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Haitian citizen’s petition for withholding of removal is granted and the order of the BIA denying the application is reversed where: 1) the circuit court rejects the Attorney General’s novel approach to adjudicating crimes involving moral turpitude (CIMT); and 2) following the established methodology for adjudicating CIMT as set forth in Partyka v. Att’y Gen., 417 F.3d 408 (3d Cir. 2005), petitioner’s prior conviction for simple assault against a child under twelve years of age does not constitute CIMT for purposes of cancellation of removal....

It is a statistical reality that women make up about half of the U.S. population. It is also a statistical reality that women are not correspondingly represented in the executive offices of major business. In an effort to increase the number of women in executive business positions and consequently improve the California economy, the California legislature recently enacted Senate Bill 826, which requires publicly traded businesses to have more women on their respective boards of directors....

The World Health Organization has classified new maladies that may affect you as an attorney, especially if you have symptoms of burnout. According to the WHO handbook, burnout is officially a disease. It comes from working so much that you are exhausted, inefficient, and basically sick of your job. That describes most associates at large law firms. So yeah, it’s an epidemic. The good news, now you can get a prescription for it....

Back in September, a federal district judge in Oklahoma, agreeing with a three-judge panel opinion of the D.C. Circuit, held that the Affordable Care Act subsidies applied only to states that had, themselves, established state exchanges and not states in which the federal government had to run the exchange after the state refused. Well, a lot has happened since then. The D.C. Circuit took its case up en banc, vacating the panel opinion, and the U....

Hot on the heels (at least in terms of court timelines) of winning a deceptive trade practices suit at the U.S. Supreme Court, POM Wonderful, fabled maker of pomegranate juice, won another suit at the Ninth Circuit. This time, POM Wonderful claimed that a rival company was improperly using its trademark, which might cause confusion. On balance, said the court, a reasonable consumer could mistake a competitor’s product for POM Wonderful’s....

A boat comes to rest on a lighthouse island. It carries two passengers: a newborn baby and a dead man. That’s how the story begins in “The Light Between Oceans,” a best-selling novel that became a movie by the same name. Margot Louise Watts, a former in-house intellectual property lawyer, wrote it. In Nobile v. Watts, screenwriter Michael Nobile says it was his story first. But the ending looks dim for his appeal to the U....

When are class actions appropriate? This question has been addressed by many courts and most recently, by the U.S. Supreme Court. The U.S. Supreme Court took a look at a Seventh Circuit Court of Appeals case to answer that question, reports Chicago Business. The case involved the sale of Sears dryers, which were advertised to be made of “all stainless steel”. The lawsuit was brought by Chicago class action attorney Clinton Krislov, on behalf of himself and half a million other dryer-buyers....

The Tenth Circuit Court of Appeals ruled on Friday that a defendant who qualifies for a sentence reduction under an ameliorative amendment to the Sentencing Guidelines is not guaranteed a reduced sentence. In February 2007, Rayne Osborn was convicted after pleading guilty to one count of distributing five grams or more of cocaine base. The sentencing court imposed 9 years of prison to be followed by 4 years of supervised release, which was at the low end of the guideline range of 108 to 135 months’ imprisonment....

Hurricane preparation is turning into an annual event on the East Coast. With just hours to go before Hurricane Sandy makes landfall, we have a few practical suggestions for those of you who have decided to hunker down and wait out the storm. Hurricanes are boring. You’ll probably lose power, maybe even for a couple of days. Considering how much we rely on our gadgets, this will seem like the end of the world....

We’ve already learned that auto fatalities increased sharply in 2020 even though the pandemic reduced the amount of driving. Now the latest FBI figures show that widespread coronavirus lockdowns did nothing to reduce violent crime. For the first time in four years, the estimated number of violent crimes in the U.S. increased when compared with the previous year’s totals. According to the FBI, the violent-crime rate in 2020 increased by 5....

