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Appeals Posts
DC Bans the Box
Aug 14, 2014
DC Bans the Box
  MLive.com Graphic Criminal defendants face a wide range of consequences for their alleged actions. The high emotional and financial cost of defending a case may pale in comparison to the personal toll resulting from a conviction and the associated direct consequences including fines, penalties, remuneration, and incarceration. For most offenders, however, the longest-lasting…
NY Legalizing Medical Marijuana with the Compassionate Care Act
Jul 11, 2014
NY Legalizing Medical Marijuana with the Compassionate Care Act
Severely ill patients in New York State are celebrating Gov. Andrew Cuomo’s signature of a bill that legalized medical marijuana in New York for many severely ill patients[1]. As noted by Assembly Speaker Silver in his remarks, “With this agreement, we are assuring access to that much-needed relief while ensuring the tightest possible regulation and…
U.S. Court of Appeals Decision: Cell Location Data is Protected Under Individual’s Expectation of Privacy
Jul 2, 2014
U.S. Court of Appeals Decision: Cell Location Data is Protected Under Individual’s Expectation of Privacy
The U.S. Court of Appeals for the Eleventh Circuit recently considered whether cell site location data is protected by the Fourth Amendment. On June 11, 2014, the court issued its decision in favor of privacy rights: the court held that cell site location information is within the cell phone subscriber’s reasonable expectation of privacy. If…
Court: Police Need Warrant to Search Phone. But Guess What? They Get to Keep Your Phone While They Get One.
Jun 26, 2014
Court: Police Need Warrant to Search Phone. But Guess What? They Get to Keep Your Phone While They Get One.
Will cops still get access to cell phone data post arrest? You bet. Today’s Supreme Court decision just means they need to get permission from a judge before they start searching who you have been texting. And odds are very good, that permission will be granted. In a unanimous decision authored by Chief Justice Roberts,…
Supreme Court Denies Cert. in New Jersey Sports Betting Case
Jun 23, 2014
Supreme Court Denies Cert. in New Jersey Sports Betting Case
Today, the United States Supreme Court denied New Jersey’s petition for a writ of certiorari to hear an appeal from lower court decisions that invalidated its sports wagering law. This ends a three year fight to bring sports betting to New Jersey’s casinos and racetracks, but NJ State Senator Raymond Lesniak, who has spearheaded efforts…
Supreme Court Expands Whistleblower Protection
Mar 17, 2014
Supreme Court Expands Whistleblower Protection
The U.S. Supreme Court recently held that Sarbanes–Oxley extends whistleblower protection, not just to employees of public companies, but to employees of private contractors and subcontractors that serve public companies. In a 6-3 decision, the Court rejected the First Circuit’s narrow construction of the statute in favor of the Labor Department’s more expansive interpretation. Now…
Omnicare Decision Limits the Reach of False Claims Act
Feb 28, 2014
Omnicare Decision Limits the Reach of False Claims Act
A recent decision by the Court of Appeals for the Fourth Circuit limiting the reach of the False Claims Act demonstrates how relators who pursue cases in which the government declines to intervene can end up making law that is unfavorable to the government’s enforcement of that statute. United States ex rel. Rostholder v. Omnicare,…
Prosecutor’s Tweets May Have Been Improper but Did Not Deprive Defendant of Fair Trial
Jan 11, 2014
Prosecutor’s Tweets May Have Been Improper but Did Not Deprive Defendant of Fair Trial
Last month, the Missouri Court of Appeals published its opinion holding that criminal defendant David Polk is not entitled to a new trial. Although the prosecutor may have acted improperly by posting trial updates via Twitter, there was no evidence that her updates swayed the jury to convict Polk. The court’s decision resolves a once-cold…
Federal Government Blocks International Online Gamblers, Cheyenne and Arapaho Tribes Sue
Jan 3, 2014
Federal Government Blocks International Online Gamblers, Cheyenne and Arapaho Tribes Sue
The Cheyenne and Arapaho Tribes have filed suit against Secretary of the Interior Sally Jewell after the Department Interior blocked their effort to offer real-money online gaming to international customers. The Tribes were prepared to launch Pokertribes.com after coming to a revenue-sharing agreement with the state of Oklahoma. Pursuant to the terms of the agreement,…
Court Dismisses Loss Recovery Case, in Big Win For Fantasy Sports Industry
Oct 9, 2013
Court Dismisses Loss Recovery Case, in Big Win For Fantasy Sports Industry
Today, in a closely watched case in Illinois, a federal court dismissed a lawsuit brought under the Illinois Loss Recovery Act (ILRA) against daily fantasy sports site FanDuel, Inc. and daily fantasy sports player Patrick Kaiser, finding that the plaintiff lacked subject matter jurisdiction to bring the suit. This is one of several lawsuits that…
