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District court’s conviction of a publicly-funded non-profit organization’s president and vice-president for honest services mail and wire fraud, arising from personal use of funds that were to be used for a Navy project, is affirmed in part and reversed in part where: 1) the district court did not err in denying plaintiffs’ motion to dismiss the Ben Franklin Technology Center (BFTC) counts because a superseding indictment made out the necessary elements of honest services fraud; and 2) district court erred in denying the motion to dismiss the Navy counts as there are no allegations in the indictment suggesting the presence of legally cognizable fiduciary duties owed by BFTC to the Navy....

Defendant’s conviction for obstructing an official proceeding, involving defendant’s disclosure of the true identity of an undercover officer to a subject under investigation, is affirmed where: 1) 18 U.S.C. section 1512(c)(2) incorporates the nexus requirement as articulated by the Supreme Court in U.S. v. Aguilar, 515 U.S. 593 (1995); 2) section 1512(c)(2) does not require that a defendant know of the existence of an ongoing official proceeding; and 3) a reasonable jury could conclude that the natural and probable effect of disclosing an undercover officer’s identity was impeding a federal grand jury investigation into a suspect’s methamphetamine distribution and her supply source....

We’ve all been there, strolling Men’s Warehouse, shopping for a tuxedo, when a mannequin suddenly leaps of a display, knocking you to the ground, causing a concussion. But according to Melinda Scalzo’s lawsuit filed in Pennsylvania last week, this wasn’t some random attack. This particular mannequin was overloaded with unwanted tuxedo jackets, and the store failed “to ensure that display mannequins were anchored to a base or other surface such that they could not fall over on top of customers....

A $5 million sanction by any measure is a stiff penalty. But a $5 million discovery sanction is about as stiff as they get. The last time somebody abused a discovery that costly, it was when Rose threw the diamonds into the ocean in Titanic. Mixed metaphors aside, this epic sanction could well sink the defendant in Klipsch Group, Inc. v. ePRO E-Commerce Limited. After all, that was pretty much the point....

The loss of Justice Scalia, and the lack of a replacement, has had obvious impacts on the Supreme Court itself. It’s thrown some outcomes into question and even inspired Justice Thomas to speak up. But now the realigned, eight-justice Court is starting to have a clear effect on litigants. At least one major company is settling its case, rather than take it before a Scalia-free Court, while other petitioners are having their cases delayed until next term....

Stick and stones will break your bones, but racial slurs will cost you. Last month, the Second Circuit Court of Appeals upheld a $200,000 verdict in a racial discrimination lawsuit against a former police officer, who both verbally and physically attacked an African-American driver. (Brief thanks to Wait a Second! for bringing this case to our attention.) Plaintiff Aaron Wong, clearly an observer of hands-free cell phone driving laws, had turned into the residential parking area in Staten Island to complete a cell phone call when defendant James Mangone, a white former police officer, pulled his truck into the parking spot directly in front of Wong’s car....

The FBI’s Domestic Investigations and Operations Guide (DOIG) allows it to use race and ethnic identity to map out “locations of concentrated ethnic minorities” for purposes of investigating and analyzing “potential threats and vulnerabilities” (think anti-terrorism). The ACLU, meanwhile, is concerned that the FBI is engaging in ethnic and racial profiling, and would like to see copies of the data gathered by the FBI, courtesy of the Freedom of Information Act....

Petition for review of the BIA’s denial of two separate motions to reopen removal proceedings by a petitioner, a native and citizen of Ghana, is denied as, even if petitioner’s motions were found to be timely, he would still not be entitled to relief because he has not shown that he missed his hearing due to exceptional circumstances. Read Acquaah v. Holder, No. 08-3836 Appellate Information Argued: December 3, 2009...

In plaintiffs’ suit against a school district on behalf of their daughter who suffers from cognitive and developmental disorders alleging that the district’s failure to provide their daughter with appropriate eduction obstructed her intellectual growth, summary judgment for defendant favor is affirmed for the most part but a portion of its ruling is vacated and remanded where: 1) district court erred in determining that the plaintiffs do not have standing to pursue their Individuals with Disabilities Education Act claim; and 2) plaintiffs did not waive their right to proceed directly under the Rehabilitation Act and the ADA....

Jeffery Walker had had enough with his neighbor’s defecating dog. When the pooch pooped in Walker’s yard, he complained to his neighbor. Still the stinky trespass continued. He complained to the cops, but the feces kept piling up. Then one putrid day, Walker demanded that his neighbor come over and clean up after his canine. But, before the poop could be scooped, Walker ended up cutting off the man’s arm with a machete....

