Hour 1
Pontinen v. United States Steel Corp., No. 21-1612 (7th Cir. 2022)
Applying the direct threat analysis and weighing factors such as duration of the risk, the nature and severity of potential harm, the likelihood of harm that will occur, and imminence of harm, the court concluded that all the factors weigh in favor of finding that there is a direct threat. Therefore, USS has shown through undisputed evidence that, if hired for the Utility Person position, plaintiff’s seizure disorder would pose a direct threat to himself and others at the Midwest Plant.
https://law.justia.com/cases/federal/appellate-courts/ca7/21-1612/21-1612-2022-02-11.html
Hidden Consumer Rights and Remedies Regarding Private Student Loans
This article provides practice tips to determine if a specific private student loan is generally dischargeable and provides advice on dealing with private student loans in bankruptcy. The article then turns to remedies available to consumers subject to collection efforts after their private student loans are discharged in bankruptcy.
https://library.nclc.org/hidden-consumer-rights-and-remedies-regarding-private-student-loans
Money Matter: Real Property Foreclosures: Foreclosure Basics
Link to video (5 minutes):
JPMorgan Chase Bank, National Ass’n v. Virgulak, Conn. Sup. Ct. 2022
The Supreme Court affirmed, holding (1) the trial court properly declined Plaintiff’s request to reform the mortgage deed to reference that the mortgage deed executed by Defendant was given to secure a note executed by her husband; and (2) the trial court correctly determined that Plaintiff was not entitled to foreclose the mortgage executed by Defendant because Defendant was not a borrower on the note.
https://law.justia.com/cases/connecticut/supreme-court/2022/sc20403.html
Anderson v. Ford Motor Co., California Courts of Appeal, 2022
The jury awarded plaintiffs $47,715.60 in actual damages, which was the original purchase price of the truck, $30,000 in statutory civil penalties under the Song-Beverly Act, and $150,000 in punitive damages. The trial court granted plaintiffs’ motion for attorney fees in the amount of $643,615. Ford appealed, but finding no reversible error in the judgment and damages awards, the Court of Appeal affirmed.
https://law.justia.com/cases/california/court-of-appeal/2022/c089603.html
American Civil Liberties Union Of Michigan v. Calhoun County Sheriff’s Office, Michigan Supreme Court, 2022
The Supreme Court held that it could not, “for the simple reason that a regulation is not a statute.” The Supreme Court reversed the Court of Appeals’ holding to the contrary, and the Court overruled Soave v. . . .
https://law.justia.com/cases/michigan/supreme-court/2022/163235.html
Hour 2
Borrowers may request SBA loan review of partially forgiven PPP loans
On January 27, SBA issued Procedural Notice 5000-827666 outlining a new process for borrowers to request an SBA loan review of partially approved forgiveness decisions by their Paycheck Protection Program (PPP) lenders. Effective immediately, when a PPP lender receives a forgiveness remittance from SBA on a partial approval decision (including instances when the lender required a borrower to apply for forgiveness in an amount less than the full amount of the loan), the lender must inform the borrower that the borrower has 30 calendar days from receipt of the notification to seek an SBA loan review of the lender’s partial approval decision.
https://buckleyfirm.com/blog/2022-02-09/borrowers-may-request-sba-loan-review-partially-forgiven-ppp-loans#page=1
Bartlit Beck, LLP v. Okada, No. 21-1633 (7th Cir. 2022)
Less than 72 hours before the evidentiary hearing, Okada informed the arbitrators that he would not be attending. The Panel stated that it would proceed without him and that his nonattendance could subject him to default. Okada replied that he rejected the validity of the engagement agreement and was unable to make the journey from Japan to Chicago for undisclosed medical reasons. Okada announced that he would not authorize his attorneys to participate in the arbitration, and canceled all witnesses, reservations, and services. The Panel held him to be in default and found that Okada owed the firm $54.6 million, including a $963,032 sanction for the costs and fees of the proceeding.
https://law.justia.com/cases/federal/appellate-courts/ca7/21-1633/21-1633-2022-02-08.html
Lara v. First National Insurance Co., No. 21-35126 (9th Cir. 2022)
To show an injury will require an individualized determination for each plaintiff. Hence, the district court did not abuse its discretion in finding that those individualized determinations predominate over the common questions. Second, the district court’s finding of no superiority was not an abuse of discretion for the same reason. A class action here would involve adjudicating issues specific to each class member’s claim, and that would be unmanageable. Individual trials would be a better way to adjudicate those issues.
https://law.justia.com/cases/federal/appellate-courts/ca9/21-35126/21-35126-2022-02-11.html
In re Affidavit of Helms (Supreme Court of Ohio, 2022)
The Supreme Court affirmed the judgment of the court of appeals dismissing Appellant’s private citizen affidavit seeking the arrest of Appellee, Beth Diefendorf, an Akron municipal employee, holding that the court of appeals correctly dismissed the affidavit for lack of jurisdiction.
https://law.justia.com/cases/ohio/supreme-court-of-ohio/2022/2021-0645.html
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If the affidavit alleges a felony, unless the judge, clerk, or magistrate has reason to believe that the affidavit was not filed in good faith or lacks merit, he or she must issue a warrant for the arrest of the person identified in the affidavit or refer the matter to the prosecuting attorney for investigation.
Sovereign Citizens Do Actually Need Drivers’ Licenses
A urine-drinking anti-COVID-19 activist is currently driving across the country with the intention of making a citizen’s arrest of every Democratic governor while warning Americans about the “bio-weapon” hiding in the vaccine. Are you ready for the really crazy part? He’s doing it without a driver’s license.
https://jalopnik.com/yes-sovereign-citizens-you-do-need-a-drivers-license-1848423810
Montana Law Review – A Legal Response to the Sovereign Citizen Movement, 2019
This article seeks to provide civil servants, law enforcement, and the judiciary with a comprehensive reference guide to the Sovereign Citizen movement. To do this, the article attempts to make sense of and explain the most common Sovereign Citizen themes and their failings under the Constitution: first, the jurisdiction of the federal government over actual flesh and blood citizens; second, the ability to tax citizens and redeeming the “strawman” (the so-called “Redemption Scheme”); and third, the individual’s right to travel. By explaining the legal shortcomings of the Sovereign Citizen ideology, lawyers and judges can address citizens’ concerns about government overreach, dissuade Sovereign Citizens themselves from continually reasserting the same meritless arguments, and inform the general public of their actual constitutional rights.
PDF here:
https://scholarworks.umt.edu/cgi/viewcontent.cgi?article=2450&context=mlr
Music Credits
Hank Williams – Hey Good Lookin’
https://youtu.be/bjCoKslQOEs
Everybody Know
https://youtu.be/Lin-a2lTelg
Mason Proffit: Two Hangmen
https://youtu.be/CC3yZdG_2Bc
15 second snips
https://sectorradio.ru/space/
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