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The federal district court in San Francisco recently rejected the City of San Francisco and City of Oakland’s lawsuit against several major oil companies. The cities vow that the case is not over, signaling a likely Ninth Circuit appeal. The case claims that the oil companies produce and sell the oil with full knowledge that it is harming the environment, causing climate change and rising sea levels. The cities sought to hold the companies liable for the future damages that climate change is expected to bring about, particularly if nothing is done to change course....

It ain’t easy being a trial judge. Litigants of all shapes, sizes, and abilities appear before you, and for some with special needs, they are entitled to reasonable accommodation. Most of the time, that accommodation is simple, such as having an interpreter in the room. Of course, it’s never that easy. The complainant also alleges that the denial of accommodation was retaliatory due to a prior request for recusal. He also alleged that the dismissal of his civil suit was done in order to obstruct this misconduct complaint....

Gunderson v. US Dept. of Labor, No. 08-9537, concerned a petition for review of the Office of Workers’ Compensation Programs’ decision that petitioner was not entitled to benefits under the Black Lung Benefits Act. The court of appeals granted the petition, holding that the Administrative Law Judge failed to provide a sufficient scientific explanation of his decision denying benefits. As the court wrote: “During his thirty-year employment as a coal miner and foreman, the petitioner, Terry Gunderson, was exposed to coal dust and developed chronic obstructive pulmonary disease....

Theodore McDowell, known colloquially as “Cush” by his loved ones, was recently convicted of one count of conspiracy to possess with intent to distribute more than 1,000 kilograms of marijuana. Though both Mr. Cush and at least six of his coconspirators all reached the Tenth Circuit, and had opinions released on the same day, he was the only one to receive the distinctive honor of a published opinion — thanks in large part to his curtilage complaint....

Under the Hyde Amendment, a district court in a criminal case “may award to a prevailing party, other than the United States, a reasonable attorney’s fee and other litigation expenses, where the court finds that the position of the United States was vexatious, frivolous, or in bad faith, unless the court finds that special circumstances make such an award unjust.” Louis Manzo thinks he deserves a Hyde Amendment payout. The Third Circuit Court of Appeals disagrees....

When is it too late to take back a federal court settlement? Can you unwind it when you realize you made a mistake about the terms? What about when the terms are not equitable? Don’t the Federal Rules of Civil Procedure provide for “any other reason that justifies relief?” In Cummings v. Greater Cleveland Regional Transit Authority, it turned out to be more than a day late late and a dollar short for a former public employee....

Is there any doubt that the U.S. Supreme Court will take up Obamacare subsidies in its upcoming term? It’d be a heck of a surprise if they passed, considering the circuit split and rhe certiorari petition sitting on their desk. The Fourth Circuit case, King v. Burwell, just reached the docket. The D.C. Circuit case, according to SCOTUSblog, could be headed for en banc review after the Obama administration appealed....

The Ninth Circuit Court of Appeals ruled this morning in Perry v. Brown that California Prop 8 is unconstitutional, but that doesn’t mean that wedding bells will start pealing for the state’s gay couples. The court’s repeal of the same-sex marriage ban is on hold pending further review from an en banc Ninth Circuit or the U.S. Supreme Court, reports The San Francisco Chronicle. Unlike now-retired District Judge Vaughn Walker’s ruling in the case, the Ninth Circuit panel did not find that same-sex couples had a constitutional right to marry....

Identifying a right to be free from retaliatory restriction on speech, a federal appeals court ruled that a township official was nonetheless immune from liability when he told local residents not to contact him or other town leaders about a property dispute. The Third Circuit ruled last week that the official had violated a Pennsylvania couple’s rights with his “no contact” email, but that the right was not clearly established in the law at the time....

Over the last few years, it seems that police misconduct has increased, particularly when it comes to the use of force against undeserving citizens. It could be that the problem has always existed, but with more technology, it has simply been documented and disseminated to the public more often and more completely. Whether it has increased or stayed the same as previous years, any misconduct by the police is concerning....

