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Smart meters have been a curiously controversial issue. Though most of the uproar that local news captured seemed to be from delusional paranoid individuals, it turns out there was another, more serious, and real danger. Smart meter data can tell law enforcement a lot about an individual or household. And though the use of smart meters may not seem like such a huge intrusion upon a person’s individual civil liberties and right to privacy, the Seventh Circuit explained that smart meter data does fall under the Fourth Amendment’s protections; however, city utilities, generally, have a reasonable purpose for accessing the information and therefore do not need a warrant....

District court judgment denying a petition for writ of habeas corpus is affirmed where plaintiff’s counsel did not render ineffective assistance of counsel as counsel was not required under the Sixth Amendment to explain the basis for his legal advice to plaintiff, and plaintiff was not prejudiced by counsel’s failure to introduce testimony from plaintiff’s mother. Read Starkweather v. Smith, No. 08-2354 Appellate InformationAppeal from the United States District Court for the Eastern District of Wisconsin....

The “Central Park Jogger” case, which involved a brutal rape in 1989, is one of the most famous wrongful-conviction stories in history. So when news broke recently that a new defamation lawsuit has been filed in connection with a new movie about the case, you might expect that it was brought by one of the defendants or a prosecutor or a cop. Instead, it was brought by a company that was mentioned in the movie....

The United States Supreme Court seems to be hitting the ground running in 2019 with their full bench at full strength. As reported on SCOTUSBLOG by Amy Howe, the Justices have an ambitious couple weeks of arguments to start the new year. During the second week of January, the justices will be hearing five cases, and the following week, six cases. And because the justices only hear cases a few days a week, five out of the six days, during that two-week stretch when they’ll be hearing cases, they’ll be doing two a day....

The U.S. Centers for Disease Control and Prevention and Biden White House announced earlier this week that there is now a nearly nationwide eviction moratorium in place until October 3. The announcement was an abrupt reversal after President Biden and officials said they lacked the legal authority to further extend the previous eviction moratorium, which expired on July 30. So what happened, and what can struggling renters expect to happen?...

District court’s denial of defendant’s motion to dismiss his indictment for failing to register as a sex offender in violation of the Sex Offender Registration and Notification Act (SORNA) is affirmed where: 1) nothing in SORNA or its guidelines indicates that a jurisdiction’s failure to comply with SORNA relieves offenders of the obligation to register in that jurisdiction; 2) the Ex Post Facto Clause has no application to defendant’s situation; 3) defendant had notice of his registration obligations; 4) SORNA is a proper regulation of commerce under the Lopez categories; 5) defendant, as a private part, lacks standing to raise a Tenth Amendment challenge to SORNA; 6) any impediment on defendant’s travel does not reach the Constitutional threshold of his right to travel interstate; and 7) defendant lacks standing to challenge the rule or the manner in which it was promulgated....

Defendant’s drug and firearm possession sentence is affirmed where: 1) the district court carefully reviewed the testimony of each witness and provided specific reasons for its belief of some and disbelief of others; 2) the Sentencing Guidelines’ obstruction of justice enhancement applied where a defendant targeted a prosecutor or his family; and 3) the district court’s refusal to hear from witnesses who attended the sentencing hearing to testify on defendant’s behalf did not show that the court gave inadequate consideration to the 18 U....

On Monday, all eyes will be on Neil Gorsuch’s confirmation hearing, as the Senate considers whether to approve President Trump’s nominee for the late Justice Antonin Scalia’s vacated seat – a seat that’s sat empty for over a year now. The hearings, which could last for days, are bound to be a spectacle, in all senses of the word. To help you get ready, we’ve compiled some of the internet’s most interesting pieces on Gorsuch, his background and philosophy, and what you can expect to come up at the hearings....

No matter what your religious denomination, it’s been hard to ignore the recent sexual abuse scandals involving the Catholic church. Widespread allegations of abuse of children, against dioceses from California to Pennsylvania, have led to class action lawsuits and Department of Justice investigations. Similar accusations have plagued the Church of Latter-Day Saints. But how did these scandals – and their coverups – become so widespread? Aren’t people who work in contact with children required to report abuse and neglect?...

