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When does a prison need to accommodate the right to practice religion in prison? Where do courts draw the line? The Eighth Circuit addressed this question in a decision involving dietary requests and the doctrine of qualified immunity. According to a March 19 opinion of the Eighth Circuit Court of Appeals, the prisoner’s First Amendment free exercise rights were not violated. As such, the Eighth Circuit affirmed the decision of the district court, where the district court entered a summary judgment on the prisoner’s pleas for compensatory damages....

Burt Lancaster has twice been convicted of murdering his girlfriend in 1993. The former police officer, with a history of severe mental problems, argued both insanity and diminished capacity at his trial in 1994. He later obtained federal habeas relief from that conviction, after successfully arguing a Batson claim. He fared no better in his 2005 retrial, when he tried to argue diminished capacity in a bench trial. The court refused to allow him to assert the defense, citing the Michigan Supreme Court’s decision in People v....

In an action against Hotels.com and various other online travel companies claiming that they are violating local tax ordinances by failing to pay a transient room tax, grant of defendants’ motion to dismiss is affirmed where: 1) the district court properly applied the principle of ejusdem generis to the ordinances in question in determining that the online travel companies were not “like or similar accommodations businesses” as those listed in the ordinance as they have neither ownership, nor physical control, of the rooms they offer for rent; 2) district court properly concluded that it had committed a clear error of law when it failed to exempt the online travel companies from the transient room tax the first time around; and 3) plaintiffs’ argument that the district court erred by making a factual finding that the online travel companies do not exercise physical control over the rooms they rent is rejected as there is no factual dispute to be resolved in the counties’ favor....

In an action seeking a declaration that the Attorney General’s investigation of plaintiff regarding alleged campaign finance violations was politically motivated and therefore unlawful, dismissal of the complaint is affirmed where the Attorney General need not obtain the permission of the Federal Elections Commission (FEC) before investigating or prosecuting possible violations of federal election laws. Read Marcus v. Holder, No. 08-15643 Appellate Information Submitted July 16, 2009 Filed July 30, 2009...

A split Ninth Circuit panel upheld a $9.5 million privacy class action settlement with Facebook on Thursday. The settlement gives no money to Facebook users, $2.36 million to the plaintiffs’ lawyers, and $6 million to a newly established charity promoting online privacy, reports Thomson Reuters News & Insight. The question in this appeal was whether the district court abused its discretion in approving the $9.5 million settlement agreement as “fair, reasonable, and adequate,” either because a Facebook employee sits on the board of the organization distributing cy pres funds or because the settlement amount was too low....

The Eighth Circuit Court of Appeals reminds us this week that a Chapter 13 plan can’t give special treatment to unsecured, non-priority tax claims. In 2011, the Debtors filed a petition for relief under Chapter 13 of the Bankruptcy Code. Taxing authorities held unsecured non-priority claims in the Debtors’ bankruptcy case. Because of the age of the tax debt and the tardy filing of tax returns for pre-petition years, the tax debt was non-priority debt and a substantial portion of it is non-dischargeable....

In addition to paying for their crimes figuratively by going to prison, defendants also have to pay literally in the form of restitution, fines, and fees. In Pennsylvania, prisoners have inmate accounts that they use for purchasing such things as soap, toothpaste, and over-the-counter medications. A Pennsylvania law allows the state to deduct a prisoner’s fines and fees from this inmate account – although sometimes inmates aren’t told this can happen....

The U.S. Supreme Court shot down gun advocates, refusing to hear challenges to California gun laws. California is one of nine states, plus the District of Columbia, that impose waiting periods on gun purchases. The laws give time for “cooling off " and background checks. The Supreme Court left the California law alone. In the wake of mass shootings across the country, it’s a welcome change in a cold winter for some....

The truth is, the Supreme Court almost never stops an execution. There are 25 capital cases scheduled for judicial conference in September, including Warren Lee Hill, according to CertPool. Of course, Hill may not make it to September, barring a successful challenge to Georgia’s lethal injection drug practices, as his execution is scheduled for Friday. Should Hill lose that challenge, that leaves him with one hope for survival: the Supreme Court....

