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Intellectual Property Case not ‘exceptional’ under Lanham Act
Where the district court’s conclusions that one party was prevailing and that this case was “exceptional” under the Lanham Act were both rejected, an award of attorneys’ fees was reversed. Background Citi Trends Inc. filed a declaratory judgement action against Coach Inc. and Coach Services Inc. The district court exercised its discretion to decline to […]
Criminal No sentence reduction for felon’s crime of violence
Where a defendant found guilty of being a felon in possession of a firearm under the Armed Career Criminal Act, or ACCA, had his sentenced reduced because of a 2015 Supreme Court decision, the reduction was in error because his predicate conviction was sufficient to categorically qualify as a crime of violence under ACCA’s force […]
Criminal Defendant’s threat of ‘manhunt’ for officers supported warrant
Where the defendant made a series of online threats against police officers generally, as well as threats that he was on a “manhunt” for three particular officers, the search warrant was adequately supported. And where he failed to establish that omitted statements were material to the magistrate’s probable cause determination, he was not entitled to […]
Criminal Police officers guilty of racketeering
Two Baltimore police officers charged with robbing citizens during the course of their police work and committing fraud in obtaining overtime pay were unsuccessful in arguing that the evidence was insufficient to hold them liable for racketeering and conspiracy and that their sentences were excessive. Background In February 2017, a federal grand jury indicted several […]
Insurance Declaratory judgment ruling was premature
Where an insurance provider asked whether it must pay a judgment against one party if another party prevailed in the underlying state court case and the district court resolved issues as part of its declaratory judgment ruling, that ruling was in error because it was based on a limited record and could have a preclusive […]
Civil Rights Officer denied qualified immunity after shooting in victim’s home
Where police shot at a man 29 times in his dwelling after officers armed with assault rifles entered the home with a warrant to search for drugs and failed to identify themselves as police, the facts showed an officer’s use of excessive force violated the Fourth Amendment and that this right was clearly established at the […]
Attorneys Law firm challenges use of ‘filter team’ to review its files
Where a district court allowed a government “filter team” to review privileged attorney-client documents unrelated to the investigation of lawyer A and client A, it was in error because it assigned judicial functions to the filter team and failed to properly weigh the foundational principles that protect attorney-client relationships. Background The appellant is a Baltimore […]
Immigration Immigration petition properly rejected
The U.S. Citizenship and Immigration Services, or USCIS, application of the law that was in effect when an Alien Relative petition brought by an immigrant and his wife was adjudicated, rather than the statute that was in effect when the petition was filed, was not arbitrary treatment and not in error. Background Curtis Dewayne Moore and […]
Insurance Policy applies where worker injured by third party
Where an employee was injured on the job by the owner of the home that was under construction, his suit against the owner is not precluded by the worker’s compensation exclusion or the employee indemnification and employer’s liability exclusion in his employer’s insurance policy. Background While employees of Milton Hardware LLC, including Milton Hardware’s owner, […]
Constitutional SC stopped from ending Planned Parenthood agreement
Where the Medicaid Act’s free-choice-of provider provision creates a private right enforceable under 42 U.S.C. § 1983 and the Medicaid recipient established she would suffer irreparable harm in the absence of a preliminary injunction, South Carolina was stopped from terminating Planned Parenthood’s provider agreement. Background The district court here issued a preliminary injunction in favor[...]
Administrative Denied benefits, woman challenges expert’s testimony
Although a woman argued her residual functional capacity, which limits her to “simple, routine, repetitive tasks,” conflicted with the vocational expert’s testimony about the category of tasks she is able to perform, there is no inconsistency between her capacity and the notion of “detailed but uninvolved … instructions” and tasks with “a few variables.” Background Angela [&he[...]
Criminal Warrantless search of defendant’s apartment was not unlawful
Where a North Carolina statute authorized warrantless searches of post-release supervisees by a probation officer, the search of defendant’s apartment was not unlawful, even though his own supervision agreement only authorized warrantless searches of his residence by his assigned probation officer, because the statutory condition could not be changed. Background Javion Scott pleaded guilty to p[...]
Top Legal News
- JPMorgan to pay $75M on Epstein trafficking claim
- Hunter Biden sues Giuliani over computer data access
- Technology and legal education
- NC Medicaid expansion launches Dec. 1
- Whistleblowers want court to continue Paxton lawsuit
- Attorneys: First Amendment protects Trump in ‘insurrection’ cases
- Cooper allows budget to become law; Medicaid will expand
- Alabama fraternity faces hazing lawsuit
- Judge handling Trump case faces tremendous pressure
- VIDEO: 5 Questions With … Jan E. Pritchett
- Conflicted Appeals Court affirms removal of Superior Court clerk
- NC transgender health case might go to high court
Commentary
- Amotion sees resurgence after almost a decade
- The flip side of generative AI in law and how to address it
- The fight for equal educational opportunity continues
- Court’s term was rough on big business
- Ex-president, bar association have made their choice
- Ruling sharpens boundaries in attorney-client privilege
- Lawyers Weekly debuts new and improved web experience
- US Supreme Court bites back at parody’s use of the First Amendment
- Supreme Court leaves key internet protection untouched
- Case study: North Carolina courts provide guidance on scope, limitations of attorney-client privilege
- A Different Ode to Pro Bono Work
- A roadmap to attracting, developing, retaining great associates
