Posts

It might sound wacky, but a growing number of people think the best way to protect rivers or other natural resources from pollution is to give them the same legal status as humans. In Florida, for instance, grassroots groups are pushing for laws in five counties that would recognize the “legally enforceable rights” of six rivers. They are following the lead of voters in Toledo, Ohio, which in February passed “The Lake Erie Bill of Rights,” a measure designed to provide citizens a tool to sue on behalf of the lake itself when it’s environmentally endangered....

The Tenth Circuit Court of Appeals ordered the Department of Health and Human Services (HHS) this week to enter into a self-determination contract with the Southern Ute Indian Tribe in New Mexico for the operation of a tribe health center. The Indian Self-Determination and Education Assistance Act (ISDA) directs the Secretary of HHS, upon request of an Indian tribe, to enter into a contract by which the tribe assumes direct operation of HHS’s federal Indian health care programs for the tribe’s members....

President Trump pardoned Joe Arpaio last year, but his case is far from over. Although Arpaio was pardoned for contempt of court, he is appealing because the trial judge refused to vacate the conviction. Judge Susan Bolton said the pardon spared him the punishment, but not the record. In United States of America v. Arpaio, a divided U.S. Ninth Circuit Court of Appeals has appointed a special prosecutor to oppose the former sheriff....

Donald Schultz worked as a painter for American Motors Corporation (acquired by Chrysler in 1987) from 1981 to 1989. During those years, he was exposed to an extremely high amount of benzene, a known carcinogen. In 2005, he was diagnosed with acute myeloid leukemia (AML). He passed away less than a year later. His widow brought suit on his behalf against Akzo Nobel Paints and Durako Paint, the alleged manufacturers of the benzene-laden paint used by Schultz while working for AMC and Chrysler....

In plaintiff’s 42 U.S.C. section 1983 suit against a county, sheriff, and correctional employees, alleging that defendants violated her son’s constitutional rights by failing to respond to his serious medical needs while detained, jury verdict in favor of the plaintiff and award in the amount of $4,450,000 is affirmed for the most part where: 1) the jury had sufficient evidence to impose liability against the county and officers for their deliberate indifference to the detainee’s medical needs; 2) there is insufficient evidence to hold the sheriff liable as the causal connection between the sheriff’s policies and practices and detainee’s death is tenuous in light of the jury’s finding that individual correctional officers deliberately disregarded the detainee’s medical needs; 3) nonetheless, the sheriff’s absence as a liable party does not affect the jury’s compensatory damage award as the parties are jointly and severally liable for the entire award, which measures the amount required to compensate the plaintiff for her indivisible harm, and the sheriff only added an additional source from whom the plaintiff could collect; 4) jury’s damage award for constitutional violations that resulted in death is not excessive; and 5) none of the defendants’ evidentiary challenges warrant reversal....

Summe v. Kenton County Clerk’s Office, No. 09-5794, concerned challenge to the district court’s grant of summary judgment for defendants on plaintiff’s federal claims and dismissal of her state law claims in a suit against a county clerk alleging a claim of unlawful patronage dismissal in violation of the First Amendment, and against county claiming violation of her constitutional privacy rights by disseminating certain personnel records during the campaign in which she ran against and was defeated by the new county clerk for the position....

Dolan v. US, No. 09-367, concerned a prosecution for assault resulting in serious bodily injury, the Court affirmed the Tenth Circuit’s affirmance of the district court’s untimely restitution order, holding that a sentencing court that misses the 90-day deadline nonetheless retains the power to order restitution, at least where, as here, that court made clear prior to the deadline’s expiration that it would order restitution, leaving open (for more than 90 days) only the amount....

In a drug prosecution, denial of defendant’s motion to correct his sentence pursuant to a prior version of Federal Rule of Criminal Procedure 35(a) is affirmed where: 1) there is no material difference between the “discretionary” life term authorized by 21 U.S.C. section 848(a) and the “mandatory” life term authorized by section 848(b); 2) defendant could not challenge the process by which his sentence was imposed under Rule 35(a); and 3) Rule 35(a) did not permit defendant to raise the argument that the district court erred in finding facts relevant to the sentence without submitting those facts to the jury....

District court order granting defendant’s motion to suppress statements made during a traffic stop and the evidence found in his vehicle is reversed and remanded where: 1) the court erred in finding that defendant’s traffic stop was unreasonably prolonged, as the officer did not unreasonably extend the seizure of defendant prior to the completion of the routine records check and reasonably kept him in the patrol car after the records check; and 2) the dog sniff at the end of the traffic stop was de minimis and did not violate the Fourth Amendment....