In a case stemming from the Virgin Islands, the Third Circuit had to determine whether a federal court retains concurrent jurisdiction over local claims, even after the federal claims are unproven. Underlying Claims Ronald Gillette is a convicted sex offender, and officials received a tip that he was unregistered, and living in St. Croix. Following up on the tip, officials found that he was indeed an unregistered sex offender, and they found him living with a fifteen-year-old boy, and had engaged in sexual relations with him since the boy was twelve....

Dismissal of defendant’s indemnification action via summary judgment is reversed where: 1) the district court was permitted to, and did effectively, enter adverse summary judgment sua sponte when it denied defendant’s motion for summary judgment; 2) it would be improper at this point to allow defendant to alter its posture as to choice of law when it invited the district court to apply Missouri law; and 3) the court improperly granted summary judgment in favor of third-party defendant on the ground that it did not owe a duty to the plaintiff coextensive and identical to the duty defendant owed to the plaintiff....

Petition for review of several orders and notices issued by the Federal Energy Regulatory Commission during the proceedings to relicense the School Street Hydroelectric Project is denied in part and granted in part where: 1) co-petitioner Adirondack Hydro Development Corporation lacks standing to challenge any of the orders or notices issued in the administrative proceedings, as none of the injuries identified by Adirondack are sufficient to satisfy the injury-in-fact requirement of the standing analysis; and 2) the FERC abused its discretion and acted acted arbitrarily and capriciously when it denied petitioner Green Island’s motion to intervene without first considering whether the settlement offer materially amended the School Street license application....

The National Hurricane Center just released its final report on Hurricane Michael, which devastated Florida’s Gulf Coast last October. Meteorologists found the storm had maximum sustained winds of 160 mph when it made landfall, making it just the fourth Category 5 landfall hurricane in U.S. history. Mexico Beach and other local communities are still rebuilding, and the report has reminded many of the devastating effects of these storms. So, with hurricane season fast approaching, what steps can you take (legal and otherwise) to prepare for natural disasters?...

A former investment manager got a break on nearly $50 million in fines, but still has to disgorge more than $5 million for misappropriating investors’ money. A federal appeals court had upheld orders that Charles Kokesh pay $34.9 million, plus $18 million in interest and a $2.4 million penalty two years ago. It wasn’t enough to recoup $85 million his investment firms lost, but he appealed anyway. Catching the case on the rebound from the U....

Yes, it appears President Trump’s pick for the U.S. Supreme Court is a shoo-in, whoever it is. To be historically clear, a “shoo-in” does not mean what it used to mean. In the 1930s, it denoted the winner of a rigged horse race. In 2018, it means that the Republicans already have the votes to confirm the nominee. The Democrats don’t stand a chance in this horse race. Nomination Confirmation Trump is already on the fast-track with judicial nominations, already surpassing his recent predecessors in numbers of federal appointments....

When voters feel disenfranchised or disappointed with their political choices, they tend to stay home from the polls. Except in Nevada. In Nevada, voters can choose from a field of named candidates, or they can select “none of these candidates.” At least they could until this week. U.S. District Judge Robert Jones ruled that Nevada’s ballot alternative of none of the above was unconstitutional because votes for “none” don’t count in the final tallies that determine winners, reports The Washington Post....

Michael Newdow is at it again. But unfortunately for him, the U.S. Supreme Court is putting the kybosh on his crusade against religion in schools. After the First Circuit Court of Appeals rejected his argument that the words “under God” in the Pledge of Allegiance were an endorsement of religion in schools, Newdow had high hopes that the high court would review. But it is one more down for atheist activist Mike Newdow; the U....

Tyran ran. That was the problem for Tyran Patton, a government informant who lost out on a sentence reduction because he took off in the middle of an investigation. A major drug dealer in the Chicago area, he was supposed to testify before a grand jury but disappeared before returning to face his own charges. Because he had helped authorities bust some street-level offenders, Patton wanted prosecutors to ask the court for a lower sentence....

The parents of a disabled student in Hawaii are entitled to reimbursement from the state for his private school expenses, the Ninth Circuit ruled on Friday. Since the Hawaii Department of Education failed to propose an adequate public school placement for the student, it was responsible for paying for his private education under the Individuals with Disabilities Education Act. Further, the parents were entitled to two years to seek reimbursement, since the private placement had stemmed from joint, if litigious, decision between the family and the school system and was not taken on unilaterally....