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District court order compelling arbitration between nonsignatory and signatory parties to an agreement with an arbitration clause is reversed where: 1) federal substantive law of arbitrability applies; 2) plaintiff-nonsignatory cannot enforce the arbitration clause against defendant-signatory as plaintiff cannot establish a sufficiently close relationship to defendant, the claims do not relate to the agreement, and defendant’s cross-claim did not rise to the level of substantially interdependent and concerted misconduct. Read Donaldson Company, Inc....

Ruling in Cybersquatting Suit In DSPT Int’l., Inc. v. Nahum, No. 08-55062, an action for “cybersquatting” and trademark infringement in violation of the Lanham Act, the court affirmed judgment for plaintiff where: 1) although there was no evidence of anything wrong with defendant’s registration of the domain name at issue to himself, the evidence supported a verdict that defendant subsequently, years later, used the domain name to get leverage for his claim for commissions; 2) the designs used by defendant were sufficiently similar to those used by plaintiff; and 3) given the impossibility of precise measurements, the jury had sufficient tools for estimating defendant’s damages, including financial statements bracketing the period of the loss and testimony that DSPT spent $31,572....

Shirley Cunningham and William Gallion are down, but they still aren’t out. The Sixth Circuit Court of Appeals rejected the infamous fen-phen lawyers’ appeal this week, finding that the pair “participated in a massive scheme to defraud their clients.” In January, the two disbarred Kentucky attorneys challenged their wire fraud and wire fraud conspiracy convictions before the Sixth Circuit Court of Appeals, arguing that the district court made them “look like bad guys” by releasing 22 findings from the Kentucky Supreme Court against them, even though the high court never held a hearing....

In a murder prosecution, a denial of petitioner’s habeas petition is affirmed where, as a matter of law, petitioner forfeited his objection to the prosecutor’s allegedly racially discriminatory peremptory strike. Read Garraway v. Phillips, No. 07-2302 Appellate Information Argued: April 7, 2009 Decided: January 7, 2010 Judges Opinion by Judge Jacobs Counsel For Appellant: Robert J. Boyle, Law Office of Robert J. Boyle, New York, NY For Appellee: Christopher J. Blira-Koessler and Joseph N....

It’s that time of year again. Pumpkin spice everything, sweater weather, and of course, Halloween. Party at the Police Department? On Halloween, it can be fun to dress up as a law enforcement officer or first responder. Theme party anyone? But hopefully, your version of trick-or-treating doesn’t include police or ambulance rides. Let’s break down the minor crimes and felony charges teens should avoid on Halloween. You can also learn more about this topic in comic form!...

Being a “social media influencer” has got to be the greatest job in the world, or so it would seem. Simply by becoming well-connected on the Internet, you can be paid for touting a product. If you become extremely well-connected — like, say, the Kardashian clan’s Kylie Jenner — you can command jaw-dropping fees. Jenner, the top-rated social media influencer in the world, with 141 million followers, reportedly receives $1 million for a single Instagram post....

There is no Match.com for dating compliance officers. It’s not like anyone really wants one anyway. It’s not personal; it’s just one of those relationships you want to keep entirely professional. It’s a nine-to-five thing. On the other hand, it’s good to know your compliance officer has your back 24/7. Here’s how to build that kind of relationship. Give Them Space Compliance officers need room to operate. So don’t be clingy, expecting them to do you any favors....

The Westboro Baptist Church is back to its hateful protests. In March, the Supreme Court ruled that a deceased soldier’s father could not recover tort damages from members of the Westboro Baptist Church for picketing his son’s funeral. Now the group has announced plans to picket Apple Founder Steve Jobs’ funeral. Proving that religious zealots know not the boundaries of irony, the announcement came via Twitter … for iPhone. While the Westboro Baptist Church protests are usually focused on harassing families of deceased soldiers, the group has made a few notable exceptions:...

Remember the mailbox rule? Just the thought of it brings us back to our first year of law school. And believe it or not, it still comes up in cases today. Last week, the Third Circuit had a chance to review the common law presumption of delivery, and noted that it in this day and age, that time-honored presumption may not be enough for employers attempting to give their employees legal notice....

In the recent case Martinez v. Indiana Dept. of Child Services, the Seventh Circuit upheld a long held doctrine in the law: sovereign powers cannot be sued in federal court unless there is an alleged violation of the state’s constitution or the U.S. Constitution. Alternatively, the state can consent to being sued, but how often does that happen? Two workers at the Gary, Indiana Department of Child Services sued the agency for violations of the Federal Labor Standards Act (“FLSA”), alleging that they had to work overtime and stay during lunch breaks even though they were paid only forty hours per week....

