In an action by an Indian tribe seeking a declaration that the Secretary of the Interior’s implementation of the 1954 Ute Partition and Termination Act did not provide for an equitable and practicable division and distribution of water rights between “mixed-blood” and “full-blood” members of the tribe, dismissal of the action is affirmed where plaintiff could not rely on the continuing wrong doctrine to save its action from being untimely....
The economic pain caused by the coronavirus continues with no end in sight. Millions are out of work and struggling to make ends meet. But another group of workers is also falling through the cracks: Those who are still working but not being paid what they are owed. A new report shows that the problem of wage theft is likely dramatically increasing during the pandemic, and the majority of the victims are those who can least afford it....
With President Donald Trump infected with COVID-19, many concerned citizens are wondering if Vice President Mike Pence will need to take power — even temporarily — if Trump is unable to continue carrying out his duties. The Presidential Succession Act of 1947 established the current order of succession, but who’s in it, anyway? On Deck: Vice President Mike Pence Pence, 61, is a Republican and is first in the line of succession....
As President Trump’s travel ban rockets to the Supreme Court, the administration’s Justice Department remains noticeably understaffed – at least when it comes to the solicitor general. Responsible for arguing on behalf of the federal government in the Supreme Court, the solicitor general’s seat remains unfilled. The most likely nominee, Charles J. Cooper, withdrew his name from consideration on Thursday, saying he was no longer interested in the nomination process “after witnessing the treatment of my friend Jeff Sessions....
A criminal defendant is entitled to a polling of the jury after a verdict has been reached and announced. But one slip of how the polling is done could basically necessitate a whole new trial. And this is exactly what happened in a Wisconsin federal district court. The case below discusses interesting aspects of the Fifth Amendment’s “overly coercive” doctrine. Trial and Mis-Polling A criminal defendant was convicted by a Milwaukee jury and the defense counsel exercised the defendant’s right to a polling of the jurors....
I’ve only recently added the Ninth Circuit to my roster of circuits that I cover, and it’s already become one of my favorites. Is it the interesting issues that arise in the Ninth Circuit with its vast geographic scope? Nope. Is it the drama in the circuit as it fights to keep the title “most reversed circuit”? Nah. It’s the website. Really. Other Circuit Court Websites If you don’t practice in another circuit, there’s probably little reason for you to have seen the mess that other circuits call official websites (I’m looking at you Seventh Circuit)....
District court order barring plaintiff’s petition for attorney’s fees for defendant’s attempted removal is reversed where removal was foreclosed by clearly established law at the time defendant filed his notice in federal court, and thus defendant lacked an objectively reasonable basis for seeking removal and the court can award attorney’s fees under 28 U.S.C. sec. 1447(c). Read Wolf v. Ford Kennelly, No. 08-2203 Appellate InformationAppeal from the United States District Court for the Northern District of Illinois, Eastern Division....
District court’s dismissal of plaintiffs’ preenforcement challenge to a state criminal statute for lack of standing is affirmed where: 1) plaintiffs failed to meet their Article III burden of proving that their First Amendment rights were chilled based on a subjective and sincere belief that under the statute they would be criminally charged for making truthful claims of police misconduct; and 2) the court did not abuse its discretion in dismissing the claim of the one plaintiff with standing based on the Younger doctrine....
The Third Circuit got the final word in a case that has sparked national attention on the issue of students’ rights of free speech, when the Supreme Court denied a school district’s petition for cert. on Monday. Also, in a case that may affect future elections, the Third Circuit heard arguments regarding the constitutionality of Pennsylvania ballot access laws. “I Heart Boobies” Case Denied Cert A group of students sued their school district after they were banned from wearing “I Heart Boobies” bracelets meant to promote breast cancer awareness....
Everyone knows the popular Christmas song, “Santa Clause is Comin’ to Town.” What’s not so widely known is the story of the song’s ownership. Currently, it’s owned by Sony … but not for much longer. On Thursday, the Second Circuit ruled that the rights to the song will end in December of 2016 and will pass down to the descendants of John Frederick Coots, the original author. Confusion behind the case begins in 1934, when Coots and his co-author Haven Gillespie sold the tune to one Leo Feist of EMI Feist (owned by Sony)....