US v. Steward, No. 08-2666, involved the government’s appeal of defendant’s drug conspiracy sentence. The Eighth Circuit affirmed the sentence, on the ground that defendant’s prior Iowa conviction for operating a vehicle without the owner’s consent did not qualify as a “crime of violence” under U.S.S.G. section 4B1.2(a). As the court wrote: “Williams and Mureta-Espinosa are likewise controlling in the present case. Although Williams involved § 2K2.1 and Mureta-Espinosa involved section 2L1....

In a 42 U.S.C. section 1983 action alleging that, in two separate incidents, Kansas state authorities falsely arrested plaintiff and filed falsified pre-trial diversion agreements containing his forged signatures, dismissal of the action is reversed where: 1) there was no related underlying conviction that could be invalidated by plaintiff’s section 1983 actions and thus the action was not barred by Heck v. Humphrey, 512 U.S. 477 (1994), and 2) a district court may not sua sponte dismiss a prisoner’s section 1983 action on the basis of the statute of limitations unless it is clear from the face of the complaint that there are no meritorious tolling issues, or the court has provided the plaintiff notice and an opportunity to be heard on the issue....

In 1993, artist Samuel Kerson painted Vermont, The Underground Railroad and Vermont and the Fugitive Slave at Chase Hall in Vermont Law School. The paintings celebrate the role Vermont played in helping escaped slaves in the years before the civil war. According to a complaint filed in U.S. District Court for the District of Vermont, however, the law school intends to replace the murals with tile after several students complained that the paintings were offensive....

We’re already seeing some of the short-term impacts of the coronavirus pandemic for law students and new grads. The schools are finishing the spring semester online, graduation ceremonies have been canceled, and some states are allowing graduates with postponed bar exam dates to practice without a license. But when the worst of the outbreak subsides, will it be back to business as usual for legal education? Our guess is: Probably not....

Obamacare news: The Sixth Circuit Court of Appeals has made a decision in the Obamacare lawsuit, saying that Obamacare is constitutional. The lawsuit, Thomas More Law Center v. Obama, challenged the concept of the individual mandate and argued that the individual mandate violated the Commerce Clause. Rewind: The individual mandate, as discussed on this blog and FindLaw’s Fourth Circuit Blog, is the rule that states that Americans must purchase a minimum level of health insurance, or else, be penalized with a monetary penalty....

The Seventh Circuit overturned a lower court’s conviction of a man who was found guilty of arson, but remanded the case with regards to lying to the FBI during the investigation. Fortunately for the defendant, continued law enforcement officer (LEO) searches of his business went beyond the scope and purpose of the search, underscoring again the very blurry region of “fruit of poisonous tree” and the “purged taint.” In March of 2013, a federal judge sentenced Feras Rahman to two and half years in federal prison despite the fact that a jury had found him not guilty of arson....

A 15-year-old case has finally reached a final conclusion thanks to a Second Circuit ruling vacating judgment and remanding the matter. Due to a settlement agreement where the parties stipulated to not proceed with a retrial, the circuit court’s order effectively ends the litigation related to three terrorist attacks that date back to before 2005. The case against Arab Bank was filed under the Antiterrorism Act, which extended liability to any organization that provides support to terrorist organization....

Are you ever too young to write a will? Young people may feel invincible, but accidents and unexpected events can (and do) happen. Consider, for example, “Glee” actor Cory Monteith’s sudden passing at the age of 31, as reported by Reuters. It’s a somber reminder that life is unpredictable and you’re never too young to write a will. Here are a few questions for young people to consider when writing a will:...

In a murder prosecution, the grant of Petitioner’s habeas petition is reversed, where the state supreme court properly held that, in order to reverse Petitioner’s conviction based on ineffective assistance of counsel, they must be convinced that, but for counsel’s deficiencies, there was a reasonable probability of a different outcome. Read Bledsoe v. Bruce, No. 08-3172 Appellate Information Filed June 26, 2009 Judges Opinion by Judge Briscoe Counsel For Appellants:...

Making a prank phone call to your local McDonald’s may seem like nothing more than a funny joke. What’s the worst that could happen? Is Ronald McDonald going to drag you to county jail? Well, we hate to disappoint you would-be pranksters, but law enforcement could easily get involved depending on the kind of prank call. There are laws affecting prank calls and you could potentially serve jail time for your practical joke....

Update 10: (June 19, 3:20 p.m.) Should the Government be able to look for any evidence of crime in a CBP search? Corbin says the customs agents should be able to look for any kind of contraband which is not admissible into the country, which could potentially include intellectual property contraband. What is required to lawfully conduct an extended border search? Corbin says reasonable suspicion is necessary for an extended border search, but the facts of this case do not match those of an extended border search....