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In plaintiff’s case against a benefit plan administrator for denying its claim for benefits under ERISA, district court’s judgment is affirmed in part and reversed in part where: 1) district court did not err in applying the de novo standard of review in concluding that the third-party administrator for the plan rather than defendant made the decision to deny the claim for benefits; 2) district court properly concluded that defendant erred in denying the claim as the court correctly determined that the benefits for which the claimant sought payment did not stem from a loss caused by driving without a license and driving without insurance, for purposes of an exclusionary clause in the plan; 3) district court properly awarded benefits and prejudgment interest to plaintiff; and 4) award of attorney’s fees is reversed as the district court erred in weighing the first factor of the five-factor test in favor of a fees award....

Another court has ruled against the Trump administration’s plan to include a citizenship question in the 2020 Census. The administration wants census-takers to ask: “Is this person a citizen of the United States?” That is a problem, say plaintiffs in cases around the country. Two courts have already ruled against the administration on the issue. Check that; now there’s three. 2020 Foresight Judge George Hazel in Maryland is the third judge to rule the question is a violation of federal law....

In a civil rights action against the city of Peoria under 42 U.S.C. section 1983 arising from an arrest on mistaken identity, district court’s judgment is affirmed where: 1) plaintiff’s argument depends on incorporating the state and local protections of parking violators from arrest into the Fourth Amendment, and he is not within those protections; 2) plaintiff’s due process claim fails under his argument that the city deprived him of liberty by arresting him without having notified him that a failure to pay parking tickets might lead to an arrest, but since he didn’t fail to pay his parking tickets, the notice could not have helped him; and 3) even if the prosecutor violated plaintiff’s rights in filing the motion that led to his arrest, she has absolute immunity from liability to pay damages for consequences while performing prosecutorial duties....

What happened on “How To Get Away With Murder” this week? Detective Lahey is in jail, thanks to some scheming by Annalise and Frank. As Wes delves deeper into the mystery of Rudy Walters, it’s becoming clear that Lila’s murder isn’t so clear-cut after all. In addition, the arrival of Annalise’s mother opens up some old wounds and lets us know where Annalise gets her vengeful streak. #HTGAWM in 140 Characters: Bonnie’s in the big chair this week....

Sentence for theft is affirmed where the district court’s failure to properly follow Rule 11 of the Federal Rules of Criminal Procedure and inquire about the appellate waiver during the plea colloquy does not constitute plain error warranting remand as the totality of the circumstances shows that defendant’s guilty plea was knowing and voluntary. Read US v. Polack, No. 08-3381 Appellate InformationAppeal from the District Court for the Eastern District of Wisconsin....

This post was updated on December 13, 2022. So, you want a divorce. And you probably want it now. Unfortunately, that’s probably not going to happen. But you can try and game the system. Below is a list of the worst states for divorce. Yes, the worst. They include waiting periods of up to 540 days, and boast price tags that come close to $400. Divorcing in one of these states will only prolong your misery....

Well, this is quite a way to kick of SCOTUS Week at FindLaw, isn’t it? This morning, the Supreme Court shocked the nation by denying certiorari in all of the pending gay marriage cases. The orders were handed down with no warning, no elaboration, and no dissent. In retrospect, the denials shouldn’t have been that shocking: While the issue is of major nationwide importance, there is no circuit split yet, and every federal appeals court to consider the issue since Windsor has ruled in favor of marriage equality....

The Sixth Circuit affirmed in part and reversed in part a decision involving a writ of habeas corpus of a man who was sentenced for murder by the State of Kentucky. The Sixth Circuit Court of Appeals vacated a judgment based upon claims of prosecutorial misconduct. The defendant-petitioner claimed that the prosecution had committed misconduct during their closing arguments. After two and a half years of rocky marriage, David Eugene Matthews shot his estranged wife and his mother-in-law on June 29, 1981....

What’s the issue? Free speech, naturally. While admitting that the information mandated by the initiative could come in handy in preventing sex trafficking and other related sex offenses, the district court judge also felt that the statute’s lack of limitations on the use of the data and protections for offenders created a chilling effect on speech. In addition, the severe penalty for failing to disclose - up to three years in prison - strengthens the chilling effect....

New York State allows companies to offer price discounts to customers who pay in cash. But the state forbids imposing surcharges on credit card users. For retailers, this is more than just a question of semantics. Surcharges discourage credit card use more than discounts encourage cash, thus helping business avoid the two to three percent swipe fee companies like Visa or MasterCard apply every time a customer pays with plastic....

