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352nd District Court

Features summaries of interesting and notable cases from the 352nd District Court of Texas. By Judge Bonnie Sudderth.

http://352nddistrictcourt.wordpress.com/

Feb 25
2008 – The Tragic Mother and Child Reunion

2008 – The Tragic Mother and Child Reunion

The plaintiff’s attorney began the Original Petition for his client with this succinct statement: ”This is a case of great sadness, high emotion and the need for precise and immediate action by the Court.”
Dec 11
2011 – Death and Taxes … and Chicken

2011 – Death and Taxes … and Chicken

The sole issue in this case was at what point in the life of a chicken does the chicken lose its tax-exempt status as poultry? When this lawsuit was filed in 2011, Pilgrim’s Pride was the second-largest chicken producer in the world. A…
Nov 20
1998 – The God Pod

1998 – The God Pod

Two former Tarrant County jail inmates and a college professor filed suit in the 352nd District Court against Tarrant County and the Tarrant County Sheriff for operating a particular jail “pod” designated as the CEU (Chaplain’s…

Rank this Week: 4203

A Criminal Waste of Space

An irreverant look at legal matters. By Justice William W. Bedsworth.

http://www.acriminalwasteofspace.net/

Nov 5
My Retirement: Pucks, Ducks, and Yuck

My Retirement: Pucks, Ducks, and Yuck

Well, it's official. The retirement papers are filed, I've said goodbye to my colleagues, and turned in my ID card. I may come back on assignment sometime, but basic...
Nov 5
Finally -- A Judging Job I can Handle

Finally -- A Judging Job I can Handle

I think I've found my calling. &...
Aug 1
A Ticket to Walk: Cap'n Crunch and the Other Terrorist

A Ticket to Walk: Cap'n Crunch and the Other Terrorist

I think I may have underestimated the Pepsi Cola people. This would, after all, be an easy thing to do. About all we see of Pepsi is that red-white-and-blue beachball logo, and it's hard to take them seriously as an evil empire when all they…

Rank this Week: 3193

Abstract Appeal

Covers Florida Law and the Eleventh Circuit Court of Appeals. By Matt Conigliaro.

http://www.abstractappeal.com/

Aug 12
Health Care Litigation: The Eleventh Circuit Agrees The Mandate Is Unconstitutional

Health Care Litigation: The Eleventh Circuit Agrees The Mandate Is Unconstitutional

This decision will attract a great deal of attention. It should. Today, the Eleventh Circuit held that the individual insurance mandate contained in the massive 2010 health care legislation violates the federal constitution because Congress…
Jul 8
People Say I’m Lazy…

People Say I’m Lazy…

Dreaming my life away. Well they give me all kinds of advice… You know the rest. Lennon had been spending time raising a family in New York. My story is a little different.
Feb 21
Hey Legislature: That MedMal Immunity Is Illusory

Hey Legislature: That MedMal Immunity Is Illusory

This decision from the Fourth District examined section 768.135, the title of which references immunity for volunteer sports team physicians.

Rank this Week: 2684

At the Lectern: Practicing Before…

At the Lectern: Practicing Before the California Supreme Court

Features news and commentary on the practice of law before the California Supreme Court. By Horvitz & Levy LLP.

http://www.atthelectern.com/

Jun 16
They can be intimidating to those on the other side of the bench, too

They can be intimidating to those on the other side of the bench, too

Speaking with a group of high school students, Chief Justice Tani Cantil-Sakauye admitted that, when she started at the Supreme Court, it was “a little bit intimidating” for her to be working with the other justices, who were…
Jun 12
Death penalty opinion filing tomorrow

Death penalty opinion filing tomorrow

The Supreme Court tomorrow will file its opinion in People v. Lopez, an automatic appeal from a September 1998 judgment of death. The appeal was argued in April. The opinion can be viewed online tomorrow beginning at 10:00…
Jun 7
998-settlement-offer and mayhem opinions filing Monday

998-settlement-offer and mayhem opinions filing Monday

The Supreme Court will file two opinions on Monday morning. In Martinez v. Brownco Construction Co., Inc., the court will address the issue: When a plaintiff makes two reasonable settlement offers under Code of Civil Procedure…

Rank this Week: 1190

California Appellate Report

Thoughts on recent Ninth Circuit and California appellate cases, by University of San Diego School of Law Professor Shaun Martin.

http://calapp.blogspot.com/

Jun 18
Lopez-Valenzuela v. County of Maricopa (9th Cir. - June 18, 2013)

Lopez-Valenzuela v. County of Maricopa (9th Cir. - June 18, 2013)

Arizona is probably after that, after losing in the Supreme Court yesterday, it won in the Ninth Circuit today.But its celebration should be tempered. Because my sense is that this one's going en banc.
Jun 18
U.S. v. Vasquez (9th Cir. - June 18, 2013)

U.S. v. Vasquez (9th Cir. - June 18, 2013)

Let me say at the outset that I have little to no knowledge of the practical details of criminal law. I read the various cases, I know the underlying substantive offenses, and I generally know everything one would expect from an…
Jun 17
So. Cal. Edison v. Victorville (Cal. Ct. App. - May 17, 2013)

So. Cal. Edison v. Victorville (Cal. Ct. App. - May 17, 2013)

You might think it would -- or at least should -- be relatively easy to figure would whether you can sue a utility for putting a light pole too close to the street, resulting in injury.If so, you'd be wrong. At least as regards the…

Rank this Week: 127

Changing the Court

A chronicle of how a group of planners and practitioners are attempting to change the Bronx court system's approach to low-level criminal offending. From the Center for Court Innovation.

http://changingthecourt.blogspot.com/

Jun 18
BCS Staff attend 41st Precinct Awards Breakfast

BCS Staff attend 41st Precinct Awards Breakfast

On June 13th, 2013 Robin Berg and I attended the 41st Precinct's 25th Annual Fellowship Breakfast, hosted by Deputy Inspector Philip Rivera. The event was to honor police officers and community members of the 41th Precinct (the Hunts Point…
Jun 14
BCS Clinic Staff attend Trauma Stewardship Training

BCS Clinic Staff attend Trauma Stewardship Training

On June 5th, the clinic staff at Bronx Community Solutions attended a Transforming Trauma workshop, hosted by the Trauma Stewardship Institute (TSI). TSI works with professionals to raise awareness, increase understanding, and manage the…
May 31
Wall Street Journal on AmeriCorps and Public Service

