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It’s become an epidemic. If you’ve been to a musical festival lately, you’ve probably had your view of the stage blocked by a veritable forest of arms holding cellphones aloft to record the show. Or maybe you are a patron of more highbrow places, like theaters and symphony halls, and have seen how cellphone recording is creeping into those spaces as well. Judging by appearances, it looks as though a lot of people are OK with recording performances....

As the highly transmissible delta variant of COVID-19 spreads across the country, many businesses are again tightening safety precautions to help curb the spread of the disease, like reinstating mask mandates or requiring that employees be vaccinated. Many colleges and universities, still hoping that students can return to in-person schooling in the fall, are also requiring that students be vaccinated. But if a school receives funding from the government, can they still enact a vaccine mandate?...

While a couple dozen states and some U.S. territories have legalized the usage of medical marijuana, and 18 states have legalized recreational cannabis usage, all types of usage remain illegal federally. But what does that mean in practice? And can you fly with marijuana? State vs. Federal Legality When state and federal laws exist in contradiction, federal law always triumphs, as established by the Supremacy Clause of the U.S. Constitution and many Supreme Court cases, including McCulloch v....

In an Americans with Disabilities Act action alleging failure to provide restroom accommodations in Defendant’s store, summary judgment for Defendant is affirmed where Plaintiff did not have standing to challenge barriers he did not personally encounter. Read Chapman v. Pier One Imports (U.S.) Inc., No. 07-16326 Appellate Information Argued February 11, 2009 Filed June 29, 2009 Judges Opinion by Judge Smith Counsel For Appellant: Lynn Hubbard III, Law Offices of Lynn Hubbard, Chico, CA...

Byron Allen started his career as a comedian, but he wasn’t afraid to talk about serious subjects. In his first television appearance, he stood in front of an audience and joked about his parents beating him as a child. When he grew up to be a television producer, however, he got tired of getting knocked around. In National Association of African American-Owned Media v. Charter Communications, Allen sued a cable giant for discriminating against African American media companies....

Just because something is legal, doesn’t mean everyone will purchase it legally. For instance, people still download pirated copies of music and movies rather than pay for them. And gun buyers may prefer to eschew the mandatory background checks and waiting periods associated with legal firearm purchases. The same is true for marijuana. In the year and a half after California legalized recreational marijuana sales, the state has seized over $30 million in illegal weed, much to the chagrin of dispensaries that are following the 300-page rulebook....

In plaintiffs’ action against their former employer for breach of fiduciary duty involving elimination of a preexisting retiree medical benefits plan, district court’s judgment is affirmed where: 1) district court correctly concluded that twelve of the fourteen plaintiffs could prevail on their breach of fiduciary claims as the facts demonstrate that defendant breached the duty by both misrepresenting and inadequately disclosing material information regarding retiree medical benefits on which the twelve plaintiffs relied to their detriment; 2) remedies ordered by the district court were carefully prescribed and are consistent with both the statutory language of ERISA and applicable case law; 3) district court did not err in refusing to order retrospective monetary relief as it is not an appropriate equitable remedy under ERISA; and 4) district court did not abuse its discretion in awarding attorneys’ fees....

To say that regulation surrounding marijuana has changed in the last decade could go down as one of the bigger understatements in recent history. Over half of state governments have legalized at least some uses of marijuana. Adults over 21 can now use marijuana recreationally in 11 states and Washington, D.C., while 33 states have legalized medical marijuana. And like any other business, cannabis ventures need legal advice. Law firms across the country have begun formal cannabis practices, but with marijuana still illegal at the federal level, things can get dicey....

It was a sad day in the Seventh Circuit last Tuesday, as Seventh Circuit Judge Richard Cudahy died of natural causes in his home. Judge Cudahy, a Carter appointee, joined the circuit in 1979 and served for a total of 36 years, with 15 years on active status. He was 89 years old. Judge Cudahy was “unusually productive,” his Seventh Circuit bio notes. And though he got his start in the U....

This weekend marks the 20th anniversary of Justice Clarence Thomas’s confirmation to the Supreme Court. The jurist has certainly proven his value on the Bench - this year, he became the 14th justice honored with a Greenbag bobblehead - but rarely has a justice who speaks so little been such a lightning rod for criticism. This year alone, Justice Thomas has been branded “too biased” to hear an individual mandate appeal, too critical of left-leaning law schools, and too secretive about his financial disclosures....

This morning, the Supreme Court turned down a second appeal from Liberty University, a private religious college in Lynchburg, Virginia. And while the rejected case is notable because it deals directly with the employer mandate portion of the Patient Protection and Affordable Care Act (ACA), it does beg the question of whether this rejection shines any light on last week’s certiorari grants in the similar-yet-distinct contraception mandate cases. Liberty sought to challenge the portion of the ACA that mandated that employers provide medical coverage, arguing that the law went beyond Congress’s powers under the Commerce Clause and that it violated the university’s religious tenets....

