Posts

In an action seeking attorney’s fees based on an administrative proceeding under the Individuals with Disabilities in Education Act in which an Administrative Law Judge concluded that defendant school district misclassified the disability of plaintiffs’ son, dismissal of the action is reversed where: 1) plaintiffs were a prevailing party because the change in the student’s disability classification legally entitled the child to instruction by teachers qualified to teach students with both mental retardation and autism; and 2) even though parents were not eligible to receive attorneys’ fees when they represented their children themselves, a parent was eligible to receive attorneys’ fees when a non-parent relative provided legal representation for their child....

In a class action challenging the Wisconsin policy of allowing graduates of law schools in the state to be admitted to practice law without taking the Wisconsin bar exam, district court’s grant of defendants’ motion to dismiss for failure to state a claim is reversed and remanded where the case was dismissed prematurely, since questions remain as to whether the diploma privilege discriminates against graduates of out-of state law schools who would like to practice law in Wisconsin and burdens interstate commerce in violation of the Commerce Clause....

The Court of Appeals for the Eighth Circuit clarified just when a party loses its arbitration rights in a wrongful termination suit, deciding that rights of an employer were lost when it acted inconsistently with the rights of the opposing party. Messina Versus Ex-Boss Messina signed a two-year employment contract and a separate arbitration agreement with Yosemite Home Decor as the company’s VP of sales. Six months into the job, Yosemite fired Messina....

The Ninth Circuit Court of Appeals ruled today that a graduate student may pursue her Title IX retaliation claim against the University of Oregon. A district court previously granted summary judgment to the University on the alternative grounds that the student did not engage in protected activity and that she adduced no evidence showing that the University’s adverse actions were causally related to her protected activity. The University claimed that no one other than Bullis knew of the memo; Emeldi said that she was told that all Department faculty received copies, and that it was “common knowledge in the College of Education” that she was dissatisfied with the Department’s level of support for women....

Pollard v. GEO Group, Inc., No. 07-16112, involved an action alleging Eighth Amendment claims against employees of a private corporation operating a federal prison under contract with the Bureau of Prisons. The court of appeals reversed the dismissal of the action, holding that 1) the company’s employees acted “under color of federal law” for purposes of Bivens liability; and 2) a faithful application of Wilkie’s two-part test counseled that state tort remedies alone were insufficient to displace Bivens and there were no “special factors counselling hesitation” in allowing plaintiff’s suit to proceed....

Legal experts are scratching their heads over a case involving the seizure of cash generated by an activity that is legal in one state and illegal in another. In May, a county sheriff in Kansas seized a cash-transport van containing $166,000 in cash generated by a medical marijuana dispensary in Kansas City, which is legal by Missouri state law. Three months later, the U.S. Attorney’s office in Kansas brought a civil forfeiture action in federal court, contending that the seized cash was generated by sales that violate the federal Controlled Substances Act....

The states have aligned in the battle over LGBT employment rights in the U.S. Eighth Circuit Court of Appeals. Attorneys general from Arkansas, Louisiana, Missouri, Oklahoma, Texas, Michigan, Nebraska, and South Dakota have cast their opinions against a man who claims he lost a job because he is gay. Half of those states are in the Eighth Circuit’s boundaries. Meanwhile, eighteen other states have filed on behalf of the plaintiff in Horton v....

It’s been a long time coming for Arizona’s short-handed federal bench. The local federal courts have been in a declared “state of emergency” since 2011, reports AZ Central, but the long-awaited reinforcements are on the way. Included in the slate of six are Rosemary Márquez, a defense attorney whose nomination has been pending for 1,057 days, and Diane Humetewa, a former U.S. attorney who will become the first Native American woman ever named to the federal bench, and third Native American overall....

As we head toward Inauguration Day 2021, there is the typical flurry of activity from the outgoing administration: cementing new regulations, appointments, and pardons. That last one always generates the most buzz. Barack Obama used the end of his second term to grant clemency to hundreds of offenders who faced harsh sentences from the War on Drugs. President Clinton drew heat for pardoning corporate fugitive Marc Rich, whose family had some questionable financial ties to the first family....

Cruises are a fun way to experience new cultures and relaxation without having to fly anywhere. However, as the age-old saying goes: It’s all fun and games until someone gets hurt. A fight broke out recently on a Carnival cruise ship following an alleged threesome that one of the participant’s significant others discovered and was — naturally — displeased. The hour-long brawl ultimately involved around 60 people, moving from the fifth floor to the first floor, where a fellow passenger began recording....

