September 22, 2020
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Courtroom Strategy by Attorney Oscar Michelen
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Articles by Oscar Michelen

Criminal Law

Fed Judge Rips DOJ After Brady Violations Cause Dismissal of Criminal Case

September 17, 2020 Oscar Michelen 0

Yesterday Judge Alison Nathan of the Southern District of New York, issued a scathing decision calling for an investigation in procedures and systems in the US Attorney’s office for the Southern District of New York. The basis for the judge’s opinion was the dismissal of the criminal case and conviction in US v. Ali Sadr […]

Employment Law

Payroll Tax Order Causes More Problems Than It Solves

August 11, 2020 Oscar Michelen 1

This past Saturday, from the golf course, President Trump signed an executive order touted as a relief to employees from payroll tax. The order relieves employers from collecting the employees’ share of payroll tax. But issued without any guidance from the Treasury Department or the IRS, it raises many more issues than it purports to […]

Constitutional Law

Fed Judge Grants Qualified Immunity But Writes Powerful Decision Against It

August 6, 2020 Oscar Michelen 2

Federal Judge Carlton Reeves, of the Southern District of Mississippi, ruled that the doctrine of qualified immunity meant that a white police officer could not be sued for racially profiling and then terrorizing an innocent black man on the side of the road. Judge Reeves ruled that the law required the dismissal of the case […]

Entertainment Law

Joy Reid Loses Libel Suit but Big Loser Will Be Media

July 17, 2020 Oscar Michelen 0

Prominent MSNBC anchor Joy Reid lost a big appellate decision that will shape the rules of many cases involving free speech. Fighting this case made no sense and in the end it dealt a large blow to protections long relied upon by the media. Last week, the Second Circuit Court of Appeals reinstated libel claims from […]

Constitutional Law

In Another 5-4 SCOTUS Decision, Religious Schools Can Now Get Gov’t Funding

July 2, 2020 Oscar Michelen 0

This SCOTUS season is turning this into a full-time Supreme Court Blog which is not what it is supposed to be. But these past few decisions have been so important -not just for the decisions themselves, but as a window into this divided, politicized Court, that I wanted to write about them. In a huge […]

Constitutional Law

In Yet Another 5-4 decision SCOTUS Strikes Down Louisiana’s Restrictive Abortion Law

June 29, 2020 Oscar Michelen 2

Its been a heck of a SCOTUS term so far, with key rulings on Gay Rights; DACA and now abortion. This decision today in June Medical Services LLC v. Russo, is a great relief to supporters of women’s reproductive rights. Since the language of this law was nearly identical to the Texas law struck down […]

Constitutional Law

5-4 SCOTUS Upholds DACA: Admin Had No Right to Terminate Program

June 18, 2020 Oscar Michelen 0

Another day, another big loss for the Trump Administration and I would argue another great win for American society. In a 5-4 vote, with Chief Justice John Roberts joining the liberal wing of the Court to form a majority, the Supreme Court blocked the Trump administration from ending the Deferred Action for Childhood Arrivals (DACA) […]

Constitutional Law

SCOTUS Rules LGBTQ Workers Covered Under Civil Rights Act

June 15, 2020 Oscar Michelen 0

In a landmark ruling, the U.S. Supreme Court ruled that Title VII of the Civil Rights Act prohibits job discrimination on the basis of sexual orientation and transgender status, a major victory for advocates of gay rights; the transgender rights movement; and anyone who recognizes the invalidity of discrimination against any class of people on […]

Entertainment Law

Say What You Want About Lenny Dykstra . . . . I Mean It, NY Ct. Rules You Can’t Defame Him.

June 3, 2020 Oscar Michelen 0

The arc of Lenny “Nails” Dykstra’s life is like a roller coaster. Well at least that first part of the rollercoaster where you go up a huge hill, reach the top, and then speedily plummet to the bottom. Lenny’s hit so rock-bottom that recently a NY Judge ruled he is “libel-proof.” That is, his public […]

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Recent Posts

  • Fed Judge Rips DOJ After Brady Violations Cause Dismissal of Criminal Case September 17, 2020
  • Payroll Tax Order Causes More Problems Than It Solves August 11, 2020
  • Fed Judge Grants Qualified Immunity But Writes Powerful Decision Against It August 6, 2020
  • Joy Reid Loses Libel Suit but Big Loser Will Be Media July 17, 2020
  • In Another 5-4 SCOTUS Decision, Religious Schools Can Now Get Gov’t Funding July 2, 2020
  • In Yet Another 5-4 decision SCOTUS Strikes Down Louisiana’s Restrictive Abortion Law June 29, 2020
  • 5-4 SCOTUS Upholds DACA: Admin Had No Right to Terminate Program June 18, 2020

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