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A proposed class action filed in U.S. District Court in New Jersey claims TransUnion and Equifax violated the Fair Credit Reporting Act by lowering student borrowers’ credit scores for missed payments, despite borrowers getting relief from payments after Congress passed the CARES Act. The CARES Act paused federal student loans from March 13, 2020 until September 30, 2020. The CARES Act mandates that credit reporting agencies cannot lower credit scores for student debt relief passed to offset the economic impacts of the pandemic, instead treating these skipped payments as on time payments....

ERISA Action Claiming Fraudulent Sale of Annuities In Daniels-Hall v. Nat’l. Educ. Assn., No. 08-35531, an ERISA action by members of the National Education Association (NEA) claiming that the NEA knowingly duped them into purchasing unattractive annuities by creating an atmosphere of trust and confidence that was exploited by defendants for their financial gain, the court affirmed the dismissal of the complaint where 1) a marketing plan designed to build brand loyalty is not, under any reasonable definition of the term, a retirement plan; 2) the lack of governmental funding, when considered in light of the necessary governmental involvement in establishing and maintaining section 403(b) plans, did not prevent these plans from falling within the “governmental plan” exemption; and 3) insofar as the “plan” in the complaint referred to the school districts’ section 403(b) annuity plans, plaintiffs failed to state a claim upon which relief can be granted....

Medmarc Cas. Ins. Co. v. Avent Am. Inc., 09-3390, concerned a duty to defend case arising from an underlying class action suit filed against a company for using Bisphenol-A (BPA) in their products without informing consumers of risks associated with the potential leaching of BPA. In affirming the district court’s grant of insurance companies’ motion for declaratory relief, the court held that the underlying suits are not covered by the policies because the claims are limited to economic damages due to the purchase of unusable products, and these damages are not “because of bodily injury” and the complaints do not allege any bodily injury occurred....

‘Drunken sailor’ is probably an unfair, stereotypical label, but it works for a case that arose from a drunken brawl on the Delaware River. Michael Bocchino was aboard a cruise vessel, the “Ben Franklin Yacht,” when a fight broke out among some passengers. He didn’t know who hit him, but it was enough for him to file a lawsuit in state court against the boat’s owner. The owner filed an action in federal court for lack of maritime jurisdiction, but a federal appeals court reversed....

In an appeal from the district court’s order vacating a maritime attachment of defendant’s property, the order is affirmed where the district court properly vacated the attachment because plaintiff failed to show it had a valid prima facie breach of contract or unjust enrichment claim against defendant. Read Equatorial Marine Fuel Mgmt. Servs. Pte. Ltd. v. MISC Berhad, No. 08-57046 Appellate Information Argued and Submitted July 7, 2009 Filed January 11, 2010...

While the spirit of the Establishment Clause guides court decisions year round, Establishment “Claus” is the true legal superstar of the holiday season. Establishment Claus, you see, is the oft-perplexing, always-vexing nemesis of state institutions that want to get festive without getting entangled in the twinkle lights of religion. Thanks largely to the busy legal elves at the American Civil Liberties Union (ACLU), Establishment Claus always knows who’s being constitutionally naughty or nice....

District court judgment denying qualified immunity in a 42 U.S.C. sec. 1983 false arrest action is vacated and remanded where defendant had probable cause to arrest plaintiff as it was reasonable for him to believe that a crime had been or was about to be committed. Read Finigan v. Marshall, No. 07-0964 Appellate InformationAppeal from the United States District Court for the Northern District of New York. Argued: January 6, 2009Decided: July 28, 2009...

In US v. Fisher, No. 09-6142, the court of appeals affirmed defendant’s firearm possession conviction. As the court wrote: “Floyd Eugene Fisher was convicted of being a felon in possession of a firearm in violation of 18 U.S.C. § 922(g)(1) after police officers responding to an emergency “shots-fired” call found him at the scene armed with a .44 caliber revolver and ammunition. He appeals his conviction, arguing that the Government’s introduction of this evidence at trial violated his Fourth Amendment rights....

Divorce is complicated, even in the best of times. But when outside forces like a pandemic or natural disaster come into play, the rules surrounding the typical legal process can change. The COVID-19 virus has caused many courts to shut down and cases to be put on hold. You need to pay attention to your state’s current coronavirus laws to know: If you can leave your house for a court date or hearing If divorce or court proceedings are considered “essential business” How your local court is handling the pandemic Whether your trial or court date is being rescheduled If virtual meetings or mediation is possible Note: Some courts in states with fewer reported cases of the virus are staying open at this time....

Speaker of the House Nancy Pelosi initiated impeachment inquiries on Tuesday, September 24. Regardless of the outcome, it is a notable historical event in U.S. history that will provide precedential value in potential future impeachment considerations. It is a complex area of the law, one which “vexed the framers” in the words of one Supreme Court justice. Below you can find links to the U.S. Constitution where impeachment is mentioned, as well as a summary of various legal theories about the process of impeachment....

