September 5

Legal History

By Karen Conti

Karen Conti is owner of ContiLaw LLC. She is a regular legal commentator on the local Fox affiliate, CNN and truTV. She appears every Sunday from 8 to 9 p.m. on WGN-AM 720 to discuss current legal events and to answer listeners’ questions.

Posted September 4, 2018 4:38 PM

1774The first assembly of the Continental Congress — the forerunner of the U.S. Congress — convened in Philadelphia to protest the “Intolerable Acts” passed by the British Parliament. Britain aimed to punish Massachusetts colonists for the Boston Tea Party, in which they threw a tea shipment into Boston Harbor.1975Lynette “Squeaky” Fromme attempted to assassinate President Gerald Ford in Sacramento, Calif. A former member of the infamous “Manson family,” she was sentenced to …

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Defendant challenges ‘judicial legislation’ in suit over insider trading

Accused of insider trading, Michael Shvartsman argued this offense is “criminal law made by judges” that violates Article I of the U.S. Constitution and the non-delegation doctrine.
By Steven P. Garmisa
Court assesses offsets against employee’s underinsured claim

The 7th U.S. Circuit Court of Appeals, construing Illinois law, recently held that an employee injured in an automobile accident was entitled to recover underinsured coverage from his employer’s automobile liability policy, subject to certain reductions.
By Don R. Sampen
Iowa Supreme Court blocks testimony about business records

In a case where prosecutors relied on the hearsay rule’s business-records exception to justify testimony about documents that weren’t admitted into evidence, the Iowa Supreme Court, citing decisions from across the country, reversed because “the rules of evidence create a ‘business records exception’ to the rule against hearsay and not a ‘testimony about business records exception.’”
By Steven P. Garmisa
Arizona high court rolls back clock to 1864 in abortion case

The Comstock Act of 1873 was referenced in the U.S. Supreme Court oral arguments in the mifepristone case recently heard, and may play a factor in at least some of the justices’ decisions. Turns out, Arizona told a certain justice, we know you like beer, hold this beer.
By Daniel A. Cotter
Aggregation supports corporate liability in case against Walmart

Count 2 of a civil complaint that accused Walmart of violating the Controlled Substances Act — by “knowingly” filling “ineffective” prescriptions from June 2013 to November 2017 — relied on mashup that combined the conduct of innocent pharmacists with the allegedly culpable knowledge of Walmart’s CSA “compliance team.”
By Steven P. Garmisa
6th Circuit mulls over mileage reimbursement for delivery drivers

In two cases consolidated for appeal about the correct reimbursement rate under the Fair Labor Standards Act for pizza delivery drivers who use their own vehicles, one district judge agreed with the drivers — ruling they are entitled to the standard rate of $0.54 per mile set by the Internal Revenue Service for business deductions in 2018.
By Steven P. Garmisa
PLA on Dramshop Act time limit among latest high court denied

Building on last week’s column on rulings on petitions for leave to appeal from the Illinois Supreme Court on March 27, this week we review more of the numerous and important denials.
By Patrick Eckler
2nd Circuit splits on ‘bad faith’ in eminent domain case

The 2nd U.S. Circuit Court of Appeals split on the validity of a complaint that alleged a New York town’s taking of Ben and Hank Brinkmann’s real estate for an “unimproved park” — i.e., an empty field — was a pretext that violated the 5th Amendment’s takings clause, because the municipality’s “real motive” was to block them from using the property for a big-box hardware store with an 80-car parking lot.
By Steven P. Garmisa