Posts

Jackson v. Comm’r. of Soc. Sec., No. 09-12529, concerned a social security benefits proceeding. The Eleventh Circuit reversed the district court’s order requiring plaintiff’s counsel to refund an Equal Access to Justice Act (EAJA) fee award to plaintiff, on the ground that an attorney who requested fees under 42 U.S.C. section 406(b) was not required to refund an earlier payment made under the EAJA, and could instead offset the EAJA award by deducting it from his 42 U....

Today, the Fifth Circuit decided one case concerning a public school teacher’s First Amendment rights, and another involving a drug conviction. In Fairchild v. Liberty Indep. Sch. Dist., No. 08-40833, plaintiff claimed that defendants violated her First Amendment rights after firing her from a public school teacher position because they did not allow her at a school board meeting to present her side of her troubles with a teacher for whom she had been an aide....

First, Fox Searchlight was sued by an unpaid intern. Then came the lawsuit against Hearst Corporation. In what is probably an attempt to avoid an unpaid intern lawsuit of its own, publishing giant Condé Nast has decided to reform its internship program. The decision sounds good in theory, but critics of the reforms say they are an “empty gesture” and do nothing to protect unpaid interns. They say the Condé Nast intern reforms aren’t reforms at all....

A witness’s testimony may make you want to scoff, roll your eyes, or stick out your tongue, but try to keep the theatrics under control in court. That’s the lesson from Florida this week, after a Palm Beach public defender was reprimanded for pretending to gag while a prosecutor questioned an informant in a murder trial. The court didn’t buy the attorney’s argument that her fake gag was just “a confidential attorney/client nonverbal communication” meant to display her skepticism towards the testimony....

When a day-jobber gets up and belts out a rendition of “New York, New York,” at the local karaoke club, does anyone actually think they are hearing Frank Sinatra? Even when Sinatra was alive, it would be hard to confuse an imitation with the King of the Hill. I mean, we’re talking about the original “Voice,” the “Chairman of the Board,” “Ol’ Blues Eyes” himself. It’s just as hard to imagine that anyone would sue over a karaoke performance as somehow confusing listeners about the origin of the music....

This just in – The First Circuit Court of Appeals has appointed a new Bankruptcy Judge. We’ve been bringing you news about several vacancies over the past few months, not just in the First Circuit, but across the Circuits. Here’s the first one of these vacancies to be filled: On June 8th, Chief Judge Sandra Lynch announced that the Diane Finkle has been chosen to sit as United States Bankruptcy Judge for the District of Rhode Island....

A new report might fall short of explicitly stating that the Trump administration is encouraging white collar and corporate crime, but the report data seems to suggest it rather strongly. The report, from Public Citizen, explains that in over 90 percent of the federal agencies examined (including the DOJ, SEC, and EPA, to name a few), corporate violators were facing less stringent and fewer penalties. However, given President Trump’s campaign promise of massive deregulation, and the efforts and inroads that have been made on that front, these conclusions shouldn’t be wholly unexpected....

It looks like The Social Network could have a real life sequel. Quinn Emanuel law firm will receive its $13 million contingency fee for representing the alleged Facebook co-creators and their business, ConnectU, and obtaining a $65 million settlement. A New York judge denied the attempts by the clients to stay the contingency award until their settlement dispute with Facebook is resolved. (Wait a minute. I saw that movie. Mark Zuckerberg already settled with those guys, right?...

The “king” of Florida foreclosures is under investigation. The firm of millionaire foreclosure attorney David J. Stern is under scrutiny after an affidavit was given by a former paralegal to the office of the Florida Attorney General. Included in the statements by former Stern employee Tammie Lou Kapusta were allegations that the firm often signed court paperwork without reading it, misdated records, forged signatures and passed around notary stamps to those who were not notaries, in their hurry to foreclose on homes....

Can Virginia police forcibly remove your client from his home without a warrant for driving under the influence? Supreme Court precedent says no. In an unpublished opinion, the Fourth Circuit Court of Appeals recently said yes. The Fourth Circuit suggested that its holding is distinguished from Supreme Court precedent due to Virginia DUI penalties. In the Fourth Circuit case, Vienna Officer Reeves observed Alan Cilman driving at a high rate of speed through a bar parking lot around 12:30 a....

