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The United States Patent and Trademark Office’s SCOTUS appeal of the Federal Circuit’s decision in the FUCT clothing brand case was recently argued, and it was every bit as spectacular as you might expect (George Carlin’s “dirty words” even came up). The central issue in the case involved whether the statute prohibiting offensive terms from being trademarked was invalid on its face. The Federal Circuit Court of Appeals ruled, back in 2017, that the statute, section 2(a) is unconstitutional as an impermissible First Amendment restriction....

The U.S. Supreme Court stayed orders in two gerrymandering cases from Michigan and Ohio, apparently to give the court time to decide similar pending cases. In cases from North Carolina and Maryland, the Supreme Court is pondering various issues, including whether federal judges have the power to intervene when state lawmakers create voting districts that favor one party over another. Rulings are expected in those cases by the end of June....

In a petition for review by the claimant of a compensation award under the Longshore and Harbor Workers’ Compensation Act, the petition is denied where a day should be included as a “day [ ] . . . so employed” under 33 U.S.C. section 910(a) if the employee was paid for that day as if he actually worked it. Read Trachsel v. Rogers Terminal & Shipping Corp., No. 08-74397 Appellate Information...

Sentence and conviction for being a felon in possession of a firearm and ammunition is affirmed where: 1) the district court’s admission of defendant’s home invasion and shooting evidence was proper as they were integral in establishing defendant’s possession of the firearm; 2) the district court was correct in determining that the evidence did not support defendant’s theory of defense instruction; 3) district court’s sentencing was proper under the sentencing guidelines....

Defendant’s child pornography conviction and sentence are affirmed where: 1) the evidence was sufficient to allow the District Court to find that the photographs at issue depicted sexually explicit conduct; and 2) Defendant’s conviction complied with the Double Jeopardy Clause because 18 U.S.C. sections 2251(a) and (b) constitute separate offenses. Read the full decision in US v. Overton, No. 08-30075. Appellate Information: Appeal from the United States District Court for the District of Montana....

Virtual Private Networks (VPNs) are used for a variety of reasons these days, from accessing different country’s streaming services to downloading, well, “dubious” files. But they were initially created to allow employees of a business to access the company network from home or from the road. Instead of having essential files saved to their device, where they’re quite vulnerable, they are kept in a central location with better security. How Do VPNs Work?...

Most of us are used to the TSA screening process at airports by now. Although first-time travelers may not be used to air travel restrictions and security screenings. Here is a summary of the typical process: Have your boarding pass and identification inspected by a TSA agentDon’t carry liquids over 3.4 ounces in your carry-on bagsRemove laptops from your carry-on luggageTake off your shoesPut your carry-on bag through the metal detectorGo through that X-ray machine or body scanner, or get a pat down from TSA officers And, every now and then, we get pulled aside for some extra special attention....

Over the past few months, student protests have spread throughout college campuses, demanding racial justice and greater support for diversity in academia. The protests at the University of Missouri are the most notable, but student activism has spread to over 60 campuses, including the Ivy League alma matters of the Supreme Court justices, where the protests have met with both support and derision. Will student activism impact the justices as they get ready to hear Fisher v....

It’s been more than a decade. Two trips to the Tenth Circuit. And they still haven’t sorted out the tab for a $1,791 verdict in a First Amendment dispute. Years ago, possibly irked over a filed business deal with the county, Michael Zinna launched JeffcoExposed.com and ColoradoExposed.com, two citizen journalist muckraking sites dedicated to shining light on local corruption. And while many citizen journalists peddle in rambling nonsense, others actually prove to be more than a keyboard and an unfilled psychiatric prescription....

Kerchner v. Obama, No. 09-4209, concerned a challenge to the district court’s dismissal of plaintiffs’ suit challenging the legitimacy of President Obama’s citizenship. In affirming, the court held that the plaintiffs lack standing as they fail to establish “injury in fact.” Furthermore, because the finding of other district courts that plaintiffs who filed complaints based on similar legal theories violated Federal Rule of Civil Procedure 11 should have served as a meaningful notice that this appeal would be frivolous, the plaintiffs’ counsel is ordered to show cause why he should not pay just damages and costs for having filed a frivolous appeal....