Wall Street Journal on AmeriCorps and Public Service

The Wall Street Journal just published an editorial about the nature of public service in the U.S., linking it to the AmeriCorps program.Bronx Community Solutions has proudly hosted internships for AmeriCorps service members since 2005, and…

Rank this Week: 1151

Circuit Splits

Covers divisions between circuit courts. By Nicholas J. Wagoner.

http://www.circuitsplits.com/

Apr 16
From Dicta to Disarray: Split on the Domestic Relations Exception

From Dicta to Disarray: Split on the Domestic Relations Exception

Today I’m delighted to introduce Ben Ashmore, the founder and president of the National Family Civil Rights Center, as this week’s guest blogger. In In re Burrus, the Supreme Court stated in dicta that “[t]he whole subject of domestic…
Jan 23
Growing Circuit Split Over Removal Statute

Growing Circuit Split Over Removal Statute

In the recent decision in Smith v. Detroit Entertainment, LLC, Slip Copy, 2013 WL 119673 (E.D.Mich. Jan. 9, 2013), the federal court in the Eastern District of Michigan highlighted a growing circuit split over removal statutes - and…
Jan 22
New Article Addresses Circuit Split Over Pay-for-Delay Settlement

New Article Addresses Circuit Split Over Pay-for-Delay Settlement

A new article posted on SSRN, Waiting is the Hardest Part: Why the Supreme Court Should Adopt the Third Circuit's Analysis of Pay-for-Delay Settlement Agreements (by Marlee Kutcher), addresses the current circuit split over the legality of…

Rank this Week: 3983

ConfirmThem

Covers the judicial confirmation battles in the United States Senate.

http://www.beta.confirmthem.com

Sep 17
Constitution Day

Constitution Day

John Vile put it this way: Whereas officers in some dictatorships pledge personal allegiance to their leaders, American officers, like the President himself, pledge first and foremost to uphold the Constitution of the United States. In this…
Sep 17
Constitution Day

Constitution Day

John Vile ">put it this way: Whereas officers in some dictatorships pledge personal allegiance to their leaders, American officers, like the President himself, pledge first and foremost to uphold the Constitution of the United States. In…
Sep 14
Open Thread

Open Thread

I just re-wrote the blurb at the top right of the page ("ABOUT CONFIRMTHEM").

Rank this Week: 1561

Direct Appeal

Covers recent criminal cases from the U.S. Court of Appeals for the Tenth Circuit. By Russell Wheeler.

http://directappeal2.blogspot.com/

May 28
District court reasonably denied competency hearing where defendant’s behavior was merely odd and disruptive

District court reasonably denied competency hearing where defendant’s behavior was merely odd and disruptive

COMPETENCEUnited States v. Landers,No. 08-6105, ___ F.3d ___ (10th Cir. May 5, 2009)(W.D. Oklahoma).Appeal of convictions for conspiring to impede federal officials in performance of their duties and for mailing threatening communications in…
May 28
Due process is not violated by denial of second competency hearing where defendant’s trial behavior is insufficient to show competence compromised

Due process is not violated by denial of second competency hearing where defendant’s trial behavior is insufficient to show competence compromised

DUE PROCESS/COMPETENCEUnited States v. Cornejo-Sandoval,No. 08-2070, ___ F.3d ___ (10th Cir. May 5, 2009)(New Mexico).Appeal of convictions for conspiracy to possess with intent to distribute cocaine in violation of 21 U.S.C. §§ 841(a)(1)…
May 27
Foreclosure price of fraudulently financed property may be used to determine victim’s loss for restitution purpose

Foreclosure price of fraudulently financed property may be used to determine victim’s loss for restitution purpose

RESTITUTIONUnited States v. James,No. 08-1292, ___ F.3d ___ (May 5, 2009)(Colorado)Appeal of restitution order entered in conjunction with conviction for wire fraud and aiding and abetting in violation of 18 U.S.C. §§ 2 and 1343.

Rank this Week: 2447

Eastern District of Texas Federal…

Eastern District of Texas Federal Court Practice

Devoted to practice in the U.S. District Court for the Eastern District of Texas, with special emphasis on patent litigation. By Michael C. Smith.

http://mcsmith.blogs.com/eastern_district_of_texas/

Jun 17
Texas Lawyer - "Patent Law: Best Practices As Seen From The Bench" with Judge Gilstrap and Judge Payne - part 2

Texas Lawyer - "Patent Law: Best Practices As Seen From The Bench" with Judge Gilstrap and Judge Payne - part 2

Texas Lawyer's patent judge roundtable continued this week, with Judges Lynn and Judge Godbey from the Northern District of Texas and Judge Gilstrap and Magistrate Judge Payne from the Eastern District covering joinder and multi-defendant…
Jun 17
Motion for Leave to Supplement Invalidity Contentions Denied

Motion for Leave to Supplement Invalidity Contentions Denied

GeoTag v. Frontier, et al., 2:10cv265 (6/12/13) Judge: Rodney Gilstrap Holding: Defendants' Motion for Leave to Supplement Invalidity Contentions DENIED Defendants sought leave to amend their invalidity contentions pursuant to P.R. 3-6 to add…
Jun 17
Marshall jury finds for defendant Reynold

Marshall jury finds for defendant Reynold

Friday afternoon a Marshall jury in Judge Rodney Gilstrap's court found for defendant Reynolds Consumer Products in a patent infringement case brought by KKG, LLC dealing with crock pot liners. The jury also found that the single asserted…

Rank this Week: 86

ECJBlog

Features news about the European Court of Justice. By Allard Knook.

http://courtofjustice.blogspot.com/

Apr 29
Joined Cases C-399/10 P and C-401/10 P, Bouygue

Joined Cases C-399/10 P and C-401/10 P, Bouygue

Court of Justice qualifies declarations of government support as State aidFrance Télécom SA (‘FT’) was formed in 1991 as a legal person governed by public law, and since 31 December 1996 had had the status of a…
Mar 27
Honorable Mention jury Dutch Social Media Award.

Honorable Mention jury Dutch Social Media Award.

Last Friday, Dutch Publisher SDU awarded the Gouden Zandloper (Golden Hourglass) award on Social Media. The jury rapport explicitly mentions this weblog, describing it as one of the most popular websites on EU Law. Link (in Dutch:)…
Mar 25
Joined Cases C‑186/11 and C‑209/11, Stanleybet et al.

