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And they say nothing exciting happens in Cleveland. A couple weeks ago, we relayed a few salacious rumors about Case Western Reserve University School of Law Dean Lawrence Mitchell’s semi-extra-curricular interests. According to a lawsuit filed by a disgruntled professor and former associate dean, as well as a flyer distributed at a recent university event, Dean Mitchell had allegedly been carrying on sexual relationships with students, lawyers, and staff members....

Kenneth Dean Sturm may have asserted the creepiest defense yet to a child pornography possession charge. Sturm was indicted for knowing possession of three specific images of child pornography and knowing receipt of materials containing images of child pornography. At trial, Sturm did not dispute he had searched for and viewed child pornography on the Internet; at the time, such conduct was not a federal crime. Instead, he argued that viewing and search for child pornography doesn’t qualify as receiving the images....

In a shareholder derivative action seeking disgorgement of profits from AOL corporation’s sale of its InfoSpace stock, summary judgment for defendant-AOL is affirmed where the relationship between defendant and InfoSpace did not create a beneficial stock ownership situation such that defendant was an insider. Read Dreiling v. Am. Online, Inc., No. 08-35095 Appellate Information Argued and Submitted May 7, 2009 Filed August 19, 2009 Judges Opinion by Judge Smith Counsel...

Wolfe v. Schaefer, 10-1016, involved an attorney’s 42 U.S.C. section 1983 suit against the State Attorney and others, arising from his failed 2008 bid for State’s Attorney of Cumberland County, Illinois, claiming that defendants violated the Fourth Amendment and the due process clause of the Fourteenth Amendment by publicly disclosing that plaintiff was under investigation by Illinois state agencies for possible violations of legal ethics, tax law, and unemployment-insurance law. In affirming the district court’s dismissal of the suit, the court held that the fact that a candidate for public office is under investigation for legal and ethical violations is a matter of substantial public interest....

Most headlines about mass shootings have a common thread. In many cases, family, friends, or acquaintances knew that the perpetrator was a troubled individual. Additionally, death by suicide is the leading cause of death in the U.S., half of which involve guns. So, gun-control advocates argue, can something be done to ensure disturbed individuals can’t access a gun? In response to the increase in suicides and mass shootings by troubled individuals, many states implemented “risk protection orders” or “extreme risk orders,” also known as “red flag” laws....

Ronald Deere has been described in many ways, none of which are positive. Murderer. Incompetent. Suffering from either multiple personality disorder or borderline personality disorder. A man with a death wish. The late Judge Fred Metheny, who presided over his 1982 trial, sentencing, and resentencing, barely fares better, being described as eccentric, incompetent, senile, and suffering from dementia and Alzheimer’s. The California Supreme Court reversed the death sentence and remanded for resentencing, this time requiring mitigating evidence....

Bankruptcy court judgment sustaining the objection to creditor Avnet, Inc.’s untimely claim against the estate of MarchFIRST in a bankruptcy proceeding is affirmed where: 1) the court properly rejected Avnet’s argument that MarchFIRST should have accepted the faxed submission of its proof of claim forms, as the bankruptcy notice was sufficiently clear that submission by mail or by hand were the only permissible methods of transmittal; and 2) the court did not abuse its discretion in declining to deem Avnet’s claim timely under Federal Rules of Bankruptcy Procedure 5005(c), as Avnet did not offer convincing justification or explanation for its untimely filing....

Political polarization is peaking online and in communities across the United States, with just weeks to go before the 2020 General Election. The division is clear on social media – take look at the comment section of a political post, if you dare – and also from increased reports of campaign yard-sign theft and vandalism. Yard signs supporting President Donald Trump, former vice president Joe Biden, and other state and local candidates are all being targeted by those with opposing viewpoints....

In an action brought under the Commodity Exchange Act involving allegations that defendant cornered a futures market, district court’s certification of a plaintiff class is affirmed where: 1) at least one member of the certified class has a plausible claim to have suffered damages and thus the requirement of standing is satisfied; 2) defendants have not shown that the class definition clearly was overbroad; and 3) it would be premature to deny a class certification because of a potential conflict of interest that is and may not become actual....

In plaintiff’s class action lawsuit against the Chicago Board of Election Commissioners (Board) alleging violation of the Driver’s Privacy Protection Act (DPPA), dismissal of the complaint is affirmed as, since a voter registration form filled out at the DMV is not a motor vehicle record under the DPPA, the Board could not have violated the DPPA by disclosing plaintiff’s personal information to the extent that it did. Read Lake v. Neal, No....

