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Archived Since:April 9, 2008

Blog Post Archive

Date Set for Arguments in Obama Immigration Case

The Fifth Circuit is set to hear arguments next month in the lawsuit over President Obama's executive actions on immigration, the court has announced. Each side will be given an hour for their arguments which will take place April 17th, in New Orleans. The case, Texas v. United States,......

Puerto Rico Will No Longer Enforce Its Same-Sex Marriage Ban

Back in October, a federal judge in Puerto Rico bucked the same-sex marriage trend by declaring that the island wouldn't be going the way of almost every other court in holding same-sex marriage bans unconstitutional. Last Friday, though, Judge Perez-Gimenez's decision became a lot less relevant. Puerto Rico announced that......

Briefs Come in for Oklahoma Lethal Injection Case

Oral arguments are just about a month away in Glossip v. Gross, the SCOTUS case challenging Oklahoma's use of lethal injections, and the briefs are just beginning to arrive. Glossip challenges Oklahoma's use of a three drug lethal injection cocktail, which has been connected to several botched executions. The......

In Vino Vomitus: Lawsuit Warns of Arsenic-Tainted Wines

Watch out sommeliers, oenophiles, and old-fashioned winos. According to a class action lawsuit filed in Los Angeles Superior Court, your wine of choice may contain high levels of arsenic, the potentially toxic poison. According to the complaint, several popular wines contain up to 500% or more of the maximum......

Update Your Resume, the Second Circuit is Hiring!

Want to work for the federal judiciary? Now's your chance! The Second Circuit is currently on the lookout for candidates for a Bankruptcy Judge in the Southern District of New York. The gig lasts for 14 years and starts at $180,012 annually. If that salary is too much for......

Giving it Away: The Pros and Cons of the Free Consult

People are cheap, they like free things, and paradoxically, this can be a great way to get into their pocketbooks. How can you turn a giveaway into a payday? For many lawyers, it's via the free consult, where attorneys meet with potential clients, answering basic questions and providing simple......

Court Website March Madness Tournament: Midwest Conference

It's time for the third edition of the FindLaw Court Website March Madness Tournament, where we pit state and federal court websites against each other to see who will be the victor. Last week, the Federal Circuit barely beat out the Fourth to claim the title of best court......

4 Things to Know About Employee Security While Traveling Abroad

Are employees in your company traveling abroad for work? Depending on how high up they are in the company, what industry you're in, and where they're going, robbery and kidnapping are genuine concerns. So, too, are natural disasters and diseases. Pretty much same as here, but with a different legal......

5 Suits That Changed the Internet

What made the Internet the strange, fascinating and sometimes frightening animal that it is today? It wasn't just the Silicon Valley billionaires, ARPANET visionaries or cats -- lots and lots of cats. The legal system bears its share of praise, or blame, as well. From protecting free speech online,......

How to Network at CLEs

Most lawyers don't live for CLEs, to put things mildly. However, there's a lot to be gained from CLEs, beyond whatever educational value they may have. While some CLEs can be solo activities, done in the dark at home, or from your phone on the go, many still bring......

The Importance of a Good Law Firm Tagline

Can you name the movie associated with the phrase "In space, no one can hear you scream"? How about "Just when you thought it was safe to go back in the water"? What product comes to mind when you hear "Don't leave home without it"? The answers, of course, are......

Fla. Sup. Ct. Sets Boundaries for Juvenile LWOP Sentences

In Graham v. Florida, the U.S. Supreme Court said that the Eighth Amendment didn't allow for sentencing juvenile offenders to sentences of life without parole (LWOP) for non-homicide offenses. That's all well and good, but what about "de facto LWOP" sentences of 90 years, which would, in the case of......

7th Cir. Overturns Conviction Based on Made-Up Evidence

It's a rare event, indeed, when a federal circuit court actually grants a petition for a writ of habeas corpus. The federal habeas corpus standard is fairly unforgiving, granting great deference to lower courts and construing ambiguities in the law against the petitioner. Owens v. Duncan, however, is a pretty......

Net Neutrality: It's Time for the Lawsuits!

Less than a month after the FCC commissioners voted to regulate Internet service providers as "common carriers" under the Communications Act, the telecoms have filed suit. Well, one industry trade group, USTelecom, representing some of the nation's largest Internet providers, has sued, as has one small Texas ISP, Alamo......

Alabama 'Racial Gerrymander' Case Sent Back to District Court

In 2012, the Alabama legislature redrew the state's legislative districts. In doing so, it attempted to keep the districts roughly equal in population and, in order to remain compliant with the Voting Rights Act, keep about the same black population percentage in existing majority-minority districts. These goals were sometimes at......

Experts Not Needed - 9th Cir. Revives ADA Suit Against Eddie Bauer

Eddie Bauer, the struggling outdoor retailer, got some more bad news last Friday, when the Ninth Circuit ruled that a consumer's ADA lawsuit against the company had been wrongly dismissed. Chris Kohler, a disabled man who relies upon a wheelchair for mobility, had sued Eddie Bauer for violations of......

No, President Obama Can't Ignore the Supreme Court

Last Tuesday, New York Times op-ed contributor and University of Chicago law professor William Baude floated a fantastic contingency plan in the event the Supreme Court strikes subsidies for residents of states without state health care exchanges. If the Court affirms the (now-vacated) three-judge panel opinion of the D.C. Circuit,......

Failure to Reference Sentencing Guidelines Not Fatal

A Mexican citizen who pled guilty to violating U.S. immigration law cannot have his sentence overturned because the district court failed to directly reference applicable sentencing guidelines, the Sixth Circuit ruled on Monday. Jose Solano-Rosales was sentenced to supervised release after he pled guilty to entering the U.S. without......

A Cutback's a Cutback -- Pension Reduction Violated ERISA

Can an ERISA retirement plan, after having paid out a consistent pension to early retirees, later reduce those pensions based on the age at which the pensioners retired? Not without violating ERISA's anti-cutback rule, the Third Circuit ruled last Wednesday. The case, Cottillion v. United Refining Company, involved pensioned......

Laterals: Should You Give Your Salary History?

If you're contacted by a recruiter, or out searching for jobs on your own, at some point you will probably be asked about your salary history. If you've been raking it in -- well, horray! Whipping out your big paycheck can let potential employers know that you're worth it,......

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