This is Robert Abell's Typepad Profile.
Join Typepad and start following Robert Abell's activity
Join Now!
Already a member? Sign In
Robert Abell
Lexington, Kentucky
"Lets have faith that right makes might; and in that faith let us, to the end, dare to do our duty as we understand it." - Abraham Lincoln
Interests: Nothing on this blog is legal advice, and it shouldn't be taken as legal advice. This blog is free; legal advice you have to pay for. My purpose is to discuss events, cases and other things that seem important. I invite comments, although I may delete them because they are offensive to me, idiotic or any other reason I happen to think of.
Recent Activity
The Sixth Circuit has ruled that Title IX liability requires "proof that a school had actual knowledge of actionable sexual harassment, and that the school's deliberate indifference to it resulted in further actionable sexual harassment against" the complaining student in Kollaritsch v. Michigan State Board of Trustees. This resulted in the dismissal of four students' claims. The Court took pains... Continue reading
Posted Dec 16, 2019 at ... and Justice for All
Last year JPMorgan Chase reached a $24 million settlement in a race discrimination case in which financial advisors claimed that "the bank practiced “uniform and national in scope” discrimination against African-American financial advisors, such as assigning them to poorer bank... Continue reading
Posted Dec 11, 2019 at Kentucky Employment Law Blog
Breathalyzers, which purport to measure a person's blood-alcohol content, are the cornerstone of nearly all DUI prosecutions, certainly in Kentucky. A refusal to take a Breathalyzer test results in loss of your drivers license for 6 months. But are Breathalyzer tests reliable and accurate? A study conducted by the New York Times has revealed that Breathalyzers, which are "found in... Continue reading
Posted Nov 4, 2019 at ... and Justice for All
Senators Chuck Grassley (R - Iowa) and Dick Durbin (D - Illinois) have introduced the Prohibiting Punishment for Acquitted Conduct Act of 2019, which would bar federal judges from considering conduct/acts that underlay charged crimes for which a defendant was found not guilty or which was dismissed by motion. There is a press release from Senator Grassley's office. The United... Continue reading
Posted Oct 2, 2019 at ... and Justice for All
Actress Felicity Huffman, who paid a big pile of money to have her daughter's SAT scores faked so the daughter could be admitted to a more desirable university, received a sentence for her honest services fraud conviction of two weeks in jail, a $250,000 fine and 250 hours of community service. Also, an avalanche of embarrassment and humiliation although the... Continue reading
Posted Sep 17, 2019 at ... and Justice for All
A defendant reached a plea agreement with the government in which it promised to argue at sentencing for a sentence within the sentencing guidelines range computed in the plea agreement. But at the sentencing hearing the government double-crossed the defendant and argued for a higher sentence and then, apparently realizing what had been done, attempted to backtrack only to have... Continue reading
Posted Sep 11, 2019 at ... and Justice for All
A guy in a marijuana patch realizes that he’s been found out and the cops are closing in; he takes a wild swing with a shovel and tries to flee on foot but apparently not being fleet of foot is caught. From such modest origins comes the question: was the swing and miss with the shovel a use of violence... Continue reading
Posted Aug 6, 2019 at ... and Justice for All
Sometimes the law yields a good story of redemption and persistence. Calvin Duncan, who served some 23 years at Louisiana's Angola State Penitentiary and became a renowned jailhouse lawyer is profiled in the New York Times: A Relentless Jailhouse Lawyer Propels A Case to the Supreme Court. Remember, every now and then although not as often as one might reasonably... Continue reading
Posted Aug 5, 2019 at ... and Justice for All
The New York Times reports, At Long Last, A Measure of Justice for Some Drug Offenders, that more than 1000 federal inmates have had their sentences reduced and been released as a result of the First Step Act enacted last December. Nearly all of these individuals had been sentenced to draconian and morally wrong sentences involving crack cocaine offenses. An... Continue reading
Posted Jun 12, 2019 at ... and Justice for All
A good and I think accurate analysis of the factors driving Paul Manafort's sentence imposed the other day is offered at by Los Angeles criminal defense lawyer Ken White: 6 Reasons Paul Manafort Got Off So Lightly. And so it goes. Robert L. Abell Continue reading
Posted Mar 9, 2019 at ... and Justice for All
Whether a worker is an employee or an independent contractor is a threshold question with regard to overtime: employees have to be paid overtime and independent contractors do not. The Sixth Circuit uses what it calls the "economic reality" test... Continue reading
Posted Mar 4, 2019 at Kentucky Employment Law Blog
Workers at New York City area car washes have recovered about $8.5 million in a wage theft case, the New York Times reports, A Multi-million Dollar Payoff at the Carwash. A musical tribute: Every now and then the little guys... Continue reading
