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Today is Memorial Day, observed on the last Monday in May, which is an “annual day of remembrance to honor all those who died in service to the U.S. during peacetime and war.” Per federal law: (a) Designation.–The last Monday in May is Memorial Day. (b) Proclamation.–The President is requested to issue each year a…
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In Nieves v. City of New York, 2024 WL 1363570 (S.D.N.Y., 2024), the court gave a very holiday-centric explanation of what would constitute a facially-invalid arrest warrant: In any event, Plaintiff asserts a Section 1983 claim for violation of a federal constitutional right. As the Supreme Court has explained, the question here is whether the…
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Recently, the U.S. Supreme Court held, in Erlinger v. United States, 2024 WL 3074427 (U.S. June 21, 2024), that a criminal defendant is entitled, under the Fifth and Sixth Amendments, to have a jury unanimously determine beyond a reasonable doubt whether his past offenses were committed on separate occasions for purposes of the Armed Career…
Read More A Brief History of Trial by Jury in the United States, Per the Supreme Court
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As 2023 draws to a close, and we prepare to welcome 2024, it is worthwhile to reflect on the past year and plan for the next. Professionally, that may mean planning for a career change, bolstering one’s credentials, changing jobs, or changing roles/positions in one’s current job. Whatever the new year brings, I wish you…
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In United States v. Gangapersad, 2022 WL 17585850 (E.D.N.Y. Dec. 12, 2022), the court imposed a sentence on a defendant convicted of making false statements to FBI agents concerning a shooting (specifically, whether she indeed witnessed said shooting). Putting aside the court’s articulation and application of the black-letter law, the court added this seasonally-appropriate nugget:…
Read More Judge, Who is Not Santa Claus, Imposes Sentence Upon False-Statement Conviction
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Happy St. Patrick’s Day! This holiday, a religious and cultural holiday held on March 17 commemorating Ireland’s patron saint, is celebrated by many, especially here in New York City. While the days of “No Irish Need Apply” are long gone, it is possible that some may experience discrimination because of their Irish background, heritage, or…
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In Christmas House USA, Inc. v. Christmasland Experience LLC et al, No. 22 CV 7691 (GRB), 2022 WL 17852025 (E.D.N.Y. Dec. 22, 2022), the court considered claims of trade secrets misappropriation, trademark infringement, breach of contract and tortious interference with business relationships. The plaintiff, which operates “a fully immersive Christmas-themed experience,” asserts such claims against…
Read More Christmas Business’ Injunction Request Denied
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… of 2021, is as follows: It has been quite a year; our first “full” one enduring the COVID-19 pandemic and the seemingly permanent changes it has wrought affecting, for example, (1) employment laws affecting the workplaces – and, necessarily, lives – of working New Yorkers (including vaccine and masking requirements), and (2) the initiation…
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Let’s say, hypothetically, you are a burglar and decide to target a particular house owned by a family that will be away (overseas) for the Christmas holiday – i.e., for at least a week, without any indication that any of the family (let alone their 8 year-old son) is left Home Alone. So you and…
Read More Lime & Merchants v. McCallister
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In Coston v. Product Movers, 1990 WL 56516 (E.D.Pa. 1990), a copyright infringement action, the court held that the “idea of Santa Claus” is not protectible, and additionally provides us, via the legal mechanism of “judicial notice”, the following historical background: Pursuant to Fed.R.Evid. 201, I take judicial notice of the fact that Santa Claus…
Read More Court Takes Judicial Notice of Santa Claus’ History