Top Legal News

A new study by Toben Nelson of the University of Minnesota’s School of Public Health made some splashy headlines this week – he believes colleges and universities aren’t doing enough to combat alcohol abuse among students. His findings are based on colleges’ implementation rates of a 2002 set of NIAAA recommendations to reduce underage drinking. According to Inside Higher Ed, some experts are skeptical of Nelson’s findings, including Jim Turner of the National Social Norms Institute at... Continue Reading

US v. Faulkenberry, 08-4233, concerned a challenge to a conviction of defendant for securities fraud, wire fraud, money laundering, and conspiracies to commit these crimes.  In affirming in part, the court held that sufficient proof supported defendant’s wire fraud, securities fraud, and  conspiracy to commit wire and securities fraud convictions.  However, the court reversed the judgment with respect to defendant’s money laundering conviction as, to prove a ... Continue Reading

Spengler v. Worthington Cylinder, 08-3110, concerned a challenge to the district court’s denial of defendant’s Rule 50(b) motion and jury verdict in favor of the plaintiff, in plaintiff’s age discrimination suit against his former employer under the Age Discrimination in Employment Act and Ohio’s anti-discrimination statute.  In afirming, the court held that the district court did not err in allowing plaintiff’s case to proceed to trial as the languag... Continue Reading

US v. Horn, 09-5090, concerned proceedings arising from defendant’s motion for resentencing based on Guidelines Amendment 709, arguing that he was not a career offender under the amendment because his two prior robbery convictions would no longer count as separate offenses.  In reversing the district court’s grant of the motion, the court held that the district court lacked the authority to resentence defendant because 18 U.S.C. section 3582(c)(2) and U.S.S.G. section ... Continue Reading

US v. Street, 08-6242, concerned a challenge to the district court’s affirmance of the magistrate judge’s denial of defendant’s motion to suppress in a prosecution for conspiring to possess and distribute methamphetamine and related crimes.  In affirming the conviction, the court held that the police did not violate the Fourth Amendment during the search and arrest of defendant, that no error occurred in the district court’s substitution of an alternate juror in the ... Continue Reading

Vidiksis v. EPA, No. 09-12544, involved an action by the EPA against defendant-property owner and lessor alleging violations of the Toxic Substances Control Act.  The court of appeals affirmed judgment for the EPA, on the grounds that 1) the Lead Hazard Act contained specific language to be provided in sales transactions, and the EPA had the authority to issue regulations under that language; 2) there was no specific statutory requirement that the EPA adjust downward for lack of prior histo... Continue Reading

Estate of Ahuva Amergi v. Palestinian Auth., No. 09-13618, concerned an action arising from the murder of Ahuva Amergi, an Israeli citizen who was shot and killed as she drove her car in the Gaza Strip in February of 2002, allegedly by agents of the Palestinian Authority.  The Eleventh Circuit affirmed the dismissal of the action for lack of subject matter jurisdiction, on the ground that the act plaintiffs alleged — a single killing by non-state actors purportedly in the course ... Continue Reading

Baby Buddies, Inc. v. Toys “R” Us, Inc., No. 08-17021, involved an action alleging that Toys R Us’s pacifier holder infringed plaintiff’s copyright in its own similar pacifier holder.  The court of appeals affirmed summary judgment for defendant on the grounds that 1) the parties created distinctly different designs from an aesthetic perspective; and 2) no reasonable jury could conclude that the pacifier holders were substantially similar at the protected level. Brow... Continue Reading

Cappuccitti v. DirecTV, Inc., No. 09-14107, involved an action against DirecTV, Inc., seeking the recovery, on behalf of plaintiffs and similarly situated DirecTV subscribers in Georgia, of the fees DirecTV charged its subscribers for canceling their subscriptions prior to the subscriptions’ expiration.  The court of appeals vacated the district court’s partial dismissal of the complaint on the merits, holding that the district court lacked subject matter jurisdiction under the ... Continue Reading

In US v. McCann, No. 09-30550, the court of appeals affirmed defendant’s conviction for being a felon in possession of a firearm, on the grounds that 1) the factual contents of the prosecutor’s closing comments were limited to evidence that was in the record; 2) defendant’s substantial rights were not prejudiced by an improper prosecutorial vouching for the credibility of the officers at issue; and 3) the district court did not err by refusing to exclude the evidence that defen... Continue Reading