In plaintiff-investors’ lawsuit against the defendant, nation’s largest provider of pharmaceutical care for the elderly, district court’s dismissal is affirmed for the most part where: 1) dismissal of the section 10(b), section 20(a), and Rule 19b-5 claims is affirmed as the complaint fails to allege a material misstatement or omission, fails to plead loss causation, and the complaint does not sufficiently establish that defendants actually knew that the legal compliance statements were false when made, 2) district court’s denial of Alaska Electrical’s motion to intervene is affirmed; and 3) district court’s dismissal of the section 11 of the Securities Act of 1933 is reversed and remanded as loss of causation is not an element of a section 11 claim, but an affirmative defense to it....

What happens en route to Vegas, can establish jurisdiction in Vegas, according to a Ninth Circuit Court of Appeals decision this week. Federal law enforcement officers seized $97,000 from professional gamblers Gina Fiore and Keith Gipson while they changed planes in the Atlanta airport on their way home to Las Vegas. The pair explained that the funds were legal gambling proceeds, not evidence of drug transactions. Their story turned out to be true....

In a capital habeas matter, the denial of petitioner’s petition is affirmed as to the guilt phase of petitioner’s trial where: 1) the Antiterrorism and Effective Death Penalty Act (AEDPA) applied to the petition because the district court had dismissed petitioner’s pre-AEDPA petition and 2) an alleged secret deal between the prosecution and a witness was not material; but reversed as to the penalty phase where counsel failed to call a sufficient number of mitigating witnesses and to pursue evidence of another perpetrator’s primary responsibility for the crime....

Kind of a “duh” proposition there, isn’t it? Timothy Grayson was convicted of maintaining a drug house under Michigan state law in 2004. The crime punishes someone for maintaining a structure that he knows is used for keeping and selling drugs, and despite being classified a “misdemeanor,” it is punishable by up to two years in prison. In 2010, he landed into trouble again, this time for conspiracy to distribute powder and crack cocaine and possession of a firearm in furtherance of a drug trafficking crime....

Before there was Enron, there was Cendant. Cendant, a travel and real estate company, cooked its books for 12 years, in one of the largest accounting frauds ever. When the fraud was discovered, Cendant’s stock crashed, with investors losing $19 billion in a single day – the largest tumble on record, until Enron came around. It took three trials and over eight years for Walter Forbes, former Cendant chairman, to be convicted of securities fraud for his role in the fraud....

In 2006, the U.S. Marshals Service and the Metropolitan Nashville Police Department, in conjunction with WZTV-Fox 17, smeared a Nashville’s woman’s name as a result of a law enforcement clerical error. Last week, the Sixth Circuit Court of Appeals said, (and we paraphrase): Eh … These things happen, but you don’t have subject matter jurisdiction for a Federal Tort Claims Act (FTCA) claim against the government, and the television station is protected by Tennessee’s fair report privilege....

In an inmate’s suit against a prison guard under section 1983, district court’s ruling that the Prison Litigation Reform Act (PLRA), 42 U.S.C. section 1997e, fee caps are constitutional and its application of the caps are affirmed as the PLRA fee caps rationally relate to the legitimate government objective of achieving uniformity in attorney’s fee awards, as well as a multitude of other legitimate government objectives. Read Parker v. Conway, No....

Admit it. You’ve thought about it. If you have a pet, you’ve wondered what their food tastes like. Oh sure, you wouldn’t dare do it, but some of those treats smell just like bacon! Well, the latest recall will stop that wondering in its tracks. Across 33 states, the chain retailer Pet Supplies Plus is voluntarily recalling its bulk pig ear dog treats after reports of salmonella sickening 45 people....

SCOTUS has finally put down its foot: line standers will no longer be permitted at the nation’s highest court. From now on, only the attorneys who actually intend to bring arguments before the Court will be permitted to stand in line of the bar section. This is really bad news for anyone who made his living by offering his time to stand around SCOTUS. It turns out law firms pay big bucks for proxies to stand in line – including the homeless – for prices going for up to $6,000 an hour....

Perhaps Oklahoma is peeved that the Tenth Circuit Court of Appeals struck down the state’s anti-Sharia law, a state constitutional amendment that prevents Oklahoma state courts from considering or using Sharia law in decisions. Or, maybe the legislature is trying to take its cues from Republican presidential candidate Newt Gingrich. Either way, Oklahoma does not seem to be a fan of federal appellate courts. Now, Oklahoma State Senator Ralph Shortey of Oklahoma City is ready to stop the federal courts from second-guessing the will of the people....