First Circuit Clerkship Applications Accepted September 6

Want to spend your first year out of law school clerking for the First Circuit Court of Appeals? You’re in luck: we have all the details for the Federal Judges Law Clerk Hiring Plan. With judges covering cities ranging from cold, (Boston and Providence) to tropical, (San Juan, Puerto Rico), the First Circuit Court of Appeals is one of the three geographic grab bags among the circuits. (If you guessed that the Ninth and Eleventh Circuits were the other two, give yourself a gold star....

September 24, 2022 · 3 min · 450 words · Steven Randall

Ftc Puts Manufacturers On Blast Over Shady Warranty Policies

When it comes to consumer electronics, like computers, smart phones, or pretty much anything that holds a charge, even if it rolls on four wheels and is powered by fossil fuel, the FTC has a strong warning for manufacturers: Don’t void warranties over third party repairs. While a manufacturer can void a warranty if a third party, or product owner’s own, repair is faulty, it can’t void a warranty just by sheer virtue of the fact that an “unauthorized” person worked on the product, or if non-OEM parts were used for the repair....

September 24, 2022 · 2 min · 409 words · Andrew Duong

Gc S 8 Million Whistleblower Verdict Upheld By Appeals Court

A federal appeals court upheld a nearly $8 million award for an in-house lawyer who blew the whistle on his employer. Sanford Wadler won his wrongful termination case in 2017, and an $11 million verdict that included $5 million in punitive damages against Bio-Rad Laboratories. Wadler said he was fired for reporting his company’s possible violation of foreign bribery law. The U.S. Ninth Circuit Court of Appeals affirmed the judgment, except for $2....

September 24, 2022 · 2 min · 360 words · Joann Spaulding

Gun Toting Plaintiff Blows Statute Of Repose

Sorry for this, but Edward Burdett shot himself in the foot. Literally, Burdett shot himself in the foot and then sued the gunmaker. Adding insult to injury, a judge dismissed Burdett’s case because he blew the statute of repose. In Burdett v. Remington Arms Company, the U.S. Fifth Circuit Court of Appeals then stomped it out. Just shooting from the hip here. The straight story goes like this: Remington Model 700 During a hunting trip in Texas, Burdett was sitting in a friend’s pickup truck when his Reminington Model 700 rifle suddenly discharged....

September 24, 2022 · 2 min · 414 words · Claire Giraud

Hackers Blackmail Adultery Website Ashley Madison Threaten Users

Hackers have stolen the personal information of millions of users of Ashley Madison, the dating website for married people looking to have an affair. The hackers, who call themselves The Impact Team, are demanding that the website shut down – or else they’ll release the stolen customer data, including real names and addresses, revealing the identity of millions of potential adulterers. 37 Million Cheaters Have Never Felt So Betrayed Ashley Madison, whose slogan is “Life is short....

September 24, 2022 · 3 min · 438 words · Tyler Towner

Harvard Opens Massive Caselaw Library Online

After five years of scanning court decisions, Harvard Law School has opened an online library of nearly 6.5 million cases to the public for free. The Caselaw Access Project put the entire body of U.S. caselaw on the internet. The project digitized more than 40 million pages of court decisions. Built on more than 360 years of caselaw, the digital library goes back to the 17th Century. It is accessible in common readable formats, and is now the largest law library of its kind....

September 24, 2022 · 2 min · 295 words · Traci Rhames

How Easy Is It For Hackers To Disrupt Mobile Navigation

So maybe Siri, your cell phone navigator, gives you bad directions. It’s an annoyance that anybody with a smart phone and a car knows. But did you know that hackers could make your GPS steer your car where they want you to go? With a device that costs lest than your cell phone bill, the bad guys could literally take over your life. It’s not like you would follow your GPS into oncoming traffic, probably, but researchers say the technology exists for bad-guy remote control....

September 24, 2022 · 3 min · 455 words · Mary Hancher

How Not To Flunk Retirement 5 Tips

We’ve heard about flunking school (from other people), but flunking retirement? Well, that’s exactly what South Dakota-based attorney James E. “Jim” McMahon did, according to the Argus Leader, stating, “I flunked. I just flunked retirement.” The ABA Journal reports that he went back to work for his old firm, though he’s not working as hard as he did before retirement. If you’re like us, you’re probably thinking, “what the hell?” No, this is not about having enough money to retire, this is about actually sticking to it!...

September 24, 2022 · 3 min · 580 words · Carmen Wade

Illegal Immigrants Don T Have Second Amendment Rights

Illegal immigrants don’t have a right to bear arms, according to a recent Fourth Circuit decision. The Richmond-based appellate court sided with its sister circuits last week, finding that Second Amendment rights are reserved for those who abide by the law. Immigration and Customs Enforcement agents recovered a .22 caliber Marlin rifle, a 9 mm Hi-Point model C pistol, and ammunition during a consensual search of Nicolas Carpio-Leon’s home in South Carolina....

September 24, 2022 · 3 min · 429 words · Larry Martino

Judge Case Against Cell Phone Searches Goes Forward

In a blow to the Trump administration’s border battles, a federal judge in Colorado said plaintiffs may continue their lawsuit against warrantless searches of cell phones and laptops. The complaint claims the searches violate the Fourth Amendment, and Judge Denise Casper said they have a case. She said the law was unclear, but cited a recent U.S. Supreme Court decision that said police need warrants to search a suspect’s cell phone....

