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Pharma can breathe a little easier knowing Sixth Circuit ruled against a 17-year-old girl injured by her birth control patch. It was the country’s first ever appellate level expansion of the doctrine of " impossibility preemption." If you’re wondering what “impossibility preemption” is, we refer you back to the 2013 case of Mutual Pharmaceutical Co. v. Bartlett. Yates, the plaintiff, was a 17 year old who had suffered sexual abuse and was currently suffering menstrual cramps....

A recent arrest out of Merrimack, New Hampshire, provides a rather important lesson for people being questioned by the police: If the cops want to seize your phone, don’t resist, because resisting can lead to your arrest. At least that’s what happened to a Greenfield man when officers demanded he turn over his smart phone during questioning and he refused. When he later went to use the device during the interview, he was restrained by one officer while the other secured the device, then he was arrested for obstruction of justice....

This depends on your risk tolerance, whether you’re part of a union, and the nature of the general strike, if one ever occurs in the United States. If you’re hanging out on social media these days (aren’t we all?), you may have seen “Let’s all just strike” or #generalstrike calls in the past few years. They’ve popped up in response to the pandemic, the Supreme Court’s overturning of Roe v. Wade, and frustration with the current burnout reality of work....

If they can’t afford a lawyer, the big question on most criminal defendants’ minds will be whether they can trust their public defender. Fortunately, for the most part, the answer to that question is yes. However, lawyers are still human, and most humans want to do as little work as possible for the most pay possible. If your public defender is not a salaried employee of the state, county, or other government entity, how that lawyer gets paid could create a significant issue....

Edwards v. Wells Fargo & Co., No. 06-16892, involved an action against Wells Fargo Bank under the Fair Credit Billing Act, a subpart of the Truth in Lending Act, and under the Nevada Unfair Consumer Practices Act, based on credit card billing disputes. The court of appeals affirmed summary judgment for defendant, holding that plaintiff was not a “consumer” within the meaning of Regulation Z because he was not the obligor under the credit card agreement....

A recent Ninth Circuit appellate opinion explains that the federal law prohibiting individuals from inducing or encouraging undocumented immigration when they know it will be unlawful is unconstitutional. Simply put, the court explained that the statute criminalized “encouraging,” which triggers First Amendment scrutiny and fails that scrutiny for being overly broad. And while amicus in the case, and other immigration advocates, believe the end result is just, the underlying case’s facts might be difficult for those same individuals to stomach....

Okasana Baiul became famous after she beat both Nancy Kerrigan and Tonya Harding to win the gold medal in figure skating at the infamous 1994 winter Olympic games. Then she fell into alcoholism, resulting in a 1997 car accident. She revitalized herself, however, and joined season 13 of “The Apprentice.” She’s also the plaintiff in a defamation suit filed against Disson Skating and NBC, where she claimed Disson and NBC promoted her appearance at a skating event she was actually never supposed to appear at, then made statements creating the impression (she says) that she failed to show up for that appearance....

You may not be familiar with Insane Clown Posse’s music, but you probably are familiar with the way they look. I mean, how many rappers do you know that wear clown makeup? (Yes, we’re serious). And, much to our chagrin surprise, they are quite successful and even have a devoted following of fans called Juggalos. Juggalos show their unity by wearing clown makeup, or sporting HatchetGear, a line of apparel with the Hatchetman logo, as well as other characteristics....

In US v. Castello, No. 09-2784, the court of appeals vacated the district court’s forfeiture order against defendant based on his conviction for failing to file Currency Transaction Reports in the course of running his check-cashing business, holding that the application of the four Bajakajian factors established that the forfeiture imposed in the district court’s initial forfeiture order was not grossly disproportional to the crime for which defendant was convicted....

As general counsel should know, an employee-employer interview starts much differently than an attorney-client interview. When a prospective employee first meets with a company representative, it’s all about finding a good fit. When an employment attorney meets with a prospective plaintiff, it’s about a finding a good way to sue. That’s how shotgun lawsuits sometimes begin. A plaintiff’s attorney needs just one pellet to pierce the corporation’s defense. In Los Angeles, one plaintiff is taking her best shot at JLL, the commercial real estate company....