This is a case about a fax. In 2008, well after the rest of the world had retired its fax machines, Custom Mechanical Equipment faxed CE Design an unsolicited advertisement, perhaps because their carrier pigeon had the day off. CE Design reacted proportionately – by filing a class action lawsuit. Custom’s insurer, Emcasco, refused to defend the junk faxers, not just because they were embarrassed to represent a company that advertised via fax....

Having trouble using CM/ECF filing and PACER? It’s not just you – the Second Circuit’s CM/ECF/PACER system is only going to be semi-functional this week as the court migrates to the “NextGen CM/ECF” system. What do you do if you need to submit filings under deadline? CM/ECF filing was suspended at noon today, so for now, you’ll have to party like it’s 1995 and use email attachments. As for case dockets and documents, that part of the system will be online until midnight on Friday, then closed until noon on Monday....

In a case involving a violent armed robbery of a MacDonald’s restaurant, grant of a petition for writ of habeas corpus is reversed where: 1) the challenged questions asked by the prosecution at trial did not transgress the holding of Doyle; and 2) the state appellate court analysis of the harmless error question was a reasonable application of the Chapman standard. Read Johnson v. Acevedo, No. 08-1731 Appellate InformationAppeal from the United States District Court for the Northern District of Illinois, Eastern Division....

For a second time now, a jury has ruled that Roundup, the weed-killer made by Monsanto, which was just purchased by Bayer, has caused an individual’s cancer. This week’s verdict hasn’t assessed liability or damages yet, as those are part of phase 2 of the trial. In this phase, the jury only ruled that, according to evidence it heard, Roundup was a substantial factor in causing the plaintiff, Edwin Hardeman, to develop non-Hodgkin Lymphoma, a form of blood cancer....

In plaintiff’s ERISA suit against an insurance company for denying his claim for dismemberment benefits arising from a drunk-driving motorcycle accident, summary judgment for defendant-plan administrator is reversed and remanded for entry of judgment in favor of the plaintiffs where: 1) defendant’s decision to deny benefits to the plaintiffs was contrary to the everyday meaning of the word “accidental” as it would be understood by a typical policyholder, and was based almost entirely on a body of largely distinguishable district court cases; 2) plaintiff’s injuries were not “highly likely to occur” as a result of his intoxication, in contrast to the injuries that were highly likely to occur under the facts in Lennon; 3) defendant’s interpretation of the Plan’s provisions amounts to an additional, unwritten exclusion for all drunk-driving injuries, which is not permitted under even the most deferential standard of review; and 4) defendant’s denial of coverage based on plaintiff’s injuries being non-accidental was unreasonable, arbitrary and capricious....

We recently discussed the appointment of Jean Peters Baker as special prosecutor to take over the investigation of the high-profile sexual assault case of Daisy Coleman, the Maryville teen who was allegedly raped by a high school football player and then harassed relentlessly for being a victim. Here are five facts about Baker that may make a difference in the handling of the case this time around. Do you think Jean Peters Baker is a good fit for the Maryville rape case?...

If you’re an ERISA lawyer or a history nerd, the Ninth Circuit has a case just for you. The pension plan in question was covered under ERISA, which requires that assets be held in trust and which prohibits fiduciary self-dealing. The court delves deep, with scholastic glee, into the history of trusts when finding that ERISA plans don’t need to be labeled “trust instruments.” Its holding that administrators may not pay themselves from the funds is, sadly, less ornate, if not less important....

Our environments are filled with chemicals. Some of them occur naturally, while some were introduced by people. Unfortunately, some of the chemicals introduced into the environment by people — by companies, specifically — can and do cause serious health issues. One such group of chemicals currently receiving attention are per- and polyfluoroalkyl substances (PFAS). Companies that manufacture and use PFAS are hesitant to impose limits on the chemicals, but a variety of entities are taking legal action to prevent continued use of PFAS....

Say what you will about the Sharonville, Ohio, police. But you can’t deny that they have a sense of humor. In an incident that has already gone semi-viral, the cops in that town were on the receiving end of a phone call recently from a man who accused them – the cops, that is – of stealing four grams of his “really f—ing good weed,” and demanding that they return it....

Did you see the kid who did a Rubik’s Cube in less than five seconds? That’s faster than most Corvettes can do zero-to-sixty. That’s faster than a Wall Street crash. And that’s about how long it took – give or take a week – to sue the Rubik’s company after it dismissed a lawsuit against a competitor. In Cubicle Enterprises, LLC v. Rubik’s Brand Limited, the New York-based puzzle maker claims Rubik’s patents have expired....