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Class action lawsuit under the FCRA for displaying plaintiffs’ credit card information on government website Bormes v. US, 09-1546, concerned an attorney’s class action lawsuit against the government on behalf of his clients under the Fair Credit Reporting Act (FCRA) claiming that the display of his and similarly situated plaintiffs’ credit card information when paying court filing fees online violated section 1681c(g)(1) of the FCRA. In vacating the district court’s dismissal of the suit and remanding the matter, the court held that, FCRA is a money-mandating statute that supports jurisdiction under 28 U....

In an action brought by a former postal service employee under the Uniformed Services Employment and Reemployment Rights Act (USERRA), Merit Systems Protection Board judgment is affirmed in part and reversed in part where: 1) the Board erred in rejecting plaintiff’s claim of unlawful discrimination based on his military service as plaintiff’s cumulative military absence at the time of his removal did not exceed five years and thus he retained employment rights under USERRA; 2) the Board properly held that plaintiff failed to make a timely application for reemployment under USERRA and thus defendant did not unlawfully refuse to reemploy him after his service; and 3) the case is remanded so that the Board can explicitly address whether plaintiff waived his USERRA rights by abandoning his civilian career to pursue one in the military....

This week, a handwritten, $10 million lawsuit against Uber surfaced, bearing the name of Jason Brian Dalton, the Michigan man charged with murdering six people and injuring two others in a shooting spree last month. Dalton allegedly picked up fares via the ridesharing app in between killings. The purported complaint for punitive damages says, among other claims, “I am currently in prison because of Uber.” And although the lawsuit has been debunked, the claims had a familiar ring to them – Dalton told police the Uber app on his iPhone directed him where to go and when and whom to shoot....

Some of our most challenging queries on FindLaw Answers come from the Immigration Board. They can be complex because each set of facts is unique and involves international considerations while also implicating other fields of life and law. Here, user Lupita_2009 describes her sticky situation and calls for help. Her scenario: Coming to terms with a relationship that has involved abuse is a major issue in itself; however for this user, it is only a part of her situation:...

Now, to appease the fascination with Ivy league law schools. And boxing. Bernard Fernandez: Wharton School vs. Penn Law at Blue Horizon. Brought to you by schools of hard knocks and high LSATs. At some point every law or pre-law student was a ranking-junkie..and now associates can re-live the days. This could quite well be reason #11 to enroll in a law school clinic… US News Will Rank Firms; But Not Before the ABA Asks Questions....

‘We have met the enemy and he is us.’ So said Pogo, or whoever thought of if first. The point is, your own people present the biggest threat of a cyberattack. That’s because they share the malware, leave the back door open, and otherwise invite the enemy in for dinner. Here’s who they are and how they do it. Lawyers, Staff, and Legal Services Because lawyers communicate online more than ever, they are continually at risk of a cyberattack....

In dependency proceedings, an appeal from an order detaining appellant’s daughter is dismissed as moot, although the court of appeals nevertheless reviews the issues on the merits and determines that the trial court erred to the extent it used a non-final opinion of an appellate court to alter its procedures and influence the outcome of the matter before it, as the trial court should have proceeded solely on the basis of its continuing jurisdiction, which authorizes it to continue to decide issues concerning the child’s placement and well-being during the pendency of an appeal....

Order of the juvenile court terminating parents’ parental rights is reversed where: 1) the juvenile court erred in holding the section 366.26 hearing and in issuing orders that terminated parental rights and granting a request by the minor’s foster parents to be designated as prospective adoptive parents, because in doing so the court impermissibly interfered with a final, voluntary relinquishment the parents had made to State Adoptions; and 2) it was unnecessary to address mother’s contention that the court violated notice requirements of the Indian Child Welfare Act because any defect in the notice provided to Indian tribes is rendered moot by the parents’ voluntary relinquishment to State Adoptions....

A judge outside of Nashville, Tennessee is accused of trading sexual favors in exchange for dismissed fees, fines, even criminal charges. Judge Cason “Casey” Moreland, of Nashville’s General Sessions Court, was arrested last week and charged with obstruction of justice and witness tampering in connection to a quid-pro-quo scheme involving at least two women who obtained favorable judicial treatment after some hanky panky with Hizzoner. Judge Moreland’s alleged scheme involved at least two women, according to the criminal complaint filed against him....