Joined Cases C‑186/11 and C‑209/11, Stanleybet et al.

Court questioning legality Opap’s Greek Gambling Monopoly, for national Court to determine whether aimed at restricting supply of games of chance or combating criminality linked to games of chance>> Stanleybet, William Hill and…

Rank this Week: 2655

Eminent Domain

Covers judicial news.

http://eminentdomain.blogspot.com/

Jan 4
It's Been Fun

It's Been Fun

I know that I've got a sizable collection of posts that start "I know I've been gone for a while," but I thought that I could squeeze one more into the pack. I know I've been gone for a while, but forces much stronger than Blogger.com are to…
Dec 6
A Little More Complicated...

A Little More Complicated...

I had a chance to listen to the audio from the Boumediene v Bush case last night. I previously guessed that this would be a clear 5-4, Kennedy joins the liberals case. After the argument, I'm not so sure anymore. Kennedy was oddly quiet. …
Dec 5
Clinton on the Supreme Court

Clinton on the Supreme Court

Scary title, isn't it? I'm using the word "on" in place of "talking about," so hopefully that should calm some fears. But wait. Don't relax just yet. Here's Senator Hillary Clinton talking about who she would appoint to the Supreme Court…

Rank this Week: 2494

Essentially Contested America

Covers the constitutional, political, and cultural controversies which define the character of America. By Widener University School of Law Professor Robert Justin Lipkin.

http://essentiallycontestedamerica.org

Dec 8
Professor Robert Hayman’s Tribute to Bobby Lipkin

Professor Robert Hayman’s Tribute to Bobby Lipkin

[Author: Robert Hayman] [see photos from event] This will be a short talk about one of Bobby’s “big ideas,” about pragmatism, which might be best described as revolutionary pragmatism. Bobby’s interest in constitutional revolutions is…
Dec 3
Professor Erin Daly’s Presentation in Honor of Robert J. Lipkin

Professor Erin Daly’s Presentation in Honor of Robert J. Lipkin

Author: Erin Daly [see photos from event] I want to thank everyone for coming here today. I think that when we first heard that Bob had died, we were completely bereft. We were completely stunned. Bob had been around here for so long that…
Dec 1
Professor Jim May’s Remarks; A Celebration of Scholarship with the Presentation of The Widener Law Review Special Edition in honor of Robert J. Lipkin

Professor Jim May’s Remarks; A Celebration of Scholarship with the Presentation of The Widener Law Review Special Edition in honor of Robert J. Lipkin

Author: Professor Jim May [see photos from event] Bobby’s constitutional theories were cogent, unconventional and unsettling. Bobby was unafraid of toppling conventional wisdom and subverting dominant paradigms about constitutional…

Rank this Week: 1176

European Court of Human Rights

Covers court decisions and information.

http://ecohr.blogspot.com/

Jun 16
Protest in Turkey: "It is feared a violent reaction"

Protest in Turkey: "It is feared a violent reaction"

In a chat with readers of Monde.fr, Elise Massicard, the French Institute of Anatolian Studies in Istanbul, analyzes the consequences of the events in Turkey. Borzu Why Erdogan denies he heard the protesters? He treats them as "scum" and…
Jun 16
Police disperse protesters gathered in Taksim

Police disperse protesters gathered in Taksim

Turkish police evacuated Saturday, June 15 in the evening thousands of protesters occupied the Gezi Istanbul Park, two hours after a new ultimatum Turkish Prime Minister Recep Tayyip Erdogan ordering them vacate. The police entered the park,…
Jun 15
MEPs say: Expression and media must be free

MEPs say: Expression and media must be free

MEPs are deeply concerned at the disproportionate and excessive use of force by Turkish police to break up peaceful and legitimate protests in Istanbul's Gezi Park. In a resolution voted by a show of hands on Thursday 13 June, they warn…

Rank this Week: 1438

European Court of Human Rights

Covers European Court of Human Rights documents and information.

http://ecohr.wordpress.com

Oct 4
Turkey hittings military targets in Syria

Turkey hittings military targets in Syria

Turkish artillery hit targets near Syria’s Tel Abyad border town for a second day on Thursday, killing several Syrian soldiers according to activists and security sources, after a mortar bomb fired from the area killed five Turkish…
Oct 3
Turkey bombed military targets in Syria

Turkey bombed military targets in Syria

Turkey’s military struck targets inside Syria on Wednesday in response to a mortar bomb fired from Syrian territory which killed five Turkish civilians, Prime Minister Recep Tayyip Erdo?an’s office said in a statement. “Our armed forces…
Oct 2
Russia Calls for Calm on Tense Turkish-Syria Border

Russia Calls for Calm on Tense Turkish-Syria Border

Russian Deputy Foreign Minister Gennady Gatilov has urged restraint between Turkey and Syria, calling for calm on the tense Turkish-Syrian border. “We believe both Syrian and Turkish authorities should exercise maximum restraint in this…

Rank this Week: 5251

Family, Criminal, Personal Injury,…

Family, Criminal, Personal Injury, in Nevada

Covers Nevada Supreme Court cases and laws involving criminal, civil, and family issues. By Anthony Wright.

http://wrightlawnv.blogspot.com/

Mar 3
Modern Relationships in Las Vegas -- Ten things to consider about being single

Modern Relationships in Las Vegas -- Ten things to consider about being single

I have represented divorce and family law clients for nine years in Las Vegas and I pay attention to the trends in society, including the technological changes and the evolving views on relationships. As part of my practice, I not only…
Feb 23
LAS VEGAS WRITER: April Adam

LAS VEGAS WRITER: April Adam

That Don't Make Ya Bad: A Memoir of Addiction:April Aimee Adams tells the heart-wrenching story of a childhood marred by facial scars, an absentee father, and an overworked, inattentive mother. That Don't Make Ya Bad describes the perilous…
Feb 13
RIP Attorney RONA-KAYE T. TUITELE of Las Vega

RIP Attorney RONA-KAYE T. TUITELE of Las Vega

Rona was admitted to practice law in Nevada in 2008. She was a graduate of the William S. Boyd School of Law. She had just turned 33 years old when her spirit left her body.

