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Despite a U.S. Supreme Court ruling on warrantless GPS tracking, an Eighth Circuit feeder court has ruled that evidence gathered by DEA agents from warrantless GPS tracking can be admitted in court, under the “good faith” exception. Earlier this year, the U.S. Supreme Court ruled that the warrantless attachment of a GPS tracking device on a suspect’s car constituted an unreasonable search. Now, U.S. District Court Judge Mark Bennett has ruled that such evidence can be submitted in court in the case against alleged drug trafficker Angel Amaya, since the DEA agents were acting in good faith at the time the evidence was gathered....

This post was updated on March 30, 2022 As we have said many times before, it’s never too early to write a will. While it may strike you as morbid or impractical, the sooner you can have an estate plan in place, the better. Writing a will while you’re young can give you a better understanding of your assets, provide a framework that you can refine and revise as the years go by, and remove any worries that you weren’t in your right mind when you bequeathed your entire fortune to your dog....

In an action alleging deceptive representations in defendant’s brochures, which promoted certain annuities as appropriate for seniors, a denial of class certification is reversed where the Hawaii Deceptive Practices Act did not require individual showings of reliance on the alleged misrepresentations. Read Yokoyama v. Midland Nat’l Life Ins. Co., No. 07-16825 Appellate Information Argued and Submitted November 20, 2008 Filed February 8, 2010 Judges Opinion by Judge Schroeder Counsel For Appellant:...

The Tenth Circuit has upheld a hate crime conviction of a Fruitland man, William Hatch, 31. Hatch and two other co-defendants were the first people in this country to be charged with violating the Matthew Shepard and James Byrd, Jr., Hate Crimes Prevention Act of 2009. The three men were charged with a number of crimes, including kidnapping and aggravated battery. But, on top of that, the federal government also charged them with violating the Hate Crimes Act, which makes racially motivated attacks unlawful....

The Sixth Circuit was always the outlier when it came to same-sex marriage. Over the past two years, the Fourth, Seventh, Ninth, and Tenth Circuits have all found a constructional right to same-sex marriage. Meanwhile the Sixth went it alone, rejecting the plaintiffs’ claim that refusing to allow them to marry violated their equal protection and due process rights. That ruling was overturned today, as the Supreme Court announced this morning that same-sex couples have a constitutional right to marriage....

We jokingly handicapped the race a few weeks ago, but man, it’s like these states really are racing to be the first in line on the first day of proceedings at First Street. As predicted, the first state to get an appeals court judgment against its ban, Utah, has filed its petition for certiorari. It was quickly joined by its fellow Tenth Circuit-er, Oklahoma, and by Virginia, which recently had its ban wiped out by the Fourth Circuit....

It’s been a busy couple of days in the Ninth Circuit, especially for hot button issues that are currently on appeal, like Arizona’s latest anti-abortion law and another ballot access battle related to petition circulators. The Ninth Circuit just extended the stay in the Arizona case, putting a hold on the state’s restriction on medical (drug-based) abortions, while it set an argument date for another ballot access case, this time addressing an issue of standing to challenge Alaska’s ban on out-of-state circulators....

Will the Supreme Court consider whether a California teacher can display an “In God We Trust” banner in his classroom? This week, Thomas More Law Center in Ann Arbor, Mich. announced that it is asking the Supreme Court to weigh in on the banner case. In September, we told you about the Ninth Circuit Court of Appeals decision in which the court ruled that the Poway Unified School District did not violate math teach Bradley Johnson’s free speech rights when it him to remove two, seven-foot “patriotic” banners from his classroom....

In a case raising 42 U.S.C. section 1983 and state law claims, district court’s dismissal for failure to state a claim is affirmed where: 1) section 1983 conspiracy claims and state-law civil conspiracy and intentional infliction of emotional distress claims were time-barred; 2) a state-law malicious prosecution claim was barred by sovereign immunity; and 3) plaintiff failed to adequately plead a section 1983 due process claim. Read Brooks v. Ross, No....

Oral argument during the Supreme Court’s second case on December 2 drew far less attention than the first, which is fair enough considering the first was the biggest Second Amendment case in a decade. And the second was . . . well, kind of for legal nerds. But it was nonetheless interesting and may have significant ramifications for the availability of official state codes - and annotations for those codes. Before the court was the question of whether Georgia, working with LexisNexis, could copyright the Official Code of Georgia Annotated....

