Posts

In a tax evasion prosecution, a denial of defendant’s motion to dismiss the indictment is affirmed where: 1) a prior reversal for constructive amendment of the indictment did not itself engender double jeopardy concerns and neither the district court nor the court of appeals made factual findings tantamount to acquittal; and 2) since the Double Jeopardy Clause was not a bar to retrying defendant on the exact same offense, it did not matter whether she was instead charged with a different offense that required proof of the same elements....

When push comes to shove, lawyers not only make the worst clients, they also are among the worst pro se litigants out there. At least, it seems that way given the number of stories that get reported on each year of lawyers failing to adequately represent themselves. Just recently, the general counsel for Bowling Green State University was sent to jail for 30 days and fined $250 after his shortcomings in self-representation....

Let’s be honest. No one wants to think about death. We all know we will die eventually, but most people simply assume it’s something in the distant future they don’t need to worry about. And because of this, most people put off estate planning, thinking they will get to it later when it’s more urgent. Estate planning is actually something every adult should do as soon as possible. What Is Estate Planning?...

Like dominos. Last month, a state court in Kansas City held that the state of Missouri had to recognize out-of-state gay marriages. Earlier this week, a state court in St. Louis held that the state couldn’t ban in-state gay marriages. The state declined to appeal the former case, but will appeal the latter case to the Missouri Supreme Court in order to get a statewide ruling. Meantime, a federal case is pending in Jefferson City and the Eighth Circuit is one of the few that haven’t addressed same-sex marriage since Windsor....

Mortimer Off Shore Servs., Ltd. v. Fed. Repub. of Germany, No. 08-1783, involved an action to enforce bearer bonds valued at $400,000,000 against the Federal Republic of Germany. The court of appeals affirmed the dismissal of the action on the grounds that 1) plaintiff could not seek to enforce certain bonds without first complying with the statutory validation procedures aimed to ensure that the bonds represented valid, legal obligations; and 2) plaintiff failed to allege an action based upon a commercial activity that, if proven, would give rise to jurisdiction over a foreign sovereign....

In a recent executive order, President Joe Biden reversed the transgender military ban that former President Donald Trump instituted in his favored mode of communication, a tweet. This order brings back the Obama-era policy that allowed transgender people to serve in the military openly. The text of the order reads: “It shall be the policy of the United States to ensure that all transgender individuals who wish to serve in the United States military and can meet the appropriate standards shall be able to do so openly and free from discrimination....

Not that long ago, it seemed absurd that machines could replace writers and editors. No more. On Nov. 20, 2022, a computer program called ChatGPT made its debut and rapidly attracted reviews proclaiming it a game changer for artificial intelligence (AI). ChatGPT is a “chatbot,” which is a program that simulates human conversation by applying artificial intelligence to text or voice commands. Chatbots have existed for years, and most people experience them when they seek customer service assistance from a company by phoning it or visiting its website....

The Indian Self-Determination and Education Assistance Act allows Native American tribes to take over certain aid programs that would otherwise be the responsibility of the federal government. The Menominee Tribe of Wisconsin did just that, entering into a “self-determination contract” with the Indian Health Services. Contracting tribes are eligible to receive money that the U.S. government would have spent on the program, but many have complained that the federal government has often failed to fully reimburse contract support cost....

The Tenth Circuit decided three criminal cases and one involving the allegedly unlawful denial of special education services. D.L. v. Unified Sch. Dist. No. 497, No. 08-3273, was an action challenging a local school district’s conclusion that plaintiff-students were ineligible for special education services. The Tenth Circuit affirmed summary judgment for defendants on the grounds that 1) plaintiffs abandoned their Individuals with Disabilities in Education Act claims by failing to provide supplemental briefing to clarify and update the claims; and 2) plaintiffs lacked standing because they could not establish any causation between defendants’ allegedly discriminatory conduct and any injury suffered by plaintiffs....

In Pella Corp. v. Saltzman, No. 09-8025, the Seventh Circuit dealt with defendant’s Rule 23(f) appeal of the district court’s certification of two classes of plaintiffs in their suit against defendant, a window manufacturer, alleging that defendant committed consumer fraud by not publicly declaring a design defect that caused wood casing the windows to rot. In granting the defendant’s petition and affirming the district court’s class certification of two classes, one class being members whose windows have not yet manifested the alleged defect or whose windows have some rotting but have not yet been replaced and the other class consisting of only those members who have had a manifest defect and whose windows have been already replaced, the court held that, although consumer fraud class actions present challenges that a district court must carefully consider, certification is appropriate under the circumstance of this case....

