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Action Claiming False Web Advertising In WWP, Inc. v. Wounded Warriors Family Support, Inc., No. 10-1794, an action alleging that defendant sowed confusion on the Internet by using a website to solicit donations intended for plaintiff, in violation of Nebraska law, the court affirmed judgment for plaintiff where 1) the district court did not abuse its discretion in refusing to require plaintiff to “dump” all of its donation records on defendant; 2) the district court gave a cautionary instruction about its prior entry of a preliminary injunction; and 3) a reasonable jury could infer that many of the 7,500 donations – even those lacking any specific reference to plaintiff or its more well-known marketing efforts – were intended for plaintiff in light of defendant’s deceptive and unfair trade practices and defendant’s lack of advertising or promoting its own charitable work....

“Low bono” has been around for more than a decade, but who really knows what it means? Almost everybody in the law business thinks of “pro bono” when encouraged to provide free or discounted legal services. But the American Bar Association says “low bono” is rising, and wants more lawyers to learn about it. It is a lot more than a buzzword, the ABA Journal says. It’s all the buzz around the ABA....

It’s a big day in the Ninth Circuit for two of the biggest legal topics right now: marriage equality and national security. In one case, the appellate court declined to re-hear a case involving a Batson challenge to a gay juror, which leaves a holding that all-but-guarantees marriage equality in the Ninth Circuit remains intact. And in a second case, now on remand to a district court in Oregon, a judge just ruled that our nation’s “No-Fly List,” which keeps those who are suspected of having ties to terrorism off of planes but has no procedures to challenge inclusion on the list, is unconstitutional....

In US v. Campbell, 09-3212, the court of appeals affirmed defendant’s conviction for possessing ammunition as a convicted felon, holding that 1) defendant did not reveal or provide any evidence in the record of an intent to mislead or recklessness on the part of the officers in executing the search warrant at issue; 2) the officers executing the warrant reasonably relied on the magistrate’s authorization; 3) even assuming the affidavit’s information was so stale as to not establish probable cause with regard to defendant, the affidavit’s information nonetheless provided sufficient indicia of probable cause to justify the officers’ good faith reliance; and 4) nothing in the record suggested the kind of recurring or systemic negligent conduct by law enforcement occurred that precluded the application of the good-faith exception to the exclusionary rule....

MTM brand watches were and remain the beloved darling brand of choice by the survivalist and mall-ninja crowd besotted by the brand’s carefully tailored “tacticool,” hard-use image. The appearances of the brand’s timepieces are well known amongst watch aficionados and it has been further polarized after appearing on Kiefer Sutherland’s wrist in the Fox Primetime series “24”. The 9th Circuit Reverses Itself Trademark Wars The last several years had seen fierce litigation by companies bringing suits against competitors and the search engines seeking to undermine their online presence by buying keywords that would naturally be associated with that rival company....

It’s been 60 years since George Jetson first flew his space car across American TV screens. Since then, many of us have dreamed of a day when we too might zoom around in an airborne auto. Of course, flying cars have remained mere fantasies all this time, but if you are one of the Jetsonian dreamers, there’s good news: Flying cars may be just around the corner. On July 15, the Federal Aviation Administration gave the thumbs-up to a winged three-wheeler called the Samson Switchblade....

Richard Levitt received quite the valentine from the Second Circuit Court of Appeals today. Instead of chocolates, flowers, or greeting cards, the Second Circuit announced that Levitt is entitled to over $200,000 in unpaid legal fees from his former client, David F. Brooks, reports The Wall Street Journal. Sweet. Brooks, the former chief executive and chairman of DHB Industries, was convicted on insider trading and securities fraud charges in 2010. Brooks engaged in what prosecutors described as corporate looting and stock-trading schemes that yielded over $190 million for DHB Industries, which produced bullet-resistant vests and other body armor used by the military in Iraq and Afghanistan, reports The New York Times....

Doppelgangers, aliases, and evil lookalikes wreak havoc not just in movies, but in real life courts as well. This case is the proof. This week, the Seventh Circuit Court of Appeals was forced to weed through a U.K. magistrate judge’s frolic into the issue of whether a defendant or his similar-looking brother was the evil criminal mastermind to determine if the defendant’s indictment should be dismissed on the grounds of collateral estoppel issue....

“I stand here to tell you – in front of this whole room, in front of everybody, anybody who’s listening – that you’re not going to get what you want,” Transport Workers’ Union president John Samuelsen told American Airlines president Robert Isom last month. “If this erupts into the bloodiest, ugliest battle that the United States labor movement ever saw, that’s what’s going to happen. You’re already profitable enough.” It’s safe to say that labor negotiations between airline mechanics and the largest airline company in the world are not going so well....