Game of War is one of the most popular, most addicting games this side of Farmville. A “freemium” mobile game, Game of War allows you to build a pixilated empire, constructing cities, building armies, raiding neighbors. But it was also an unlawful “gaming device,” according to one putative class action. The game allows users to spin a virtual wheel for virtual prizes in a virtual casino. That feature, the suit alleged, violated Maryland gambling laws....

Your company is being sued and your executive officers are soon to be deposed. Congratulations! No one is buying cake and celebrating when corporate officers are called in for depositions, but thorough, effective depo. prep is one way for in-house counsel to demonstrate their value to the company. While corporate officers might not view deposition prep as the most profitable use of their time, devoting significant efforts to preparing effectively can help them reduce costs from a negative judgment or lengthy trial....

An iPad is a great tool for any lawyer on the go because of its lightness and portability. But its lack of keyboard is a big disadvantage. There are a lot of times when you need a real keyboard to get your work done. Everything from email to drafting motions is easier if you have actual keys to type on. But if you can find a way around that, iPads and tablets allow you to work anywhere....

She started out as a feature of Echo, a smart speaker that could also control other internet- connected devices in the house or office. Then she spawned Echo Dot, which can fit almost anywhere. For lawyers who have been waiting for Alexa to come to life, the Echo Show also has a face. It might be time to meet your next digital assistant. Echo Show Echo Show, a voice-controlled tablet with a 7-inch screen, has been around for a few months....

Just in case you wanted to sell drugs anonymously online, Silk Road 2.0 has risen from the dead, despite the FBI’s takedown of the site just over one month ago, reports Forbes. But, like Obamacare, the new site is experiencing a few bumps and delays according to Motherboard. Bitcoin, the online currency, has made the impossible, possible. Drug dealers have been able to sell illegal drugs out in the open, online, using Bitcoins as the online medium to exchange drugs for currency....

Uber and Lyft continue to “disrupt” their way right into court, where drivers for each company allege in separate lawsuits that they’re employees, not independent contractors. The companies, of course, claim that their drivers – excuse me, “partners” if you’re Uber – are independent contractors, meaning Uber and Lyft don’t have to pay the “employer” part of the payroll tax or otherwise abide by wage and hour laws that apply to employees but not contractors....

In Zajanckauskas v. Holder, 09-1394, the First Circuit dismissed for lack of jurisdiction, a ninety-five year old Lithuanian national’s petition for review of BIA’s affirmance of the IJ’s decision to order his deportation from the U.S., on the ground that petitioner participated in the Nazi liquidation of the Jewish ghetto in Warsaw and misrepresented this fact to gain entry into the U.S. and while living in the U.S. for almost 60 years....

In plaintiff’s lawsuit against the United States under the Federal Tort Claims Act, alleging that the government’s employee negligently caused an automobile accident killing her husband, dismissal of the case for lack of subject matter jurisdiction is vacated and remanded as, when the scope-of-employment issue is determinative of both jurisdiction and the underlying merits of an FTCA claim, dismissal under Rule 12(b)(1) is inappropriate. Read Kerns v. US, No. 08-1287...

Yesterday, Apple revealed its long-awaited, and much-leaked iPhone 6 and 6 Plus. Were there any real suprises? No. But the two phones, at 4.7 inches and 5.5 inches, are way bigger and wider than Apple’s previous models. But, phablet or no phablet, maybe you’re not an Apple person. Though these Android and BlackBerry phones didn’t get quite the obsessive spectacle that Apple’s events do, at least on paper, they stand up to (and maybe trump) Cupertino’s latest offerings....

The nation’s highest court is scheduled to scrutinize what a former federal judge ominously labeled as patent ‘death squads,’ referring to the Patent Trial and Appeal Board as set out by President Obama’s 2011 America Invents Act. Several years’ worth of hindsight has left many with a sour taste in their mouths about how effective the Act was. It is predicted that companies that benefit the most from the system (large, well monied tech companies such as Google and Apple) will interject and argue vociferously for the PTAB’s efficacy....