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In plaintiffs’ lawsuit against various Illinois state officials arising from termination of their employment with the Illinois Department of Corrections after a change in the governing party, district court’s summary judgment in favor of the defendants is affirmed where: 1) summary judgment on the First Amendment claims was appropriate as the witness’s statement that voting records were accessed and used in certain personnel decision is inadmissible hearsay; and 2) due process claims were properly rejected as plaintiffs have no evidence of improper motive in interpreting personnel rules to support their claim that only they or only Republican employees were singled out for the new personnel policy....

So a lady in a banana costume, known as the “Banana Lady,” walks in to a court room … This is not the start of a joke. This is real. Thankfully, this happened in the “Benchslappy” Seventh Circuit, and Judge Posner was on the panel assigned to this case, and wrote the opinion. You can probably guess where this is going. Catherine Conrad (“Banana Lady”) performs wearing a banana suit, which Judge Posner was kind enough to include a picture of Banana Lady in his opinion, because as he noted, it “is in the record....

Petition for review of an order finding plaintiff removable under the Immigration and Nationality Act for having committed a firearm-related offense in violation of New York Penal Law is granted where, in light of the present court’s decision in James, before deciding whether plaintiff committed a removable offense the matter must be remanded to the Board to determine whether New York Penal Law sec. 120.14 is divisible under the modified categorical approach....

For a while, the Law Office of John H. Eggertsen had a good thing going. In 1998, Eggertsen, a Michigan attorney, bought up “J & R’s Little Harvest” for $500. He changed the name, reorganized the corporation, and created a stock ownership plan. Due to Eggertsen’s clever tax maneuvering, Eggertsen and the Law Offices avoided paying taxes on income for years. And it was all perfectly legal – until it wasn’t....

If you think the No Fly List seems like a violation of due process, you’re not alone. The good news? The No Fly List is finally going to be reviewed in federal court. Last week, the Ninth Circuit Court of Appeals ruled that an Oregon district court had improperly dismissed a lawsuit challenging the No Fly List, The Wall Street Journal reports. The FBI’s Terrorist Screening Center (TSC) maintains the No Fly List, a roster of known and suspected terrorists who are not permitted to fly in United States airspace....

Johnson v. Arden, No. 09-2601, involved an action making multiple claims against several defendants as a result of allegedly defamatory statements posted on an internet discussion board. The court affirmed the dismissal of the complaint, on the grounds that 1) defendants did not originate the material that the plaintiffs deemed damaging; 2) the record contained no evidence that defendant designed its website to be a portal for defamatory material or do anything to induce defamatory postings; and 3) there was no evidence that the website at issue specifically targeted Missouri....

In Elassaad v. Independence Air, Inc., No. 08-3878, the Third Circuit faced a challenge to the district court’s grant of summary judgment in favor of the defendant on the ground of preemption in plaintiff’s lawsuit against an airline company for injuries he sustained when he fell while disembarking from an airplane. The court reversed the district court’s decision in concluding that the standard of care in plaintiff’s negligence claim is not preempted by federal law in holding that, although Abdullah v....

In an appeal from an order distributing the proceeds of life insurance policies owned by a receivership estate on a pro rata basis, the order is affirmed where plaintiff’s alleged diligence in securing a beneficial interest was not cause for him to take priority when the interest he actually acquired was no better than the interests acquired by supposedly less-diligent claimants. Read Quilling v. Trade Ptnrs., Inc., No. 08-2328 Appellate Information...

Nobody really wants to spend money on lawyers, but sometimes you just have to do it. That’s how it is, whether you are a sole proprietor, or a corporate officer. It’s a modern-day cost of doing business. But instead of thinking of legal spend like a liability, try to look at it as an investment. That way, you might actually see a return on your investment. 1. How Much Should Small Biz Budget for Legal?...

The Seventh Circuit Court of Appeals clearly knows that the best way to make a splash in a new year is to write an opinion featuring Indiana traffic laws, a motion to suppress based on an “unlawful” stop, and a puppy. Thanks to the Seventh Circuit’s willingness to give the people what they want, we’re kicking off 2012 with a new FindLaw Pooch of the Week Top Dog. (We can never find enough canine mentions in the appellate cases to actually name a Pooch of the Week, so we’re changing the name of the award....