Another day, another challenge to the Affordable Care Act. Plaintiffs Nick Coons and Eric Novack were represented in District Court by the Goldwater Institute. (You know where this is headed.) They object to the Affordable Care Act for three reasons: (1) the individual mandate is bad and they don’t like it; (2) they don’t like the establishment of an advisory program that issues Medicare budget recommendations; and (3) the ACA violates their right to medical autonomy....

Do First Amendment free speech rights cover a counseling student’s right to refuse to speak to someone? The Sixth Circuit Court of Appeals heard arguments this week in a former Eastern Michigan University (EMU) graduate student’s lawsuit challenging her dismissal from the school’s graduate counseling program. Julea Ward enrolled in the EMU program in 2006 to become a high school counselor. In 2009, she declined to counsel a homosexual client during her school practicum because her “Christian beliefs would not allow her to affirm the client’s homosexual behavior,” according to the Alliance Defense Fund (ADF), which is representing Ward....

We’re gonna skip all the clichéd jokes about Superman, UFOs, and The Rocketeer (look it up, kids) and get straight to the point: Twice in the last two months, a person flying a jetpack has been spotted near Los Angeles International Airport (LAX). The first time, you could maybe write it off as a pilot misidentifying a drone or some other type of aerial vehicle. But twice? It seems we’ve got ourselves a flying man in Los Angeles, and the federal government doesn’t seem too pleased about it....

In an action claiming that Apple’s iPod was defective because it posed an unreasonable risk of noise-induced hearing loss to its users, dismissal of the action is affirmed where: 1) the plaintiffs admitted that the iPod had an ordinary purpose of listening to music, and nothing they alleged suggested iPods were unsafe for that use or defective; 2) the plaintiffs failed to allege how the absence of their suggested changes to the iPod caused any user an injury; and 3) plaintiffs did not allege the requisite injury in fact to have standing under California’s Unfair Competition Law....

Judge Bridget Bade has been confirmed to the U.S. Ninth Circuit Court of Appeals, as the U.S. Senate pushes along President Trump’s goal to reshape the traditionally liberal appeals court. Bade was first nominated last August, but the Senate did not vote until after the mid-term elections. She was re-nominated in January, and passed by a 78-21. Trump has made it a public priority to add judges to the Ninth Circuit....

Like any other law enforcement tool, there’s good tech and bad tech. Using computer code to clear cannabis convictions after recreational weed is legalized? Good. Using facial recognition software citywide? Not so good. And those are just the City of San Francisco’s thoughts on the matter. Balancing the pros and cons of artificial intelligence’s place in the criminal justice system can be tricky, especially as a country that “has been the world leader in AI development,” as the ABA’s Jason Tashea notes, but “laggards when it comes to the regulation and oversight of the same technology....

In In re: McNulty, No. 10-3201, the Sixth Circuit addressed the issue of whether plaintiff was a victim for the purposes of the Crime Victims’ Rights Act, involving proceedings where defendant was charged with violating 15 U.S.C. section 1 by participating in a conspiracy to suppress and eliminate competition related to sales of packaged ice in certain areas. As stated in the decision: “the alleged harm to McNulty stemmed from his firing for refusing to participate in the conspiracy and his ‘blackballing’ from employment with packaged-ice companies until he stopped working with the government in exposing the conspiracy....

In US v. Apria Healthcare Group Inc., No. 06-1619, the Seventh Circuit faced a challenge to the district court’s dismissal of plaintiff’s qui tam action against a healthcare company for fraudulently billing the Medicare and Medicaid programs for medical devices and related services that were unnecessary or should have been recorded under less expensive reimbursement codes with prejudice based on two other similar qui tam actions pending against the same defendant....

With less than 100 hours until the Supreme Court hears the first case of the 2012 term, we’ve become a bit nostalgic. Before we fully dive into the judicial new year, we’re naming our top 5 cases of the 2011 term. Affordable Care Act. We’re not just handing the top prize to the healthcare because it was the most talked-about case of the year; the Court’s it’s-not-a-mandate-it’s-a-tax explanation will likely be scrutinized for years as both the legal community and government officials consider indirect taxes as a Commerce Clause-alternative for legislation....

A rather interesting case involving a “not compliant” leather-gladiator gay pride outfit will be marching itself to the Ninth Circuit in March. Will Walters’ selective enforcement suit has already scandalized and inflamed the internet when it was revealed to the public in 2012. So the question remains: thongs or leather butt-flaps? Flappy Facts At the time of the incident, Walters had just woken up and had been featured as one of those marching in the pride parade that had just taken place....