Icy sidewalks routinely become an increasing threat as winter closes its icy grip on the fading days of fall. The average person is likely to slip and fall on icy sidewalks, driveways, parking lots, or walkways – possibly causing serious injury in a slip and fall accident. While you may think of sidewalks as a part of a city or local government’s responsibility, private property owners may actually be the ones responsible for your frozen misstep....

As concern over the spread of the new coronavirus has grown, many health care professionals are urging people to stay home as much as possible. It seems that telemedicine would be one easy way to cut down on the number of people visiting hospitals and clinics. But, the patchwork of state and federal laws regarding telemedicine left many unsure of which patients they could treat remotely - and whether insurance would cover it....

It’s the Super Bowl of lawsuits. Wait, no, it’s the lawsuit of Super Bowls. Actually, it’s a lawsuit against the NFL for allegedly gouging fans for tickets to Super Bowl XLVIII. It’s not that complicated, but the NFL has been sued more than once over Super Bowl tickets. This time, in Finkelman v. National Football League, a fan says the NFL sold out the public by withholding 99 percent of its tickets for league insiders and leaving non-insiders to pay inflated prices on the resale market....

Some cases from the last term will take awhile to make their impact in lower courts. There are only so many abortion restrictions to overthrow, for example. District courts aren’t often called to interpret “one person, one vote.” But some cases have quickly impacted litigation, garnering hundreds of citations in district, appellate, and state courts in just a matter of months. These are the decisions that may not make the most headlines, but they seem to be having the most impact....

Despite the federal shutdown (now probably, maybe, possibly over!) crippling much of the country, the U.S. Supreme Court chugged on, finding funding in change dropped in the couch cushions and in Alito’s stocks (maybe). Business as usual consisted of a few grants, a lot of denials, and a “whoops, we improvidently granted” dismissal. If you have any interest in firearms, EPA regulations, or Justice Scalia scolding lawyers, read on: Grants:...

There’s only one way a lawyer can take a real vacation: stop being a lawyer. We can say that because, well, we’re lawyers here at FindLaw, and we know there is no real escape from the law. Even when you “take a vacation,” somebody or something legal is going to happen to you. It may only be a text message, an email, or a phone call, but they are all loaded with potential legal repercussions....

Conviction for firearms possession is affirmed where: 1) the search of defendant’s vehicle without a warrant was permissible under the Fourth Amendment as it was lawful search incident to arrest, and thus firearm found in vehicle was admissible; and 2) the court properly ruled that the search was permissible under the automobile exception to the warrant requirement as well. Read US v. Davis, No. 08-3536 Appellate InformationAppeal from the United States District Court for the Western District of Missouri....

While it’s questionable why any defendant would waive the rights that make them the envy of defendants round the world, it happens. Negotiating and bargaining doesn’t just happen in boardrooms, but courtrooms as well, where defendants bargain away their rights for plea deals and shorter sentences. But is anything really final? This week, the Third Circuit had occasion to address whether a defendant’s waiver of some post-conviction rights had the effect of nullifying an appellate waiver....

In a capital habeas case involving a petitioner convicted of aggravated murder of his son and sentenced to death, denial of the petition is affirmed where: 1) defendant’s Brady claim is rejected as there is no reasonable probability that, had a certain police report been disclosed, the outcome would have been different; 2) defendant’s ex post facto and due process violation claims are rejected; 3) defendant’s ineffective assistance of counsel during the penalty phase claim is rejected; 4) defendant’s Fifth Amendment violation claim based on prosecution’s comment on his failure to testify is rejected; and 5) district court did not err in concluding that defendant procedurally defaulted two of his ineffective assistance of counsel claims....

The Mayans predict that the end of the world will occur this Friday. If we survive, litigants who support teen conversion therapy in California are predicting a different kind of doomsday scenario in less than two weeks. Back in October, California adopted SB 1172, a law barring mental health providers from engaging in sexual orientation change efforts with patients under 18 years of age. This week, plaintiffs opposing SB 1172 continued their quest for an injunction against the bill....