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Under 18 U.S.C. § 1591, the term “commercial sex act” — defined as “any sex act, on account of which anything of value is given to or received by any person,” id. § 1591(e)(3) — doesn’t require that the “[]thing of value” have a monetary value; it can be something “intangible” that has a subjective value to the person receiving it. United States v. Raniere, Nos. 20-3520-cr(L), 20-3789-cr(Con), __ F.4th ____, 2022 WL 17543156 (2d Cir. Dec. 9, 2022) (C.J.J.’s Calabresi, Cabranes, and Sullivan).
14 Dec 2022, 8:46 am by Darrell Fields
Raniere, Nos. 20-3520-cr(L), 20-3789-cr(Con), __ F.4th ____, 2022 WL 17543156 (2d Cir. [read post]
Federal Defenders of New York Blog - http://blog.federaldefendersny.org/
¿TERRORISMO, TERRORISTAS, ACABÉMOLOS DE UNA VEZ?
14 Dec 2022, 6:41 am by José Guillermo
"Las protestas físicas para reclamar son aceptables escuche a una señora entrevistada por "los amos de la decencia y la verdad", pero las protestas actuales son inaceptables agregaba a renglón seguido; esta declaración es ¡¡¡TERRORISTA!!!! [read post]
Nuevo Código Procesal Penal - Una Lectura Fácil - http://www.joseguianderson.blogspot.com/
McKennon Law Group Defeats Motion to Dismiss Breach of Fiduciary Duty Claim in Western Kentucky
13 Dec 2022, 5:37 pm by McKennon Law Group
” Krohn, 173 F.3d at 547. [read post]
Insurance & ERISA Litigation Blog - https://mslawllp.com/insurance-erisa-litigation-blog/
Third Circuit holds that “loss,” for Guidelines purposes, means actual loss, not intended loss.
13 Dec 2022, 9:01 am by Edward S. Zas
Banks, — F.4th —-, 2022 WL 17333797 (3d Cir. [read post]
Federal Defenders of New York Blog - http://blog.federaldefendersny.org/
When does the word "bitch" not support a sex discrimination case?
13 Dec 2022, 6:42 am by Second Circuit Civil Rights Blog
Defendant said plaintiff was fired because she was too difficult to work with. [read post]
Wait A Second! - http://secondcircuitcivilrights.blogspot.com/
Incapacity to Proceed (G.S. Chapter 15A) and Incompetency (G.S. Chapter 35A): Apples and Oranges?
13 Dec 2022, 5:53 am by Timothy Heinle
Barnett, 920 F.2d 1190 (4th Cir. 1990) (holding that defense counsel performed deficiently and prejudiced his client by failing to investigate the defendant’s incapacity). [read post]
North Carolina Criminal Law Blog - http://nccriminallaw.sog.unc.edu/
Quick Hits, Happy Holidays edition – ADA website litigation.
12 Dec 2022, 5:53 pm by Richard Hunt
Dunkin’ Donuts LLC, 741 F. [read post]
Accessibility Defense - http://accessdefense.com
November 2022 Law Faculty Publications & News
12 Dec 2022, 1:18 pm by bndmorris
Beyer’s article Annual Survey of Texas Law: Wills & Trusts was cited in the following publication: Mary F. [read post]
The Reporter - https://texastechlawlibrary.wordpress.com
Elon Musk defends his tweet that just said "My pronouns are Prosecute/Fauci."