The U.S. Sentencing Guidelines, while generally strict, aren’t entirely unfair; a defendant who “accepts responsibility,” (i.e. cooperates and pleads guilty), can receive a sentence reduction. Unfortunately for defendants, judges in the Eighth Circuit Court of Appeals employ a “no take-backs” rule: if a defendant recants his confession at any time, he doesn’t qualify for a sentence reduction. Appellant Kevin Shade, formerly an auto theft detective with the St. Louis Metropolitan Police Department, was charged with “knowingly devising and intending to devise a scheme to defraud by material falsehoods” the St....

Sometimes, when one of the justices recuses his or herself from a case, the reason is obvious. For example, Justices Kagan and Sotomayor have recused themselves in recent years due to prior involvement in the case while it was still churning around in the lower courts. Justice Alito’s absences, however, were much more mysterious. The Associated Press counts his recusals as “roughly six dozen.” He only sat out of one actual decision, however: the pay-for-delay drug manufacturing case....

Secretary of Education Betsy DeVos recently announced a policy to have all students return to school for in-person classes this fall despite the increase in COVID-19 cases throughout the nation. The White House doubled down on this a few days later, with Press Secretary Kayleigh McEnany stating, “The science should not stand in the way of this.” While the virus appears to not be as serious for children as adults, what about teachers, aides, cafeteria workers, janitors, and all the other staff that make a school run smoothly?...

When does the Eighth Circuit Court of Appeals review and reverse a damages award for being excessive? A former Arkansas prisoner may keep his $813,000 damages award, the Eighth Circuit Court of Appeals held this week. The three judge panel held in favor of one time prisoner Jose Luis Gonzalez, who has since been repatriated to his home country of Mexico, reports the Associated Press. Gonzalez brought suit under the Federal Tort Claims Act against the Federal Correctional Institution in Forrest City, Arkansas....

If you’ve ever dreamed of getting up close and personal with the Third Circuit Court of Appeals - the place where corrupt politicians go to have their sentencing dreams crushed - today is your lucky day. The Third Circuit anticipates hiring attorneys for one-year terms beginning in September 2012. Licensed attorneys, third-year law students, and recent graduates may apply. Unlike the better-known federal judicial clerkship, this position is a staff attorney clerkship....

In plaintiff’s suit against defendants claiming breach of contract, tortious interference, and violation of the Fair Credit Reporting Act, arising from a six-figure mortgage he obtained at an interest rate of 10.65% where he was to make monthly payments as well as taxes, insurance premiums and other charges and fees, summary judgment in defendants’ favor and dismissal of plaintiff’s claims for defamation and intentional infliction of emotional distress is affirmed because plaintiff did not comply with the terms of his agreement that required him to submit proof of payment....

Been there, done that. At least we thought so when it came to Illinois’ controversial eavesdropping statute. In May of last year, the Seventh Circuit held that the Illinois eavesdropping law was unconstitutional, and likely violated the First Amendment as applied to “recordings of public officials doing the public’s business in public and regardless of whether the recording is open or surreptitious.” The Supreme Court denied cert, so we for now, the Seventh Circuit’s ruling is the law in Illinois....

“Tornadoes are among Earth’s most violent natural acts,” according to National Geographic. “About a thousand of them touch down in the United States each year, more than in any other country in the world.” The tornado season runs from March to July, and National Geographic followed several storm chasers trying to assess the size, frequency, and ferocity of tornadoes in the central part of the country. But is storm chasing legal?...

Knutson v. Fargo, No. 08-1894, involved an action arising out of flooding that occurred on plaintiffs’ property. The Eighth Circuit affirmed the dismissal of the complaint, holding that the district court was required to give preclusive effect to a prior state court judgment under the Full Faith and Credit Act. As the court wrote: “Douglas and Linda Knutson appeal from the order of the District Court dismissing without prejudice their 42 U....

In a Freedom of Information Act action seeking documents pertaining to a government investigation of a plane crash, the District Court’s order requiring the production of some of the documents sought is affirmed in part, where certain documents were not protected by the deliberative process privilege; but reversed in part, where the eyewitness testimony sought would infringe protected privacy interests. Read Lahr v. National Transp. Safety Bd., No. 06-56717 Appellate Information...

It’s amazing how Judge Posner can take a simple issue, and use it as an excuse to go on, and on. In this case, the issue before the Seventh Circuit was “whether the defendant was served with process” – but Judge Posner characterized it as one that “could be the basis for a novel of international intrigue.” No matter what you say, this is no case for 007, we just see it as a case of stereotyping, and over-simplification....