In defendant’s challenge to his conviction for attempted homicide and related offenses arising from a fight at a bar, judgment of the district court in concluding that there was no constitutional violation is reversed with instructions to dismiss the indictment and vacate the conviction as defendant’s right to a speedy trial was violated as, the fourth Barker factor weighs against the Government as prejudice will be presumed when there is a forty-five month delay in bringing a defendant to trial....

Conviction for mail fraud, wire fraud, bribery and conspiracy is affirmed where: 1) the indictment, the government’s case at trial, and the jury instructions were sufficient to support a conviction for the fraudulent deprivation of honest services in violation of 18 U.S.C. secs. 1341 and 1343; and 2) the evidence was sufficient to support defendant’s conviction for bribing a state agent. Read US v. Redzic, No. 08-2418 Appellate InformationAppeal from the United States District Court for the Eastern District of MissouriSubmitted: May 13, 2009Filed: June 22, 2009...

Defendant’s drug and firearm possession convictions are affirmed where: 1) although a warrant to search defendant’s girlfriend’s residence lacked probable cause, the officers relied on and executed the warrant in good faith; and 2) the district court failed in its duty to make factual findings regarding the reliability of a detective’s expert testimony, but the error was harmless. Read US v. Roach, No. 08-3029 Appellate Information Filed September 21, 2009...

What is the scope of detention incident to a search? Should the cops only detain a person who is on the premises to be searched, or can they detain a person of interest a mile away from the property? In 1981, the Supreme Court concluded in Michigan v. Summers that the occupants of a house that is being lawfully searched may be detained to facilitate the search and promote officer safety....

NFL labor talks continued this week, following a July 8 opinion from the Eighth Circuit Court of Appeals holding that the Norris-LaGuardia Act prevents courts from blocking lockouts. The controversy started on March 11, when a collective bargaining agreement between the National Football League and a union representing professional football players expired. The League had indicated that if a new agreement was not reached before the expiration date, then it would implement a player lockout....

In an action for breach of a collective bargaining agreement between the NFL and the NFL players’ union based on drug testing issues, the district court’s order concluding that the Minnesota statutory claims alleged by football players against the NFL were not preempted by section 301 of the Labor Management Relations Act is affirmed, where: 1) the district court had no need to consult the collective bargaining agreement (CBA) in order to resolve the players’ Minnesota Drug and Alcohol Testing in the Workplace Act (DATWA) claim; 2) the NFL’s defenses to liability under the Minnesota Consumable Products Act (CPA) were not relevant to the Section 301 analysis; and 3) the NFL did not demonstrate that, by agreeing to be bound by the CBA, the players waived their rights under the CPA....

In a trademark infringement action based on Defendant’s sales of Plaintiff’s trademarked products with the unique production code removed, a preliminary injunction in favor of Plaintiff is affirmed, where the production codes play an important role in helping the trademark owner to guard against counterfeits and protect the reputation of the mark. Read Zino Davidoff SA v. CVS Corp., No. 07-2872-cv. Appellate Information Argued: October 15, 2008Decided: June 19, 2009...

A litterbug out of the state of New Jersey has filed, and basically won, a federal lawsuit over being jailed after pleading guilty to a fine-only offense. Notably, that fine was less than $250, including all the garbage administrative fees courts tack on. After explaining to the court that he could not afford to pay the fine immediately, but could enter a payment plan, or do community service, he was jailed....

Judge James Ware has officially closed Perry v. Brown, the California Prop 8 case, more than six months after the Ninth Circuit Court of Appeals ruled that the law is unconstitutional, Buzzfeed reports. Same-sex couples, however, still cannot marry in the Golden State until the U.S. Supreme Court either issues a ruling in the matter, or rejects a petition to review the case. Let’s go back and track Perry v. Brown through this never-ending mess of litigation....

Transcript Panel 1: A concerned round character is looking at a large cell phone in front of them. A word bubble above their head says: “I’m a minor. Is it illegal for me to send nude images?” Panel 2: A pile of cell phones with color on them are splayed on the page. Lines are emanating from them as if photos or texts are being sent from them. The text says: “TikTok, Snapchat, Instagram, text message, Discord … What if you use one of these to send a nude to someone else?...