Mark Burgen was on trial for armed robbery. And apparently he decided to use his court-mandated lunch break to steal jewelry during his own hearing. Burgen stole about $30,000 of jewelry including diamond bracelets from Walton’s Antique Jewelry store in Franklin, Tennessee during the court’s recess. In fact, a store employee initially caught Burgen red-handed with a Rolex. Burgen handed over the stolen watch and apologized before dashing off with the rest of the stolen goods....

If you can remember back that far, in early 2016 a tattoo studio sued a video game company for depicting NBA players’ tattoos for which they had allegedly not paid licensing fees. In the realm of fringe copyright lawsuits, this was one of the strangest – after all, it wasn’t the athletes themselves arguing that the game engineers were using the ink on their skin without compensation, but a tattoo studio arguing rights to artists’ designs and work....

The tragedy at the Ghost Ship warehouse may now be a distant memory to some people, but the cases over the deadly fire continue on in the courts. Recently, in the civil case being fought out in the Alameda County court, the City of Oakland lost a significant issue on demurrer. The city had claimed that it could not be held liable because its duty to shut down the warehouse could not be triggered without an inspection, and an inspection never happened....

What happens when you put a bunch of young people in a room with a lot of computers? In the case of the U.S. military, copyright violations happen. Hundreds of thousands of them, according to a lawsuit. But is it really a surprise? When it’s possible that even monkeys can copy a Shakespearen play, it had to happen. “Massive Copyright Violations” According to reports, a German software company has accused the U....

When you’ve argued at least 20 cases before the U.S. Supreme Court, and worked in the Solicitor General’s Office for two different administrations (Bush II and Obama), and Jeffrey Toobin, author of The Nine, (a personal favorite) writes a New Yorker feature on you, titled, “The Supreme Court Nominee-in-Waiting,” some idiot blogger shouldn’t be wondering who you actually are. We covered Srinivansan extensively in 2011, when he became the Deputy Solicitor General, but lets recap:...

In an effort to prevent litigation from ever happening in the first place, many companies, on the advice of their in house or general counsel, have likely adopted arbitration clauses into all employment agreements. And as the courts have continued to uphold these clauses as valid, the extent of protection employers opted for has continued to grow. Now, the typical employment agreement not only includes an arbitration clause, but it also has a prohibition on pursuing any collective action via arbitration....

Summer jobs for law students are a big deal. They often set the stage for a graduate’s first real legal position. Among the choices, working in a judge’s chambers is quite popular. But if you’re lucky enough to land one, there are a lot of things you shouldn’t do. Working with judges and their clerks can be trying on a law student’s mind. There’s also that whole working for free issue, as most law students will be well-dressed volunteers....

You only get one shot. There is no second bite at the apple. Whatever your idiomatic cliché of choice is, the principles of res judicata and claim preclusion mean you better get it right the first time. Bowers Investment Company just learned that lesson the hard way, as they will not be able to pursue a $60,000 claim that they missed in their initial trip to the courthouse. In 1993, the Federal Aviation Administration leased a building from Bowers Investments....

Amid growing concerns over releasing even more prisoners, earlier this week Governor Brown came to an agreement with both Democratic and Republican leaders of the California Assembly and Senate, reports KQED. Taking the best of each party’s proposals, Brown has a two-step approach, and essentially leaves it up to the three-judge panel to decide. First, as Democrats wished, the Governor will seek more time to meet the court order. If the court does not agree, the Governor in agreement with Republicans, is ready to ship off approximately 9,000 prisoners to out-of-state facilities, according to KQED....

California lawmakers have passed a bill to protect immigrants from questions about their legal status in court. If signed by the governor, it will become the first of its kind in the nation. Gov. Jerry Brown, who has already made strident efforts to protect immigrants, is expected to sign the proposed law and make it effective immediately. The latest bill is another line in the sand between President Trump and states that have offered sanctuary to undocumented immigrants....

Governor Jerry Brown signed a bill yesterday that eliminates the statute of limitations on rape and other sexual offenses. The new law, S.B. 813, adds rape and similar crimes to the list of criminal acts that can be prosecuted regardless of how long ago the criminal act occurred, such as first degree murder, treason, and embezzlement of public money. The bill’s passage “shows victims and survivors that California stands behind them, that we see rape as a serious crime, that victims can come forward and that justice now has no time limit,” the bill’s sponsor, State Sen....