As a general rule, it’s a really bad practice to threaten a judge. Of course, that doesn’t stop some lawyers. In Florida, for example, a judge alleges that an attorney threatened to release intimate photos of her unless she acquiesced to demands in a custody case. To make things worse, it was the judge’s own custody case. Judge Marni Bryson describes the incident in a complaint that sounds like a bad crime novel....
Conviction for drug-related crimes is affirmed where: 1) the Omnibus Crime Control and Safe Streets Act does not prevent the use of unsealed duplicates or materials sourced from such duplicates at trial as long as an original was recorded and judicially sealed in accordance with Title III of the Act; and 2) the failure to simultaneously broadcast the audiotape evidence through the courtroom’s public loudspeaker as it was being played through headphones for the trial participants did not violate defendant’s Sixth Amendment right to a public trial....
Defendant’s sentence for illegal reentry into the U.S. is affirmed where New York’s definition of attempted robbery, which requires conduct that comes within a dangerous proximity to the criminal end to be attained, is no broader than the definition at common law, which requires a “substantial step towards committing the crime,” and thus attempted robbery under New York law is a “crime of violence” under the Sentencing Guidelines. Read US v....
Defendant’s drug sentence is affirmed, where: 1) Defendant was not entitled to an evidentiary hearing on his 18 U.S.C. section 3582(c)(2) motion; and 2) the District Court did not abuse its discretion by concluding that Defendant continued to pose a threat to public safety. Read the full decision in US v. Styer, No. 08-2951. Appellate Information: APPEAL FROM THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF PENNSYLVANIA. District Judge: Honorable Legrome D....
FindLaw columnist Eric Sinrod writes regularly in this section on legal developments surrounding technology and the internet. Section 230 of the Communications Decency Act (CDA) became law long ago when it comes to internet time, way back in the 1990s. The main thrust of the CDA was an effort by Congress to regulate indecent content posted online. Section 230 was included within the CDA to provide general immunity to Internet service providers with respect to third-party content posted on their sites....
Federal authorities have charged Robert McGill of Los Angeles with the murder of his wife Shirley McGill on a Carnival cruise ship. While domestic violence is far too common, the federal charge McGill faces – murder on the high seas – is fairly rare. As reported by the Contra Costa Times, friends of the McGill’s thought they were happily in love. The former highschool sweethearts reconnected and married in 2003. Both recently turned 55....
If you haven’t heard of the national Free the Nipple movement, perhaps you haven’t been listening, or looking, close enough. Basically, the general idea behind the movement is gender equality through the decriminalization of the female breast, chest, and nipple. In short, the movement seeks to make sure the law is the same for both men and women that want to walk around topless. Currently, a preliminary injunction prevents women from facing potential criminal penalties for walking around topless in Fort Collins, Colorado....
The Ninth Circuit Court of Appeals delivered some unfavorable news to the Winklevoss twins on earlier this week – namely, that it would not be reviewing the Facebook settlement reached in 2008. “At some point, litigation must come to an end,” wrote Chief Judge Alex Kozinski in his opinion, “that point has now been reached.” Judge Kozinski spared little sympathy for the Winklevoss twins in his opinion. He scolded them for wanting to back out of the settlement, claiming that Cameron and Tyler Winklevoss knew exactly what they were getting themselves into when they agreed to the settlement, back in 2008, during the course of their court ordered mediation process....
After a few days of a barren bench issuing no decisions of note, today we were graced with a handful. We’re so excited by the ending of the drought, that today, we’re giving you a double dose of Second Circuit fun: felons with firearms and insurance company windfalls. Second Circuit Talks Second Amendment - For Felons A felon is caught with both body armor and firearms. This is obviously a problem....
In a breach of contract action related to the sale of military aircraft to Kuwait, district court grant of summary judgment for defendant is affirmed where: 1) the court did not err in holding the parties’ contract barred plaintiff’s claim for a commission on the sale of certain Apache helicopters; 2) plaintiff’s claims concerning commissions for the sale of A-4 fighters was time barred; 3) defendant did not breach the implied covenant of good faith and fair dealing by not renewing the parties’ earlier agreement as it allowed for non-renewal; and 4) claims for quantum meruit and unjust enrichment are precluded by the unambiguous express terms of the parties’ agreements....
