Posts

Prosecutor? No need. How about defense counsel? Nah, they can represent themselves. Meet Judge Louis DiLeo. Back in 2010, in the Linden, New Jersey, municipal court, DiLeo held a “trial” consisting of himself as the judge and prosecutor, the two defendants representing themselves (after denying their request for a public defender), and the police witness, who cross-examined them. Unsurprisingly, the two convictions were later reversed, Judge DiLeo was reprimanded, and last week, the Third Circuit upheld the district court’s holding that he had lost his judicial immunity by going all Judge Dredd on the parties....

In a petition for review of the BIA’s order removing Petitioner from the U.S. for committing a “crime of violence,” the petition is granted where the theft of an automobile under the California grand theft statute is not a “crime of violence” under 18 U.S.C. section 16(b). Read Nguyen v. Holder, No. 08-3579 Appellate Information Submitted: May 1, 2009 Decided and Filed: July 2, 2009 Judges Opinion by Judge Merritt...

Qualified immunity? For a claim of employment retaliation for whistle-blowing? Believe it or not, that’s the defense Philadelphia School District mounted after a federal district court denied its motion for summary judgment in this employment retaliation case. Francis Dougherty, a former employee, was fired after she told the news media that the school district’s superintendent, Dr. Arlene Ackerman, directed a contract to a minority-owned firm without a bidding procedure. The Third Circuit said “no” to the district’s claim that it was protected by qualified immunity....

In the last seven months alone, at least 285 people have contracted measles in New York City. The outbreak has been so extreme, Mayor Bill de Blasio declared a public health emergency in the city and ordered mandatory vaccinations for residents in four zip codes. “This is the epicenter of a measles outbreak that is very, very troubling and must be dealt with immediately,” de Blasio said. “The measles vaccine works....

Vega v. Holder, No. 07-72618, involved a petition for review of a decision of the Board of Immigration Appeals (BIA) denying petitioner’s motion to reopen as untimely. The court of appeals denied the petition on the ground that, to be timely, the motion to reopen had to be filed within 90 days of the BIA’s initial merits determination, not within 90 days of the denial of petitioner’s motion to reconsider....

Minnesotan Tom Petters may have been able to scheme dozens of people out of $3.7 billion, but he wasn’t able to convince the Eighth Circuit Court of Appeals to overturn his 50-year sentence. Petters was sentenced to prison after his 2009 conviction on 20 counts of wire fraud, mail fraud, money laundering and conspiracy for his billion-dollar Ponzi scheme. The charges were connected to allegations that Petters, under the guise of Petters Co....

In an immigration employment decision that could have far reaching impacts, the Court of Appeals for the Second Circuit ruled that the legislative attempts to hasten H-1B “portability” for immigrants continues to be stymied by bureaucracy even 15 years after passing the American Competitiveness in the 21st Century Act. According to the Second Circuit’s ruling, leaving one’s immigration status squarely in the hands of a disinterested employer is inimical to the act’s purpose....

Andrew Hall was born in a coal cellar during the Warsaw Uprising against Nazi Germany. It was, perhaps, a foretelling birth: Hall has gone on to make his name as an attorney by fighting against terrorists and corrupt regimes. The goal? Make them pay for their crimes – in cash. So far, he’s had incredible success, winning cases against state sponsors of terror such as Iraq and Libya. In 2012, he won a $315 million award against Sudan for its involvement in the bombing of the USS Cole....

Our nation’s greatest court, with nary a hint of dispute, dissention, or differing reason, released three unanimous opinions today. And while some (the tow yard) will likely have little-to-no impact in the real world, another (Monsanto’s soybean patent case) may have a far greater impact, especially in the areas of genetically modified crops, vaccines, and any other self-replicating products. In many ways, Monsanto giveth, and Monsanto taketh away. They invented an herbicide that kills pests – and plants....

In a case arising from the NBA gambling scandal involving former referee Tim Donaghy, judgment ordering defendant to pay restitution to the NBA under the Victim and Witness Protection Act is affirmed where: 1) the NBA was a victim of defendant’s offense as it was directly and proximately harmed by defendant committing the crime of conspiracy to transmit wagering information; 2) the court acted within its discretion in determining that defendant has a reasonable potential for future income and that he should have sufficient resources to contribute to the payment of restitution to the NBA; and 3) attorneys’ fees are recoverable as “other expenses” under the Act, and thus the court did not err in awarding the NBA attorneys’ fees incurred as a result of the assistance it provided to the government in its investigation and prosecution of defendant’s criminal offense....

