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Do governors have the power to allow National Guard troops in their states to refuse U.S. Defense Department mandates to be vaccinated? That question recently surfaced as seven Republican governors have fought against Defense Secretary Lloyd J. Austin III’s mandate that all service members be vaccinated against the coronavirus. The governors requested that Austin grant exemptions for National Guard troops in their states, and in late January, Austin refused. The disagreement began last August, when Austin issued the mandate, contending that “to defend this Nation, we need a healthy and ready force....

We apologize for the brief interlude between posts, but we are back and ready to update you on the goings-on in the Third Circuit. The Supreme Court reversed a Third Circuit’s opinion in a case that reads like a Lifetime made-for-television movie. Not to be outdone by the Supreme Court, a Pennsylvania county clerk is stirring up more trouble in the same sex marriage scenario. In less dramatic news (hopefully), Delaware is on its way to getting a new judge on its Supreme Court....

The Second Circuit called it “doctrinal novelty.” Others might have called it made-up law. The U.S. Attorney’s Office for the Southern District of New York, led by Preet Bharara, called it insider trading despite increasingly tenuous connections between the traders and the tipsters, and a complete and utter lack of proof that the traders knew that the tippers benefited from the trades. In short, it was a crime without a mens rea....

Employers look for ways to hire and retain talented employees. They now offer work-from-home options, summer Friday schedules, and other perks. Some companies even allow a “take your dog to work day.“ Pet-friendly workplaces are rising in response to employee demand. However, not everyone is a dog lover, and not all workplaces have pet-friendly policies. In recent news, Hobby Lobby is under fire for alleged employment discrimination for banning an employee’s service dog....

Primaries play an important role in the election process. They allow voters to work out what qualities and policies they want their party’s standard-bearer to display and advocate for. They are a far cry from the “smoke-filled room” days when party bigwigs met in secret to decide who would represent the party in a general election. Imagine how different the elections of 2008, won by the young change agent Barack Obama, and 2016, in which Donald Trump effectively channeled the country’s anger, could have turned out if both were kept from getting their party’s nod by the powers that be....

Transcript Panel 1: A worried purple character sits in a car, holding a ticket that says “U drove 2 fast.” A speech bubble with the comic title comes from the character’s mouth and says, “I just got my license and got a speeding ticket: Now what?” Panel 2: A large speeding sign that says “speed limit 55” stands with its hands on its “hips” far above a bunch of cars that are clearly speeding....

Evans v. Poskon, No. 09-3140, involved a prisoner’s 42 U.S.C section 1983 suit claiming that his fourth amendment rights were violated when the officers used excessive force during and after his arrest. The district court granted summary judgment in favor of the defendants on the ground that Heck v. Humphrey, 512 U.S. 477 (1994), bars defendant’s claim because his assertion that he did not oppose being taken into custody contradicts his conviction for resisting arrest....

This could get ugly. In the days before Christmas, Holly Lobby was given neither 2 turtle doves, nor 11 pipers piping. Instead, the self-described “evangelical Christian” owners were given something far less desirable: a rejection of their request for an injunction against enforcement of the Affordable Care Act’s birth control provisions. Unfortunately for them, the lower court ruled that there is an exception in the Religious Freedom Restoration Act (RFRA) for secular for-profit businesses and that enforcement of the Obamacare mandates would not substantially burden their exercise of religion....

During a conference with over a 100 lawyers in his courtroom, District Court Judge Dan Polster, who has been assigned to handle the consolidated multi-district litigation in the Opioid crisis cases, demanded that the parties in the extraordinarily complex litigation try to figure out a way to settle the whole matter. In his remarks, Judge Polster explained his belief that everyone in litigation is somewhat responsible for the current opioid epidemic....

Last week, the Ninth Circuit upheld the conviction of Hamid Hayat, a man with a seventh-grade education who confessed to attending a terrorist training camp after intense interrogation. His statements were corroborated by the testimony of a paid informant, with credibility issues, and the testimony of an expert who stated that the prayer in Hayat’s wallet would only be carried by a “jihadist.” He was convicted of providing material support to terrorists, or as the government put it, having a “jihadi heart” and a “jihadi mind....

