Constitutional Law

  • Daily Report Online

    False Arrest Suit Over Pot Patch Bust Goes Up in Smoke at Trial

    By Greg Land | September 25, 2017

    A federal jury in Columbus denied a man's claim that he lost his job after he and his wife were arrested and charged with growing marijuana based on deputies' allegedly false statements in support of a search warrant—charges that were eventually dropped against him and reduced to possession of more than one ounce against his wife.

  • Litigation Daily

    Legal Fee Shocker: Richard Simmons Must Pay Tabloid That Wrongly Reported He's Transgender

    By Jenna Greene | September 24, 2017

    Just as courts over time have found that it's no longer defamatory per se to say a person was born out of wedlock or has cancer, or to incorrectly report someone's race, so too Los Angeles Superior Court Judge Gregory Keosian determined that “misidentification of a person as transgender is not actionable defamation absent special damages.”

  • New Jersey Law Journal

    Judge Won't Grant Bond Issuer's Bid to Stop Bail Reform

    By Charles Toutant | September 22, 2017

    A federal judge has refused to halt enforcement of New Jersey's Criminal Justice Reform Act, finding that a constitutional challenge by a bail bond underwriter has little chance of succeeding.

  • The Legal Intelligencer

    Whitaker v. Wetzel, PICS Case No. 17-1417 (Pa. Commw. Aug. 29, 2017) Cosgrove, J. (12 pages).

    By thelegalintelligencer | The Legal Intelligencer | September 22, 2017

    Trial court properly dismissed appellant prisoner's constitutional claims over the destruction of photographs that had been confiscated by prison mail room because they came from an unapproved vendor because his fundamental due process rights of notice and an opportunity to be heard were fully protected and to the extent he claimed the photographs were intentionally destroyed, those claims were properly dismissed and he never alleged negligence in the destruction of the photographs. Affirmed.

  • The Legal Intelligencer

    Cruz v. Wal-Mart Super Ctr., PICS Case No. 17-1406 (E.D. Pa. Aug. 29, 2017) Leeson, U.S.D.J. (7 pages).

    By thelegalintelligencer | The Legal Intelligencer | September 22, 2017

    Civil Rights Act claim failed where plaintiff failed to plead that defendant was a "public accommodation" under the act, or that he was denied service because his race, color, religion or national origin. Motion to dismiss granted, with prejudice in part and without prejudice in part.

  • Connecticut Law Tribune

    The Importance of Dissent

    By EDITORIAL BOARD | September 22, 2017

    Not long ago, there was a widely televised meeting of all President Trump's cabinet ministers and the highest-ranking staff of the White House. One by one they each heaped lavish praise and adulation on him as if he were some sort of "Supreme Leader." Some went so far as to express profound gratitude for the "blessings" associated with serving him. While an attitude of sheepish subservience might be expected in dictatorial regimes such as North Korea, it was disturbing at best to watch it on display within the upper echelons of the leadership in this country. Perhaps most troublesome is the total lack of regard for the importance of dissent.

  • The Recorder

    Mahoney v. Sessions

    By therecorder | The Recorder | September 20, 2017

    9th Cir.; 14-35970 The court of appeals affirmed a district court judgment. The court held that a city’s “use of force” policy did…

  • Supreme Court Brief

    Former Texas Chief Justice Challenges His Old Court in New Gay-Rights Petition

    By Marcia Coyle | September 20, 2017

    What may seem awkward at first glance is not at all awkward to Wallace Jefferson, former chief justice of the Texas Supreme Court. Jefferson, who returned to private practice in Austin four years ago, is now challenging his old court in a petition at the U.S. Supreme Court that could increase the already high stakes in the new term for the nation's gay community.

  • National Law Journal

    What to Know About Noel Francisco as the New SCOTUS Term Nears

    By Marcia Coyle and Mike Scarcella | September 20, 2017

    The U.S. Supreme Court's fall term begins on Oct. 2. Noel Francisco, newly confirmed as U.S. solicitor general, has just days to prepare. Of course, it's likely Francisco, formerly a top appellate lawyer at Jones Day, hasn't been thinking about the cases and issues that the justices will confront—and he will argue—this term. Here's a snapshot of things to know about Francisco and matters on his plate as he prepares to step up to the lectern at the high court.

  • The Recorder

    American Beverage Association v. City and County of San Francisco

    By therecorder | The Recorder | September 19, 2017

    9th Cir.; 16-16072 The court of appeals reversed a district court order and remanded. The court held that a municipal ordinance mandating the inclusion…

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