DEFAMATION 
Published: June 17, 2013
Tags: Aviaiton Transportation and Security Act, defamation, immunity, TSA
Can an airline be denied immunity for an employee’s defamatory statements about a dangerous pilot without a showing that the statements were materially false?
See “Can airline be sued for employee’s statement about dangerous pilot?”
Air Wisconsin Airlines Corp. v. Hoeper, No. 12-315. Certiorari granted June 17, 2013. Ruling
» Continue Reading.
Can airline be sued for employee’s statement about dangerous pilot?
Published: June 17, 2013
Tags: Aviation Transportation and Security Act, defamation, First Amendment, TSA
The U.S. Supreme Court has agreed to decide whether Air Wisconsin could be sued for defamation after a manager reported that a disgruntled pilot had just been fired and might be armed, mentally unstable and traveling as a passenger on a commercial flight.
BANKRUPTCY
Published: June 17, 2013
Tags: Chapter 7, homestead exemption
Can a bankruptcy court surcharge a debtor’s constitutionally-protected homestead exemption?
See “Can bankruptcy court surcharge debtor’s homestead?”
Law v. Siegel, No. 12-5196. Certiorari granted: June 17, 2013. Ruling below: 435 Fed.Appx. 697 (9th Cir. 2011).
Can bankruptcy court surcharge debtor’s homestead?
Published: June 17, 2013
Tags: Chapter 7, homestead exemption
The U.S. Supreme Court has agreed to decide whether a bankruptcy trustee can surcharge a debtor’s constitutionally protected homestead property.
SENTENCING
Published: June 17, 2013
Any fact that will increase a criminal defendant’s mandatory minimum sentence must be decided by a jury beyond a reasonable doubt.
See “Justices rule in mandatory minimum case.”
U.S. Supreme Court, Alleyne v. United States, No. 11-9335. June 17, 2013. Lawyers USA No. 993-3481.
Justices rule in mandatory minimum case
Published: June 17, 2013
Tags: Harris v. U.S., mandatory minimums, sentencing, Sixth Amendment
Any fact that will increase a criminal defendant’s mandatory minimum sentence must be decided by a jury beyond a reasonable doubt, the U.S. Supreme Court has ruled in a 5-4 decision.
Are ‘trial-spin’ websites the wave of the future?
By:
Sylvia Hsieh
Published: June 14, 2013
Tags: Endoscopy Trial, trial publicity, Will S. Kemp
In the first week of a high-stakes trial in which the plaintiffs planned to ask a major health corporation for billions of dollars in damages for medical injuries, their lawyers noticed something they had not anticipated: The defendant had launched a website putting its spin on the case.
Courts haven’t found unity on workplace religious accommodations
By:
Sylvia Hsieh
Published: June 14, 2013
Tags: EEOC, Equal Employment Opportunity Commission, religious accommodation, Title VII
In greater numbers, workers are asking their bosses to change their work schedules, relax company dress codes and make other adjustments so that they can fulfill their job requirements and religious obligations at the same time.
CRIMINAL LAW
By:
Sylvia Hsieh
Published: June 14, 2013
Tags: Federal Rules of Criminal Procedure
Even though a judge blatantly violated rules of criminal procedure by advising a defendant that his best option was to “come to the cross” and plead guilty, the defendant cannot automatically vacate his guilty plea unless he shows that he was prejudiced by the plea.
Guilty plea can stand despite judge’s violation of rules
By:
Sylvia Hsieh
Published: June 13, 2013
Tags: Federal Rules of Criminal Procedure
Even though a judge blatantly violated rules of criminal procedure by advising a defendant that his best option was to “come to the cross” and plead guilty, the defendant cannot automatically vacate his guilty plea unless he shows that he was prejudiced by the plea, the U.S. Supreme Court has ruled in a unanimous decision.
