In an important Second Amendment decision that charts a course for evaluating the validity of gun laws now that the Supreme Court has declared the right to be an individual one, the 3rd Circuit has refused to strike down a federal law that bans possession of guns with obliterated serial numbers.
The government is forging ahead with its perjury case against Barry Bonds. California federal Judge Susan Illston tentatively agreed on Friday to a March trial date for the baseball legend. In June, the 9th Circuit found that evidence allegedly linking Bonds to steroid use was hearsay, and can’t be used to convict him of perjury
What should the bench do to help lawyers navigate EDD disputes? Courts need to borrow from a 7th Circuit program, which states that “zealous representation of a client is NOT compromised by conducting discovery in a cooperative manner,” says an attorney on the circuit’s EDD committee.
In a huge win for labor, the 3rd Circuit has ruled that a corporation in bankruptcy cannot terminate its retirees’ health and life insurance benefits — even if its ERISA plan explicitly reserved its right to unilaterally terminate such benefits — unless it can show that doing so is a necessary part of its reorganization plan. The decision promises to alter the playing field in big corporate bankruptcies by mandating compliance with Section 1114 of the Retiree Benefits Bankruptcy Protection Act without exception.
An Oklahoma woman who alleged that a Catholic bishop subjected her to “severe and pervasive” gender and age discrimination at work is not entitled to protection by federal employment laws, the 10th Circuit has ruled, making it the latest court to weigh in on the issue of the “ministerial exception.” The circuit concluded that the plaintiff’s duties were not just administrative but also spiritual, therefore granting the church immunity from her suit.