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The court noted that, even though the Plaintiff was a temporary employee, her employment activities were under the control of the Defendant, not the temporary agency that had placed her to work at the Defendant’s location. [read post]

Tort Talk - http://www.torttalk.com/

N.D.Ga.: Defendant consented to officer looking at missed calls log on cell phone, and text message accidentally seen was in plain view

29 Mar 2011, 5:11 am

Street, 472 F.3d 1298, 1308-09 (11th Cir. 2006), nothing in the facts of this case suggest that Agent McCleod exceeded the scope of Dobbs' consent. [read post]

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

E.D.Mo.: Even if defendant had standing in the basement of another, the other could consent to a search

19 Apr 2012, 4:24 am

Almeida-Perez, 549 F.3d 1162, 1170-71 (8th Cir. 2008). [read post]

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

Challenging Sufficient Evidence To Support Other Acts Under FRE 404(b)

27 Oct 2009, 12:52 am

Turner, _ F.3d _ (8th Cir. [read post]

Federal Evidence Review Blog - http://federalevidence.com/blog

Third Circuit Examines United States v. Gunter In Light of Supeme Court's Sentencing Jurisprudence

16 Jun 2008, 6:25 am

" Gunter, 462 F.3d at 248-49. [read post]

Third Circuit Blog - http://circuit3.blogspot.com/

(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

Osuba, No. 20-3322, __ F.4th ____ (2d Cir. [read post]

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

Officers with an arrest warrant do not need to wait for the defendant to come out

16 Nov 2007, 4:50 am

Lovelock, 170 F.3d 339, 343 (2d Cir. 1999) (quoting Payton v. [read post]

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

Fujitsu v. Belkin Revisited

19 Sep 2011, 3:00 am by Ted Folkman

Belkin International, the court rejected an attempt at service of process on Taiwanese defendants, D-Link Corp. and ZyXEL Communications Corp. [read post]

Letters Blogatory - http://lettersblogatory.com/

Search of passenger's purse incident to driver's PV arrest invalid

14 Dec 2008, 12:45 pm

Vaughan, 718 F.2d 332 (9th Cir. 1983) (search incident of passenger's briefcase unlawful). [read post]

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

Lost Profits Claim Dismissed Where Plaintiff Did Not Provide Sufficient Evidence to Support the Entire Market Value Rule in Opposing Summary Judgment

13 Jan 2012, 4:40 am

Gateway, Inc. 580 F.3d 1301, 1336 (Fed. [read post]

Patent Lawyer Blog - http://patentlaw.jmbm.com/

Court finds Defendants are Entitled to Recover $55,649.98 in e-Discovery Costs

27 Feb 2015, 3:24 pm by K&L Gates

Litig–WCG Subclass, 558 F.3d at 1150. [read post]