Two weeks ago, the SEC filed a civil action against SAC Capital Advisors LP (SAC) founder Steven Cohen. A week later, the U.S. Attorney for the Southern District of New York, Preet Bharara, indicted SAC on five counts of criminal charges for wire fraud and securities fraud, stemming from alleged insider trading. The indictment describes SAC’s actions in no uncertain terms: “Unlawful conduct by individual employees and an institutional indifference to that unlawful conduct resulted in insider trading that was substantial, pervasive and on a scale without known precedent in the hedge fund history....

This is the weirdest application of the Americans with Disabilities Act I’ve ever seen. And with the Ninth Circuit’s reputation, and the Supreme Court’s decision to grant certiorari earlier this week, it may not be long for this world. Long story short: they shot her multiple times after a struggle and she somehow survived. After criminal charges against her were dismissed (thanks to a deadlocked jury and a partial acquittal), she sued the City of San Francisco....

The message from the SCOTUS to the POTUS was direct and clear in the short rejection issued Monday morning: No shortcuts. The administration, not pleased by the federal district court injunction, had attempted to bypass the Ninth Circuit Court of Appeals by appealing directly to the High Court. However, SCOTUS did not find the appeal to be worth taking up before the Ninth Circuit had a chance to render a decision....

The gun case of Friedman v. City of Highland Park is apparently stuck in limbo at the Supreme Court. Highland is the country’s current poster-child case symbolizing all that must be answered about guns – until something else comes up. Progressives see the case as an opportunity to draw an arguably wiggly line in the sand against the use of high calibre assault rifles – a view that has steadily gained currency with the American population following the nation’s recent rash of mass shootings....

Most of our knowledge of medical residency programs comes from Grey’s Anatomy, which means we have a skewed view of residency: Everyone has perfect hair, and doctors don’t lose their licenses for tampering with medical trials or cutting a patient’s LVAD wire. But it’s not completely unrealistic. One thing that Grey’s gets right is that medical professionals occasionally tattle on one another, like in a recent Seventh Circuit Court of Appeals hospital whistleblower case under the False Claims Act....

You may have noticed that the unemployment rate is still pretty high. Though it’s down from the October 2009 peak, companies continue to lay off workers. The Sixth Circuit Court of Appeals issued an opinion last week that could ease the financial burden on flailing businesses facing layoffs: Friday, the court ruled that severance pay is not subject to FICA taxes, Thomson Reuters News & Insight reports. Quality Stores, the appellant in the case, was the largest agricultural-specialty retailer in the country serving farmers, hobby gardeners, skilled trade persons, and do-it-yourself customers....

We can all agree that animal abusers should pay a price for their negligence and cruelty. But in determining how much of a penalty they should pay, wouldn’t it be great if we could hear from the actual animal victim? Of course we can’t, but what if someone could stand in for the abused animal and speak for them, much as legal guardians do for children in family court? In Illinois, some lawmakers are contemplating a bill that would do just that....

Victor v. Holder, 09-1982, concerned a Pakistani individual’s petition for review of a denial of his motion to reopen and reconsider the denial of his family’s application for asylum and related relief. In denying the petition, the court held that, although section 1252(a)(2)(B)(ii) does not limit appellate courts’ review of motions to reopen and reconsider to constitutional claims or questions of law, in light of the Supreme Court’s decision in Kucana v....

Kathy Dumont says she bought New England Coffee Company’s “Hazelnut Crème” coffee because she believed it contained real hazelnuts. But, there was just one problem - the coffee contained no hazelnut at all. Outraged, Dumont brought a putative class action against the company, alleging they had violated Massachusetts consumer protection laws. After a rocky start in the First Circuit the case is headed back to the district courts, where a jury will decide whether this coffee’s label is…nuts....

After former ‘Empire’ actor Jussie Smollett went from hate crime victim, to criminal defendant, to free man, the lawsuits started flying. The City of Chicago sued him for the costs of investigating the alleged crime. His alleged co-conspirators sued his attorneys for defamation. And now, just when you thought those lawsuits would fade into the courtroom and off the front page, the chief judge of Cook County’s Criminal Court will hear a request to appoint a special prosecutor to investigate State’s Attorney Kim Foxx’s handling of the entire affair....