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Archive for Federal Courts

High court limits drunken-driving test laws

  • June 23rd, 2016
  • Devon Sharpe
  • Comments Off on High court limits drunken-driving test laws

(The Indiana Lawyer) The U.S. Supreme Court on Thursday placed new limits on state laws that make it a crime for motorists suspected of drunken driving to refuse alcohol tests. The justices ruled that police must obtain a search warrant before…

NCAA athletes face long next yard in bid for free-market pay

  • October 5th, 2015
  • Paul
  • Comments Off on NCAA athletes face long next yard in bid for free-market pay

(The Indiana Lawyer) – College athletes are heading back to court in pursuit of pay for play one day after a major setback in their quest for a larger share of the multibillion-dollar industry. A timeout might help. The next…

Supreme Court Of The United States begins October Term 2015

  • September 29th, 2015
  • Paul
  • Comments Off on Supreme Court Of The United States begins October Term 2015

The Supreme Court of The United States (SCOTUS) will begin October 5th with arguments being heard on various cases.  SCOTUS is scheduled to release orders or opinions on October 13th & 19th.  Normally the orders and opinions are released on…

Kim Davis’ latest appeal to 6th Circuit Court of Appeals denied

  • September 18th, 2015
  • Paul
  • Comments Off on Kim Davis’ latest appeal to 6th Circuit Court of Appeals denied

Kim Davis, Clerk of Rowan County, KY, had filed a second appeal to the earlier ruling by the 6th District Court for Eastern Kentucky.  In that appeal, Davis asks for both an injunction against Kentucky Gov. Steve Beshear and Commissioner…

RJR Nabisco, Inc. v. The European Community Appeal to Supreme Court

  • September 18th, 2015
  • Paul
  • Comments Off on RJR Nabisco, Inc. v. The European Community Appeal to Supreme Court

On appeal from the 2nd District Court Of Appeal, the question is :Whether, or to what extent, the Racketeer Influenced and Corrupt Organizations Act (“RICO”) applies extraterritorially. Currently, the case has been ongoing since 2004.  The case involves an accusation…

U.S. judge rules Republicans can pursue Obamacare lawsuit

  • September 10th, 2015
  • Paul
  • Comments Off on U.S. judge rules Republicans can pursue Obamacare lawsuit

(Reuters) – A U.S. judge said on Wednesday congressional Republicans could move forward with parts of a lawsuit that alleges executive overreach by President Barack Obama’s administration in implementing his signature healthcare law. U.S. District Judge Rosemary Collyer, appointed by…

7th Circuit: Marion County judge elections unconstitutional

  • September 10th, 2015
  • Paul
  • Comments Off on 7th Circuit: Marion County judge elections unconstitutional

(The Indiana Lawyer) – The way Marion County judges are elected is unconstitutional, the 7th Circuit Court of Appeals ruled Wednesday, throwing out a system that assured an even split of Democratic and Republican judges and facilitated a pay-to-play party…

Judge lets Brady play, ruling against NFL in ‘Deflategate’

  • September 4th, 2015
  • Paul
  • Comments Off on Judge lets Brady play, ruling against NFL in ‘Deflategate’

(The Indiana Lawyer) – A federal judge in New York let the air out of “Deflategate” Thursday, erasing New England quarterback Tom Brady’s four-game suspension for a controversy that the NFL claimed threatened football’s integrity. U.S. District Judge Richard M….

A new legal cloud over same-sex marriage in Kentucky?

  • September 4th, 2015
  • Paul
  • Comments Off on A new legal cloud over same-sex marriage in Kentucky?