In recent years, a significant number of researchers, academics, and writers (including those of us at FindLaw) have devoted time and word counts to concerns over mental health in the legal profession. However, many new initiatives focus only on attorneys – leaving other professionals out in the cold. Law firm staff endure many of the same pressures and toxic environments as attorneys; yet, they often don’t have the same resources to deal with them....

In an action stemming from an allegedly unlawful arrest brought under 42 U.S.C sec. 1983, district court judgment is affirmed where plaintiff failed to establish the existence of a genuine issue of material fact concerning whether the officer had probable cause to arrest him for battery, and probable cause is an absolute bar to a 42 U.S.C sec. 1983 claim for false arrest. Read McBride v. Grice, No. 08-3556 Appellate InformationAppeal from the United States District Court for the Central District of Illinois....

Social Security Benefit Denial In Moore v. Astrue, No. 10-1126, plaintiff’s appeals of a decision of a district court affirming the decision of the Commissioner of Social Security to deny his applications for supplemental security income, the court affirmed where 1) there was medical evidence to support the alternative position taken by the ALJ that plaintiff could handle interactions with coworkers on an “infrequent” basis; 2) there was substantial evidence to support the ALJ’s determination that plaintiff could “adapt to infrequent work changes” and perform “simple, routine and repetitive work activity”; and 3) there was no direct conflict between “carrying out simple job instructions” for “simple, routine and repetitive work activity,” as in the hypothetical, and the vocational expert’s identification of occupations involving instructions that, while potentially detailed, were not complicated or intricate....

We don’t fault attorneys for resorting to creative arguments to halt foreclosure; it’s an attorney’s job to represent her client zealously. But when the Tenth Circuit Court of Appeals strikes down a legal theory, we try to clue you in so you don’t waste your time making a similar argument in the future. That brings us to today’s now-defunct foreclosure theory: MERS can’t foreclose on a home on Utah. According to a multiple Tenth Circuit opinions, that’s simply not true....

The need for clean, renewable energy is growing ever more urgent in the face of worsening climate change predictions. But large scale green energy developments aren’t without their environmental costs. Wind turbines can turn into deadly Cuisinarts when placed in a bird’s migratory path; sprawling solar farms can displace endangered desert wildlife. And such was the conflict in a recent Ninth Circuit case, in which the court was asked to determine if plans for an Oregon wind farm adequately calculated the impact of the project on the greater sage grouse....

After watching the inauguration in January, Cameron Myers Milne — a sixth-grader from Wilson, North Carolina — decided to write the justices to explain her position on Hollingsworth v. Perry and U.S. v. Windsor. Granted, the proper format for making her case would be an amicus brief, but let’s agree to give her a break. Because she’s 11. And she actually received a response from Justice Sonia Sotomayor, WNCT-CBS reports....

In an adversary proceeding in bankruptcy court for violation of an automatic stay, judgment for defendant is affirmed in part where plaintiff violated his duty to ensure that his actions did not prolong a violation of the stay that resulted from a state court motion seeking relief against defendant that plaintiff filed prior to the bankruptcy. However, the damages award entered by the district court is vacated where defendant could recover as actual damages only those attorney’s fees related to enforcing the automatic stay and remedying the stay violation, not the fees incurred in prosecuting the bankruptcy adversary proceeding in which he pursued his claim for those damages....

If you were just thinking, will this ever go away, then we’re on the same page. And the short answer to your question is: no. Though we’re headed there … we think. Last Friday, the Second Circuit handed down the latest in a series of decisions that have been going back and forth between the Southern District of New York and the Second Circuit Court of Appeals. While there will doubtless be more appeals, we’re hoping that we’re getting close to the end on this issue....

There’s no question that Supreme Court decisions affect the economy. (Lochner, anyone?) But now, a new study has identified just how much of an impact recent Court rulings have had on Wall Street. Between 1999 and 2013, 79 Supreme Court rulings have had identifiable effects on the market, the study found. In all, those 79 rulings lead to more than $140 billion in absolute changes in wealth. The most impactful cases resulted in companies’ stocks soaring, or plummeting, by billions in a matter of hours....

When the Supreme Court reconvened on Monday to hear its first oral arguments since Justice Scalia’s passing, the justice’s regular chair sat empty, draped in black. For a man who had such an impact on the court, and particularly on its oral arguments, Scalia’s absence was palpable. Now, with only eight justices left to hear and decide cases for the immediate future, how will oral arguments and the Supreme Court be affected?...