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The Third Circuit has refused to dismiss corruption and fraud charges against U.S. Senator Robert Menendez. The New Jersey senator is accused of accepting gifts in exchange for political favors, but he sought to have the charges dismissed, on the basis that the Constitution’s “speech or debate” clause shielded him from prosecution. That argument did not sway a three-judge panel. This is the last major obstacle to be cleared between the New Jersey legislator from what is most likely going to be a very uncomfortable trial....

Umme-Hani Khan worked at Abercrombie & Fitch’s Hollister-branded store in San Mateo, California, for approximately five months. She was an “impact associate,” which meant her primary duties were in the stockroom. According to a press release by the Equal Employment Opportunity Commission, she was initially asked to match the colors of her hijab, or headscarf, to Hollister colors, which she did. In February 2010, however, she was fired for violating the company’s “Look Policy,” after the company changed course and ordered her to stop wearing her religiously required headscarf, which she refused to do....

In an action to recover on a defaulted loan, dismissal of the action on forum non conveniens grounds is reversed where a non-signatory to an agreement may be bound by a forum selection clause and forum non conveniens waiver contained in contracts entered into by an entity alleged to be a predecessor in interest. Read Aguas Lenders Recovery Grp. LLC v. Suez, S.A., No. 08-1589 Appellate Information Argued: April 15, 2009...

The tech community is watching the Third Circuit as Andrew “weev” Auernheimer, the hacker people love to hate, appeals his conviction for, as he puts it, “doing arithmetic.” And, in more somber news, the Third Circuit lost one of its finest judges on Wednesday, Judge Joseph F. Weis Jr. Weev’s Appeal and Oral Arguments Weev is currently serving a 41-month sentence for identity theft and conspiracy to commit unauthorized access to a protected computer, in violation of the Computer Fraud and Abuse Act (“CFAA”), when he accessed and leaked 114,000 email addresses of iPad users....

Dillon v. US, No. 09-6338, involved defendant’s motion for a sentence reduction under 18 U.S.C. section 3582(c)(2). The Supreme Court affirmed the Third Circuit’s affirmance of the denial of the motion, holding that Booker’s holdings did not apply to section 3582(c)(2) proceedings, and therefore did not require treating U.S.S.G. secton 1B1.10(b) as advisory. As the Court wrote: “A federal court generally “may not modify a term of imprisonment once it has been imposed....

Challenge to Denial of Adjustment of Immigration Status In Cabaccang v. US Citizenship & Imm. Servs., No. 09-56089, an action challenging the denial of plaintiffs’ applications for adjustment of immigration status, the court vacated summary judgment for defendants where a district court may not hear an alien’s challenge to the government’s denial of an application to adjust status when removal proceedings are simultaneously pending against the alien. Related Resources Read the Ninth Circuit’s Decision in Cabaccang v....

California Governor Gavin Newsom has decided what’s good for the goose is good for the gander. If Texas can rely on “citizen enforcers” to regulate abortions, he reasons California should be able to use the same legal tool to regulate assault weapons. Newsom issued such an announcement late on the night of Dec. 11, one day after the U.S. Supreme Court essentially gave its blessing to Texas’ strict new anti-abortion law....

When Gerald Mitchell was arrested on suspicion of driving under the influence, his field breathalyzer test was triple Wisconsin’s legal limit. And when officers drove him to the station for a more accurate breath test, he passed out. So, they then drove him to a hospital, where staff drew his blood while he was unconscious and confirmed he had a 0.222 blood alcohol concentration. Mitchell challenged the blood test evidence all the way to the Supreme Court, and lost....

Well, that was famous chef Virgilio Martinez’s take on the matter. But when confronted with a duffel bag full of 40 vacuum-sealed, frozen piranhas at LAX, customs officials had a slightly different response. Specifically, a private interrogation about his fishy carry-on. A Special Dinner “Why are you bringing piranhas?” officers asked. “I’m doing a special dinner with a friend who I really respect and I’m going to do a dish I really enjoy doing,” Martinez replied....