In an action for breach of a collective bargaining agreement and breach of the duty of fair representation brought under the Labor Management Relations Act, district court judgment is affirmed where: 1) the court did not err in ruling against plaintiff in his claim that co-defendant International Union of Operating Engineers, Local 399 breached its duty of representation as no rational jury could find that the union was irrational in executing the memorandum of agreement with the company, and the union did not abandon the arbitration of plaintiff’s termination in bad faith; 2) plaintiff’s argument that the enactment of the substance abuse policy breached the collective bargaining agreement failed as the memorandum of agreement the union entered into operated as an amendment to the collective bargaining agreement, and thus any claim that the company breached the agreement was resolved by the memorandum; and 3) the court did not abuse its discretion in denying defendant’s motion Rule 11 sanctions against plaintiff as defendant has not shown that plaintiff litigated in bad faith or that he advanced a frivolous claim....

All of the advances in vehicle safety technology don’t really mean a lot for walkers, runners, and bicyclists. Pedestrians of all types are still at the mercy of drivers. And new data released late last month harshly drove that point home. According to a new estimate from the Governors Highway Safety Association, despite the pandemic, pedestrian deaths increased an estimated 21% in 2020, compared to 2019. This comes after the GHSA, a nationwide road safety organization, reported that pedestrian deaths in 2019 hit a 30-year high and increased by 50% over the last decade....

In an action raising claims of retaliation and a hostile work environment, summary judgment in favor of plaintiff’s former employer is affirmed where: 1) the company did not retaliate against plaintiff for filing the discrimination charge when it eliminated her position as it was eliminated by a company-wide restructuring; 2) although plaintiff claims that the company also retaliated against her when it did not hire her for one of the open positions after the restructuring, it hired the person who had previously held the position; and 3) the relatively isolated gender-based comments and remarks plaintiff’s supervisor directed toward her were not sufficiently severe or pervasive to rise to the level of a hostile work environment....

The Supreme Court has been in a generous mood this week. On Monday, the Court made it easier for patent holders to get treble damages for patent infringement and yesterday a unanimous Court ruled that the reasonableness of a party’s claims should not be the determining factor when awarding attorney’s fees under the Copyright Act’s fee-shifting provisions. The opinion, written by Justice Kagan, revived a $2 million claim for attorney’s fees by Supap Kirtsaeng, a former Thai student who had been sued by an American textbook publisher....

An appellate brief is anything but brief. In the Third Circuit Court of Appeals, the body of principal briefs can be up 30 pages (or 14,000 words/1,300 lines), and the body of reply briefs can be up to 15 pages (or 7,000 words/650 lines). That’s a lot of paper, and it doesn’t even include the tables, statements, arguments, certifications, attachments, covers or fancy bindings. Of course, we’re not talking about only one copy of each brief....

In a dispute involving a maritime attachment and garnishment against a corporate alter ego, district court order vacating the attachment is affirmed where, if a corporation is registered with the New York Department of State and therefore found within the district for the purposes of Rule B of the Supplemental Rules for Admiralty and Maritime Claims and Asset Forfeiture Actions, that corporation’s alter egos are also found within the district and the property of those alter egos is not subject to maritime attachment....

Defendant’s sentence for fraud or misapplication concerning federal funds is affirmed where: 1) an obstruction of justice enhancement imposed by the district court was appropriate because defendant ordered the destruction of time records that would have shown inconsistencies in reporting practices; 2) the major role enhancement was appropriate because defendant’s high-placed role in the scheme was undisputed; and 3) there was no clear error in a district court’s finding that defendant’s illegal conduct involved more than ten and less than fifty victims....

In a drug conspiracy prosecution, the denial of defendant’s motions to suppress is affirmed where: 1) the government’s application to wiretap defendant’s residence contained a full and complete statement as to whether or not other investigative procedures would be successful; 2) the issuing judge did not abuse his discretion in finding that the wiretap was necessary; and 3) the district court erred in finding a lack of probable cause to search defendant’s residence....

Defendant’s sentence for illegally reentering the U.S. is affirmed where kidnapping under Cal. Penal Code section 207(a) and second-degree robbery under Cal. Penal Code section 211, of which defendant was convicted, are “crimes of violence” under Section 2L1.2 of the Sentencing Guidelines. Read US v. Juarez-Galvan, No. 08-3211 Appellate Information Filed July 20, 2009 Judges Opinion by Judge Tacha Counsel For Appellant: Timothy J. Henry, Assistant Federal Public Defender, Office of the Federal Public Defender for the District of Kansas, Wichita, KS...