In Chapter 11 proceedings involving a bid for the debtors’ largest asset, a power plant, bankruptcy court’s denial of a bidder’s request for disbursement of administrative expenses in the form of a break-up fee from the estate is affirmed as the court did not abuse its discretion when it concluded that an award of a break-up fee was not necessary to preserve the value of the estate. Read In re: Reliant Energy Channelview LP, No....

Perhaps the Sentencing Guidelines should have included an enhancement for past “nefarious deeds” instead of past “crimes of violence” because no defendant seems willing to concede that his past conviction constituted a crime of violence. It’s understandable that – when faced with additional time in the slammer – a defendant would fight for his freedom. But the “crime of violence” designation can be confusing. Today’s Tenth Circuit Court of Appeals case provides an example....

For lawyers, keeping organized is incredibly important. And if you’ve been riding the KonMari Method wave, both in your personal and professional life, you might be looking for more spaces in the world around you that are ripe for tidying up. If you’ve already applied the Marie Kondo method to your law office and your client lists, you may want to consider tackling your legal marketing next. Below, you can get a few tips on how to tidy up your legal marketing....

RICO Action Dismissal Affirmed In Norex Petro. Ltd. v. Access Indus., Inc., No. 07-4553, a RICO action alleging various injuries to plaintiff arising from the activities of defendants’ alleged international criminal enterprise, the court affirmed the dismissal of the complaint where 1) the question of the justiciability of the RICO claims is properly one of whether the complaint adequately states a claim for relief; and 2) because the RICO statute lacked a clear statement of extraterritorial reach, plaintiff’s claims are barred....

The issue of abortion is again before the Supreme Court, with certiorari granted to review a decision by the Oklahoma Supreme Court which struck down a statute barring the off-label use of abortion-inducing drugs. We took the time to learn the prerequisite medical vocabulary, then reviewed an amicus brief in favor of the law. Today, we’ll look at the arguments against the statute, as made in the opposition to the petition for certiorari, including the issue that is presently confounding the Supreme Court....

Lin v. Holder, No. 06-73377, involved a petition for review of the BIA’s denial of petitioner’s application for asylum and requested withholding of removal under the Immigration and Nationality Act (“INA”) and protection under the Convention Against Torture (“CAT”). The Ninth Circuit granted the petition in part, on the ground that petitioner established by clear and convincing evidence that he filed his asylum application within one year of arriving in the United States and that the case must be remanded to the BIA for consideration of his asylum claim on the merits....

In plaintiffs’ suit against defendant-Port Authority under the FLSA, alleging they were denied proper overtime pay as helicopter pilots, summary judgment in favor of plaintiffs is affirmed where: 1) Port Authority helicopter pilots are not “learned professionals” and are not exempt from the provisions of the FLSA; 2) district court correctly concluded that Port Authority’s violation of the FLSA was not willful, and that plaintiffs were thus entitled to only two years of back pay, not three; and 3) district court did not abuse its discretion in awarding prejudgment interest to plaintiffs....

Republican presidential-hopeful Rick Santorum wants to abolish the Ninth Circuit Court of Appeals because the Kozinski-led crew form a “rogue court.” Never mind the logistical nightmare that would emerge from axing the largest appellate circuit and banishing its life-tenured jurists to Guam; Santorum’s plan would succeed in eliminating opinions like last week’s reversal in U.S. v. Kurt Havelock from ever seeing the ink of Westlaw. Last week, the Ninth Circuit Court of Appeals overturned Havelock’s conviction for mailing threatening communications, finding that threatening communications must be addressed to an individual, natural person to fall within the scope of the crime....

As you know, qualified immunity often shields cops who have behaved badly. This year, however, the Seventh Circuit Court of Appeals took big steps in reining in qualified immunity by tackling a number of cases involving bad police judgment. Below, we’ve included three of the more interesting cases in which qualified immunity was denied this year. Tamara Phillips said Waukesha, Wisconsin police officers shot her four times in the leg with an SL6 baton launcher after she disregarded orders to exit her car....

Defendant’s convictions for conspiring to violate civil rights and theft of government property are affirmed where: 1) the fact that defendants were unsuccessful in making the drug transaction at issue was irrelevant to their culpability for conspiring; 2) defendants’ subjective motivations were relevant to prove the intent to deprive property without due process of law under 18 U.S.C. section 241; and 3) a criminal violation of section 241 may occur even if the state provides a post-deprivation remedy....