10 October 2014

So, this just happened.

The fine, upstanding gentleman driving this red car was not too pleased that I passed him on the right (it doesn't seem to matter to him that he was driving in the passing lane without, you know, actually passing anyone).


He followed me home after I passed him. That's nearly 2 miles from this spot. He pulled up beside my truck and the conversation went something like this:

Him: "You about ran me over when you passed me on (Route) 100!" He also complained that I was driving too fast.

Me: "If I was going too fast, how fast did you drive to catch up to me so that you could follow me all the way home?"

Him: (confused look) "At least 75 miles per hour!"

Me: "Don't you think that was pretty unsafe of you to drive faster than I was to catch up to me?"

Him: (confused look)

Me: "Oh, c'mon man! Are you the police? Is it your job to correct other drivers!"

Him: "You're damn right it is. It's my job to kick the ass of people like you."

Me: "Really? Well what are you going to do about it?"

Him: If I wasn't on probation I'd kick your ass!"

Me: "So now what?"

At this point I reached into my pocket to pull out my phone. At the least, I wanted to get a picture of this guy. But he started driving away. I do have a better screenshot with his license plate.

Me: "Keep going, buddy! Keep going!"

09 October 2014

My Country Music in Ten Songs: Conway Twitty / That's My Job

One in a series of posts presenting ten songs that represent country music for me. Not necessarily my top ten favorite songs. Presented in no particular order. For the rest of the series, see here.

05 October 2014

Law in Plain English: Direct Marketing Association v. Brohl

This is one in a series of posts designed to describe court decisions in plain English. For more detail and background on the legal issues, see the link to the case below. For similar posts, click here.

SCOTUSblogDirect Marketing Association v. Brohl

Argument: Dec 8 2014 (Aud.)

Background: The Direct Marketing Association sought to block enforcement of a Colorado law that imposes notice and reporting requirements on retailers who do not collect taxes on sales to Colorado purchasers ("non-collecting retailers"). The law requires non-collecting retailers to provide transactional notices to Colorado purchasers, send annual purchase summaries to Colorado customers, and annually report Colorado purchaser information to the Department of Revenue. The district court granted a preliminary injunction prohibiting enforcement of the notice and reporting requirements, and later ruled that the requirements facially discriminated against interstate commerce and unconstitutionally interfered with interstate commerce. The Tenth Circuit reversed, finding that the Tax Injunction Act deprived the district court of jurisdiction to block Colorado's notice and reporting requirements.

Issue: The question before the Court is whether the Tax Injunction Act, which provides that “[t]he district courts shall not enjoin, suspend or restrain the assessment, levy or collection of any tax under State law where a plain, speedy and efficient remedy may be had in the courts of such State,” bars federal court jurisdiction over a suit brought by non-taxpayers to enjoin the informational notice and reporting requirements of a state law that neither imposes a tax, nor requires the collection of a tax, but serves only as a secondary aspect of state tax administration.

Holding: TBD

Law in Plain English: Hana Financial, Inc. v. Hana Bank

This is one in a series of posts designed to describe court decisions in plain English. For more detail and background on the legal issues, see the link to the case below. For similar posts, click here.

SCOTUSblogHana Financial, Inc. v. Hana Bank

Argument: Dec 3 2014 (Aud.)

Background: Hana Bank began operating in May 1994 as the Hana Overseas Korean Club, but did not attempt to register its trademark until. Hana Financial (HFI) began operating on April 1, 1995, and registered its own trademark in 1996. In 2007, HFI filed a trademark infringement claim against Hana Bank, HFI contended that the Bank's use of its "Hana Bank" mark infringed HFI's "Hana Financial" mark because its use of the word "Hana" in connection with financial services would likely cause confusion. The jury found that Hana Bank had used its mark in commerce prior to April 1, 1995, and therefore had trademark priority over HFI. The jury's finding was based upon the doctrine of tacking, where a party
may claim priority in a mark based on the first date of use of a similar but technically distinct mark where the previously used mark is the legal equivalent of the mark in question or indistinguishable such that consumers consider both as the same mark. The Ninth Circuit affirmed, ruling that tacking is a question of fact that must ultimately be decided by the jury.

Issue: The question before the Court is whether the jury or the court determines whether use of an older trademark may be tacked to a newer one.

Holding: TBD

My Country Music in Ten Songs: Diamond Rio / Walkin' Away

One in a series of posts presenting ten songs that represent country music for me. Not necessarily my top ten favorite songs. Presented in no particular order. For the rest of the series, see here.

03 October 2014

My Country Music in Ten Songs: Carrie Underwood / See You Again

One in a series of posts presenting ten songs that represent country music for me. Not necessarily my top ten favorite songs. Presented in no particular order. For the rest of the series, see here.

02 October 2014

My Country Music in Ten Songs: Kacey Musgraves / Follow Your Arrow

One in a series of posts presenting ten songs that represent country music for me. Not necessarily my top ten favorite songs. Presented in no particular order. For the rest of the series, see here.

29 September 2014

Law in Plain English: Public Employees’ Retirement System of Mississippi v. IndyMac MBS, Inc.

This is one in a series of posts designed to describe court decisions in plain English. For more detail and background on the legal issues, see the link to the case below. For similar posts, click here.

SCOTUSblogPublic Employees’ Retirement System of Mississippi v. IndyMac MBS, Inc.

Argument: Oct 6 2014 (Aud.)

Background: In American Pipe & Construction Co. v. Utah, the Supreme Court held that the commencement of a class action suspends the applicable statute of limitations as to all asserted members of the class who would have been parties had the suit been permitted to continue as a class action. In this case, two securities class action lawsuits were filed against IndyMac, alleging violations of the Securities Act. The district court dismissed all claims because the original lead and sole named plaintiffs (a group of Wyoming entities) could not demonstrate standing. The dismissed claims included those involving securities purchased by other members of the asserted class (including the Public Employees' Retirement System of Mississippi, PERS), but none of whom were named plaintiffs in the original class action. PERS and other municipal retirement systems moved into intervene. Although the three-year period of repose in Section 13 had run on their claims, these plaintiffs invoked the tolling rule set forth in American Pipe. The district court denied the motions to intervene. The Second Circuit affirmed, distinguishing between a statute of limitations (which is subject to equitable considerations such us tolling) and a statute of repose (which is considered an absolute limitation).

Issue: The question before the Court is whether the filing of a putative class action serves, under American Pipe & Construction Co. v. Utah, to satisfy the three year time limitation in § 13 of the Securities Act with respect to the claims of putative class members.

Holding: The Supreme Court dismissed the writ of ceriorari as improvidently granted.

28 September 2014

My Country Music in Ten Songs: Brett Eldredge / Raymond

One in a series of posts presenting ten songs that represent country music for me. Not necessarily my top ten favorite songs. Presented in no particular order. For the rest of the series, see here.