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In a securities fraud action by the Commodity Futures Trading Corporation (CFTC), summary judgment for plaintiff is reversed where neither subsection 2(c)(2)(B) nor subsection 6c(b) of the Commodity Exchange Act grants the CFTC jurisdiction over discretionary trading accounts in foreign currency options. Read Commodity Futures Trading Comm. v. White Pine Futures Corp., No. 07-56629 Appellate Information Argued and Submitted March 4, 2009 Filed August 3, 2009 Judges Opinion by Judge O’Scannlain...

In times of tightened belts, courts have to find creative ways of operating as lean, mean, judicial machines. This week, the Seventh Circuit Court of Appeals directed its appellate spotlight on one such court, which required a litigious inmate to post a $1,000 bond to cover the defendants’ costs if his lawsuit proved unsuccessful. According to the Seventh Circuit, that’s not cool. The Seventh Circuit described plaintiff Anthony Gay as a “deeply disturbed Illinois inmate with a long history of self-mutilation....

Ending nearly two decades of litigation, the U.S. Supreme Court closed the door on paint companies and builders who used lead paint in California homes. The justices rejected appeals from companies that were ordered to clean up lead paint after a trial judge found the companies knew about the hazards of lead poisoning. A California appeals court affirmed that decision in People v. Conagra Grocery Products Company. The California Supreme Court and then the U....

In 2010, Greg McNeilly sued to stop Michigan Secretary of State Terri Lynn Land from enforcing the state’s individual campaign contributions limits. McNeilly claimed that the campaign contribution limits, which cap donor support at $500 to $1000 per candidate, were unconstitutional. This week, the Sixth Circuit Court of Appeals refused to enjoin Land from enforcing the limits, finding that McNeilly did not have a substantial likelihood of success on the merits....

Confession No. 1: The problem with boldly stating in December – on the Internet, no less – a plan to wax poetic about Seventh Circuit Judge Richard Posner for Valentine’s Day is the necessity to follow through come February. But we promised a sonnet, and a sonnet we shall deliver. Confession No. 2: The last time we wrote a sonnet was in high school, when it was an English requirement. We doubt the poetic musings of our teenage years were much worse than what you are about to read now, and they certainly can’t compare to Julia Stiles’ screenwriter-assisted, angsty, heartfelt sentiments in “Ten Things I Hate About You....

In a product liability action, summary judgment for defendant is affirmed where: 1) plaintiff knew or reasonably may be expected to have known of the specific danger of bagging cotton with excess moisture, and thus its strict liability failure-to-warn claim failed; 2) plaintiff failed to establish reasonably anticipated use, and thus adverse rulings on strict liability defective-product, negligence, and implied warranty claims were proper; 3) the court did not abuse its discretion in considering cured unsworn expert reports; and 4) the court did not abuse its discretion in excluding expert testimony under Daubert....

District court’s order denying the FTC’s motion to hold manufacturing distributors of certain dietary supplements in contempt of a consent judgment vacated Fed. Trade Comm’n v. Lane Labs-USA, Inc., 09-3909, concerned a challenge to the district court’s order denying the Federal Trade Commission’s (FTC) motion to hold defendants in contempt for violation of a consent judgments entered by the district court on July 2000 and September 26, 2000, in proceedings arising from the Federal Trade Commission’s (FTC) action against defendants manufacturing distributor of specialty dietary supplements and cosmetic products, charging defendants with deceptive acts in violation of section 5 of the Federal Trade Commission Act (Act)....

Rumor has it that the healthcare litigation is finally making its way to the Golden State. Well, it’s not quite rumor if it’s in a press release . The 9th Circuit Court of Appeals has joined the ranks of the 4th Circuit and the 6th Circuit in hearing the case against health insurance reform. According to a press release at Standard Newswire, the 9th Circuit at the federal courthouse in Pasadena will hear the constitutional challenge to the “individual mandate” on July 13, 2011....

In a habeas matter involving a prosecution for lewd and lascivious acts on a child, the denial of the petition is reversed where the trial court erred in prohibiting Petitioner from introducing evidence that the victim had made prior claims of her own sexual appeal, because such evidence was clearly relevant to impeach the victim. Read the full decision in Holley v. Yarborough, No. 08-15104. Appellate Information: Appeal from the United States District Court for the Eastern District of California....

This post was updated on December 15, 2022. The holidays are generally a time when families come together. But for separated or divorced parents, the holidays can make it feel like everything is falling apart. Child custody issues can arise anytime, but with travel and other family members involved, the holidays can make those issues even more challenging. So here are six tips for dealing with child custody issues during the holidays:...