Rank this Week: 4313

Federalist Society SCOTUScast

Provides expert commentary on U.S. Supreme Court cases as they are argued and issued. By the Federalist Society for Law & Public Policy Studies.

http://fedsoc.server326.com/audio/SCOTUScast/SCOTUScast.xml

Jun 18
Peugh v. United States - Post-Decision SCOTUScast

Peugh v. United States - Post-Decision SCOTUScast

On June 19, 2013, the Supreme Court announced its decision in Peugh v. United States. The question in this case was whether a court violates the Constitution’s prohibition on “Ex Post Facto” laws by using the…
Jun 13
Metrish v. Lancaster - Post-Decision SCOTUScast

Metrish v. Lancaster - Post-Decision SCOTUScast

On May 20, 2013 the Supreme Court announced its decision in Metrish v. Lancaster. The question in this case was whether a petitioner was entitled to federal habeas relief when, in his retrial for murder, Michigan courts relied on…
Jun 11
PPL Corporation and Subsidiaries v. Commissioner of Internal Revenue - Post-Decision SCOTUScast

PPL Corporation and Subsidiaries v. Commissioner of Internal Revenue - Post-Decision SCOTUScast

| On May 20, 2013, the Supreme Court announced its decision in PPL Corporation and Subsidiaries v. Commissioner of Internal Revenue. The case considered whether, in determining the “creditability” of a foreign tax--meaning…

Rank this Week: 488

FlascBlog

Covers the Florida Supreme Court.

http://www.flascblog.com

May 31
The Validity of Attorney’s Fees Alternative Recovery Clause

The Validity of Attorney’s Fees Alternative Recovery Clause

Alternative fee recovery clauses in attorney’s fees agreements that use an hourly rate as the other basis for payment are valid, even if the alternative fee provision would result in higher fees due to the attorney than under the hourly…
May 30
Florida Supreme Court May Decide Whether Online Travel Companies are Subject to the Tourist Development Tax

Florida Supreme Court May Decide Whether Online Travel Companies are Subject to the Tourist Development Tax

One interesting case that the Florida Supreme Court may accept jurisdiction over is Leon County, et al. v. Expedia, Inc., et al. (SC13-838). The essential issue that the Court will have to address, if it takes the case, is whether ……
May 24
Florida Supreme Court Holds that Excessive Caseload in 11th Circuit May Warrant Prospective Rejection of Third-Degree Felony Cases by Public Defender’s Office

Florida Supreme Court Holds that Excessive Caseload in 11th Circuit May Warrant Prospective Rejection of Third-Degree Felony Cases by Public Defender’s Office

Yesterday the Florida Supreme Court issued its much anticipated opinion in Public Defender, Eleventh Judicial Circuit of Florida, et al. v. State of Florida (SC09-1181 and SC10-1349). The 5-2 decision, authored by Justice Quince, considered…

Rank this Week: 2044

Gavel to Gavel

Covers trends in legislative activity as it relates to the courts. By the National Center for State Courts.

http://gaveltogavel.us/site

Jun 13
North Carolina Senate committee amendment rewrites rules of judicial discipline in state, gives more power to legislature over discipline of Supreme Court justice

North Carolina Senate committee amendment rewrites rules of judicial discipline in state, gives more power to legislature over discipline of Supreme Court justice

The North Carolina Senate Judiciary I Committee last week took a bill related to family law appeals and has tacked on whole new sections related to judicial discipline in the state. HB 122 as passed the House dealt with appeals of right to…
Jun 11
After Oklahoma Supreme Court strikes down law, OK House decides to debate term limits for justices; voters tend to reject such proposal

After Oklahoma Supreme Court strikes down law, OK House decides to debate term limits for justices; voters tend to reject such proposal

I mentioned that Oklahoma’s Senate had during the regular session approved a constitutional amendment to subject appellate judges to a single 20-year term. I also noted that Kansas’ House considered late in their session a plan to…
Jun 10
Public financing for NC appellate judicial campaigns now eliminated in all 3 main proposed budget

Public financing for NC appellate judicial campaigns now eliminated in all 3 main proposed budget

I mentioned previously that North Carolina’s public financing system for appellate races is under threat both directly in the form of efforts to repeal the authorization language and indirectly via efforts to repeal and/or defund it…

Rank this Week: 440

Harvard Law & Policy Review Blog

Explores law and policy from new angles, and aims to make unique contributions to discussions unfolding in the national media, local news, and the blawgosphere. Bloggers are progressive law students and lawyers from around the country. The Harvard Law & Policy Review is the official journal of the American Constitution Society.

http://hlpronline.com

Apr 30
Hawaii reporter’s shield bill would protect a narrow class of traditional outlets, journalist

Hawaii reporter’s shield bill would protect a narrow class of traditional outlets, journalist

Follow me @jonathanwpeters on Twitter. A panel of Hawaii lawmakers approved last week a reporter’s shield bill that would eliminate all protections for free newspapers and magazines and for newspapers that distribute content…
Apr 6
Panel 3: The Future of Law and Policy

Panel 3: The Future of Law and Policy

2:20 — Jacqui Bowman of Greater Boston Legal Services kicks off the final panel of the day with a picture of a day at GBLS. 2:24 — Bowman: GBLS makes difficult choices between serving people in dire circumstances, gives example of…
Apr 6
HLPROnline Symposium, Keynote Address: Lessons from Gideon and The Struggle for Access to Justice, by Gene Nichol

HLPROnline Symposium, Keynote Address: Lessons from Gideon and The Struggle for Access to Justice, by Gene Nichol

1:50: Gene Nichol, setting a modest tone for his address: “If George Bush taught us anything, it’s the importance of diminished expectations.” 1:52: Nichol won’t be measuring things, “The bigger I get, the less…

Rank this Week: 2153

INappeals

Coverage of the Indiana Supreme Court and Indiana Court of Appeals. By Bingham McHale.

http://blog.binghammchale.com/blog/inappeals

Aug 24
Wrongful-death suit arising from state fair stage collapse may break legal ground for same-sex couple

Wrongful-death suit arising from state fair stage collapse may break legal ground for same-sex couple

A wrongful-death suit filed by the same-sex partner of a victim of the state fair stage collapse may break legal ground in the treatment of same-sex couples in Indiana. Reuters reported that Tammy VanDam of Wanatah, Ind., 42, was killed by…
Aug 23
U.S. EPA Proposes Conditional Exclusion of Carbon Dioxide from Hazardous Waste Regulation