In an ideal world, you wouldn’t have to focus on anything other than your studies and networking during law school. This being real life, unexpected events may lead to financial difficulty. The death of a parent or spouse supporting you financially can be more than just heartbreaking, it can also call into question your ability to remain in law school. Or you may be scrambling to meet basic needs when your car breaks down, leaving you unable to get to class....

District court’s denial of defendant’s motion for a sentence reduction is reversed and remanded as the facts set forth in a PSR do not mandate a finding that defendant possessed or distributed at least 4.5 kg of crack, and as such, the district court committed legal error which was not harmless, because the district court could have granted defendant a sentence reduction by finding that the government never proved that he was responsible for a quantity of crack greater than 4....

Conviction for producing visual depictions of child pornography is affirmed where: 1) the district court did not err in denying defendant’s motion to suppress evidence seized during the search of his home as the co-occupant of the house who had unlimited and joint access to the computer and related equipment where child pornography was found had common authority to consent to a search, and even if she lacked such authority the police acted reasonably in believing she had the authority to consent; 2) the court did not err in denying his motion to dismiss the indictment as the court had jurisdiction over the matter since all of the photographic and computer equipment used in the offense was manufactured outside of the state....

This month, in the case of Gilster v. Primebank, the Eighth Circuit upheld the long-standing rule that lawyers cannot vouch for their clients. The Facts This was a sexual harassment case. Plaintiff claimed that Joseph Strub, her supervisor at Primebank in Sioux City, Iowa, made comments about her legs, placed his arm on her shoulders, told her that they should hook up, pressed his pelvis against her backside, massaged her shoulders, and told her to bend over and show more bra to bring in more customers....

A deadly crowd surge at rapper Travis Scott’s sold-out Astroworld festival in Houston killed eight people and injured dozens earlier this month. It wasn’t long after that accusations of lax safety and security began to fly. Families of the victims have already sued Scott, and he and others are the subject of a police investigation. While the legal system is already kicking into gear, any lawsuits and investigations will likely take a while to resolve....

The Second Circuit just handed Bank of America a huge win when it reversed the trial court’s order for the mortgage lender to pay up to the tune of $1.27 billion. This penalty was initially ordered for alleged violations by its Countryside unit when the mortgage-crisis reached a fever pitch. The case became known as the “Hustle” case because of its focus on the banking industry tactic of continuing to issue bad loans despite their quality....

School’s out soon, which means kids will be on their way to summer camps in the coming weeks. Most of us have fond memories of camp, and they can provide an educational summer adventure for your kids. But that adventure doesn’t always come without risk, and maybe even the odd injury. There are things that parents can do, however, to make camp as safe as possible for their children. Here are three things you can do before your kids go off to camp this summer....

This post was updated on March 25, 2022 Your “last will and testament” can include complicated instructions for what happens to your property after you die. But some language in your will — while legal in appearance — may not be legally enforceable. Rules and practicalities may render parts of your carefully crafted will a waste of time and effort. Here are some items experts say you should not include in your will:...

Braxton v. Zavaras, No. 10-1053, involved an action by Colorado prisoners proceeding pro se, alleging that defendants violated their civil rights during a public strip search at a correctional facility. The court of appeals affirmed the dismissal of the action as untimely, holding that 1) the Colorado Supreme Court had not held that the statute of limitations was automatically tolled whenever a person is involved in any administrative review process; and 2) plaintiffs did not diligently pursue their claims following the exhaustion of their administrative remedies....

Target sells Automatic External Defibrillators (AEDs) on its website for approximately $1,200. An untrained person can use this type of AED; the devices provide oral instructions and are “designed not to allow a user to administer a shock until after the device has analyzed a victim’s heart rhythm and determined that an electric shock is required.” Target sells AEDs. It doesn’t have a policy of keeping AEDs in its stores in case of emergencies....

Every practicing attorney will eventually have a fee dispute with a client. Call it the Murphy’s Law of client relations. When such a dispute arises, how should one respond? Do you: (a) Make reasonable attempts to obtain payment from the client? (b) File an allegedly frivolous attorney’s lien for more twice what you say that you are owed? or (c) Set fire to the client’s car and tell his children that they are dressed funny?...