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The federal district court in Missouri refused to dismiss a potential class action case against Dr. Pepper and Snapple over the claim that Canada Dry Ginger Ale is “Made from Real Ginger.” The lawsuit alleges that the plaintiff, Arnold Webb, sent out Canada Dry Ginger Ale for testing, which discovered that the soda did not actually contain any real ginger. The lawsuit not only claims that Webb would not have purchased the ginger ale had he known it didn’t contain any ginger, it states that the company was unjustly enriched because “he was induced into purchasing the product and did not obtain the full value of the benefit conferred on defendants....

We all know the traditional protocols. When an appellate court issues a decision that would overrule a bunch of district court decisions, you appeal your adverse district court ruling to the appellate court. But when it comes to the endless cycle of litigation prompted by the National Labor Relations Board (NLRB) recess appointments, the rules suddenly change. The decision is a pretty big deal. It means that the Board lacked the requisite quorum over the last year....

With fierce competition between online sellers, there is a growing marketplace for fake reviews, especially from third-party sellers. To the untrained eye, identifying fake reviews takes more work. You need to know what to watch for to protect yourself and your hard-earned dollars from being deceived. To help you spot fake reviews on e-commerce sites as you do your holiday shopping, here are six red flags to look out for:...

He may get nothing out of this case, but former Washington State University tenured professor David Demers’ wrangling with the school over free speech and retaliation has set a legal precedent that could protect similarly situated professors, and lead to damages, for future acts that are hostile to protected speech. Demers circulated a controversial proposal to reform the university’s communications department, and wrote a book that was spoke critically of the university....

It’s already clear that the COVID-19 pandemic will take a serious toll on the economy. And as law firms adapt to social distancing and quarantine, now might also be the time to find new ways to get paid. Collection rates for law firms in 2019 averaged around 86%, but they vary by practice area. Areas often covered by solo/small practices have even lower collection rates, such as: Criminal: 83% Family law: 83% Immigration: 79% Bankruptcy: 72% That means these attorneys are missing out on 17-28% of their fees....

Wait… the Paul Bergrin trial wasn’t the only trial that Judge William J. Martini was removed from last week? Judge Martini was having a really bad Friday last week because he was removed from not one, but two cases on that same day. The Third Circuit Court of Appeals also removed him from U.S. v. Kennedy, which is now in its sentencing phase, reports the New Jersey Ledger. Last Friday, the Third Circuit Court of Appeals removed Judge Martini from the criminal trial of notorious former criminal attorney Paul Bergrin....

“I wonder if Sandra regrets stepping down when she did?” That rhetorical question, posed by Justice Ruth Bader Ginsburg in an interview with Reuters last week, says it all. Justice Sandra Day O’Connor, of course, retired back in 2007 in order to care for her ailing husband, who passed away two years later. Since then, she has kept busy by filling in at the Circuit Court of Appeals level, giving public lectures, and advocating for judicial appointments rather than elections....

In April 1989, 28-year-old Trisha Melli was assaulted and raped in Manhattan’s Central Park. That crime, along with a spree of other attacks that same night became a news sensation, sparking a national conversation about gang violence and out-of-control youth. Five young men were arrested, charged, and ultimately convicted of the crime. The media storm surrounding the case was so strong, even a pre-presidential Donald Trump got involved. But, like the prediction of so-called “superpredators” roaming our streets, those convictions evaporated over time....

FBI agents of the agency’s Cleveland Division arrested a local doctor in late August on charges of conspiracy and attempted possession relating to a revenge plot almost too ridiculous to believe. The criminal complaint accuses Dr. Daniel Schwarz of plotting to kill opposing counsel from a lawsuit that cost Schwarz $60,000 and, to top it off, he planned to frame his own lawyer for the crime. It seems like a simple bad review would have sufficed....

In a line of cases that has subtly flown under the radar, you might be surprised to find out that your prescription drug records are not that confidential. In fact, in many states, law enforcement officers have access to a Prescription Drug Monitoring Database, often referred to as a PDMP database (Prescription Drug Monitoring Program). A recent Tenth Circuit Court of Appeal opinion confirming the dismissal of two distinct cases alleging Fourth Amendment violations stemming from the warrantless search of a PDMP database explains the procedural problem the litigants faced more so than the actual problem with warrantless PDMP searches....