U.S. EPA Proposes Conditional Exclusion of Carbon Dioxide from Hazardous Waste Regulation

The U.S. EPA has proposed to exclude carbon dioxide streams captured at coal-fired power plants and other large industrial operations from regulation as hazardous waste under the Resource Conservation and Recovery Act (RCRA). The proposal is…
Aug 22
Connect. Mentor. Inspire. Don’t Miss the Integrating Woman Leaders Conference Sept. 13, 2011

Connect. Mentor. Inspire. Don’t Miss the Integrating Woman Leaders Conference Sept. 13, 2011

Bingham McHale is proud to be a part of the 2011 Integrating Woman Leaders Conference, held on Tuesday, September 13 at Conseco Fieldhouse. The conference will encourage women to enhance their personal and professional leadership goals.…

Rank this Week: 4529

INCourts

Covers Indiana court decisions.

http://incourts.blogspot.com/

Jan 19
What a Scribefire Post Looks Like

What a Scribefire Post Looks Like

Just sending this along to see what it looks like in real life, as it were.
Jan 14
Ice is Here--and Chills the Spirit

Ice is Here--and Chills the Spirit

Oregon v. Ice was decided today. (Here at Cornell). 5-4 with a wacky split to say that juries do not need to find facts necessary to impose consecutive sentences. Roberts, Scalia, Souter, and Thomas were the four.
Nov 11
Quote of the Day: On Mediocrity & the Supreme Court

Quote of the Day: On Mediocrity & the Supreme Court

There are a lot of mediocre people in this country, and mediocrity should be represented on the Supreme Court.

Rank this Week: 2778

Judge Bonnie Sudderth

Covers the Texas Rules of Evidence.

http://judgebonniesudderth.wordpress.com/

May 5
Statements Which Are Not Hearsay

Statements Which Are Not Hearsay

While it is generally true that if an animal looks like a duck and quacks like a duck, it’s a duck, when it comes to hearsay statements, this isn’t necessarily so. A statement can look like hearsay, sound like…
Nov 3
Let’s Talk Hearsay

Let’s Talk Hearsay

HEARSAY, GENERALLY
Nov 3
Let’s Talk Hearsay

Let’s Talk Hearsay

HEARSAY, GENERALLY

Rank this Week: 4193

Judge Tom Talks

Review of Oklahoma workers' compensation cases, law, and current trends. By Tom Leonard.

http://judgetom.blogspot.com/

Aug 10
Crosswalk and Disposition Table

Crosswalk and Disposition Table

The Oklahoma Workers' Compensation Act is repealed, and the Oklahoma Workers' Compensation Code is adopted. Most of the old provisions have been retained, but the numbering is new and the subsections have been shuffled. For example §3…
Dec 13
Budget Outlook for Oklahoma

Budget Outlook for Oklahoma

If you are unfamiliar with the Oklahoma Policy Institute, go to its website and bookmark it, add it to you feed reader or follow it on Twitter.
Dec 6
The Bunkhouse Rule

The Bunkhouse Rule

The Supreme Court of South Carolina held that a worker's injuries occurred within the course and scope of his employment where the migrant worker sustained a right ankle fracture when he fell on a wet sidewalk outside housing provided by his…

Rank this Week: 3296

Judging Crimes

Covers criminal law, violent crime and the judiciary. By Joel Jacobsen.

http://www.joeljacobsen.com/journal/

Feb 10
Sweet potatoe

Sweet potatoe

When was America discovered (by humans)? Not 1492, when Columbus sailed the ocean blue. First there were the people from eastern Asia, of course, who arrived many thousands of years ago. Lately there's some renewed debate about exactly…
Jan 17
Getting back to blogging

Getting back to blogging

It's been a refreshing nap. But now I think it's time to get back to blogging. I came very close to burning through my remaining stock of idealism by writing Judging Crimes. Practicing law means chasing trivialities in the pursuit of…
Jul 15
439. Armed incoherence watch

439. Armed incoherence watch

The Chicago gun control decision was a great liberal triumph, the culmination of nearly 50 years of such triumphs. It shows the wonderful influence William Brennan continues to exert beyond the grave. (See post 365.)

Rank this Week: 1885

Juries

Examines interesting and new developments regarding grand juries and trial juries. By Thaddeus Hoffmeister.

http://juries.blogspot.com/

Jun 17
Judge's Comments Prior to Polling the Jury Not Enough to Oveturn the Verdict (U.S. v. Cherry)

Judge's Comments Prior to Polling the Jury Not Enough to Oveturn the Verdict (U.S. v. Cherry)

In U.S. v. Cherry the defendant was convicted by a jury of possession with intent to distribute, possession of a firearm in furtherance of drug trafficking, and possession of a firearm after a felony conviction in violation. When the…
Jun 13
Zimmerman Jurors to be Sequestered

Zimmerman Jurors to be Sequestered

The judge in the Zimmerman murder trial has shifted course and has now decided to sequester the jurors. The Florida judge presiding over George Zimmerman's murder trial reversed herself today and announced that the jurors will be…
Jun 10
Zimmerman Jury New

Zimmerman Jury New

CBS News: Jury selection begins in Trayvon Martin caseABC News: George Zimmerman Jury Selection: Jurors' Race May Be FocusNPR: Trayvon Martin Killing: 2 Sides Want Very Different Jurors Orlando Sentinel: Potential jurors line up at…

Rank this Week: 328

Legal Legacy

Provides book reviews and analyses of notable Supreme Court cases.

http://legallegacy.wordpress.com

Jun 16
Free Founders Online Database at the National Archives Website

Free Founders Online Database at the National Archives Website

The National Archives has announced the Beta Release of 119,000 searchable documents consisting of correspondence and other writings of six Founding Fathers. The project, made available through a cooperative agreement with the University of…
May 28
Free Law on the Web

Free Law on the Web

One of the fantastic benefits of the Internet is that so many cases and codes are available online for free. Here are some links for you to bookmark. Why so many that overlap? They differ in coverage, ease of use, ease of searching,…
May 15
Upholding the Law: Is it the Attorney General’s Job to Help Argue for Laws that are Not Inherently Moral, and How Is The Line Drawn?

Upholding the Law: Is it the Attorney General’s Job to Help Argue for Laws that are Not Inherently Moral, and How Is The Line Drawn?

