom Mortgage Corp....

The Supreme Court denied review of the Mount Soledad cross dispute on Monday, but it left the door open for further judicial review – and Establishment Clause clarification – pending a final judgment on the fate of the cross. Justice Samuel Alito issued a statement in today’s orders, explaining that, while he agreed with the Court’s decision to deny certiorari in the matter, it was only because the case was not yet ripe for Supreme Court review....

When most of us think of registering to vote, we think of it as a one-and-done process, when in fact voting might be a use-it-or-lose-it proposition. Just because you registered to vote once, that doesn’t mean that registration remains valid your whole life. There are many ways to lose your voting rights, and one of those ways is by not voting. Some states and jurisdictions have been especially aggressive about removing registered voters from their voter rolls....

We know Obamacare has provoked litigation regarding its legality and application, but even robocall statutes? It seems the Affordable Care Act is full of litigious inspiration. Indiana Robocall Law Indiana has taken a strong stand against robocallers – it has prohibited the use of automatic dialing devices except in limited circumstances where a person consents (directly or impliedly) to receiving the message. Patriotic Veterans, Inc. (“Veterans”) uses robocalls for political speech – and in the event that gave rise to the present litigation – to notify veterans and seniors about the passage of Obamacare resulting in cuts to Medicare....

Katy Perry’s song “Dark Horse,” featuring rapper Juicy J, was her ninth number one single in the U.S., and the second-biggest-selling single worldwide in 2014. The song was nominated for a Grammy award and racked up 2.6 billion times on YouTube. ‘“Joyful Noise,” released by Christian rapper Marcus Gray, a.k.a. Flame, in 2009 also had millions of plays on YouTube and Spotify, and an album on which it was included was also nominated for a Grammy....

Few pieces of legislation have been as controversial as the Affordable Care Act, also known as Obamacare. And the seemingly endless parade of legal challenges to the law appears at odds with its popularity among the general public. The least popular aspect of the law – that everyone was required to obtain health insurance and could be penalized for not doing so – was repealed by the Trump administration, so of course everyone loves it now, right?...

This summer, the Minnesota legislature approved a measure making edibles and beverages containing hemp-derived THC legal for folks over 21. Some rejoiced at the jump forward for a state where only medical marijuana was previously permitted. Others, not so much. No New Customers for You Vireo Health, a Minnesota-based medical cannabis company, is one of only two companies the state’s department of health authorized to distribute medical cannabis. The dispensary offers a variety of products, from topical creams to vape oils and edibles....

Alleged jihadists were indicted on weapons and conspiracy charges in New Mexico, where authorities say the defendants were training to carry out attacks in the United States. Magistrate Judge Kiran Khalsa denied bail to the five adults, and told them there was “clear and convincing evidence” that they are “a danger to the community.” It is an especially disturbing case because originally the Muslim adherents were arrested after police found 11 starving children and the body of a three-year-old at their desert compound....

In yet another Lanham Act controversy, the Eighth Circuit affirmed summary judgment on multiple theories brought by disgruntled football players who claimed the NFL had violated their privacy and misled the public through their films. In a pithily worded opinion, the court quickly detailed why the players’ suit should fail. NFL Films The NFL produces films that track and document significant games, seasons, and players in NFL history. According to the court’s opinion “[t]he films consist of compilations of game footage and interviews with players, coaches, and other individuals involved in the game....

The Ninth Circuit Court of Appeals reversed itself Monday in a decision addressing the state of mental health care services in Veterans Affairs hospitals. In a 10-1 decision written by Judge Jay Bybee, the court backtracked to say that the Congress and the president – not the courts – must cure the VA’s previously-diagnosed “unchecked incompetence,” The Washington Post reports. The controversy at the center of this case is the growing number of mental health problems among veterans returning from the wars of the last decade....