Jack DeCoster and his son Peter will serve three months in jail and be fined $100,000 each for having violated food safety regulations. Among the facts that have horrified interested parties include a salmonella contamination reading of 3,900 percent higher than the national average, as well as dead rodents decaying in the laying area. Hungry, anyone? Mouth Watering Facts Jack and Peter DeCoster owned and operated an egg producer in Iowa state, ironically named Quality Egg....

After years of fruitless appeals, Duane Buck won a decisive victory in the Supreme Court this morning. The Texas inmate had been sentenced to death in part due to expert testimony, presented by his own defense, that Buck posed a greater risk of violence simply because of his race. For almost two decades, Buck challenged that death sentence, most recently by arguing that his counsel was ineffective and that his case merited relief due to the extraordinary circumstances....

Here are the answers to questions you may not have thought about during this pandemic, like when you can tell someone to stay away from you, what happens if you don’t walk your pet, whether you can press charges against someone who got you sick, and more. Can I ask someone not to take the elevator with me? Yes, you can ask. But you cannot legally stop anyone from taking the elevator in a public place, such as your workplace or apartment building....

Friends in high places can help at the local level but don’t try to play that card in the Third Circuit Court of Appeals when you’ve committed a federal hate crime. The Third Circuit Court of Appeals affirmed a district court decision on Monday in a case involving the beating death of an illegal Mexican immigrant. The defendants, Brandon Piekarsky and Derrick Donchak, were tried and convicted of a federal hate crime under the Fair Housing Act....

Conviction for attempting to persuade, induce, entice, or coerce a child to engage in illegal sexual activity is affirmed where defendant violated 18 U.S.C. sec. 2422(b) despite not communicating directly with a child or with someone whom he believed was a child by using an adult intermediary. Read US v. Nestor, No. 08-2535 Appellate InformationAppeal from the United States District Court for the Western District of Pennsylvania. Submitted July 9, 2009Filed July 23, 2009...

Felon in Possession Conviction Affirmed In US v. Newhoff, No. 09-30143, the court affirmed defendant’s convictions for being a felon in possession of a firearm and for possession of a stolen firearm where 1) the district court erred by reading back a witness’s testimony without an admonition, but this did not affect defendant’s substantial rights; and 2) it was a reasonable inference, from the fact that defendant was the burglar who was trying to sell the pistol, that he was the one who found and stole it....

How many people applied to law school after watching A Few Good Men? How many law students dream of having Tom Cruise/Jack Nicholson moments, yelling “You want the truth? You can’t handle the truth?” This week, the Seventh Circuit Court of Appeals attempted to handle the truth in a felon in possession of a firearm appeal, and found that a prosecutor’s suggestion that the jury “seek the truth” was not a reversible error....

Kwak v. Holder, 09-3681, concerned a petition for review a decision of the BIA affirming an IJ’s denial of a Korean citizen’s application for a continuance of proceedings and entering an order of removal. In denying the petition, the court held that the BIA’s conclusion that the IJ did not abuse its discretion in denying the continuance was consistent with prior jurisprudence. The court also held that the BIA did not abuse its discretion in denying the request for continuance despite the pendency of petitioner’s I-601....

Just in time to save the hordes of recently-graduated and likely-unemployed law graduates, the Sixth Circuit last week joined the Second, Fourth, Eleventh, and Seventh Circuits in holding that begging is a form of solicitation protected by the First Amendment. The plaintiffs in this case, James Speet and Ernest Sims, were both arrested and prosecuted for begging in Grand Rapids, Michigan. Speet was actually arrested twice, in January and June 2011....

A Baltimore family has filed a $25 million suit against the Sesame Place theme park in Pennsylvania for alleged “pervasive and appalling racial discrimination.” The suit arises from a character meet-and-greet session where Sesame Street characters allegedly snubbed their child. This lawsuit comes after a viral video of a Rosita character passing by two Black girls and refusing their high-fives in favor of white children. The plaintiff was not in this video....