On April 20, 2013 we attended a panel discussion about the impact of Edward Levi on the office of United States Attorney General. (Edward Levi was the 71st Attorney General, serving from 1975 to 1977. He was recruited from the University of…

Rank this Week: 4618

Maryland Courts Watcher

Features the synopses of opinions from Maryland courts, including the Court of Appeals and the Court of Special Appeals.

http://marylandcourts.blogspot.com/

May 23
Community Clinic, Inc. v. Dept. of Health (Ct. of Special Appeals)

Community Clinic, Inc. v. Dept. of Health (Ct. of Special Appeals)

Filed May 3, 2007--Opinion by Judge Lawrence F. Rodowsky.
May 21
Williams v. Iron Workers Local No. 16 Pension Fund, et al. (Maryland U.S.D.C.) (Not Approved for Publication)

Williams v. Iron Workers Local No. 16 Pension Fund, et al. (Maryland U.S.D.C.) (Not Approved for Publication)

Signed May 2, 2007--Memorandum Opinion by Judge Andre M. Davis.Ronald Williams ("Williams") brought this action against defendants pursuant to the Employee Retirement Income Security Act ("ERISA"), 29 USC § 1001, et seq., to challenege the…
May 20
Stewart v. State (Ct. of Appeals)

Stewart v. State (Ct. of Appeals)

Filed May 11, 2007--Opinion by Judge Irma Raker, Dissent by Chief Judge Robert M. Bell.

Rank this Week: 1029

Mass Appeal!

Covers appellate issues in the Commonwealth of Massachusetts and the First Circuit Court of Appeals.

http://www.mattcameronlaw.com

May 31
Dumb… and DOMA

Dumb… and DOMA

A sampling of today’s headlines: (1) DOMA RULED UNCONSTITUTIONAL BY FEDERAL APPEALS COURT
Dec 7
There Is No Line

There Is No Line

If you like Mass Appeal, please be sure to check out There Is No Line, my newest blogging venture. TINL intends to provide actual facts in response to actual arguments and assertions made by actual people—some of whom are merely misguided…
Oct 27
Massachusetts v. The Internet: Commonwealth 0, Internet 2

Massachusetts v. The Internet: Commonwealth 0, Internet 2

This week’s cautionary tale in sloppy, reactionary lawmaking comes courtesy (as it so often does) of the Massachusetts legislature.

Rank this Week: 1993

New York Court Watcher

Covers the United States Supreme Court, the New York Court of Appeals and other federal and state appeals courts. By Professor Vincent Martin Bonventre.

http://www.newyorkcourtwatcher.com/

Jun 18
Gay Marriage at the Court (Part 2)

Gay Marriage at the Court (Part 2)

In the last post, we considered the arguments against same-sex marriage. We began by listing several which we often hear, but which the lawyers supporting California's Proposition 8 and the federal Defense of Marriage Act (DOMA) certainly did…
Jun 4
Gay Marriage at the Court

Gay Marriage at the Court

It's condemned in the Bible. It's immoral. It's an unnatural perversion. It's a psychological malady. It's a threat to traditional marriage. It's bad for the children. There's no right to homosexual sodomy mentioned or implied in the…
May 14
Protecting Religious Liberty, Part 2 [presentation]

Protecting Religious Liberty, Part 2 [presentation]

This is my attempt at free exercise of religion in a visual nutshell. It's from a presentation I delivered at a recent panel on Protecting Religious Liberty. The event was co-sponsored by several student organizations at Albany Law…

Rank this Week: 1697

News About Dallas Appellate…

News About Dallas Appellate Attorney Chad Ruback

Covers Dallas Court of Appeals developments.

http://news.appeal.pro

Apr 27
Fifth Circuit Court of Appeals Judge Offers Tips on Appellate Advocacy

Fifth Circuit Court of Appeals Judge Offers Tips on Appellate Advocacy

I recently attended a CLE presented by Catharina Haynes, the only federal appellate judge with chambers in the Dallas – Fort Worth area. Judge Haynes offered a number of valuable tips on appellate advocacy: 1. The table of…
Dec 17
Facts in Oral Argument at the Texas Supreme Court

Facts in Oral Argument at the Texas Supreme Court

Last week, Texas Supreme Court Justice Debra Lehrmann spoke in Dallas about (1) how the court decides whether to grant or deny review; (2) common mistakes seen in appellate petitions and briefs; and (3) oral argument at the court. Because…
Dec 16
Common Mistakes Seen in Appellate Petitions and Brief

Common Mistakes Seen in Appellate Petitions and Brief

Last week, Texas Supreme Court Justice Debra Lehrmann spoke in Dallas about (1) how the court decides whether to grant or deny review; (2) common mistakes seen in appellate petitions and briefs; and (3) oral argument at the court. …

Rank this Week: 4718

Ninth Circuit Blog

Provides case summaries and commentary. By Federal Defenders of the Ninth Circuit.

http://circuit9.blogspot.com/

Jun 17
US v. Gillenwater, No. 11-30363…

US v. Gillenwater, No. 11-30363 (6-17-13)(Paez with Fisher and Gould). This is an important and interesting decision: Does a defendant have a right to testify at his competency hearing under 18 USC 4241 and 4247? Yes. Can the government use…
Jun 17
Aleman v. Uribe, No. 09-55837…

Aleman v. Uribe, No. 09-55837 (6-14-13)(Gould with Wardlaw and Wolf, Sr. D.J.) "Hey, it wasn't a Batson violation, it was a mistake" was the explanation of the prosecutor in striking a Hispanic. The prosecutor explained he meant to…
Jun 17
US v. Needham, No. 12-50097 (6-14-13)(M.…

US v. Needham, No. 12-50097 (6-14-13)(M. Smith with concurrence by Berzon and concurrence by Tallman). The defendant allegedly, inappropriately touched a young boy in the restroom. Some police work with a video and credit card from a nearby…

Rank this Week: 819

Nomination Watch

Covers judges who support women's rights. By the National Women's Law Center.

http://www.nominationwatch.org/

May 4
Update

Update

NominationWatch.org is currently on hiatus until major developments in nominations occur. In the meantime, please visitWomenstake.org, NWLC's multi-issue blog. Please continue to come to here for archival information and resources on…
Mar 23
Can it be that employers aren’t discriminating against women when they don’t cover prescription contraceptives?

Can it be that employers aren’t discriminating against women when they don’t cover prescription contraceptives?