(SCOTUSBlog) – Five deputy county clerks in Rowan County, Kentucky — the scene of the first major courthouse battle over a conflict between the Supreme Court’s view on same-sex marriage and religious objections to it —  told a federal judge that…

Judge jails Kentucky clerk for refusing marriage licenses

  • September 3rd, 2015
  • Paul
  • Comments Off on Judge jails Kentucky clerk for refusing marriage licenses

(The Indiana Lawyer) – A defiant county clerk was sent to jail for contempt Thursday after insisting that her “conscience will not allow” her to follow a federal judge’s orders to issue marriage licenses to gay couples. “God’s moral law…

The President has the exclusive power to grant formal recognition to a foreign sovereign.

  • September 1st, 2015
  • Paul
  • Comments Off on The President has the exclusive power to grant formal recognition to a foreign sovereign.

(SCOTUSBlog) – Because the power to recognize foreign states resides in the president alone, Section 214(d) of the Foreign Relations Authorization Act of 2003 – which directs the Secretary of State, upon request, to designate “Israel” as the place of…

EPA interpreted §7412(n)(1)(A) unreasonably when it deemed cost irrelevant to the decision to regulate power plants.

  • September 1st, 2015
  • Paul
  • Comments Off on EPA interpreted §7412(n)(1)(A) unreasonably when it deemed cost irrelevant to the decision to regulate power plants.

(FindLaw) – The Clean Air Act directs the Environmental Protection Agency to regulate emissions of hazardous air pollutants from certain stationary sources (such as refineries and factories). 42 U. S. C. §7412. The Agency may regulate power plants under this program only…

7th Circuit affirms judgment for school in bullying case

  • August 27th, 2015
  • Paul
  • Comments Off on 7th Circuit affirms judgment for school in bullying case

(The Indiana Lawyer) – A federal lawsuit brought against northwestern Indiana school corporations over a child’s alleged bullying was properly decided in favor of the schools on summary judgment, the 7th Circuit Court of Appeals ruled Tuesday. The decision affirmed…

Court: Second Amendment also covers those in US illegally

  • August 27th, 2015
  • Paul
  • Comments Off on Court: Second Amendment also covers those in US illegally

(MSN News) – People living in the United States illegally have a constitutional right to bear arms but are still barred from doing so by a separate law, a federal appeals court ruled. The three-judge panel of the U.S. 7th…

Unpaid student loan splits 7th Circuit

  • August 25th, 2015
  • Paul
  • Comments Off on Unpaid student loan splits 7th Circuit

(The Indiana Lawyer) – A 7th Circuit Court of Appeals panel has split with each judge writing a separate opinion about a lawsuit brought by a student who defaulted on her school loans and then sued when the lending agency tacked…

7th Circuit won’t reinstate Lauren Spierer family’s lawsuit

  • August 15th, 2015
  • Paul
  • Comments Off on 7th Circuit won’t reinstate Lauren Spierer family’s lawsuit

(The Indiana Lawyer) – A civil lawsuit filed by the parents of missing Indiana University student Lauren Spierer was properly decided in favor of defendants who were among the last people to see her, the 7th Circuit Court of Appeals…

Long wait for cold beer decision not unusual

  • August 6th, 2015
  • Paul
  • Comments Off on Long wait for cold beer decision not unusual

(The Indiana Lawyer) – Waiting nearly eight months for a cold beer would likely send thirsty Hoosiers across state lines for refreshment. But waiting this long for the 7th Circuit Court of Appeals to decide whether Indiana’s alcohol laws are…

Tinder departs 7th Circuit

  • August 4th, 2015
  • Paul
  • Comments Off on Tinder departs 7th Circuit

(The Indiana Lawyer) – John Tinder has a prestigious lifetime appointment on one of the nation’s most influential federal courts. He serves alongside judges on the 7th Circuit Court of Appeals in Chicago who he says have had an outsized…

Notebook found in car falls under Fourth Amendment exception

  • July 8th, 2015
  • Paul
  • Comments Off on Notebook found in car falls under Fourth Amendment exception

(The Indiana Lawyer) – A notebook taken from a vehicle during an investigation of an identity-theft scheme was admissible at trial even though police did not have a search warrant, the 7th Circuit Court of Appeals has ruled. Willie J….