What else is there to do for fun during a pandemic but play video games? That is why video games have never been more popular, and perhaps none more so than Fortnite: Battle Royale. The free-to-play game has had hundreds of millions of players worldwide since it debuted in 2017 and continues to see unparalleled success. Fortnite makes its money from in-game purchases, microtransactions, and a subscription option. In 2019, Epic Games brought in $1....

Pro bono work is an important part of every attorney’s practice, and if you want a chance to argue cases before the Second Circuit, pro bono work is a great vehicle for helping people, and gaining valuable trial experience. Last week, the Second Circuit announced that it is accepting applications for service on the court’s Criminal Justice Act Panel, whose members represent habeas corpus petitioners, as well as indigent criminal defendants....

So far, the Supreme Court has granted only three petitions from the Sixth Circuit, on issues as varied as prisoner litigation and securities law. Many more petitions are waiting in the wings, including same-sex marriage, the Amish beard-cutter, and limiting hours for early voting. Andre Lee Coleman v. Todd Tollefson (Oral Argument: TBD) Prisoners file a lot of lawsuits – many of them are meritorious, while others demand $3 billion from David Beckham, alleging that his soccer balls are precision-guided by satellites (actual case)....

New Mexico just became the first state to outright abolish spousal privilege. This comes after years of exceptions, workarounds and a general policy of courts to interpret the spousal privilege as narrowly as possible. While New Mexico is the first state, it may very well not be the last. Spousal Communications, a Weakening Privilege New Mexico Rules of Evidence 11-505(B) holds that “a person has a privilege to refuse to disclose, or to prevent another from disclosing, a confidential communication by the person to that person’s spouse while they were married....

In a product liability action, a denial of prejudgment interest to plaintiff is affirmed where the district court employed an improper presumption that plaintiff was not entitled to prejudgment interest simply because its damages estimates were inconsistent, but plaintiff’s damages were not sufficiently calculable to serve as a basis for prejudgment interest under Utah law. Read AE, Inc. v. Goodyear Tire & Rubber Co., No. 07-1526 Appellate Information Filed August 11, 2009...

An Air Force Captain and her family cannot plead their way around hurdles to suing the federal government, the Tenth Circuit reluctantly found last week. After Captain Heather Ortiz suffered negligent treatment at a military hospital during her pregnancy, her husband and child sued. However, the government cannot be sued for that negligence, the court found. Under a 1950 Supreme Court decision, Feres v. United States, military service members are barred from suing the government under the Federal Tort Claims Act....

In law and in sports, sometimes the game is over long before the final score. That’s what is happening in Apple v. Samsung, a patent infringement case pending in a California federal court. Two years ago, the U.S. Supreme Court overturned a $399 million award to Apple and sent it back for further proceedings. The high court having framed the issue, the trial court will have to bring it home. It’s a big game for tech companies that are waiting to see how much Apple wins this time....

The term “ghost kitchens” first appeared in a 2015 NBC New York article, but they are now an established presence in the restaurant world. Ghost kitchens are food preparation and cooking facilities, often shared by multiple operators, that produce delivery-only meals. When NBC New York pulled back the covers, they found various nefarious activities and cautioned diners that the delivery food they order might be prepared in “unregulated kitchens” lacking restaurant permits....

If you’re eating a turkey sandwich on your couch, is it really Thanksgiving? That’s what people across the country are asking themselves as Thanksgiving approaches. Whether you are one of the tens of millions who typically travel for Thanksgiving or your family lives close by, can a Thanksgiving celebration still happen with pandemic-related travel advisories and gathering restrictions in place? Every State Is Different It’s important to remember that, just like earlier in the pandemic, there are no federal stay-at-home guidelines in place....

Bradford McClean spent almost half his life working in coal mines. By the time he quit, doctors said less than one-third of his lungs were working. He claimed benefits under the Black Lung Benefits Act, then he died. His widow continued with the claim, but McClean’s employer said he died from smoking – not black lung disease. Pneumoconiosis In Spring Creek Coal Company v. McClean, an administrative law judge concluded that the miner suffered and died from pneumoconiosis, also known as “black lung disease....

They say the devil’s in the details. No, really, that’s what a law professor and an assistant dean said in their complaint against their old law school. Professor Sheldon Gelman said his $666 pay raise was intended to invoke the “mark of the beast.” Gelman alleged that Dean Craig Boise, of the Cleveland Marshall College of Law, basically called him “Satan” for organizing a union. The U.S. Sixth Circuit Court of Appeals said, well, no....