Posted Feb 24, 2019 at Kentucky Employment Law Blog
A recent post, Can the Sentencing Commission Expand the Guidelines' Reach Through Commentary? "Yes" Says the Sixth Circuit At Least for Now, discussed the Court's conclusion that the Sentencing Commission had unconstitutionally expanded the meaning of "controlled substance offense" under § 4B1.2 of the guidelines by adding in commentary that the term also embraced "offenses of aiding and abetting, conspiring,... Continue reading
Posted Feb 11, 2019 at ... and Justice for All
Sometimes someone else says it better, this time it is the editorial board of the Washington Post summing up the Justice Department under President Trump, Convicted for Leaving Water for Migrants in the Desert -- This is Trump's Justice: That is a snapshot of twisted frontier justice in the age of Trump. Save a migrant’s life, and you risk becoming... Continue reading
Posted Jan 27, 2019 at ... and Justice for All
Punishment Without Crime: How Our Massive Misdemeanor System Traps The Innocent and Makes America More Unequal by Alexandra Natapoff, a professor at University of California-Irvine School of Law, is a compelling study of the corrosive effects of our unwieldy -- some 13 million misdemeanor charges are filed annually in the United States -- low-level misdemeanor crime system. Professor Natapoff, a... Continue reading
Posted Jan 3, 2019 at ... and Justice for All
The long overdue and badly-needed law, the First Step Act, reforming federal criminal law and sentencing was passed yesterday in the U.S. Senate garnering a huge 87-12 majority. There are numerous reports: Senate Passes Bipartisan Criminal Justice Bill, Senate Overwhelmingly Backs Overhaul of Criminal Justice System, and The Senate Just Passed Criminal Justice Reform. The House is expected to also... Continue reading
Posted Dec 19, 2018 at ... and Justice for All
A claim founded on disability discrimination may be pursued as a denial of equal protection of the law and pleaded under 42 U.S.C. § 1983 the Sixth Circuit ruled recently in Bullington v. Bedford County, Tennessee. Kaleena Bullington worked for... Continue reading
Posted Nov 1, 2018 at Kentucky Employment Law Blog
An analog to axiom that bad facts make bad law is bad judging makes bad law. The Sixth Circuit's recent decision in United States v. Havis, where a three-judge panel issued four opinions illustrates slightly how far the Sixth Circuit has gone off the rails. Havis pleaded guilty to being a felon in possession of a firearm, which seems straight-forward... Continue reading
Posted Oct 31, 2018 at ... and Justice for All
The case of Matthew Charles is one that places a great and immutable stain on the federal criminal justice system. That the Sixth Circuit, in a disturbingly glib opinion authored by Judge Jeffrey Sutton, fuels it further and idiotically proposes that the Justice Department, which has labored mightily to get Charles put back in jail and be kept there another... Continue reading
Posted Oct 23, 2018 at ... and Justice for All
The common law tender-back doctrine does not apply to Title VII and pregnancy discrimination claims the Sixth Circuit ruled recently in McClellan v. Midwest Machining Inc. Jena McClellan had established herself pretty well as a telemarketer at Midwest Machining until... Continue reading
Posted Oct 22, 2018 at Kentucky Employment Law Blog
Form too often is elevated way above substance and the Sixth Circuit's decision in United States v. Mitchell is a disturbing illustration of the point, as well as more wasted and empty motion that could be thought reasonable. The defendant, Stephen Mitchell, had three prior felony convictions when he was convicted of violating 18 U.S.C. § 922(g)(felon in possession of... Continue reading
Posted Oct 11, 2018 at ... and Justice for All
Does a plaintiff have to prove that an employer had a particular animus toward employees with disabilities to sustain a disability discrimination claim? "No" answered the Sixth Circuit in EEOC v Dolgencorp LLC. We discussed this case in an earlier... Continue reading
Posted Aug 21, 2018 at Kentucky Employment Law Blog
Once an employee with a disability covered by the Americans With Disabilities Act (ADA) requests a reasonable accommodation for that disability the employer has a duty to explore the nature of the employee's limitations, if and how those limitations affected... Continue reading
Posted Aug 20, 2018 at Kentucky Employment Law Blog
A blockbuster race discrimination verdict against UPS was upheld by the Kentucky Court of Appeals last week, UPS v. Barber. The appeals court affirmed entirely the jury's verdict and the circuit judge's rulings. The case was brought by a group... Continue reading
Posted Aug 17, 2018 at Kentucky Employment Law Blog
A federal indictment unsealed today reveals that the career of West Virginia Supreme Court Justice Allen Loughry is in ashes and for the following, at least according to the Indictment: use of a Cass Gilbert desk (for about four years), $2764.18 and three lies. I got interested in this because news stories mentioned Cass Gilbert, who is the architect of... Continue reading
Posted Jun 20, 2018 at ... and Justice for All