Google Translate is a great little tool. It can help you figure out what those weird words on restaurant menus mean while traveling abroad. Or explain those esoteric references in classic poetry. It’s even been known to “listen” to someone speaking in one language and translate it into another language in real-time. But is it good enough to decide whether refugees can enter the country? According to a report from ProPublica, U....

Little Tenino, Washington (population 1,884) has come up with a seemingly novel way to ease the economic pain caused by the coronavirus lockdown: Create the town’s own currency. Mayor Wayne Fournier was looking for a way to help individuals and families who were hurt when businesses were forced to close down when the idea came to him at a town meeting. During the Great Depression in the 1930s, Tenino had printed its own wooden dollars to help the local economy — why not do it again?...

In plaintiffs’ suit against a city challenging the constitutionality of an ordinance that forbids the sale of a house without an inspection to determine whether it is in compliance with the city’s building code, district court’s dismissal of the suit for failure to state a claim is affirmed as, the ordinance is constitutional and therefore, there has been no violation of plaintiffs’ rights, and as such, they are not entitled to reimbursement for the costs the ordinance imposed on them....

It’s one of the cornerstones of modern democracy: one person, one vote. But as straight-forward as the phrase sounds, there are some major ambiguities lurking in the wings. Such as, who counts as “one person?” Everyone living in a state? Just American citizens? Just voters? The Supreme Court will take up those questions when it hears oral arguments for Evenwel v. Abbott on Tuesday, as it decides whether states may use total population or voter population when drawing legislative districts....

Marijuana will remain on the federal list of Schedule I drugs, next to heroin and LSD. After a five day evidentiary trial, the District Court for the Eastern District of California denied a motion to dismiss an indictment involving marijuana growing, which challenged the classification was unconstitutional. Under the Controlled Substances Act, Schedule I drugs are those which have a high potential of abuse and “no currently accepted medical use.” Defense lawyers for 16 men accused of growing marijuana challenged the listing of marijuana as a Schedule I drug, arguing that it violated the Tenth Amendment’s limitations on federal power....

The Tenth Circuit reversed and remanded a race employment discrimination case back to the lower court on Friday, providing an opportunity for the plaintiff to better craft his complaint against his former employer, Northeastern State University. In doing so, the Court offered a nifty little guide regarding how federal courts must consider the actions of each defendant on an individual basis when determining whether or not that defendant is entitled to qualified immunity....

Happy Friday afternoon. If you’re still stuck behind a desk, and done reading about LeBron James and Jeremy Lin, you’re probably looking for something else to tide you over until you sneak out early. We’ve got your back. Here is a roundup of the biggest end-of-the-week Supreme Court news, including Chief Justice John Roberts’ alleged lie and the Supreme Court’s next dates with Obamacare and gay marriage: Utah Appealing 10th Cir....

Ryan Ferguson, a Missouri man who spent nearly a decade behind bars for the murder of Columbia Tribune sports editor Kent Heitholt, was freed this week after the Missouri Western District Court of Appeals overturned his conviction. Ferguson, now 29, was convicted in 2005 of robbing and killing Heitholt in a drunken escapade. In large part, the conviction stemmed from the testimony of Ferguson’s friend Charles Erickson. For all these years, Ferguson has maintained his innocence....

Widow’s claim for benefits under the accidental death and dismemberment insurance policy Sellers v. Zurich Am. Ins. Co., 10-1448, concerned a challenge to the district court’s affirmance of an insurer’s denial of a widow’s claim for benefits under the accidental death and dismemberment (AD&D) insurance policy, arising from her husband’s death shortly after undergoing a surgery to remove a broken wire from his knee that was inserted over a year during a previous surgery for work-related injury....

True or false: It is always safer for bicyclists to stop at stop signs and red lights. Seems like a no-brainer, right? But guess what. If you answered “true,” you’re probably wrong. Evidence shows that it is actually more dangerous for bicyclists if they obey stop signs and red lights like cars do. According to researchers, it is generally safer for bicyclists to treat stop signs as though they are yield signs and red lights as though they are stop signs....