A 3-year-old boy, who was being cared for by his mother’s boyfriend, went to school with a black eye, belt marks on his back and stomach, and bruises all over his body. The 3-year-old told school teachers the boyfriend inflicted the injuries. When authorities went to the home, the boy’s 18-month-old sister had two black […]
Supreme Court Holds Church May Put Up Temporary Signs To Announce Times And Places Of Its Services.
A town has a strict Sign Code, which permits ideological, political and a limited category of directional signs for “qualifying events.” A small, cash-strapped church and its pastor wished to advertise the time and location of their Sunday church services. Services are held in changing locations in or near the town. The church began placing […]
Dog Sniffs Car Stopped For Traffic Violation.
In Illinois v. Caballes (2005) 543 U.S. 405, [125 S.Ct. 834, 160 L.Ed.2d 842], a state trooper stopped a man for speeding. A drug officer heard about the stop over the police radio and went to the location with a drug-sniffing dog. While the man sat in the trooper’s car as the trooper wrote out […]
Just Because You Sit On A State Board Doesn’t Mean You Enjoy Immunity From Antitrust Laws.
North Carolina’s Dental Practice Act provides that the state’s Board of Dental Examiners is “the agency of the State for the regulation of the practice of dentistry,” and it principal duty is to oversee the licensing of dentists. The Board issued cease and desist letters to nondentists who were cleaning teeth at a lower cost […]
Tacking Trademarks.
Rights to a trademark are determined by the date of the mark’s first use in commerce. The party who first uses a mark in commerce is said to have priority over other users. In limited circumstances, a party may modify its mark and still maintain its priority position, a doctrine known as tacking. The United […]
“You Can’t Blow The Whistle On Us, Whistleblower!” Says TSA.
The Homeland Security Act of 2002 provides the Transportation Security Administration [TSA] shall prescribe regulations prohibiting disclosure of information detrimental to the country’s security, which regulations TSA passed. In 2003, TSA briefed all air marshals, including the plaintiff here, about a potential plot to hijack passenger flights. A few days later, in a move to […]
State Prisoner Allowed To Have A Beard.
Arkansas’s state prison’s grooming policy prohibits the growth of facial hair for security reasons. A prisoner, who is fundamentalist Muslim, asserts the prison’s policy burdens his practice of religion. The United States Supreme Court held that the policy violates 42 U.S.C. § 2000cc [the Religious Land Use and Institutional Persons Act of 2000] which prohibits […]
Importance Of Voir Dire.
Federal Rules of Evidence, rule 606(b)(1) states that, “a juror may not testify about any statement made or incident that occurred during the jury’s deliberations,” and subdivision (b)(2)(A) states there is an exception in that a juror may testify whether extraneous prejudicial information was improperly brought to the jury’s attention. In this negligence case, the […]
Stolen Veterans Benefits And Valor.
A defendant served in the U.S. Marines a little over a year after the Korean War ended. His discharge document, known as a DD-214, states “N/A” with regard to medals awarded and wounds sustained. More than 40 years later, he filed a claim for Post-Traumatic Stress Disorder [PTSD], claiming he suffered PTSD as a result […]
Previously we reported: No Jurisdiction In California. Recent ruling by California Court of Appeal on similar issue:
Plaintiffs are 22 residents of Argentina who brought an action in federal court in California against a German manufacturer, claiming the company “collaborated with state security forces during Argentina’s 1976-1983 ‘Dirty War to kidnap, detain, torture, and kill certain [Mercedes-Benz Argentina] workers.” Plaintiffs pled claims under the Alien Tort Statute [28 U.S.C. § 1350] and […]
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