While taking a beginners ski lesson from an unlicensed, non-certified, instructor from a Vail Summit Resorts employee, Dr. Brigance was instructed to use a ski lift. When trying to get off the lift, her ski boot became stuck. Rather than stopping the lift, the employee running it only slowed it down, apparently, per resort policy. This resulted in Dr. Brigance suffering a complex fracture to her femur. After filing an injury lawsuit in the federal district court (on diversity grounds as Dr....

A few weeks ago, “social distancing” and “self-isolating” didn’t mean much to many of us. But as the novel coronavirus outbreak increases in severity across the nation, businesses all over the country are taking precautions to stop the spread. One of the most prevalent? Encouraging everyone to stay away from the office. Working from home is nothing new for many of you. And while the novelty of working in one’s pajamas usually gives way to actually getting dressed for a home workday, the need for a few basic pieces of tech is ever-present....

Few matters tackled in the 9th Circuit Court of Appeals reach unanimous agreement throughout the country. Fortunately, certain foundational beliefs unite us. Respect for the rule of law? A desire to promote and preserve justice? Sure. But more importantly, we can all agree that Game of Thrones ended disappointingly. Judge John B. Owens reminds us of this universal truth by peppering his opinions with Game of Thrones references. His latest came on July 5:...

A second-year law student posted an ad on Craigslist asking parents to “sell me your teenage daughter” and then was surprised when he was caught, convicted and thrown in jail. Do you think he skipped the semester when they covered criminal law first year? The Underlying Offense Harry McMillan is the law student who sought sex online from minors, and he engaged in a negotiation with Chief Andrews, a member of the Illinois Attorney General’s Task Force on Internet Crimes Against Children and the U....

June is Pride Month, so every Monday this month FindLaw will be looking at the unique legal issues faced by LGBT members of our community – what the laws are currently, and what they may be in the near future. We’ll be rounding up our coverage of family law, services and accommodation discrimination, and looking at upcoming legislation and court decisions. This week? It’s employment law. The Civil Rights Act makes it illegal for employers “to fail or refuse to hire or to discharge any individual, or otherwise to discriminate against any individual with respect to his compensation, terms, conditions, or privileges of employment, because of such individual’s race, color, religion, sex, or national origin....

Talk about a buzz kill. The U.S. Ninth Circuit Court of Appeals gave the go-ahead to prosecute marijuana growers in California, where voters approved recreational pot nearly two years ago. It’s been legal to use medical marijuana in the Golden State for more than a decade. But that’s not important right now, the appeals court said in United States of America v. Gilmore and a companion case. Federal law trumps state law in more ways than one....

The Ninth Circuit Court of Appeals won’t let Arizona enforce its new abortion law until the appellate court gets to review it. Wednesday, the Ninth Circuit enjoined enforcement of the provisions of Arizona House Bill 2036 that restrict abortions starting at 20 weeks. The order will place H.B. 2036 on hold for at least two months, if not longer, reports YumaSun.com. Arizona Gov. Jan Brewer signed H.B. 2036 into law in April 2012....

It’s the bedrock of modern American democracy: one person, one vote. But that seemingly simple principle can raise major ambiguities when it comes to legislative districting. Who, after all, counts as ‘one person,’ when drawing election districts? All residents, all citizens, all voters? Today, the Supreme Court unanimously rejected a challenge that sought to make “one person” mean “one voter.” States are free to use total population numbers, the Court ruled....

Petition for review a BIA’s denial of an El Salvadoran citizen’s petition for withholding of removal on the ground that former Salvadoran gang members do not constitute a particular social group, nor can membership in a criminal gang constitute membership in a particular social group, is granted and the Board’s decision is vacated and remanded as a gang is a group and being a former member of a group is a characteristic impossible to change, except perhaps by rejoining the group....

In a petition under the Administrative Procedure Act challenging the Department of the Interior’s determination not to acknowledge the “tribal existence” of a purported Indian tribal nation, summary judgment for defendants is affirmed where: 1) the evidence presented by the tribe was insufficient to raise a claim of “improper political influence” under the standard set forth in Town of Orangetown v. Ruckelshaus, 740 F.2d 185 (2d Cir. 1984); and 2) the Department’s determination did not violate the Vacancies Reform Act....