In plaintiffs’ lawsuit asserting claims for breach of warranty and products liability on behalf of itself and other buyers of Learjets, denial of plaintiffs’ motion to certify two classes and an order to remand the case back to the state court on the ground that the denial of the class certification eliminated subject-matter jurisdiction under the Class Action Fairness Act of 2005 (CAFA) is reversed and remanded as federal jurisdiction under the Class Action Fairness Act does not depend on certification....

Way back in 2007, Facebook began its march towards what many consider uber-creepiness. Their “Beacon” program connected third-party sites to Facebook and transmitted users’ activities to their Facebook profile. One example were rentals from Blockbuster.com - when Jimmy rented “Sex and the City”, his entire friends list would find out. No, “Jersey Shore” fans, not that D.T.F. No, the Digital Trust Foundation was a brand-new nonprofit created to “fund and sponsor programs designed to educate users, regulators, and enterprises regarding critical issues relating to protection of identity and personal information online through user control, and the protection of users from online threats....

Gen Lin is a native and citizen of China. He entered the United States illegally in 2004. In 2008, he was served with a Notice to Appear before an Immigration Judge (IJ), and conceded removability. To avoid removal, Lin petitioned for asylum, for withholding of removal, and for protection under the Convention Against Torture (CAT). Unfortunately, he had a credibility problem. In support of his petition, Lin asserted that he fled China to escape religious persecution....

Equitable Res., Inc. v. United Steel, Paper & Forestry, Rubber, Mfg., etc., 08-6444, concerned a challenge to the district court’s grant of summary judgment in favor of a union, in a company’s suit under section 301 of the Labor Management Relations Act (LMRA) to vacate or modify the arbitration award against it. In affirming, the court held that the arbitrator did not exceed his authority by interpreting the CBA in a way that allowed the company to be found liable for a breach....

FedEx is on trial in federal court in California for delivering drugs, among other charges. The delivery giant is accused of knowingly dropping off millions of packages from illicit internet pharmacies, and the prosecution in its opening statement likened the package distributor to a part-time drug dealing operation. Of course, FedEx can’t be held responsible for what people mailed if it did not know that internet pharmacies were delivering illegal items....

A federal appellate case out of the Eighth Circuit highlighted what can properly be described as a disaster situation within the state of Mexico. When the Saldana family emigrated (more like escaped) personal threats made against their lives by powerful Mexican gangs, little did they know that the immigration board in America would be splitting hairs about the proper application of the oft used Convention Against Torture. One almost gets the impression that the circuit was quite close to reversing the lower court decision, but immigration matters are highly deferential to lower tribunals and courts....

It’s not nice to make fun of people’s religions, and sometimes it’s illegal. Like Christopher Grief, who believes that stuffed animals are necessary to practicing his religion. He wanted some inside his jail cell and sued so he could worship. A federal judge thought it was nonsense, but an appeals court disagreed. After all, hasn’t everybody at least adored a stuffed animal once in their life? Religious Freedom Grief, in pro per, made a plausible argument to the U....

Beauty pageants have long been a source of controversy. Do they empower or objectify women? Is there enough diversity or do they promote only a certain type of “beauty?" In part as a response to these legitimate concerns, beauty pageants have made a concerted effort at diversity and inclusion in recent years. In 2012, the Miss Universe pageant ended its ban on transgender women participating in the contest, for example. The Miss America pageant ended the swimsuit portion of the competition in 2018....

In US v. Stone, No. 10-1618, the Sixth Circuit faced a challenge to the district court’s decision to release five defendants, belonging to a paramilitary organization known as the Michigan Hutaree, on bail pending their trial for conspiracy to levy war against or to oppose by force the authority of the United States government related offenses. In reversing the district court’s decision, the court held that each defendant poses a danger to the community and no conditions of release will reasonably assure the safety of the community....

There’s a long tradition of Supreme Court justices returning to law schools to talk about the law, spread some SCOTUS wisdom, and even delve into politics occasionally. But in the last few weeks of this very unusual Supreme Court term, it seems as though the justices are stopping by law schools more than ever. And they’ve got company, as President Obama returned last Thursday to speak at the University of Chicago Law School, where he taught for 12 years....