Is My Dog a Psychopath? What Predators May Tell Us About the Insanity Defense

SHERRY F. COLB

Cornell law professor Sherry F. Colb describes an incident where her dog “K” stalked and killed a rabbit, and she considers what criminal-law inferences we might draw from observing such predators’ behavior toward their prey. Colb ponders what distinguishes a dog who kills a rabbit from psychopaths who commit heinous crimes, noting that among humans, a so-called “moral imbecile” lacks conscience and empathy for others, and our society deems such individuals as deserving punishment.

Read More

Isaiah v. JPMorgan Chase Bank, N.A.

Docket: 17-15585

Opinion Date: June 1, 2020

Judge: Tjoflat

Areas of Law: Bankruptcy, Business Law

The court-appointed receiver filed suit against JPMC, seeking to recover funds that were fraudulently diverted from the Receivership Entities' bank accounts in connection with a Ponzi scheme. The complaint sought to avoid the fraudulent transfers and recover the diverted funds on behalf of the Receivership Entities under the Florida Uniform Fraudulent Transfer Act (FUFTA), and to collect damages from JPMC for JPMC's alleged aiding and abetting of three torts: breach of fiduciary duty, conversion, and fraud. The Eleventh Circuit affirmed the district court's dismissal of the complaint, holding that the receiver failed to state a claim under FUFTA because he failed to allege an applicable conveyance or fraudulent transfer. The court also held that the receiver lacked standing to assert, on behalf of the Receivership Entities, claims against JPMC for allegedly aiding and abetting the Ponzi schemers' breach of fiduciary duties, conversion, and fraud. Finally, the court noted that the district court did not abuse its discretion in staying discovery pending resolution of JPMC's motion to dismiss.

United States v. Andres

Docket: 19-10823

Opinion Date: June 1, 2020

Judge: Lagoa

Areas of Law: Criminal Law

The Eleventh Circuit affirmed defendant's convictions and sentence for distribution of methamphetamine, conspiracy to distribute methamphetamine, and possession of methamphetamine with intent to distribute. The court held that defendant failed to establish good cause sufficient to overcome the untimely filing of his motion to suppress. The court also held that the district court did not plainly err by denying defendant's motion to suppress where the officer had probable cause to stop defendant's vehicle for a traffic infraction because the vehicle was following too closely to another vehicle. Furthermore, the investigating officers' collective knowledge of the ongoing criminal investigation justified the stop of defendant's vehicle. Finally, the court held that there was no clear error in the district court's finding that defendant did not accept responsibility for purposes of USSG 3E1.1.