Israel v. Chabra, No. 06-1467, involved an action to enforce an agreement guaranteeing a debt. The court of appeals vacated judgment for plaintiff, holding that the Consent Clause of the agreement constituted advance consent to the Second Amendment establishing a new payment schedule for the debt, defendant’s obligations as Guarantor were not discharged by the adoption of the Second Amendment, and the payment schedule in the Second Amendment controlled. Tiffany (NJ) Inc....

In a petition for review of a BIA order removing petitioner from the U.S., the petition is denied where, because petitioner challenged a determination committed to the sole discretion of the Attorney General – namely, the credibility and weight accorded to certain evidence – the court of appeals lacked jurisdiction to review her claims. Read Contreras-Salinas v. Holder, No. 08-4611 Appellate Information Argued: October 8, 2009 Decided: October 27, 2009...

US v. Gorman, 09-3010, concerned a challenge to a conviction of defendant for perjury after testifying falsely before a grand jury. In affirming the conviction, the court held that ample evidence supported the finding that defendant perjured himself with regard to his possession of a Bentley and, that the admission of the evidence relating to defendant’s theft of the car was direct evidence of his charged perjury conduct and its probative value was not substantially outweighed by any risk of unfair prejudice....

In plaintiff’s action against his former employer, seeking indemnification for legal expenses incurred in successfully defending a prior suit brought against him under the Commodities Exchange Act (CEA), dismissal of his claim on the ground that it was preempted by federal law is vacated and remanded as Congress did not intend to displace the state-law indemnification rights, if any, of parties found not to have violated the CEA. Read Delay v....

In 2008, the Michigan Supreme Court unanimously held that the Detroit International Bridge Company (DIBC) was immune from the City of Detroit’s zoning ordinances because it was a federal instrumentality for the limited purpose of facilitating commerce over the Ambassador Bridge, which connects Detroit, Michigan to Ontario, Canada. This week, the Sixth Circuit Court of Appeals held that the Michigan Supreme Court was wrong. Usually, a federal instrumentality case assesses whether a company either chartered by, or intimately involved with, the federal government is exempt from state taxation....

Innumeracy (n) - Unfamiliarity with mathematical concepts and methods; unable to use mathematics; not numerate. According to a recent opinion piece on fivethirtyeight.com, the justices on the Supreme Court appear to shy away from mathematical evidence, formulas, and complex statistics, bordering on innumeracy. However, given the source of this opinionated criticism of mathematical illiteracy, the math-whizzes over at fivethirtyeight may have a higher math bar than most, so SCOTUS may want to take those lumps with a grain of salt....

Gavin Grimm has been battling the Gloucester County School District about access to bathrooms at his high school for so long that he is now a 20-year-old college student, thousands of miles away. But his case finally appears to be settled, and in his favor. A federal judge in Virginia ruled last week that the school board’s policy of requiring transgender students to use private bathrooms or the ones corresponding with their gender assigned at birth is unconstitutional....

James Bond received hundreds of gadgets from tech-wizard Q throughout his fictional existence. Whether exploding toothpaste, or a belt-buckle zip line, Bond knew that each invention was created to enable his spy missions. But what if Bond employed one of Q’s inventions for an off-label use? What if Q objected? Should Bond listen? The Supreme Court has scheduled oral arguments in U.S. v. Jones for November 8. The case, an appeal from the D....

For law students wrapping up their semesters and getting ready to start a summer associate position, life can be a bit nerve-wracking. Sure, it’s amazing that you actually got a summer associate position, but the anxiety over making a mistake can be enough to drive a law student mad. Fortunately, you can find a few tips below on how to breeze through your summer, and make a good, lasting impression....

The United States Supreme Court knows that it is more than just the ultimate arbiter of the law of the land in the United States; it also wields influence worldwide. And though the Court regularly explains that issues involving foreign policy are best left to the legislature and executive, it does not rule in a vacuum cut-off from the rest of the world. Along with the increase in globalization and e-commerce, cases in U....

Evans v. US Dept. of Interior, No. 08-35938, involved an appeal by the Tulalip Tribes from an order of the district court denying them the right to intervene in an action brought by the Snohomish Tribe of Indians to achieve federal recognition of the Snohomish Tribe. The court of appeals affirmed, on the ground that the recognition of the Snohomish Tribe, if it occurred, would have no effect on its own treaty rights or the treaty rights of the Tulalip Tribes....