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In The Courts
Seventh Circuit Limits Scope of 'Prior Administrative Order' Sentencing Guideline
In United States v. Wallace, 2004 WL 103315 (7th Cir. Jan. 23, 2004), the Seventh Circuit held that a “Statement of Voluntary Discontinuance,” signed by the defendant to assure the U.S. Postal Inspection Service that he would stop sending bad checks through the U.S. mail, did not constitute a prior administrative order, injunction, or process of the sort that should trigger a two-level sentence enhancement under U.S.S.G. ' 2B1.1(b)(7), after his conviction for subsequent acts of mail fraud. Section 2B1.1(b)(7) provides that, “[i]f the offense involved … a violation of any prior, specific judicial or administrative order, injunction, decree, or process not addressed elsewhere in the guidelines … increase by 2 levels.”
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Bit Parts
Summary Judgment Denied Defendant in Declaratory Action by Producer of To Kill a Mockingbird Broadway Play Seeking Amateur Theatrical Rights
Risks of “Baseball Arbitration” in Resolving Real Estate Disputes
“Baseball arbitration” refers to the process used in Major League Baseball in which if an eligible player's representative and the club ownership cannot reach a compensation agreement through negotiation, each party enters a final submission and during a formal hearing each side — player and management — presents its case and then the designated panel of arbitrators chooses one of the salary bids with no other result being allowed. This method has become increasingly popular even beyond the sport of baseball.