by John W. Polk | May 20, 2020 | Immigration Law
UNITED STATES v. SINENENG-SMITH, ___ U.S. ___, No. 1967 (7 May 2020) This case concerns a provision of the immigration laws, 8 U. S. C. §1324, which makes it a felony to encourage or induce an alien to enter or reside in the United States, knowing or in reckless...
by John W. Polk | May 8, 2020 | Entertainment, Sports, & Media Law
THE CASE OF DONALD TRUMP v. CYRUS VANCE, Jr. and MAZARS USA Winston Churchill wrote a biography of his ancestor John Churchill, who is better known as the Duke of Marlborough. Describing the period of conflict spanning the demise of Cromwell’s government and the...
by John W. Polk | Mar 16, 2020 | Employment & Labor Law
KANSAS v. GARCIA, ___ U.S. ___, No. 17-834 (3 March 2020) Until 1986, federal law did not prohibit employing illegal aliens. In 1986, Congress enacted the Immigration Reform and Control Act (IRCA) that makes it illegal to knowingly hire an illegal alien to work in...
by John W. Polk | Mar 4, 2020 | Business Litigation
Hernandez v. Mesa, ___ U.S. ___, No. 17-1678 (25 February 2020) In Bivens v. Six Unknown Fed. Narcotics Agents, 403 U.S. 388 (1971), the Supreme Court held that a person claiming to be the victim of an unlawful arrest and search could bring a 4th Amendment claim for...
by John W. Polk | Jan 6, 2020 | Business Litigation
ROTKISKE v. KLEMM, ___ U.S. ___, No. 18-328 The Fair Debt Collection Practices Act (FDCPA) authorizes private civil actions against debt collectors who engage in certain prohibited practices. The statute provides that a private action must “be filed within one...
by John W. Polk | Sep 9, 2019 | Business Litigation
SANDERS, et al., v. UNITED STATES OF AMERICA, ___ F.3d ___, U.S. Court of Appeals for the Fourth Circuit, No. 18-1931 (30 August 2019). Federal law prohibits several categories of persons from buying or possessing a firearm, including anyone who is an unlawful user of...
by John W. Polk | Aug 5, 2019 | Business Litigation
KNICK v. TOWNSHIP OF SCOTT, PENNSYLVANIA, ___ U.S. ___, No. 17-647 (21 June 2019) The Takings Clause of the Fifth Amendment states that “private property [shall not] be taken for public use, without just compensation.” The Supreme Court has long held that property...
by John W. Polk | Jul 9, 2019 | Business Litigation
Antitrust; direct purchaser rule Facts In 2007, Apple introduced the iPhone. The next year, Apple created an electronic App Store where consumers could buy apps for their iPhones. The apps sold to consumers are developed by third-party app developers, not by Apple. ...
by John W. Polk | Jul 3, 2019 | Business Litigation
GAMBLE v. UNITED STATES, ___ U.S. ___ No. 17-646 (2019) I. Facts and lower court rulings In 2008, Terance Gamble was convicted of a felony in Alabama. Subsequently, in 2015, Gamble was stopped for a traffic violation. The officer detected the odor of marijuana...
by John W. Polk | Jun 26, 2019 | Business Litigation
NIEVES v. BARTLETT, ___ U.S. ___, No. 17-1174 (28 May 2019). Facts and lower court rulings Russell Bartlett was arrested during an event in Alaska called “Arctic Man,” a winter sports festival in the remote Hoodoo Mountains near Paxson, Alaska. Paxson is a small...