Conviction and sentencing of a defendant for conspiracy to distribute cocaine and possession of firearm in furtherance of that conspiracy is affirmed where: 1) the district court correctly determined that under 21 U.S.C. section 846, it is not whether the government can sustain a conspiracy charge without proving conclusively that every alleged co-conspirator had more than a buyer-seller relationship with the defendant, but rather, whether the government can prove the requisite agreement between the defendant and at least one other conconspirator; 2) a jury could conclude that defendant constructively possessed the guns found at his home and a jury could rely on circumstantial evidence in finding that a gun in defendant’s constructive possession was kept to further the drug trafficking crime; 3) district court’s decision to give the jury a “dynamite charge” during deliberations and the charge itself was not in error as there is no basis to conclude that the court encouraged the jurors to cast aside their opinions for the expedience of reaching a verdict; and 4) district court’s sentencing of the defendant was presumptively reasonable based on the properly calculated guidelines range....

Defendant’s firearm possession sentence is affirmed where Defendant’s prior conviction under Texas Penal Code section 22.05(b)(1) for firing a gun at or in the direction of another person constituted a violent felony under the Armed Career Criminal Act because it involved the use, attempted use or threatened use of physical force against another person. Read the full decision in US v. Hernandez, No. 08-6190. Appellate Information: APPEAL FROM THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF OKLAHOMA (D....

No, it’s not the latest taebo-pilates-zumba routine. But if you’re weighed down by foreclosure, a loan workout may be just what the debt doctor ordered to help put your loan back on track. A loan workout is plan of how to restructure debt in the face of foreclosure. It is also called loan modification or mortgage modification. In loan workouts, the home owner sits down with the lender to discuss modification of terms to the loan in order to make monthly payment minimums and sidestep foreclosure....

With the recent death of Elvis Presley’s daughter, Lisa Marie Presley, there are now major questions about who controls her trust, which includes the Graceland estate. Lisa Marie Presley created a living trust with her mother, Priscilla Presley, and former business manager, Barry Siegel, named as trustees. This move was unusual since most people creating living trusts (called grantors) keep themselves as the initial trustee. Lisa Marie changed the trust with an amendment in 2016, replacing her mother and business manager with her two oldest children....

Wimbush v. Wyeth, 09-3380, involved a plaintiff’s suit against a diet pill manufacturer claiming strict liability and common law negligence. In affirming in part, the court held that it was proper to grant defendant’s motion for summary judgment on a strict liability design defect claim as plaintiff failed to point to any evidence creating a factual dispute as to the adequacy of warning. The court also affirmed trial court’s grant of summary judgment for defendant on post-FDA approval negligence claims as plaintiff failed to point to any actual evidence in a particularized manner....

You may stumble on Vijayakumar Thuraissigiam’s name, but you should not forget it in immigration law. In Thuraissigiam v. U.S. Department of Homeland Security, the U.S. Ninth Circuit Court of Appeals said asylum-seekers may challenge expedited removal orders by habeas petition. From coast to coast, news organizations reported it is as a decision with “sweeping implications.” It will certainly stall President Trump’s efforts to speed up deportations. It will likely set up a day in the U....

Summer is, sadly, coming to an end. If your children aren’t back in school yet, they soon will be. You might’ve already taken care of everything from enrollment to school supplies to new outfits. But if your child is just starting school, you’ve moved or changed schools, or you’re a procrastinator like us and Fall has snuck up on you, you might have some unanswered questions when it comes to school enrollment....

Xilinx, Inc. v. Comm’r. of Int’l. Rev., No. 06-74246, involved a tax court petition challenging the IRS’s determination that, under the tax regulations in effect during tax years 1997, 1998 and 1999, related companies engaged in a joint venture to develop intangible property must include the value of certain stock option compensation one participant gives to its employees in the pool of costs to be shared under a cost sharing agreement, even when companies operating at arm’s length would not do so....

In a challenge to Defendant-City’s rules governing street performers in a public park, summary judgment for Plaintiff is affirmed where the rules governed a public forum, had an impermissibly broad scope, and did not meaningfully promote the city’s asserted interests. Read Berger v. Seattle, No. 05-35752 Appellate Information Argued and Submitted September 23, 2008 Filed June 24, 2009 Judges Opinion by Judge Berzon Dissent by Chief Judge Kozinski Dissent by Judge Gould...

In an action brought to determine the priority of coverage between certain insurance policies, district court judgment is affirmed where: 1) defendant’s demand for plaintiff to be involved in the defense of anticipated suits by injured parties is enough to create an actual controversy and give plaintiff the right to bring a declaratory judgment action to determine priority of coverage; and 2) the court did not err in determining that defendant’s policy provided primary coverage for the accident and that its umbrella policy would also be triggered before the policy issued by plaintiff came into play....