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Supreme Court Update: Williams V. Pennsylvania (15-5040), Dietz V. Bouldin (15-458), Simmons V. Himmelreich (15-109) And Ross V....

Greetings, Court Fans! Though the Puerto Rican Day Parade marched down Fifth Avenue Sunday, the Commonwealth was getting much less love on One First Street. Yesterday morning, in Puerto Rico v. Franklin California...more

The Supreme Court - June 2016 #2

The Supreme Court of the United States issued decisions in three cases on June 9, 2016: - Dietz v. Bouldin, No. 15-458: An automobile accident case went to a jury trial in federal district court. Respondent Hillary...more

Caleb Wardrett v. City of Rocky Mount Police Department, Det. Clifton and Det. Denotter - United States District Court for the...

The federal court granted summary judgment for the City of Rocky Mount, its Police Department and detectives in a case brought against them under 42 USC §1983 where claims were asserted for malicious prosecution and false...more

Supreme Court Update: Luis V. United States (14-419)

Here's a line-up you don't see in every (read: any) syllabus: "BREYER, J., announced the judgment of the Court and delivered an opinion, in which ROBERTS, C.J., and GINSBURG and SOTOMAYOR, JJ., joined. THOMAS, J., filed an...more

An Important Check On The Abuse Of Government Authority

As citizens of a nation founded on the rule of law, we depend upon law enforcement and prosecutors to protect us from harm and from those who infringe our liberty. In exchange for this protection, we permit these public...more

The Supreme Court - March 2016 #2

The Supreme Court of the United States issued decisions in three cases today - Americold Realty Trust v. ConAgra Foods, Inc., No. 14-1382: Plaintiff corporations, including respondent ConAgra Foods, Inc., brought suit...more

Retrench of DOJ’s Equitable Sharing Program Could be Boon to N.C. Schools

“Equitable Sharing” sounds so reasonable. Who could argue with it? Here’s what it is, and what it does: The Justice Department’s Equitable Sharing program allows federal law enforcement agencies to “adopt” seizures of...more

Legal Updates for Government Entities Covering March and April 2014

The Gallaghers sued TUSD and a TUSD school employee, Michael Corum, alleging that Corum sexually abused and/or exploited their developmentally challenged daughter at a TUSD school. The Gallaghers claimed that TUSD was...more

Audio Recording of Police in Action Found to Be Protected Right under 1st Ammendment

Audio Recordings of Police Are Protected By First Amendment According to Two Different Courts Of Appeal. The U.S. Supreme Court on Monday delivered a blow to Illinois’ 50-year-old anti-eavesdropping law according to trial...more

Lowering the Bar for Standing in Public Interest Cases

On September 21, 2012, the Supreme Court of Canada released its decision in Canada (AG) v Downtown Eastside Sex Workers United Against Violence Society, a case dealing with the law of public interest standing in...more

CARTER VS. BIGELOW

MEMORANDUM DECISION AND ORDER GRANTING MOTIONS TO STRIKE AND DENYING MOTION TO AMEND AND RENEWED MOTION TO STAY Utah

In a case of first impression, the United States District Court considered a crime victim's representative's right under federal law to proceeding free from unreasonable delay. The court granted (1) both the victim's...more

ACLU Wins FOIA Appeal on Prosecutors’ Use of Cell Phone Location Data

For some time now, the American Civil Liberties Union has been concerned about some federal prosecutors’ practice of seeking court orders to track the location of people’s cell phones without probable cause, arguing that this...more

Kanios v. Marlow and State

VICTIM'S PETITION FOR WRIT OF CERTIORARIMaryland

Case is a petition for certiorari to the Maryland Court of Appeals which raises issues of first impression. The District Court of Maryland denied a crime victim the ability to obtain her property right to restitution. Victim...more

Corporatize Corruption

Corporatize Corruption: Its a win win situation for all concerned, our government stands to gain by way of taxes from the government officials which opens up the largest segment for earning tax, the officials stand to gain by...more

Court Slaps Down Section 25400 Market Manipulation Claim Against Convicted Felon

Corporations Code Section 25400 is California’s anti-market manipulation statute. The statute copied clauses (1) through (5) of Section 9(a) of the Securities Exchange Act of 1934 and declares unlawful specified actions...more

Preliminary Injunction Granted for Parts of New Indiana Immigration Law

As predicted in our prior Legal Alert on this topic on May 13, 2011, Indiana’s recently enacted immigration law has been challenged in court. On June 24, 2011, the U.S. District Court for the Southern District of Indiana...more

Pleas, come home for Christmas

The snow came early this year. Just as the 25 days of the Christmas season had begun Kentucky got a blanket of white. More than usual I'm in the Christmas spirit this year. However, too many of us will sit in jail this...more

Arbelaez v. United States

Order granting the government's motion to dismissNot Applicable

Both plaintiffs and government attorneys seem to love to argue that the seizure of property in the context of a criminal arrest, or in the context of civil asset forfeiture, violate the Just Compensation Clause of the Fifth...more

Connick, et al., v. Thompson

Brief of Amici Curiae Alliance Defense Fund and CATO Institute In Support of RespondentU.S. Supreme Court

If a man is wrongfully convicted and held on death row for 18 years — 14 in solitary confinement — because prosecutors withheld exculpatory evidence in his case, is there any reason that courts should keep him from recovering...more

Class Actions

In its noteworthy 2004 decision in Klay v. Humana, Inc.,1 the United States Court of Appeals for the Eleventh Circuit appeared to veer from its own precedents in affirming certification of a nationwide class asserting a claim...more

In Re National Security Agency Telecommunications Records Litigation (this document relates only to Al-Haramain Islamic Foundation v. Obama)

OrderCalifornia

This case alleges targeting of the leaders of an Islamic charity and their lawyers by the admitted, targeted warrantless wiretapping by the NSA. It is based on a document that was accidentally disclosed to the plaintiffs by...more

In Re National Security Agency Telecommunications Records Litigation (this document relates only to Al-Haramain Islamic Foundation v. Obama)

Stipulation and Request For Extension of Schedule For Briefing Attorney FeesCalifornia

This case alleges targeting of the leaders of an Islamic charity and their lawyers by the admitted, targeted warrantless wiretapping by the NSA. It is based on a document that was accidentally disclosed to the plaintiffs by...more

Free Speech Coalition, et al., v. The Honorable Eric H. Holder, Jr.

Plaintiffs' Memorandum in Opposition to Defendant's Motion To Dismiss & Reply To Defendant's Memorandum in Opposition To...Pennsylvania

EFF has filed a friend-of-the-court brief urging a federal court judge to block two criminal statutes that unconstitutionally limit the free expression of millions of adults who use the Internet and other electronic forms of...more

Correctional excellence: Accreditation and the American Correctional Association

In the United States there are more than 1,800 state and federal correctional facilities and more than 420 privately operated facilities. Of these, about 83%, some 1,500, are accredited by the American Correctional...more

Free Speech Coalition, et al., v. The Honorable Eric H. Holder, Jr.

Memorandum in Support of Plaintiffs' Motion For Preliminary InjunctionPennsylvania

EFF has filed a friend-of-the-court brief urging a federal court judge to block two criminal statutes that unconstitutionally limit the free expression of millions of adults who use the Internet and other electronic forms of...more

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