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Fifth Circuit Holds that Defense Motion to Dismiss for Lack of Subject Matter Jurisdiction Should have been Denied Because State Removed Class Action to Federal Court Disabled persons filed a putative class action against the State of Texas alleging that its fee-based parking placard program violated the federal American with Disabilities Act (ADA); the defense removed the action to federal court and then moved to dismiss the action on state sovereign… [read post]

Class Action Defense Blog - http://classactiondefense.jmbm.com/

Modify Alimony and Child Support – Substantial Change in Condition – Shirey v. Shirey

1 Oct 2019, 6:21 am by Carolina Attorneys

While legally separated and divorce was contemplated and after the Consent Order had been entered, Husband and Wife purchased a residence as listed tenants by the entirety located at 25 Park Avenue, Vero Beach, Florida (“Vero Beach Property”). [read post]

North Carolina Family Law Updates - https://divorce.carolinaattorneys.com/blog/

(1) Evidence was sufficient to prove a violation of 18 U.S.C. § 2251(a) — which prohibits using a minor to engage in sexually explicit conduct to produce a visual depiction of that conduct — when the defendant created a video showing a fully clothed, sleeping teenager and the defendant (nearby) engaging in conduct with himself. (2) Also, a 5-level sentencing enhancement, for engaging in a “pattern of activity” involving “prohibited sexual conduct,” was proper — under U.S.S.G. § 4B1.5(b)(1) — based on the offense of conviction and proof (by a preponderance) of just one other prohibited act. (3) Finally, a 70-year prison sentence, the Circuit holds. isn’t substantively unreasonable. United States v. Osuba, No. 20-3322, __ F.4th ____ (2d Cir. Apr. 17, 2023) (C.J.J.’s Calabresi, Park, Nardini).

24 Apr 2023, 2:08 pm by Darrell Fields

United States v. [read post]

Federal Defenders of New York Blog - http://blog.federaldefendersny.org/

Indiana Utility Law – Bender Enterprises, LLC v. Duke Energy, LLC, 22A-PL-1230 (Ind. Ct. App. 2022)

8 Feb 2023, 7:41 am by Parr Richey Frandsen Patterson Kruse LLP

Park Bd. of Ripley, Dearborn and Decatur Cnty.s v. [read post]

Indiana Business Lawyer Blog - http://www.indianabusinesslawyerblog.com/

Defendant arrested outside his home wanted his shoes, so officers could follow him in

21 Jun 2007, 3:44 pm

United States v. [read post]

FourthAmendment.com - http://fourthamendment.com/blog/index.php?blog=1

[Eugene Volokh] Court Reverses Order That Barred Former Church Member from Saying Anything About Pastor

11 Feb 2019, 3:05 pm by Eugene Volokh

Giboney v. [read post]

The Volokh Conspiracy - http://www.volokh.com/

AZ: Gun in vehicle could be seized under "community caretaker doctrine" which is not the same as Quarles's Fifth Amendment public safety exception

2 Aug 2010, 6:40 am

State v. [read post]

FourthAmendment.com - http://fourthamendment.com/blog/index.php?blog=1

The likelihood of prejudice is acute when the proffered evidence is proof of a defendant’s uncharged misconduct

19 Jul 2010, 3:26 pm by PaulKostro

[State v. [read post]

NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues

Federal Court Seeks Clarification of State Law in Premises Liability Lawsuit

4 Apr 2016, 9:56 am by Charles B. Roberts & Associates, P.C.

Johnson v. [read post]

Virginia Injury Lawyers Blog - http://www.virginiainjurylawyersblog.com/

Jackpot!! Justia Weekly Writers’ Picks – April 4, 2014

4 Apr 2014, 9:45 am by Cicely Wilson

McCutcheon v. [read post]

Justia Law, Technology & Legal Marketing Blog - http://onward.justia.com/

TN: Informant hearsay failed Aguilar/Spinelli because of lack of corroboration

2 May 2008, 1:44 pm

State v. [read post]

FourthAmendment.com - http://fourthamendment.com/blog/index.php?blog=1

Gun Show Second Amendment Case Remanded Back to Original Panel — Gun Show Organizers Unlikely to Win There

12 Jul 2010, 12:18 pm by Eugene Volokh

But the panel also ruled that a county ban on gun possession in county parks and fairgrounds was constitutional, because such property fell within the “sensitive places” exception to Second Amendment protection (announced by the Supreme Court D.C. v. [read post]

The Volokh Conspiracy - http://volokh.com

A trial court does not have an obligation to warn a witness that his or her testimony may be self-incriminating

21 Jul 2010, 8:33 am by PaulKostro

Div. 2006); see also State v. [read post]

NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues

Illinois Supreme Court Will Decide Wrongful-Death Claim After Statute of Repose Expired

3 Oct 2016, 8:00 am by Robert Kreisman

Sheri Lawler v. [read post]

Chicago Medical Malpractice Attorney Blog - http://www.robertkreisman.com/medical-malpractice-lawyer/

San Jose Criminal Defendant Sentenced to 25 years to Life for Violent Crime

7 Jun 2012, 6:52 pm

See People v. [read post]