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District court’s decision denying defendant’s motion to reduce his sentence under 18 U.S.C. section 3582(c)(2) is remanded as the court’s written analysis on the order form with a single sentence of explanation is a bit too terse to allow meaningful review of its decision, and here, the problem arises from the fact that it is impossible to ensure that the district court did not abuse its discretion if the order shows only that the district court exercised its discretion rather than showing how its exercised that discretion....

We have a lot of respect for judges with longevity. We all know how long Justice Stevens hung around, and if Justice Ginsburg maintains her passionate stance from this summer, they’ll have to someday pry the gavel from her hands. Truly impressive is former Chief Justice John Marshall, the fourth-longest-tenured justice in U.S. history (despite the fact that he lived in the 1800s, when a cough was treated with a snort of mercury and a leach attached to one’s left breast)....

An important abortion rights case in Arkansas is headed back to the district court following the 8th Circuit’s decision to vacate a preliminary injunction. The U.S. District Court for the Eastern District of Arkansas granted the injunction in July of 2017 requested by the plaintiff, physician Frederick W. Hopkins. The decision blocked four state abortion laws from taking effect in 2017 and 2018: The Arkansas Unborn Child Protection from Dismemberment Act The Sex Discrimination by Abortion Prohibition Act An amendment to state law concerning the disposition of fetal remains An amendment on how forensic samples from abortions are maintained Under these statutes, doctors who provided abortion services would face civil, professional, and even criminal penalties....

In a petition for review of a BIA order removing petitioner from the U.S., the matter is transferred to a district court for further review where there was a genuine factual dispute concerning the identity of petitioner’s father, and the resolution of this factual dispute would determine whether petitioner acquired derivative citizenship. Read Ayala-Villanueva v. Holder, No. 07-70110 Appellate Information Submitted June 11, 2009 Filed July 14, 2009 Judges Opinion by Judge Hug...

Oral arguments are just about a month away in Glossip v. Gross, the SCOTUS case challenging Oklahoma’s use of lethal injections, and the briefs are just beginning to arrive. Glossip challenges Oklahoma’s use of a three drug lethal injection cocktail, which has been connected to several botched executions. The drugs in question, potassium chloride, pancuronium bromide and midazolam, are meant to work in concert to achieve a relatively humane execution. midazolam anesthetizes the prisoner, pancuronium bromideparalyzes him, while potassium chloride stops his heart....

Even though an artist may be the voice of a song, they rarely have full control over where and when their music can be played. President Donald Trump has been warned on multiple occasions by musicians that they want him to stop using their music at rallies or in videos. But do they have the legal right to demand he stop? Video Copyright The writers of a song automatically receive copyright for their original creation....

Timothy Barkovic is a Michigan criminal defense lawyer and a self-described “outspoken critic of police conduct.” Based on today’s case from the Sixth Circuit Court of Appeals, we doubt he will change his tune any time soon. Barkovic and Terrance Hogan, an 11-year veteran of the Shelby Township Police Department, got into a verbal and physical fight in the hallway of the District Court Courthouse in Shelby Township, Michigan. Hogan reportedly pushed Barkovic into a door frame, injuring Barkovic....

In an action seeking abatement of defendants’ ongoing contributions to the public nuisance of global warming, the dismissal of the complaint is vacated where: 1) plaintiffs’ claims did not present non-justiciable political questions; 2) plaintiffs had Article III standing to bring their claims; 3) plaintiffs stated claims under the federal common law of nuisance; 4) plaintiffs’ claims were not displaced by the Clean Air Act; and 5) the discretionary function exception did not provide defendant Tennessee Valley Authority with immunity from suit....

Divorce is painful enough, but beating a man to sign divorce papers? Oy vey! Yet that’s what three Jewish rabbis were doing. They kidnapped husbands, then beat and tortured them to finalize their religious divorces. And you thought circumcision was painful! “Against Their Religion” Rabbis Mendel Epstein, Jay Goldstein, and Binyamin Stimler were caught in the act and charged with conspiracy to commit kidnapping in 2013. Prosecutors said they used brutal methods and tools, including handcuffs and electric cattle prods, to force Jewish men to participate in divorce proceedings....

If you’ve ever stayed in an ADA-accessible hotel room, you understand that such rooms are designed to make life easier for guests with disabilities. Sinks are lower. Showers are bigger and outfitted with handrails. The rooms are designed to minimize the risk of injury. So you can understand why a guest might be surprised – upset, even – when a spring-hinged door in her accessible room smacks her. And lands her in the hospital with injuries....

