Articles

All Content


74,196 Posts found
Previous • Page 1444 of 7,420 • Next
Posted by: David Bevis on Jun 23, 2023

SUTTON, Chief Judge. During World War II, the federal government played a significant role in American oil and gasoline production, often telling refineries what to produce and when to produce it. It also rationed crude oil and refining equipment, prioritized certain types of production, and regulated industry wages and prices. All of this affected the operations of American oil companies at the time. But did it make the United States a refinery “operator” under the Comprehensive Environmental Response, Compensation, and Liability Act of 1980, 42 U.S.C. §§ 9601–75? We hold that it did not and reverse the district court’s contrary determination.

Posted by: David Bevis on Jun 23, 2023

NALBANDIAN, Circuit Judge. A Michigan jury convicted Frank Corridore of second- degree sexual criminal conduct for sexually abusing his granddaughter. Corridore appealed his conviction in state court but to no avail. By the time he filed a habeas petition in federal district court, he had been released from prison and discharged from parole. So the district court dismissed the petition, explaining that Corridore was no longer in custody and therefore could not meet the requirements of 28 U.S.C. § 2254. Corridore appeals, arguing that he is subject to lifetime sex-offender registration and electronic monitoring—requirements that he says meet the custody requirement. We disagree and affirm.

Posted by: David Bevis on Jun 23, 2023

LARSEN, Circuit Judge. Enrique Amaya is currently serving three concurrent life sentences. He filed a 28 U.S.C. § 2255 motion challenging just one of his convictions. The district court denied the petition without reaching the merits. The court reasoned that even if his motion were successful, Amaya would still be in custody on the two unchallenged life sentences and that the $100 special assessment attached to Amaya’s challenged conviction did not warrant review in the context of a § 2255 petition. We AFFIRM.

Posted by: Jarod Word on Jun 23, 2023

The TBA Animal Law Forum will take place Sept. 22 at the Nashville Zoo. The annual favorite allows attendees to earn CLE in a fun environment and explore the award-winning facility. This year’s forum will feature topics relevant to several practice areas, including general ethics, pets in divorce, veterinarian liability, crimes against animals, conservation and more. Breakfast, lunch and admission are provided, with an extended lunch break in the savannah and an optional walk around the zoo. Space is limited for this experience, so register now before it’s too late. You never know who, or what, might show up!

When: Sept. 22, 8 a.m. – 5 p.m. CDT
Where: Nashville Zoo, 3777 Nolensville Pike

REGISTER NOW

Posted by: Stacey Shrader Joslin on Jun 23, 2023

The Legal Aid Society of Middle Tennessee and the Cumberlands will hold a veterans only clinic next Wednesday from 11 a.m. to 1 p.m. CDT at Operation Stand Down, 1125 12th Ave. S., Nashville 37203. To volunteer for the clinic, contact Kendra Cheek, 615-780-7131.

Posted by: Paul Burch on Jun 22, 2023

The U.S. Supreme Court in a 6-3 decision upheld the conviction of a federal prisoner on Thursday who was challenging his 27-year prison sentence for violating federal gun laws. Marcus DeAngelo Jones argued that he should be allowed another chance to get his conviction thrown out following a 2019 Supreme Court decision where the justices ruled prosecutors must prove that people charged with violating federal gun laws knew they were not allowed to have a weapon, the Associated Press reported. 

Posted by: Paul Burch on Jun 22, 2023

The state Supreme Court today permanently disbarred Steven Edward Sams from the practice of law in Tennessee. The panel found Sams’ conduct violated Tennessee Rules of Professional Conduct 3.4 (knowingly disobeying an obligation under the rules of a tribunal), 5.5 (unauthorized practice of law), and 8.4 (misconduct) and warranted permanent disbarment. In certain instances, Sams’ conduct resulted in irreparable injury.

Posted by: Paul Burch on Jun 22, 2023

The Tennessee Supreme Court today transferred the law license of Williamson County lawyer Paul William Duty to disability inactive status. Duty may not practice law while on inactive status but may petition the court for reinstatement after showing that the disability has been removed.

Posted by: Tanja Trezise on Jun 22, 2023
KETHLEDGE, Circuit Judge. Sterling Hotels sued a state elevator inspector, Scott McKay, asserting several claims under 42 U.S.C. § 1983. McKay moved to dismiss, in part on qualified-immunity grounds. The district court declined to address McKay’s entitlement to immunity, and McKay appealed. We affirm in part and reverse in part.
Posted by: Tanja Trezise on Jun 22, 2023

MATHIS, Circuit Judge. This is the second time this case comes before us. The district court previously found Andrew Morris guilty of twelve supervised-release violations and sentenced him to a below-Guidelines sentence of 48 months’ imprisonment. He appealed, and we vacated the sentence and remanded the case to the district court for resentencing in light of Borden v. United States, 141 S. Ct. 1817 (2021). On remand, the district court sentenced Morris to the same sentence of 48 months’ imprisonment, even though that sentence now exceeds the high end of the advisory Guidelines range by 21 months. Morris appeals again, arguing that his sentence is procedurally and substantively unreasonable. For the reasons that follow, we vacate Morris’s sentence and remand to the district court for resentencing.


Previous • Page 1444 of 7,420 • Next