September 24, 2022 · 2 min · 422 words · Gloria Melanson

Nancy Torrensen Sworn In As Federal Judge In Maine

Nancy Torresen was sworn in last week as a U.S. District Court judge in Maine. She is the first woman to hold the position of federal district judge in Maine. The investiture ceremony took place on May 3 at the Edward T. Gignoux U.S. Courthouse. She was sworn in by Chief District Judge John Woodcock, who administered the oath. Her mother and her husband, former U.S. Attorney Jay McCloskey, helped Torresen with the ceremonial donning of her robe....

September 24, 2022 · 2 min · 323 words · Carol Black

Osha Needs More For Administrative Search Warrant

A recent decision of the Eleventh Circuit Court of Appeals helps to provide OSHA and OSHA-regulated businesses with some certainty as to when the courts should issue an administrative search warrant sought by OSHA. The case, USA v. Mar-Jac Poultry, involved a large poultry processor that reported an industrial injury to OSHA, as required, then became the subject of what it contended was undue scrutiny. After OSHA succeeded in getting a warrant issued for, pretty much, a full search, Mar-Jac successful fought to quash the warrant....

September 24, 2022 · 2 min · 324 words · Carl Thomas

Pom Wonderful Continues Label Litigation Win Streak

It’s much ado about pomegranate juice labels. Last year, a little pomegranate juice maker, POM Wonderful, made it all the way to the U.S. Supreme Court. The issue? Labeling, and whether they could sue a competitor over that company’s deceptive labels. Last week, they did it again: POM won another labeling case, this time taking down a trademark infringer at the Ninth Circuit Court of Appeals. The SCOTUS Case: POM Can Sue for Unfair Competition When is a label deceptive and not deceptive at the same time?...

September 24, 2022 · 2 min · 420 words · Adeline Mccullough

Real Recognize Real 4Th Circuit Uses Real Id Credibility Standard

What’s the measure of a man’s credibility? Prior to the implementation of the REAL ID Act in 2005, a person’s credibility in an INS hearing was based only on statements that went to the heart of the matter. This meant when the applicant or witness complimented your tie, or fudged their age or weight, it only mattered if it was innately related to the applicant’s claim. The REAL ID Act follows the hip hop credo of “real recognizes real....

September 24, 2022 · 3 min · 482 words · Ray Marcum

Report Landing Estate Planning Clients Takes Patience Trust

If you’re a solo practitioner or small firm that specializes in estate planning, you may have already sensed it intuitively, but a new report from FindLaw’s Lawyer Marketing can back up your intuition with numbers: estate planning consumers can be more elusive and selective, and harder to motivate into action than other legal consumers. And because your average estate planning consumer doesn’t choose their legal services like other legal consumers, getting them to hire you may take some different marketing strategies, especially when it comes to technology and social media interaction....

September 24, 2022 · 3 min · 610 words · Robert Mckay

Ruling In Action Against Dea Agents By Police Officer

In Martinez-Rodriguez v. Guevara, No. 08-1086, the First Circuit faced a Fourth Amendment violation claim against several DEA agents by an acquitted police officer, arising from his grand jury indictment and arrest for drug trafficking. As stated in the decision: “The undisputed facts establish that: (1) Martinez-Rodriguez attended the May 14th meeting Lopez-Lopez, an individual who was under investigation for drug trafficking; (2) the purpose of the meeting was to discuss future drug transaction;…(5) at least during some part of the two and a half hours in which Hernandez, Lopez-Lopez, and Gonzalez discussed future drug transaction, Martinez-Rodriguez was seated at a table in close proximity to where the three men were seated....

September 24, 2022 · 1 min · 209 words · Frank Scott

Say Goodbye To Microsoft Onedrive S Unlimited Cloud Storage

If you were planning to take advantage of Microsoft’s unlimited cloud storage, well, we’ve got bad news. That storage is getting much more limited. OneDrive, Microsoft’s cloud storage service, used to offer absolutely unlimited storage to paid Office 365 subscribers. For under $10 a month, you could upload terabyte after terabyte of archived files, backed up computers, or funny cat videos. As of Monday, those days are over. Could this mark the end of endless cloud storage?...

September 24, 2022 · 3 min · 504 words · Jennifer Keo

Suit For Express And Implied Indemnity For Fha Ada Violations

In Archstone Multifamily Series I Trust v. Niles Bolton Assoc., No. 09-1453, the Fourth Circuit faced a challenge to the district court’s grant of summary judgment in favor of defendant and denial of plaintiff’s motion to amend its complaint to include a claim for contribution in a suit for express and implied indemnity, breach of contract and professional negligence, arising from an underlying suit against the parties for FHA and ADA violations in the construction of multi-family housing projects throughout the U....

September 24, 2022 · 1 min · 182 words · Lyndsey Hackett

Tesla Sued For Patent Infringement

Nikola Motors is suing Tesla for infringing on its patented truck design, even if it is a little weird. Nikola wants $2 billion for the alleged infringement, even though neither company has sold a single one of the industry-changing vehicles. The complaint claims that Tesla’s stock bumped up $2 billion after unveiling the allegedly infringing prototype. There’s no telling what will be sparked by this lawsuit, but industry watchers say Nikola Tesla must be rolling over in his grave about now....

September 24, 2022 · 2 min · 308 words · George Hooper

This Prisoner Made Supreme Court History And All He Got Was 2 40

Jamey Wilkins is a long-term guest of the State of North Carolina. Back in 2007, he got into an argument with a guard, who allegedly went into his cell, and proceeded to end the argument – with his fists, feet, and knees. Wilkins’s dramatic injuries included a bruised heel, back and neck pain, headaches, and of course, “other health complications.” If you’re thinking that he’s full of crap, well, you aren’t alone....

September 24, 2022 · 4 min · 694 words · Michael Mcclurkin