In December 2000, the Equal Employment Opportunity Commission (EEOC), the agency that enforces Title VII, the federal law prohibiting sex discrimination in employment, ruled that an employer that does not cover prescription contraceptives in…
Feb 27
A Supreme Court decision protecting rights reverberates . . .

A Supreme Court decision protecting rights reverberates . . .

In Jackson v. Birmingham Board of Education, in which the National Women’s Law Center represented plaintiff Roderick Jackson, the Supreme Court ruled in 2005 that individuals are protected under Title IX if they are retaliated against for…

Rank this Week: 2437

Northern District of California…

Northern District of California Blog

Covers court orders in primarily civil cases from the U.S. District Court for the Northern District of California. By Michael O'Brien.

http://www.ndcalblog.com/

Oct 7
Question 5 - The Angry Decedent Strikes Again Will

Question 5 - The Angry Decedent Strikes Again Will

This question I would rate as a fastball. There are a lot of issues to fly through, but they are the same issues tested in virtually every Wills question since 1980. If you studied the California Probate Code (CPC) you probably did fine.…
Oct 7
Question 3: Can I get a witness? (California Evidence) California Bar Exam

Question 3: Can I get a witness? (California Evidence) California Bar Exam

This is the first of three criminal questions on this test, the most in recent memory since criminal subjects are rarely tested compared to torts and constitutional law. This question is probably to calibrate the testing group…
Oct 7
Question Four: Who wants to be a Dental Hygienist (Contracts, Remedies)

Question Four: Who wants to be a Dental Hygienist (Contracts, Remedies)

Question Four is a pretty standard contracts and remedies question. I score this one as a curveball because you have to untangle the contract mess in order to get to the remedies question. I provided a pair of pretty good strategies for…

Rank this Week: 3680

Ohio Supreme Court Opinion…

Ohio Supreme Court Opinion Summaries

Provides case announcements and decision highlights. From the Supreme Court of Ohio.

http://www.supremecourt.ohio.gov/PIO/summaries

Jul 5
Applicant Permanently Barred from Taking Bar Exam

Applicant Permanently Barred from Taking Bar Exam

The Supreme Court of Ohio today denied the application of Daniel P. Poignon of Monclova to take the Ohio Bar Examination, and permanently barred Poignon from reapplying for admission to the legal profession in Ohio.
Jul 3
Corporation Is Required to Advance Legal Fees To Corporate Director to Defend Lawsuit

Corporation Is Required to Advance Legal Fees To Corporate Director to Defend Lawsuit

The Supreme Court of Ohio ruled today that a corporation cannot avoid its duty under R.C. 1701.13(E)(5)(a) to advance the legal defense expenses of a corporate director who is sued in his or her capacity as a director by claiming that the…
Jun 28
Cleveland Attorney Disbarred

Cleveland Attorney Disbarred

The Supreme Court of Ohio has permanently revoked the law license of Cleveland attorney William M. Crosby for engaging in a pattern of misconduct that included a felony conviction for failing to file federal income tax returns from 2001…

Rank this Week: 4259

One Court of Justice

Covers Michigan's appellate courts. By Warner Norcross & Judd LLP.

http://www.ocjblog.com

Jun 14
COA holds a change in domicile is an appealable final order

COA holds a change in domicile is an appealable final order

In Rains v. Rains, the Michigan Court of Appeals held that the plaintiff could appeal as of right a denial of a motion for change of domicile because such a motion “affects the custody of a minor.” Defendant challenged…
Jun 13
COA holds that grandparents did not have standing to seek granparenting time when their son’s parental rights were terminated

COA holds that grandparents did not have standing to seek granparenting time when their son’s parental rights were terminated

In Porter v. Hill, the Michigan Court of Appeals held that grandparents did not have standing to seek grandparenting-time when their deceased son’s parental rights terminated because of abuse. The Michigan Court of Appeals affirmed the…
Jun 13
MSC determines that refusal to bargain over change in actuarial table to calculate employee retirement benefits did not constitute an unfair labor practice

MSC determines that refusal to bargain over change in actuarial table to calculate employee retirement benefits did not constitute an unfair labor practice

Under the public employment relations act (PERA), the failure of public employers to bargain with their employees’ representatives regarding the “terms and conditions of employment” constitutes an unfair labor practice.…

Rank this Week: 4552

Oral Arguments

From the Eighth Circuit U.S. Court of Appeals.

http://www.ca8.uscourts.gov

Jun 14
12-3332: United States vs John Markert

12-3332: United States vs John Markert

Oral argument argued before the Eighth Circuit U.S. Court of Appeals on or about 06-14-2013
Jun 14
12-3903: United States vs Edgar Barraza-Maldonado

12-3903: United States vs Edgar Barraza-Maldonado

Oral argument argued before the Eighth Circuit U.S. Court of Appeals on or about 06-14-2013
Jun 14
12-1616: Maurice Anderson vs John King

12-1616: Maurice Anderson vs John King

Oral argument argued before the Eighth Circuit U.S. Court of Appeals on or about 06-14-2013

Rank this Week: 624

PATracer

Reports on patent litigation appeals pending before the Federal Circuit.

http://www.patentlit.com

Aug 1
Duboise v. Office of Personnel Management.

Duboise v. Office of Personnel Management.

2010/1/25 : Docket 09-3154 : MSPB : Duboise v. Office of Personnel Management.
Aug 1
Therasense, Inc. v. Beckton, Dickinson and Co.

Therasense, Inc. v. Beckton, Dickinson and Co.

2010/1/25 : Docket 09-1008 : DCT : Therasense, Inc. v. Beckton, Dickinson and Co.
Aug 1
Blakley v. U.S.

Blakley v. U.S.

2010/1/27 : Docket 09-5047 : CFC : Blakley v. U.S.

