Sixth Circuit Finds No Remmer Violation and Rejects Johnson Challenge in Death Penalty Appeal

In United States v. Taylor, a jury in theEastern District of Tennessee convicted Defendant Rejon Taylor of carjacking and kidnapping that both resulted in death and of using a firearm tocommit murder while committing the referenced offenses. The jury recommendeda death sentence, which the district court imposed.One of themore interesting issues Taylor raised on appeal […]

ERISA-Fourth Circuit Rules That Plaintiffs' Suit Under ERISA Is Time Barred, Since The Plaintiffs Knew Of The ERISA Issue More Than Three Years Before They Filed Suit

In Bond v. Marriott International, Inc., Nos. 15-1160, 15-1199 (4th Cir. 2016) (Unpublished Opinion), Dennis Bond and Michael Steigman (the “Plaintiffs”), filed this action against their former employer, Marriott International, Inc., alleging that Marriott’s Deferred Stock Incentive Plan (the “Plan”), a tax-deferred Retirement Award program, violates the vesting requirements of ERISA. After targeted discovery on […]

9th Circuit Court of Appeals Finds Chapel Failed to Show a Substantial Burden on Its Religious Exercise within the Meaning of RLUIPA

Mesquite Grove Chapel as well as Debi Fazio appealed the area courts resolution on recap judgment that Pima County Chief Zoning Inspector Carmine DeBonis, Jr. did not significantly worry Mesquites spiritual workout under the Religious Land Use as well as Institutionalized Persons Act (RLUIPA). Mesquite brought this activity in Arizona Superior Court and also the […]

A Win absolutely free Speech: Federal Circuit Holds (component of) ยง 2( a) of the Lanham Act Unconstitutional

In general, the point of view is an excellent instance of refined, penetrating First Amendment evaluation, in which the court actually realizes that just classifying speech as industrial does not in some way amazingly remove away any kind of safeguarded meaningful content.In truth, possibly the most fascinating as well as vital product has to do […]

7th Circuit Court of Appeals Holds Weeds are Not Protected Speech or Expression

There is no clear meaning of a weed in the city code. It is real that the First Amendment secures some non-spoken job, such as paints; nevertheless, the Court wrapped up that these weeds have no meaningful worth. Recommending a law of constraints for a weed regulation would certainly need a crazy usage of city […]