It’s a rare event, indeed, when a federal circuit court actually grants a petition for a writ of habeas corpus. The federal habeas corpus standard is fairly unforgiving, granting great deference to lower courts and construing ambiguities in the law against the petitioner. Owens v. Duncan, however, is a pretty clear-cut case of a defendant who was afforded very little of the process he was due. Judge Richard Posner showed little patience for a case based on “the combination of weak proof with a verdict based on groundless conjecture....
Brownfield v. City of Yakima, No. 09-35628, involved an action under the Americans with Disabilities Act (ADA) and the Family and Medical Leave Act (FMLA) based on the placement of plaintiff-police officer on administrative leave. The court of appeals affirmed summary judgment for defendant, on the ground that employer-city did not violate plaintiff’s rights under the ADA by requiring a fitness for duty exam after he repeatedly exhibited emotionally volatile behavior while serving as a police officer, his complaints regarding a coworker with whom he shared duties did not address matters of public concern, and his FMLA claim lacked merit....
This is a case about Benihana, burgers, and contracts. Benihana was founded in 1963 by Rocky Aoki, who would have been a serious contender for the title “Most Interesting Man in the World.” Unfortunately, the case doesn’t really involve the considerable family drama surrounding the company after Aoki’s death in 2008, which pitted Aoki’s six children against his third (much younger) wife, who also happened to be the CEO of Benihana of Tokyo at the time....
Efforts to ban books in school libraries are nothing new. But recently, the drive to remove certain books from school library shelves is gaining unusual momentum in several parts of the country. What began as a debate last year over the teaching of “critical race theory” expanded to include a broader examination of school curricula and the library books available to students. In Texas, Republican state Rep. Matt Krause asked state school districts to report whether they have any of 850 books that he compiled on a list, including the number of copies, where they are located, and how much the school district paid for them....
Most private employers aren’t legally required to offer benefits like health insurance to their workers. Instead, it’s seen as standard practice if you want to attract the best employees. But once an employer does offer those benefits, federal law kicks in regarding employee rights under health insurance plans. One of those laws, the Employee Retirement Income Security Act (ERISA), requires employers to give covered employees notice of all benefits of coverage at their initial enrollment....
In US v. Nguyen, No. 08-3791, the Eighth Circuit affirmed defendants’ drug conspiracy convictions and sentences, holding that 1) defendants’ plea agreement only permitted him to appeal an “unconstitutionally defective sentence,” and defendant did not appeal on those grounds; 2) the government presented sufficient evidence to show that defendant knowingly participated in a marijuana conspiracy; and 3) the district court erred when it instructed the jury that conspiracy may constitute a predicate offense for a continuing criminal enterprise (CCE)....
The Sixth Circuit Court of Appeals affirmed the death sentence of a Michigan man, who was convicted of killing a woman in a national forest in 1997. The body of the Michigan woman was found chained to cinder blocks in a lake in the Manistee National Forest in Newago County. Michigan does not have the death penalty, but since the murder occurred on federal property, the death penalty applied in this case....
Conkright v. Frommert, No. 08-810, involved an ERISA action based on a plan administrator’s interpretation of the benefits plan at issue to call for an approach known as the “phantom account” method. The Supreme Court reversed the Second Circuit’s order affirming the district court’s order declining to apply a deferential standard to the administrator’s interpretation, on the ground that the district court should have applied a deferential standard of review to the administrator’s interpretation of the plan on remand, despite the administrator’s earlier mistaken interpretation....
Criminal defense attorneys: When you file a motion to suppress evidence from a warrantless entry, is it just a necessary step in zealous representation? How often do you win? How many times have your motions been rejected based on exigent circumstances? We feel like the motion to suppress rigmarole must be frustrating, especially in light of the Supreme Court’s Kentucky v. King opinion earlier this year. After King, it seems like Keith Hendrix, today’s Tenth Circuit Court of Appeals appellant, never had a chance....
By most accounts, humans are quite tasty. “Like fully developed veal.” — William Seabrook, author and journalist who spent time with a cannibal tribe in West Africa in the 1920s. “Like pork. It tastes quite good.” — Armin Meiwes, a German who ate large portions of a man who agreed to be killed and devoured in 2002. “So sweet!” — Egyptian-born fashion model Omaima Nelson, describing the cooked ribs of the abusive husband whom she’d killed in 1991....
