Judge Don Willett, of the U.S. Circuit Court for the Fifth Circuit. Photo: Diego M. Radzinschi/ALM Judge Sounds Alarm Over Persistent Circuit Split on 'Favorable Termination' Rule
The rule, established in the Supreme Court's 1994 decision 'Heck v. Humphrey,' bars people from bringing civil rights suits without first showing their conviction has been reversed, set aside or expunged. Circuits are divided over whether that rule applies to plaintiffs no longer in prison.
September 13, 2024 at 05:14 PM
5 minute read
Civil Rights
The original version of this story was published on National Law Journal
A dissenting U.S. Court of Appeals for the Fifth Circuit judge on Friday raised alarms over a "deep and enduring" circuit split related to the U.S. Supreme Court's "favorable termination" rule regarding the prerequisite for bringing a civil rights lawsuit challenging the constitutionality of a conviction.
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Eleanor M. Lackman of Mitchell Silberberg & Knupp has entered an appearance for Canon, the Japanese camera maker, and the Brooklyn Nets in a pending trademark infringement lawsuit. The case, filed Sept. 16 in California Central District Court by T-Rex Law on behalf of technology company Phinge Corporation, pursues claims against the defendants for their ongoing use of the 'Netaverse' mark. The suit contends that the defendants' use of the mark in connection with a virtual reality platform will likely create consumer confusion. The case, assigned to U.S. District Judge Consuelo B. Marshall, is 2:24-cv-07917, Phinge Corporation v. Yankees Entertainment and Sports Network, LLC et al.
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Fox Rothschild partner Glenn S. Grindlinger has entered an appearance for Garage Management Company in a pending lawsuit over alleged wage-and-hour violations. The case was filed Aug. 31 in New York Southern District Court by the Abdul Hassan Law Group on behalf of a manual worker who contends that he was not properly compensated for overtime hours worked. The case, assigned to U.S. District Judge Analisa Torres, is 1:24-cv-06610, Bailey v. Garage Management Company LLC.
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Veronica M. Keithley of Stoel Rives has entered an appearance for Husky Terminal and Stevedoring LLC in a pending environmental lawsuit. The suit, filed Aug. 12 in Washington Western District Court by Kampmeier & Knutsen on behalf of Communities for a Healthy Bay, seeks to declare that the defendant has violated the Clean Water Act by releasing stormwater discharges on Puget Sound and Commencement Bay. The case, assigned to U.S. District Judge Benjamin H. Settle, is 3:24-cv-05662, Communities for a Healthy Bay v. Husky Terminal and Stevedoring LLC.
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