US v. Lupton, 09-2710, concerned a challenge to a conviction of defendant for corrupt solicitation, wire fraud, and making false statements to government officials for seeking kickbacks in connection with a sale and leaseback of a government owned building. In affirming, the court held that the district court did not abuse its discretion in excluding expert testimony. Also, a rational factfinder could readily conclude that defendant had authority to act on behalf of the state and was thus an “agent” as defined in 18 U....

US v. Tristan-Madrigal, No. 09-1003, involved a challenge to the district court’s imposition of a thirty-six month, above guidelines, sentence in a conviction for unauthorized entry from Mexico for the fourth time. In rejecting defendant’s claim that the sentence is substantively unreasonable, the court held that the consideration of defendant’s past drunk-driving convictions and unauthorized reentries was proper as they were directly related and the district court did not abuse its discretion by relying on defendant’s need for rehabilitation....

Employer’s counterclaim against riverboat pilot for damages forbidden under the Jones Act Deering v. Nat’l Maint. & Repair, Inc., 10-1716, concerned a plaintiff’s suit under the Jones Act against his employer for injuries sustained in an accident aboard a towboat. In affirming the district court’s dismissal of the employer’s counterclaim against plaintiff for damages caused to the boat, the court held that the combining of a property-damage counterclaim with a limitation of liability in order to wipe out a substantial personal injury claim under the Jones Act is a liability-exempting device forbidden by the Act....

As any diabetic person can tell you, going too long without insulin isn’t just a minor inconvenience. It can lead to a process called diabetic ketoacidosis, where the body starts breaking down fat too quickly, and the liver processes the fat into a fuel called ketones, which causes the person’s blood to become acidic. Ketoacidosis, in turn, can cause dehydration, confusion, coma, and, if left unchecked, even death. People with diabetes know this, but apparently, sometimes their jailers do not....

In 2012, Los Angeles voters passed an initiative requiring adult film performers to wear condoms while filming. This, predictably, drew the ire of porn studios, producers, and stars, all of whom had adhered to a biweekly STD testing protocol to address concerns about the health risks of unprotected sex. The artists’ and studios’ main argument was a creative one: a First Amendment free speech right to have condom-free sex on camera....

Xing Zheng, a native of Fuzhou City in the Fujian Province of China, arrived in the U.S. in 1991 and filed an asylum application in 1992. The application was denied. In 1998, the Immigration and Naturalization Service charged him with removal. Zheng has managed to remain in the U.S. for more than two decades while asserting various grounds for asylum, all of which were rejected. His most recent motion to reopen, filed in 2011, focused on the argument that he would be persecuted in China for his Christian beliefs....

In April, the Second Circuit ordered the disclosure of a redacted Department of Justice Office of Legal Counsel (“OLC”) memo that essentially laid out the legal analysis that authorized the killing of U.S. citizens abroad by drone strike. Last week, the Government submitted a motion seeking leave to file an ex parte and in camera motion for rehearing en banc of the court’s April decision. The next day, the Second Circuit issued its ruling....

So, how difficult is it to have a legitimate medical reason to not wear a face mask? Answer: Difficult. Most states now have mandatory face-covering orders in place to help reduce the spread of the coronavirus, and most (if not all) of these orders include language about medical exemptions. Here, for instance, is how Minnesota defines those who might qualify for an exemption: “Individuals with a medical condition, mental health condition, or disability that makes it unreasonable for the individual to maintain a face covering....

Bankruptcy court order denying the petitioner’s former wife’s proof of claim for slander of title is affirmed where: 1) petitioner did not commit slander of title by improperly filing a lis pendens notice as even assuming the notice of lis pendens was filed in error, petitioner acted in good faith and there was no showing of malice on his part; and 2) the bankruptcy court properly granted petitioner’s motion for turnover as his former wife failed to establish that the bankruptcy court had any obligation to ensure her ability to pay the judgment before granting the turnover motion....

The tsunami of same-sex marriage cases sweeping the country is seeing a new trend: consolidation of cases on appeal. The same-sex marriage cases working their way through the Seventh Circuit, challenging Indiana and Wisconsin laws, are no different. Last week, the Seventh Circuit denied motions for en banc review, and later changed the hearing date from August 13 to August 26, reports The Associated Press. As we near the oral arguments date, let’s take a closer look at the cases the Seventh Circuit will be reviewing....