When 18-year-old Payton Gendron allegedly opened fire in Tops Friendly Market in Buffalo, he struck Zaire Goodman in the neck. Fortunately, Goodman survived. Gendron now faces 25 criminal charges, including hate-motivated domestic terrorism, first-degree murder, attempted murder, and murder as a hate crime. He pleaded not guilty. However, Goodman also wants to hold Gendron’s parents accountable. Goodman’s lawyer recently petitioned the court to provide depositions and preserve testimony for a civil lawsuit....
This week marks the end of the first round of oral arguments for the SCOTUS 2018 Fall term. Also, the schedule for the arguments to be heard in December was recently announced and includes some hotly contested and high-profile cases. Below, you can read a quick summary on the biggest cases that are set to be heard by the High Court in November and December. On October 29, the Court will hear a pair of cases deciding major arbitration issues....
If caustic blogs were a knife in the back, a battle between faculty and administration may have stabbed the deepest at Chicago State Univeristy. The struggling university, which laid off 300 employees last year due to budget cuts, is facing a lawsuit that could be the final blow. Professors Phillip Beverly and Robert Bionaz sued school officials for violating their free speech rights and for retaliation. In Beverly v. Watson, a federal judge says the professors may continue their case....
In plaintiff’s case against her former employer under the Family and Medical Leave Act (FMLA), the Americans with Disabilities Act (ADA), and for retaliation, summary judgment in favor of defendant-employer is affirmed in part, and vacated and remanded in part where: 1) the record indicates that a reasonable jury could conclude that defendant-Nationwide had constructive notice of hours plaintiff worked from home and thus, she was eligible for FMLA leave for purposes of summary judgment; 2) the version of section 825....
Many baseball fans say that the recent revelations of electronic cheating by the Houston Astros has robbed them of their love of the game. A Massachusetts fantasy baseball bettor, however, is claiming that the wrongdoing cost him and others actual money. So he has filed a class-action lawsuit. Krisopher Olson filed the suit recently in federal court, naming the Astros, the Boston Red Sox, and Major League Baseball as the defendants....
The Federal Communications Commission has just filed an amicus brief in a case pending before the Eighth Circuit Court of Appeals that could change the VoIP game. And who the feds have chosen to support may (or may not) surprise you. The case involves a rather significant battle over whether VoIP providers, like Vonage, should be regarded as traditional telecom companies, like Verizon, and subject to regulation by state run public utilities commissions....
While scammers on the internet have surely gotten more and more sophisticated, one busted scammer is making headlines due to the fact that his sophisticated fake-invoice scam bilked two of the biggest tech companies out of millions. Fortunately, despite committing these crimes abroad, the scammer was found out, arrested and extradited to New York, where he is now potentially facing a few decades behind bars. He was also ordered to pay restitution of $50 million, and reportedly both Google and Facebook were able to recover much of what they paid....
Eagle v. Yerington Paiute Tribe, No. 08-16786, involved a habeas petition challenging petitioner’s conviction of criminal child abuse in the tribal court for the Yerington Paiute Tribe. The court of appeals affirmed the denial of the petition, on the ground that Indian status, although a requirement for tribal jurisdiction, was not an element of the crime charged. Reynolds v. Thomas, No. 08-35810, concerned a habeas petition claiming that the Federal Bureau of Prisons (“BOP”) erred by refusing to issue an order under 18 U....
In 2014, a Missouri second-grader sat in the principal’s office of his elementary school waiting for his parents to arrive. The scene likely wouldn’t strike anyone as surprising, except one detail: he was waiting in handcuffs. Classroom Conflict Boils Over The student, named as “K.W.P.” in his lawsuit against those involved, was removed from his classroom by Officer Brandon Craddock following a shouting match with a classmate. According to the 8th Circuit’s opinion, K....
How should the General Aviation Revitalization Act’s statute of repose be interpreted in a case dealing with used faulty plane parts? Strictly, according to the Ninth Circuit Court of Appeals. The actuator in this case, Actuator 339, was manufactured in April 1990 and installed as a new, original part on a different plane, a Cessna 550 aircraft, on October 24, 1990. The Cessna 550 was delivered to its first purchaser on October 30, 1990, more than 18 years before the accident....