Across the country, state and local officials have found their powers tested by those pushing back against their emergency COVID-19 orders and actions. Because this pandemic happens to fall during an election year, many are wondering whether orders to wear masks will apply to polling places, and if this mandate is nationally enforceable. Who is in the right legally, and will voters nationwide be required to wear masks at the polls?...

The Seventh Circuit decided two criminal cases and one civil case involving a claim under the Federal Employer’s Liability Act (FELA). In McBride v. CSX Transp. Inc., No. 08-3557, the court faced a challenge to a judgment in favor of plaintiff in his FELA suit against his employer for injuries he sustained while performing certain work duties. At issue was the proper standard for causation under the FELA and whether section 1 of the FELA abrogates the common-law rule of proximate cause....

US v. Tapia, No. 09-1426, concerned a challenge to a conviction of defendant for being a felon in possession of a firearm and district court’s imposition of a 120 months’ enhanced sentence based on its determination that the defendant had used the firearm in connection with another felony. In affirming both the conviction and the sentence, the court held that the manner in which the firearm was discovered was constitutional because the police had ample evidence reasonably to believe that armed gang members may have been in the house....

The Seventh Circuit reviewed an Administrative Law Judge’s denial of an applicant’s request for Supplemental Security Income (“SSI”) due to physical and mental impairments. On appeal, the Seventh Circuit reversed and remanded on the issue of the determination and effect of her mental impairments. Background Carol Bates was in a car accident in 2004, and from that time she suffered from radiating neck pain. In the years after the accident, she had to care for her six adopted children alone, while withstanding the losses of her fiancé and mother....

In an action by the EEOC claiming that defendant terminated an employee in retaliation for engaging in protected activity, judgment for plaintiff is affirmed where: 1) there was sufficient evidence for a reasonable jury to conclude that plaintiff complained of discrimination based on his religion; and 2) the jury could reasonably conclude that the employee had the option of returning to his original sales position at defendant company. Read EEOC v....

The Ninth Circuit Court of Appeals ruled last Thursday that the Electronic Frontier Foundation (EFF) can pursue a Fourth Amendment claim against the federal government for collaborating with telecommunications companies in a warrantless wiretapping program. Retired-District Judge Vaughn Walker originally dismissed EFF’s claim as a “general grievance,” rather than an actionable claim, several years ago, reports Wired. Last week, a unanimous three-judge panel reinstated and remanded the case, finding that the claims “are not abstract, generalized grievances, and instead meet the constitutional standing requirement of concrete injury … The claims do not raise a political question, nor are they inappropriate for judicial resolution....

Here at FindLaw, we understand the pressures of being a legal professional - most of us are recovering lawyers - so we want to help by tossing you that preferred life preserver of the legal profession, the short list. Today’s offering: five things to know about living like a Supreme Court Justice. August is the glorious month when temperatures soar, the French take vacation, and Supreme Court justices descend from their Beaux-Arts marble palace to walk among mere mortals....

In an employment discrimination action brought under the Americans with Disabilities Act and the Rehabilitation act, district court judgment granting the defendants’ motion to dismiss the plaintiff’s pro se amended complaint is affirmed where: 1) the district court erred in concluding that claims under Title II of the ADA and the Rehabilitation Act cannot be asserted against individuals in their official capacity; 2) plaintiff’s amended complaint fails to state reasonable accommodation claims upon which relief can be granted, as both of his claims are legally insufficient; and 3) plaintiff’s due process rights were not violated, as he was given notice and an opportunity to be heard before his petition for reinstatement was denied, and a New York Civil Practice Law and Rules Article 78 post-deprivation hearing....

Most court proceedings are considered public matters, even when they deal with sensitive issues like divorce. That’s why in the vast majority of jurisdictions, divorce records are open to the public. Of course, sensitive information like Social Security and bank account numbers are typically redacted or placed in a confidential part of the file that is not publicly accessible. But for the most part, all other divorce filings are public record....

The images of a mob of insurrectionists breaking into the United States Capitol building on January 6 are the type that won’t be forgotten any time soon. But what about the words, including those from the president himself, that came before the riot? In the U.S., we enjoy broader freedom of speech than many, but where do we draw the line? Historically, the Supreme Court has dealt with restrictions on speech very carefully....