Rank this Week: 5291

Ratio Juris

Offers perspectives on judicial decisionmaking and the legal process. By Professors Jim Chen, Alfred Brophy, Stefanie Lindquist, R.J. Lipkin, Chad M. Oldfather, Lori A. Ringhand, and Elizabeth Weeks.

http://ratiojuris.blogspot.com/

Jun 14
Open U.S. Intervention in Syrian War

Open U.S. Intervention in Syrian War

Most of us are waking up to the following news about the Syrian war: WASHINGTON — “The White House declared Thursday that Syria had crossed a ‘red line’ by using chemical weapons in that country’s civil war, and…
Jun 2
Psychoanalysis & Buddhism: A Basic Reading Guide

Psychoanalysis & Buddhism: A Basic Reading Guide

This is a subject I hope to post something on in the near future, but in the interim I thought I’d make available some of the titles I’ll be reading in preparation. Aronson, Harvey B. Buddhist Practice on Western Ground:…
May 30
Rutgers-Newark Law School: People’s Electric

Rutgers-Newark Law School: People’s Electric

Professor George W. Conk has published his much anticipated (well, at least in some quarters) article on Rutgers-Newark Law School—People’s Electric—in the 1960s and ‘70s. Loyal and attentive readers might recall the…

Rank this Week: 2517

SCOTUSblog

Covers the Supreme Court of the United States. By Bloomberg Law.

http://www.scotusblog.com/

Jun 18
Tuesday round-up

Tuesday round-up

Coverage and commentary focused on the five opinions that the Court issued yesterday; this blog’s round-ups of the early coverage of the decisions can be found here and here. Coverage of the opinion in Arizona v. The Inter Tribal…
Jun 18
Petition of the day

Petition of the day

The petition of the day is:
Jun 17
Reconciling ceilings and floors: Alleyne v. United State

Reconciling ceilings and floors: Alleyne v. United State

If at first you don’t succeed, try, try again. That would seem to be the lesson from the Court’s decision in Alleyne v. United States, which today resolved a decade-old controversy regarding the constitutional distinction…

Rank this Week: 18

Second Circuit Blog

Feature case summaries and commentary by the Federal Defenders office in New York City.

http://circuit2.blogspot.com/

Nov 17
On Bank

On Bank

United States v. Gyanbaah, No. 10-2441-cr (2d Cir. November 8, 2012) (Winter, Lynch, Carney, CJJ)
Nov 17
Radio Smack

Radio Smack

United States v. Lacey, No. 11-2404-cr (2d Cir. November 7, 2012) (Winter, Straub, Lynch, CJJ)
Nov 17
PC World

PC World

United States v. Harrison, No. 11-1240-cr (2d Cir. November 6, 2012) (Cabranes, Chin, Carney, CJJ) (per curiam)

Rank this Week: 2445

Second Circuit Sentencing Blog

Summaries and commentary on substantive sentencing decisions in the Second Circuit. By Harlan J. Protass.

http://federalsentencing.typepad.com/developments_in_federal_s/

Nov 23
Failure To Make Adequate Findings Concerning Role Adjustment Results In Reversal

Failure To Make Adequate Findings Concerning Role Adjustment Results In Reversal
Nov 22
Second Circuit: Guidelines Sentence CAN Create Unwarranted Sentencing Disparity

Second Circuit: Guidelines Sentence CAN Create Unwarranted Sentencing Disparity
Nov 22
4 Month Sentence for Federal Class B Misdemeanor

4 Month Sentence for Federal Class B Misdemeanor

Rank this Week: 584

Second Opinions

Covers the United States Court of Appeals for the Second Circuit and its opinions. By Sanford Hausler.

http://secondopinions.blogspot.com/

May 23
More certified questions -- Turnover order

More certified questions -- Turnover order

The Second Circuit has certified two questions to the New York Court of Appeals. The questions are:(1) May a court issue a turnover order pursuant to N.Y. CPLR § 5225(b) to an entity that does not have actual possession or custody…
May 23
Certified Question -- Coverage for Replacement Cost

Certified Question -- Coverage for Replacement Cost

The Second Circuit has certified a question to the New York State Court of Appeals. The question is:If a fire insurance policy contains (1) a provision allowing reimbursement of replacement costs only after the property was replaced and…
May 13
Oy!

Oy!

Don't neglect your deadlines in the Second Circuit; you may not get a second chance. The Second Circuit denied an appellant's motion to reinstate its appeal after it had missed a filing deadline. And the opposing party had not…

Rank this Week: 2438

Seventh Circuit Blog

Case summaries and commentary by Federal Defenders of the Seventh Circuit.

http://circuit7.blogspot.com/

Feb 21
Gearing up for the Post-Rita/Claiborne World?

Gearing up for the Post-Rita/Claiborne World?

United States v. Nitch, No. 05-2603 (February 21, 2007): Mr. Nitch received a sentence of 168 months, which was apparently within his calculated guidelines range, although the opinion does not state what that range was. In imposing sentence,…
Feb 13
Ineffective Assistance of Counsel

Ineffective Assistance of Counsel

Christopher Raygoza v. Don Hulick, No. 05-2340 (January 25, 2007): Mr. Raygoza was convicted of murder. The Seventh Circuit granted habeas corpus relief based on ineffective assistance of counsel.
Feb 12
Fraud Guidelines and the Risk of Death or Bodily Injury

Fraud Guidelines and the Risk of Death or Bodily Injury

United States v. Adam Babul, No. 05-4538 (february 9, 2007): Mr. Babul aided applicants for truck driving licenses. In order to take advantage of the easier licensing procedures in Wisconsin, he helped his applicants create false claims of…

Rank this Week: 2769

Sixth Circuit Appellate Blog

Covers news about and opinions issued by the U.S. Court of Appeals for the sixth Circuit with an emphasis on business cases. By Squire Sanders.

http://www.sixthcircuitappellateblog.com/

Jun 14
Sixth Circuit Considers Class Action Waiver

Sixth Circuit Considers Class Action Waiver

Class action waivers have garnered significant attention in the arbitration context over recent years, including several cases that have reached the Supreme Court on this and related issues. Earlier this week, in Lowry v. JPMorgan Chase…
Jun 11
Sixth Circuit Holds That A Defendant’s Incomplete Offer of Judgment Under Civil Rule 68 Does Not Moot Case

Sixth Circuit Holds That A Defendant’s Incomplete Offer of Judgment Under Civil Rule 68 Does Not Moot Case

In a noteworthy decision earlier today involving the mootness doctrine and the scope of Rule 68 of the Federal Rules of Civil Procedure, the Sixth Circuit held that an offer of judgment does not moot a plaintiff’s claims where the…
Jun 10
Judge Gibbons to Headline Judges’ Night Dinner

Judge Gibbons to Headline Judges’ Night Dinner

This Wednesday, June 12, the Cincinnati/Northern Kentucky chapter of the Federal Bar Association will once again host the Annual Judges’ Night Dinner. If you are interested, further details about the dinner are available here…

Rank this Week: 4940

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