When President Donald Trump crashes a wedding, even at own of his own golf courses, even in New Jersey, it’s “news.” And when things start trending or going viral on social media, online publishers are always eager to jump on the bandwagon chasing after those clicks and views, which translates into revenue. Unfortunately for “news” publishers, using a photo sourced from social media may be getting a little bit trickier due to one wedding attendee’s claim to fame, or perhaps more accurately, his copyright....

In a petition for review of the BIA’s order removing petitioner from the U.S., the petition is denied where petitioner’s conviction for possessing a controlled substance under California Health and Safety Code section 11379(a) qualified as a basis for removability under 8 U.S.C. section 1182(a)(2)(A)(i)(II). Read Hernandez-Aguilar v. Holder, No. 06-71945 Appellate Information Submitted October 6, 2009 Filed November 25, 2009 Judges Opinion by Judge W. Fletcher Counsel For Petitioner:...

If you saw the movie 21, or read Ben Mezrich’s book Bringing Down the House, you’re somewhat familiar with the MIT Blackjack Team and advantage gamblers. An “advantage” gambler is a professional gambler who uses legal techniques, such as card counting, to win at casino table games. While the characters and the drama in both 21 and Mezrich’s novel were exaggerated — the movie was based on the already-fictionalized book — the basic premise behind both were true....

In plaintiff’s action against retail giant, Target, alleging that it had violated sections 1642 and 1637 of the Truth in Lending Act (TILA), district court’s grant of summary judgment in favor of Target and denial of plaintiff’s motion for class certification of TILA claims is affirmed where: 1) the district court did not clearly err in denying plaintiff’s motion for class certification of her section 1642 claim as it is readily apparent that her claim is very different from the claims of the majority of the class members; and 2) district court did not err in denying plaintiff’s motion for class certification with respect to the section 1637 claims as plaintiff was ineligible to serve as a class representative because she did not have a claim under either section 1637(a) or section 1637(b)....

A federal appeals court revived a copyright suit by photographers who claim the National Football League used their images without paying royalties. The U.S. Second Circuit Court of Appeals reversed a trial judge who dismissed their complaint early in the case. The appeals court said the plaintiffs alleged enough to proceed to trial. It’s been a long time coming for the freelance photographers, who filed Spinelli v. National Football League five years ago....

In the muddy shallows of the Mississippi River, a group of friends stands with goggles on, trudging through the water looking for submerged holes or logs. Another group stands near the boat launch looking through the broken concrete or around the dock. They are on a hunt for catfish habitats. One of the friends finds a hole and dives under the water, reaching an arm into the mud, just hoping one will latch on....

Ever since the passing of Justice Antonin Scalia, the Supreme Court has seen itself caught in the middle of a partisan tug-of-war over the future of the Court. First, Senate Republicans blocked any consideration of Merrick Garland, refusing to hold even one hearing on President Obama’s nominee. Then, Democrats filibustered Neil Gorsuch’s confirmation vote, leading the Senate to “go nuclear” in order to get Gorsuch on the Court. For the branch of government that must view itself as above the political fray, the battle was jarring....

Need further proof that the Prop 8 litigants can’t agree on anything? In February, the Ninth Circuit Court of Appeals decided in Perry v. Brown that California Prop 8 was unconstitutional. Two weeks later, Prop 8 proponents ProtectMarriage asked the Ninth Circuit for en banc rehearing of the case. Now, the Prop 8 opponents are asking the Ninth Circuit Court of Appeals to deny rehearing. ProtectMarriage asserted five pro-Prop 8 arguments in its February 21 request for en banc rehearing:...

Appeal From Costs Award In Regional Air, Inc. v. Canal Ins. Co., No. 09-6090, both parties’ appeal from an award of costs in favor of plaintiff, the court vacated where 1) in its Okla. Stat. section 3629 analysis, the district court appeared implicitly to consider the appraisal award part of its judgment, and should have explicitly recognized that in awarding costs; 2) defendant thus had abundant notice that plaintiff was incurring storage costs and expected defendant to pay them; and 3) the district court’s interest award and remand this matter for the court to recalculate its award starting from the date or dates plaintiff’s storage cost losses reflected in the verdict were payable pursuant to the provisions of the parties’ contract....

In most states, bars and restaurants can be legally liable for serving alcohol to people who have had too much to drink. It’s called “social host liability" or “dram shop liability," and it means that if an intoxicated customer gets behind the wheel and causes an accident resulting in death, injury, or property damage, the bar or restaurant could be in legal hot water if there’s evidence that the driver should have been cut off....