You're damn right I didn't order a code red!

ABL has resurfaced from trial (which was resolved without the need for a jury). ABL was asked by the Court to represent a pro se person at trial in an FMLA action. The plaintiff was fired while on sick leave for being AWOL because, after he attended a training session, his employer called his doctor and got a revised doctor's note -- and then attempted to require the plaintiff to return to light duty. The plaintiff and his employer played phone tag -- and a day after plaintiff called his employer, he was unable to reach his supervisor, and was then deemed AWOL from light duty and charged a few days later.

At trial, the supervisor admitted that plaintiff was never scheduled to work light duty, and that he was never ordered to do anything abd that the supervisor was not going to schedule plaintiff for light duty until he spoke with plaintiff, which he never did. In other words, if plaintiff was not scheduled for light duty and never ordered to do anything, he could not have been AWOL and could not have refused an order (none was given).

2d Circuit rides into Buffalo

On October 16-17, 2008, the 2d Circuit rode the circuit and held oral arguments and an admission ceremony on the WDNY. The panel consisted of CJ Jacobs and Judges Wesley and Arcara (sitting by designation). Judge Hall also made a brief appearance via video link from Rutland, Vertmont for the first argument on 10/16.

ABL was scheduled to argue two cases before the court, but a settlement and the court's decision to have ther other argument submitted on the papers deprived ABl of the opportunity to participate in the historic visit. Nonetheless, ABL attended some of the arguments -- as well as the lone Q&A. It was a wonderfully organized event and congratulations are deserved by whomever organized this event. The Court ought to ride the circuit more frequently -- with rode trips to the other federal courthouses of the 2d Circuit.

Judge Kloch orders production of MySpace pages

Yesterday, Judge Kloch, in an unpublished decision, ordered the production of MySpace records of a woman asserting claims for emotional damages. In addition to producing printed records in court, WS LLP also obtained a judicial subpoena to MySpace for the records. One argument in favor of production was the fact that the plaintiff had, after a TRO issued barring her from altering her MySPace account, altered part of the public profile on her MySpace account.

CJ Jacobs -- pro bono is not that bono

ABL missed the opprtunity to attend the Federalists' meeting in Rochester last week, but it appears to have been rather interesting.

North Philly -- tougher than a $3 steak!

CJ Roberts issued an interesting dissent from a cert. denial in Pennsylvania v. Dunlap. Thanks to Prof. Laura Reilly for bringing this to ABL's attention.

Fortunately, the meat served at this year's Celebration of Excellance, which was hosted by Justice Alito at the USSC, was a far cry from a $3 steak. Thanks to Cindy Dennis of the American Inns of Court for organizing such a spectacular evening. ABL attended with Robert Klump of Canisius College and the WDNY's pro se office.