Public Documents -
Cases & Codes
In this recent decision of Reynolds vs. United States, the High Court held that Federal Sex Offender Registration and Notification Act does not require pre-Act offenders to register.
Posted by
Robin
Mashal on
1.27.12
in
Cases & Codes - Federal Cases.
Chevron U.S.A. sued Franchisee gas station owners for declaratory relief. Franchisee filed a counterclaim. After a 6-day trial, the court ruled in favor of Franchisor and found the conterclaim to be "frivolous." Held: Under the provisions of the Petroleum Marketing Practices Act (PMPA), 15 U.S.C. § 2805(d), Franchisor is entitled to recover its attorney's fees for defending Franchisee's frivolous counterclaim.
Posted by
Robin
Mashal on
9.18.11
in
Cases & Codes.
This case involved an e-mail advertisement sent to an unwitting individual, enticing her to participate in a "personality test", but in fact it was a prank. The advertisement participation agreement contained an arbitration clause which the participant had to agree to. Held: Since the entire agreement was fraud in inducement, the arbitration clause could not be enforced.
Posted by
Robin
Mashal on
9.8.11
in
Cases & Codes - State Cases.
The Check Clearing for the 21st Century Act (or Check 21 Act) is a United States federal law, Pub.L. 108-100,, known as Check 21, makes it easier for banks to electronically transfer check images instead of physically transfer paper checks. This writing explains your rights under Check 21 as they relate to substitute checks. Substitute checks are special paper copies of the front and back of your original checks that are created to replace the original check.
Posted by
Bryon
Gross on
6.28.11
in
Cases & Codes - Federal Codes.
Police stopped and questioned petitioner J. D. B., a 13-year-old, seventh-grade student, upon seeing him near the site of two home break ins.
Posted by
Bryon
Gross on
6.17.11
in
Cases & Codes - Federal Cases.
The U.S. Supreme Court rules 5-4 that AT&T may enforce its contract provision banning class actions and requiring individual arbitration in consumer disputes.
Posted by
The LawLink
Team on
4.27.11
in
Cases & Codes.
Respondent Dylan C. ran out the door of the non-secure
juvenile detention facility to which he had been remanded pending
his adjudication upon a juvenile delinquency petition. For
absconding, he was charged in a second juvenile delinquency
petition with the commission of acts which, if performed by an
adult, would constitute the crime of escape in the second degree
(Penal Law § 205.10 [1]), a class E felony. Family Court granted
respondent's motion to dismiss the petition alleging escape upon
the ground that elopement1 from a non-secure facility did not
fall within the proscription of
Posted by
Bryon
Gross on
4.12.11
in
Cases & Codes - State Cases.
A district court, after a defendant’s sentence has been set aside on appeal, can consider evidence of a defendant’s post-sentencing rehabilitation to support a downward variance when resentencing?
Posted by
Bryon
Gross on
3.29.11
in
Cases & Codes - Federal Cases.
Where an attorney made series of mistakes, including failing to timely file suits on behalf of defendants causing the running of statute of limitations, and causing three orders to show cause why appeal should not be dismissed, the U.S. Seventh Circuit Court of Appeals issued $5,000 in monetary sanctions against the attorney and ordered him to serve copies of this opinion on his clients so they may consider bringing malpractice actions against him.
Posted by
Robin
Mashal on
3.28.11
in
Cases & Codes.