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Federal Courts Released Prisoner's Jail Sentence Appeal Moot

Released Prisoner's Jail Sentence Appeal Moot

By Robyn Hagan Cain | Last updated on

Be careful what you petition for. David Rhodes was convicted on drug-related charges in 1993, and sentenced to twenty years' imprisonment and ten years'...

Federal Courts Crumbling Prison Doesn't Qualify as Eighth Amendment Violation

Crumbling Prison Doesn't Qualify as Eighth Amendment Violation

By Robyn Hagan Cain | Last updated on

Is the sky falling or is that a piece of concrete from a crumbling prison ceiling? The Tenth Circuit Court of Appeals ruled against a prisoner proceeding pro...

Federal Courts Court Finds Insubordination, Dismisses FMLA Retaliation Claim

Court Finds Insubordination, Dismisses FMLA Retaliation Claim

By Robyn Hagan Cain | Last updated on

Timing isn't everything. For example, a plaintiff is not guaranteed to prevail in a Family and Medical Leave Act (FMLA) lawsuit simply because his FMLA leave...

Federal Courts Does the Rooker-Feldman Doctrine Bar Your Foreclosure Appeal?

Does the Rooker-Feldman Doctrine Bar Your Foreclosure Appeal?

By Robyn Hagan Cain | Last updated on

The old saying, “If at first you don't succeed, try, try again,” does not ring true in the law. While the appellate process provides a certain number of second...

Federal Courts The Nine Eye the Tenth: Briefs Requested, Sentence Vacated

The Nine Eye the Tenth: Briefs Requested, Sentence Vacated

By Robyn Hagan Cain | Last updated on

The Tenth Circuit Court of Appeals doesn't get as much love from the Supreme Court as its Ninth Circuit neighbors -- and by love, we of course mean reversal --...

Federal Courts No Split-Note Defense: MERS Can Foreclose on Homes

No Split-Note Defense: MERS Can Foreclose on Homes

By Robyn Hagan Cain | Last updated on

We don't fault attorneys for resorting to creative arguments to halt foreclosure; it's an attorney's job to represent her client zealously. But when the Tenth...

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