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Dismissive of Dismissal
FEATURED
September 25, 2026
Dismissive of Dismissal
By: James Trusty
During the two Trump administrations, a trend has begun to emerge of federal judges challenging the once-unrestricted authority of the Department of Justice (DOJ) to dismiss indictments. The longstanding framework of separation of powers suggests this judicial pushback is unsupported activism, but the judges claim the Federal Rules of Criminal Procedure (“Rules”) do not relegate their role to rubber stamping. Ultimately, this trajectory may lead us to an impossible impasse—a game of chicken where reputations, relationships and the balance of power might be forever altered in the context of dismissal. Pursuant to Rule 48(a), “[t]he government may, with leave of court, dismiss an indictment.” Exactly what “leave of court” means in terms of judicial scrutiny is the challenging question. Some…
In the age of AI, litigators must read between the lines—literally.
August 18, 2026
In the age of AI, litigators must read between the lines—literally.
By: Robert Ward
In the age of AI, litigators must read between the lines—literally. Any attorney who has litigated a case against a party proceeding pro se is familiar with the common refrain that courts liberally construe pro se filings.[1] This leniency was not enough for one Connecticut litigant. In a scheme that gives new meaning to the phrase “reading between the lines,” pro se plaintiff Matthew Elliot…
The DOJ Steps Up for Military Families
June 29, 2026
The DOJ Steps Up for Military Families
By: Lauren Scribner
The Servicemembers Civil Relief Act (SCRA), 50 U.S.C. § 4025a, grants military spouses portability of their professional licenses. That means when a military spouse moves with his or her servicemember to the servicemember’s assigned duty station in a new state, the spouse’s professional license essentially moves with them.[1] In order to take advantage of this license portability benefit in the new state, the SCRA requires…
Too Little, Too Late for Defense Argument?
September 28, 2010
Too Little, Too Late for Defense Argument?
By: Ifrah Law
The U.S. Court of Appeals for the 1st Circuit is considering whether the government’s belated disclosure of potentially exculpatory evidence deprived criminal defendant Amit Mathur of a fair trial. The fact that Mathur’s counsel received some of the evidence after the government’s case in chief and declined to use it in Mathur’s defense makes it unlikely that Mathur will obtain the new trial he seeks….
Fourth Amendment the Loser in BALCO Ruling
September 27, 2010
Fourth Amendment the Loser in BALCO Ruling
By: Ifrah Law
A recent ruling of the U.S. Court of Appeals for the 9th Circuit is a win for Major League Baseball players whose drug-testing records must now be returned to them after they were improperly seized in a 2002 federal steroids probe. But it’s not a win for Fourth Amendment values. In a September 13, 2010, en banc ruling, the appeals court took a major step…
For Convicted CEO, Legal Fee Payment Depends on the Agreement
September 17, 2010
For Convicted CEO, Legal Fee Payment Depends on the Agreement
By: Ifrah Law
When is a company obliged to pay the legal fees of a wayward employee? The answer generally depends on the precise wording of the employee agreement, if an agreement exists. A good case in point is the recent one of Frances Flood, the CEO of ClearOne Communications, who left the company in 2004 while under SEC investigation. Things didn’t turn out well for her:…
Impeachment Trial of Federal Judge Raises Issue of ‘Kickbacks’
September 16, 2010
Impeachment Trial of Federal Judge Raises Issue of ‘Kickbacks’
By: Ifrah Law
The impeachment trial of U.S. District Judge G. Thomas Porteous Jr. is continuing before a U.S. Senate committee. Porteous, a federal judge in New Orleans, is accused of four counts of corruption. Each count is referred to as an article of impeachment. The first article of impeachment involves what some have described as a “kickback” scheme. Porteous, as a state court judge before he was…
Why Did Craigslist End ‘Adult Services’ Section?
September 6, 2010
Why Did Craigslist End ‘Adult Services’ Section?
By: Ifrah Law
We noted last May that the popular Craigslist website faced major flak from state attorneys general and from anti-prostitution groups over its “Adult Personals” section, which many say was a thinly veiled venue for prostitution. On September 3, Craigslist abruptly discontinued the “Adult Personals” section and replaced the link with the word “Censored.” Craigslist didn’t state any reason for this step, and many observers are…
