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I am going to be discontinuing my participation in this blog in the next week or so. If you want someone to blame, blame 1) non-lawyers; 2) furries; and 3) the victims rights/tort reform industry. I am going to be discontinuing my participation in this blog in the next week or so. If...
US Securities & Exch v. Tambone, No. 07-1384. This is a close case. On the one hand, the government is bringing an enforcement action regarding misleading prospectuses to sell mutual funds. On the other hand, the defendants are represented by... US Securities & Exch v. Tambone, No....
US v. Hebshie, 07-2339 (12/4/08). This is a federal arson case. As you know, the framers of the constitution really envisioned the federal government prosecuting insurance fraud (or, as they say, “mail fraud”). The first says that pretty much any...US v. Hebshie, 07-2339 (12/4/08). This is a...
Fitzgerald v. Harris, No. 08-1306 (12/5/08) holds that the Allagash Wilderness Waterway ("AWW"), Me. Rev. Stat. Ann. tit. 12, § 1882 is not preempted by the Wild and Scenic Rivers Act ("WSRA"), 16 U.S.C. § 1271 et seq (which they...Fitzgerald v. Harris, No. 08-1306 (12/5/08) holds that the Allagash...
U.S. v. Jordan, No. 08-1432 (12/5/08). The defendant committed some criminal acts while out on bail – namely drinking and driving. At sentencing, the District Court denied an offense level reduction under § 3E1.1 based on his putative acceptance of...U.S. v. Jordan, No. 08-1432 (12/5/08). The...
Most people know that the Victims Rights Industry exists to troll lay people into think that lawyers care about them. In reality it is a way for lawyers to earn money writing briefs without having to be accountable to actual...Most people know that the Victims Rights Industry exists to troll lay...
USA v. Steirhoff, 08-1183. Selya tries to be dramatic. He says “The tale of how the stalker became the stalked follows.” Anyway, the defendant seems like a bad guy because he talked to the police without a lawyer. And he...USA v. Steirhoff, 08-1183. Selya tries to be dramatic. He says...
Est. of D. Bennett v. Wainwright, No. 07-2169. Mentally ill guy off his meds shoots at some cops. Mentally ill guy gets shot by cops. There issues here of notes. The estate appeared to make a “loss of consortium” argument,...Est. of D. Bennett v. Wainwright, No. 07-2169. Mentally ill guy off...
U.S. v. Marek, No. 07-2437 (11/26/08). This is sort of interesting. There was an audit by the IRS. The defendants appeared to participate in the audit in good faith. Problem was that they went so far as to procure back-dated...U.S. v. Marek, No. 07-2437 (11/26/08). This is sort of...
US v. Parker, No. 07-2776. This is some kind of fight between drug dealers, so the First is going to have little sympathy for them. So, being asked to step outside one’s hotel room is not considered a “seizure.” Strangely,...US v. Parker, No. 07-2776. This is some kind of fight between drug...