Throughout the Third Reich’s time in power over Germany and most of Western Europe, Nazi soldiers looted and stole cultural artifacts from private homes, collections, and museums. This includes paintings by some of the planet’s most famous artists. In the decades since the end of World War II, American and European governments have worked to return stolen artwork, much of which still remains missing. Even today, looted artwork shows up in auction houses, and masterpieces still find their way onto the black market and into the hands of both unwitting and unscrupulous buyers....

A Planned Parenthood lawsuit might make it to the U.S. Supreme Court yet again. The case has already weathered the district court and is now on its way up to the court of appeals. After U.S. District Judge Tanya Walton Pratt granted an injunction against a new Indiana state law that would essentially cut public funding for abortion via Planned Parenthood, Indiana Attorney General Greg Zoeller filed a notice of appeal with the Seventh Circuit Court of Appeals this week, reports the Associated Press....

Washburn University School of Law, you have something to celebrate: a Tenth Circuit Court of Appeals judge (and now-former Kansas Supreme Court Justice). Other notable Washburn alums include former Senator and Presidential candidate Bob Dole and Fred Phelps, Pastor of the Westboro Baptist Church. Time to update the Wikipedia page, folks! Justice Moritz, now Judge Moritz, fills a vacancy that’s been around since then-Judge Deanell Tacha took senior status in 2011, shortly before taking over as Dean of Pepperdine Law School....

In an action for breach of contract and various torts, district court judgment is reversed where the court erred in: 1) granting defendant summary judgment on a breach of contract claim as the parties’ contract was ambiguous on the disputed provisions, and thus both parties should have the opportunity to introduce extrinsic evidence favorable to their interpretation of the provisions; 2) granting defendant summary judgment on a fraudulent misrepresentation claim as there was a genuine issue of fact exists as to whether the disclosure of certain facts was material; and 3) granting defendant summary judgment on the claims for breach of fiduciary duty, negligence and rescission....

When most of us think of medical malpractice, we tend to think of an error that occurred on the operating table. In fact, however, the most common settings for medical mistakes are not surgical wards. They are doctor’s offices and emergency departments, where doctors diagnose what’s wrong with you. The Impact of Diagnostic Errors A recent article in the medical journal Diagnosis focused on the significance of diagnostic errors, pointing out that 34 percent of medical malpractice claims resulting from a patient’s death or serious disability were caused by inaccurate or delayed diagnoses....

In a class action alleging failure to pay overtime brought by current and former Wells Fargo home mortgage consultants, the District Court’s order certifying a class is reversed where the District Court abused its discretion by relying on Defendant’s uniform policy of treating its employees as exempt from overtime laws, to the near exclusion of other relevant factors touching on predominance. Read Mevorah v. Wells Fargo Home Mortgage, No. 08-15355...

Even though vaccines are regulated by the U.S. Food and Drug Administration, there are no federal laws requiring parents to vaccinate their children. Instead, vaccination requirements are regulated at the state level, and every state has laws that require children to be vaccinated against certain infectious diseases before attending school or daycare. Typically, state requirements apply to both public and private schools, and some include colleges and universities. All 50 states and the District of Columbia also have exemption provisions, which exclude certain children from the vaccination requirements based on medical, religious, or philosophical reasons....

Woody Allen is quoted as saying that “Eighty percent of success is showing up.” We’re not sure of the exact weight that the federal courts afford to actually appearing for proceedings, but — much like Allen — judges believe that showing up is critical. So what happens when a lawyer doesn’t bother to show up? Typically, that results in attorney sanctions. In extreme cases, it could interfere with a plaintiff’s judgment....

Wells Fargo will have to answer for property tax losses in Oakland, based on evidence that the bank caused hundreds of foreclosures in the city. Judge Edward Chen said the city had enough evidence to prove a connection between the bank’s loan practices, subsequent foreclosures, and lost property taxes. However, the judge dismissed the city’s claim for municipal costs from abandoned homes in the area. Scandal after scandal, it’s another case that shows how far the bank has fallen since its storied days....

The Eighth Circuit Court of Appeals heard oral arguments in its en banc hearing of South Dakota’s controversial 2005 abortion law expanding its informed consent provisions. Although the Eighth Circuit upheld the majority of South Dakota’s informed consent law last year, its decision to strike one part of the law has continued to receive attention. Citing no reliable medical evidence of the connection between an increased risk of suicide and abortion, a three-judge panel of the Eighth Circuit struck out a provision requiring a suicide advisory to women seeking abortions....