Federal judge leaves CDC evictions moratorium in place

Court News 2021/08/13 10:20   Bookmark and Share
A federal judge is refusing landlords’ request to put the Biden administration’s new eviction moratorium on hold, though she made clear she thinks it’s illegal.

U.S. District Judge Dabney Friedrich on Friday said her “hands are tied” by an appellate ruling the last time courts considered the evictions moratorium in the spring.

Alabama landlords who are challenging the moratorium are likely to appeal.

Friedrich wrote that the new temporary ban on evictions the Centers for Disease Control and Prevention imposed last week is substantially similar to the version she ruled was illegal in May. At the time, Freidrich put her ruling on hold to allow the administration to appeal.

This time, she said, she is bound to follow a ruling from the appeals court that sits above her, the U.S. Court of Appeals for the District of Columbia Circuit.

If the D.C. Circuit doesn’t give the landlords what they want, they are expected to seek Supreme Court involvement.

In late June, the high court refused by a 5-4 vote to allow evictions to resume. Justice Brett Kavanaugh, part of the slim majority, said he agreed with Friedrich, but was voting to keep the moratorium in place because it was set to expire at the end of July.

Kavanaugh said then that he would reject any additional extension without clear authorization from Congress, which has not been able to take action.

In discussing the new moratorium last week, President Joe Biden acknowledged there were questions about its legality, but said a court fight over the new CDC order would buy time for the distribution of some of the $45 billion in rental assistance that has been approved but not yet used.
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Court tosses ruling against Pennsylvania COVID-19 measures

Court News 2021/08/11 11:20   Bookmark and Share
A federal appeals court has dismissed a judge’s ruling that threw out Gov. Tom Wolf’s sweeping COVID-19 restrictions, saying the issue is now moot because statewide mitigation measures have expired and Pennsylvania voters have since constrained a governor’s emergency powers.

The 3rd U.S. Circuit Court of Appeals ruled that since Wolf’s stay-at-home order, limits on crowd size and business closures are no longer in effect, there is “consequently no relief that this court can grant.”

The Philadelphia-based appeals court also noted that Pennsylvania voters in May approved amendments to the state constitution that give lawmakers much more power over disaster declarations.

The appeals court’s order instructed U.S. District Judge William Stickman IV to vacate his nearly year-old ruling that Wolf’s pandemic restrictions were overreaching and arbitrary and violated citizens’ constitutional rights. The appeals court had previously put the ruling on hold while the Wolf administration appealed.

Stickman, who was appointed by former President Donald Trump, had sided with plaintiffs that included hair salons, drive-in movie theaters, a farmer’s market vendor, a horse trainer and several Republican officeholders in their lawsuit against Wolf, a Democrat, and his health secretary.

Writing separately, 3rd Circuit Judge Kent Jordan said that while he agreed with the majority that the case is legally moot, he noted the Wolf administration has said the constitutional amendments do not affect a state health secretary’s disease-prevention authority to issue mask-wearing and stay-at-home orders or shut down schools and nonessential businesses.

At the same time, Wolf administration officials have said they have no intention of restoring such statewide mitigation measures, even as the highly contagious delta variant of the coronavirus has led to sharply rising infections and hospitalizations.
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Order: Mississippi judges have discretion for COVID safety

Court News 2021/08/09 11:54   Bookmark and Share
Mississippi judges have the power to delay trials, limit the number of spectators in courtrooms or take other steps to try to slow the spread of COVID-19, the leader of the state Supreme Court says in an emergency order.

Chief Justice Michael Randolph issued the order Thursday in response to the rapid spread of illness caused by highly contagious delta variant of the virus.

Mississippi has one of the lowest COVID-19 vaccination rates in the nation, and the state health officer, Dr. Thomas Dobbs, said Friday that 97% of new cases of COVID-19 in Mississippi are among people who are unvaccinated.

Randolph’s order said judges may postpone jury trials that are scheduled through Sept. 10. In addition to limiting the number of spectators in courtrooms, judges may require people to wear masks and maintain distance between each other. The order encouraged courts to use teleconferencing and videoconferencing, when possible.

Plea hearings in felony cases must still take place in person, but defendants and others in the courtrooms should wear masks and maintain social distancing.

“Any in-person proceedings shall be limited to attorneys, parties, witnesses, security officers, members of the press and other necessary persons, as determined by the trial judge,” Randolph wrote.
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Legal Online Reputation Management by Law Promo

Court News 2021/08/02 11:23   Bookmark and Share
If you’re an attorney, especially one who works in high-profile cases, there are things you want to appear on search engines and things you don’t want to appear on search engines.

Of course, your website needs to be easily accessible. You’ll want to build a reputation to bring in a large clientele. However, if you have a bad reputation it can be tough to recover from, so you’ll want a professional who will help you build up your reputation in a positive light. But you also want to improve the visibility of your achievements in headline cases and lessen the appearance of unfavorable results and negative connotations.


Read more.
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Social Media Marketing by Law Promo

Lawyer Blog Post 2021/07/30 15:01   Bookmark and Share
Social media can be a vital resource in marketing your law firm. More than a means of simply promoting your firm’s name, social media allows you to reach clients in an innovative way.

Almost every client that will come to you will have one type of social media they keep up to date with. Think about how many prospective clients you can convert into committed clients by having a social media presence and connecting with them.

Social media success requires refreshing content and community involvement. You’ll want to constantly pump out useful and helpful information and share news with your audience.

Read more.

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40-year sentence upheld for man who killed his roommate

Attorney News 2021/07/24 10:25   Bookmark and Share
Maine’s supreme court has upheld a 40-year prison sentence imposed on a man who killed his roommate in Old Orchard Beach.

Dustan Bentley pleaded guilty to murder in the death of 65-year-old William Popplewell, who was beaten, stabbed and strangled with a ligature.

Police arrested Bentley as he was attempting to use a ratchet and strap to pull the body into the trunk of his car, which was lined with a shower curtain. An autopsy revealed the victim suffered multiple broken bones and had been stabbed up to 30 times.

The Maine Supreme Judicial Court unanimously ruled that there was nothing in the record to indicate that the judge made a mistake.

“At no point did the court depart from sentencing principles or abuse its discretion in coming to or issuing its sentence,” the court said.

Bentley and Popplewell met at a Portland homeless shelter, and Bentley later moved into Popplewell’s apartment in Old Orchard Beach in December 2018. Popplewell was killed in March 2019.
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