12 Dec 2022, 3:38 am
He doesn't defend the original choice to stick them together, a choice that was supported only, I think, by comical absurdity. [read post]
Althouse - https://althouse.blogspot.com
Collateral Estoppel Beats Precedent Every Time
11 Dec 2022, 5:18 pm by Dennis Crouch
Motorola, 52 F.4th at 1350 (Fed. [read post]
Patently-O - https://patentlyo.com
MIAMI BUSINESS LITIGATION: PRESUMPTION OF IRREPARABLE INJURY IN NON-COMPETE LAWSUITS
10 Dec 2022, 1:38 pm by Mavrick Law Firm
Gordon, 567 F.3d 1223 (11th Cir. 2009), which treated non-compete, non-solicitation, and “client non-compete” provisions, and a “clause concerning confidential information” in the same agreement as four separate restrictive covenants and permitted a universal presumption of irreparable harm because the defendant “breached all four [r]estrictive [c]ovenants. [read post]
Florida Business Litigation Lawyer Blog - https://www.mavricklaw.com/blog/
Illinois Appellate Court Holds When More Than Two Years Have Passed After Decedent’s Death, Mortgagee May Not Initiate a Foreclosure
9 Dec 2022, 2:00 am by Robert Kreisman
In re Estate of Thomas F. [read post]
Chicago Injury Lawyer Blog - http://www.robertkreisman.com/injury-lawyer/
GAYLES BLAST US ATTORNEYS FOR SPYING ON DEFENSE
8 Dec 2022, 6:48 pm
 You don't tug on Superman's capeYou don't spit into the windYou don't pull the mask off the old Lone Ranger And in the SDFL - if you're a prosecutor you do not F with David Markus. [read post]
Justice Building Blog - http://justicebuilding.blogspot.com/
The Second Circuit holds that N.Y. Attempted Third-Degree Sale of a Controlled Substance, N.Y.P.L. 220.39(1) is NOT a Guidelines Controlled Substance Offense
8 Dec 2022, 12:13 pm by Daniel Habib
Townsend, 897 F.3d 66 (2d Cir. 2018). [read post]
Federal Defenders of New York Blog - http://blog.federaldefendersny.org/
Collateral Estoppel between IPRs
8 Dec 2022, 10:19 am by Dennis Crouch
Alps S., LLC, 735 F.3d 1333 (Fed. [read post]
Patently-O - https://patentlyo.com
In an appeal from a district court’s decision declining to “reopen [a] detention hearing under 18 U.S.C. § 3142(f),” the Second Circuit concludes that the district court declining to reopen the detention hearing wasn’t an abuse of discretion. And the district court’s consideration of the strength of the evidence against the defendant, in weighing the bail factors listed in § 3142(g), didn’t impinge on the presumption of innocence because that’s a trial right that “has no application to a determination of the rights of a pretrial detainee.” United States v. Zhang, No. 22-1761-cr, __ F.4th ____, 2022 WL 17419594 (2d Cir. Dec. 6, 2022) (C.J.J.’s Raggi, Wesley, and Nardini).
8 Dec 2022, 9:39 am by Darrell Fields
Zhang, No. 22-1761-cr, __ F.4th ____, 2022 WL 17419594 (2d Cir. [read post]
Federal Defenders of New York Blog - http://blog.federaldefendersny.org/
GWU Adjunct Law Professor Loses Worker’s Compensation Case
8 Dec 2022, 7:44 am by jonathanturley
Wutoh, 788 F. [read post]
Jonathan Turley - https://jonathanturley.org/
TPPA Petition to Dismiss Could Not Be Filed After Plaintiff Took Voluntary Dismissal.
8 Dec 2022, 6:31 am by The Law Offices of John Day, P.C.
Rule 41.01 states that “[i]f a counterclaim has been pleaded by a defendant prior to the service upon the defendant of plaintiff’s motion to dismiss, the defendant may elect to proceed on such counterclaim in the capacity of a plaintiff. [read post]
Day on Torts - http://www.dayontorts.com/
Anti-Black Bias and the Allure of “Whiteness”
8 Dec 2022, 6:30 am by Guest Blogger
In the recording, Councilman De León reportedlydescribed one of his White colleagues as the council’s “fourth Black member” and as someone who “won’t f-cking ever say [a] peep about Latinos. [read post]
Balkinization - http://balkin.blogspot.com/
Federal Court Reviews Five Factor Test for Imposition of Discovery Sanctions
8 Dec 2022, 5:00 am
S&F Logistics, No. 5:21-CV-04062-JMG (E.D. [read post]
Tort Talk - http://www.torttalk.com/