Paralegal Mark Anthony Given compiles Winning Federal Cases published in the Federal Report on subjects from Criminal Law, Habeas Corpus, Social Security Disability and the Bureau of Prisons and is available for legal writing and research at markamania2002@yahoo.com

Wednesday, September 20, 2006

Fraud upon the court "not just a high hurdle to climb but a steep

Herring v. United States, 424 F.3d 384 (3rd Cir. 2005).
ALDISERT, Circuit Judge.
In this case we decide whether the Government’s assertion of military secrets privilege for an accident report discussing the October 6, 1948 crash of a B-29 bomber which killed three civilian engineers along with six military personnel, at Waycross, Georgia, was fraud upon the court.
Actions for fraud upon the court are so rare that this Court has not previously had the occasion to articulate a legal definition of the concept. The concept of fraud upon the court challenges the very principle upon which our judicial system is based: the finality of a judgment. The presumption against the reopening of a case that has gone through the appellate process all the way to the United States Supreme Court and reached final judgment must be not just a high hurdle to climb but a steep cliff-face to scale.

Tuesday, September 19, 2006

Workplace Privacy?

US v. Ziegler, 456 F.3d 1138 (9th Cir. 2006).
(Huge privacy in the workplace exposition covering all the current law and statistics; fellow employees rat out coworker in internet provider firm for kiddie porn and then hand over hard ddrives to FBI).

Monday, September 11, 2006

Andretti v. Borla Performance Industries, Inc., 426 F.3d 824 (6th Cir. 2005)(Mario wins injunction for company violating his right to publicity by using his name and his statements in advertisement.

Thursday, September 07, 2006

OKlahoma Chief Justice sues other Justices

Opala v. Watt, 454 F.3d 1154 (10th Cir. 2006)(Having failed in his desire to be chosen once again Chief Justice of the Oklahoma Supreme Court, Justice Marian P. Opala seeks to invoke the jurisdiction of the federal courts in his effort to achieve that end. He brings to us claims that he was discriminated against on the basis of his age in violation of the Equal Protection Clause and that his due process rights were violated when his colleagues on the Oklahoma Supreme Court changed the rule of rotation for elevation of a Chief Justice from one which precluded re-election to that position for more than one consecutive term to one which lifted that prohibition and re-elected Joseph P. Watt as Chief Justice. Because no prospective equitable relief can redress Justice Opala's alleged injury, we REVERSE the judgment of the district court and REMAND with instructions that the district court DISMISS the complaint for want of jurisdiction with prejudice. Justice Opala's "application to file statement regarding disputed facts" is DENIED.

Wednesday, September 06, 2006

Two dead DEA Agents murdered in reverse sting

US v. Molina-Uribe, 429 F.3d 514 (5th Cir. 2005)(Two dead DEA Agents murdered in reverse sting).
US v. York, 428 F.3d 1325 (11 Cir. 2005)(United Nations of Nuwaubian Moors, religious ministry/Native American tribe sentenced to 1,620 months in prison for interstate transport of minors for sex, RICO etc.).
US v. Wise, 221 F.3d 140,144. 1 (5th Cir. 2000)("The Republic of Texas is an organization that is dedicated to removing all federal government operations fro the State of Texas and re-establishing Texas as an independent nation."
Pebble Beach Co. v. Caddy, 453 F.3d 1151 (9th Cir. 2006)(Pebble Beach Gulf resort trademark infringement against operator of British bed & breakfast).
US v. Lyons, 454 F.3d 968 (9th Cir. 2006)(phony celebrity signature/memorabilia case)