Ohio court won't hear case in seizure of exotic animals

Court News 2017/10/21 19:03   Bookmark and Share
Another court has dealt a blow to an Ohio man who is trying to get his six tigers and several other exotic animals back from the state.

The Ohio Supreme Court earlier this month said it would not hear an appeal in the case involving the owner of a roadside animal sanctuary near Toledo.

Ohio took custody of 11 animals from Kenny Hetrick in January 2015 after officials say he ignored warnings that he needed a permit.

Hetrick argues he was treated differently than other exotic animal owners and has asked the courts to force the state to give him a permit and return the animals.

The tigers, bear, leopard and cougar are now being kept in out-of-state sanctuaries during the state's appeal.

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Washington Supreme Court to hear education funding case

Lawyer Blog Post 2017/10/20 19:03   Bookmark and Share
The Washington state Supreme Court is set to hear argument on whether the state has met its constitutional requirement to fully fund K-12 education.

Tuesday morning's hearing is on whether the state should still be held in contempt for lack of progress on satisfying a 2012 ruling that found that school funding was not adequate. Lawmakers needed a funded plan in place this year ahead of a Sept. 1, 2018 deadline the court had set.

The plan approved and signed by Gov. Jay Inslee earlier this year relies largely on an increase to the statewide property tax that starts next year. The tax increases from $1.89 to $2.70 per $1,000 of assessed value, with the increase earmarked for education. The plan — which keeps in place local property tax levies but caps them beginning in 2019 at a lower level— will ultimately raise property taxes for some districts and lower them in others.
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Court gives government a win in young immigrants' cases

Legal Insight 2017/10/20 19:02   Bookmark and Share
A federal appeals court handed the U.S. government a victory Tuesday in its fight against lawsuits opposing a decision to end a program protecting some young immigrants from deportation.

The 2nd U.S. Circuit Court of Appeals in Manhattan directed Brooklyn judges to expeditiously decide if a court can properly review the decision to end in March the Deferred Action for Childhood Arrivals program, or DACA. The government insists it cannot.

Activists are suing the government in New York, California, the District of Columbia and Maryland. DACA has protected about 800,000 people, many of them currently in college, who were brought to the U.S. illegally as children or came with families that overstayed visas.

A three-judge 2nd Circuit panel issued a brief order after hearing oral arguments. It said the government will not have to continue to produce documents or submit to depositions before the lower court decides whether the cases can proceed. It also said it will only decide the issue of whether to order the lower court to limit document production once those issues are addressed.

Attorney Michael Wishnie, who argued for plaintiffs suing the government, praised the appeals court for having "moved swiftly to address the government filings in this case."

And he noted that a Brooklyn judge gave the government until Friday to submit written arguments on the legal issues the appeals court said must be resolved before the case proceeds. The plaintiffs must submit their arguments by Nov. 1.

Earlier Tuesday, Deputy Assistant Attorney General Hashim M. Mooppan told the appeals court panel the government planned to ask the Brooklyn federal court by early next week to dismiss the lawsuits.

He said lawyers fighting the government were engaging in a "massive fishing expedition" for documents and testimony that would reveal the deliberative processes at the highest levels of the Department of Homeland Security and the Justice Department. He called it "wholly improper."

Mooppan seemed to get a sympathetic ear from appeals judges, with one of them saying the government's opponents seemed to be pursuing "a disguised application under the Freedom of Information Act."

"There are a lot of different ways this is very wrong, your honor. That might be one of them," Mooppan said.
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Court, for now, blocks immigrant teen's access to abortion

Court News 2017/10/19 19:03   Bookmark and Share
An appeals court is blocking, for now, an abortion sought by a pregnant 17-year-old immigrant being held in a Texas facility, ruling that the government should have time to try to release her so she can obtain the abortion outside of federal custody.

A three-judge panel of the U.S. Court of Appeals for the District of Columbia issued its ruling Friday hours after arguments from lawyers for the Trump administration and the teenager. The court ruled 2-1 that the government should have until Oct. 31 to release the girl into the custody of a sponsor, such as an adult relative in the United States. If that happens, she could obtain an abortion if she chooses. If she isn't released, the case can go back to court.

The judge who dissented wrote that the court's ruling means the teen will be forced to continue an unwanted pregnancy for "multiple more weeks."

The teen, whose name and country of origin have been withheld because she's a minor, is 15 weeks pregnant. She entered the U.S. in September and learned she was pregnant while in custody in Texas.

She obtained a court order Sept. 25 permitting her to have an abortion. But federal officials have refused to transport her or temporarily release her so that others may take her to have an abortion. A lower federal court ruled that she should be able to obtain an abortion Friday or Saturday, but the government appealed.

Federal health officials said in a statement that for "however much time" they are given they "will protect the well-being of this minor and all children and their babies" in their facilities.

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Supreme Court refuses to hear Kentucky foster care case

Legal Insight 2017/10/15 19:05   Bookmark and Share
The U.S. Supreme Court has refused to hear a case involving a growing number of Kentucky relatives providing free foster care for children.

The result is that Kentucky must begin paying those relatives the same as they do licensed foster families, news outlets report.

The nation's high court on Tuesday refused to hear an appeal from the Kentucky Cabinet for Health and Family Services. The cabinet was seeking to overturn a ruling earlier this year by the 6th U.S. Circuit Court of Appeals that said the state must pay relatives who take in foster children.

The case revolved around a lawsuit filed by Lexington lawyer Richard Dawahare on behalf of a great-aunt who took in two young boys but was denied foster payments from the state.

"We have won, our clients have won and it's a big deal," Dawahare said. "Right now, the relatives are entitled and they need to make their claim."

A cabinet spokesman didn't immediately respond to a request for comment.

The news will be celebrated by many relatives across Kentucky caring for children but not eligible for daily payments even as licensed foster parents are paid a base rate of about $25 a day or $750 a month.

Among them is Kimberly Guffy of Russellville, Kentucky, who said she and her husband have been caring for two small grandchildren for more than three years with no foster care help from the cabinet.

"The days of the cabinet's reliance on relatives to balance its budget are over," she told The Courier-Journal.

Guffy said she didn't hesitate to take in the children, one a newborn and the other a 16-month-old, but it has been a struggle, especially for the first year when child care costs reached $10,000.

The cabinet has since agreed to assist with child care costs but refused foster payments. Social workers at one point told her that if the family couldn't afford to care for the children, they would be placed in a foster home.

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Court weighing whether graffiti mecca was protected by law

Legal Business 2017/10/11 19:03   Bookmark and Share
For two decades, Jerry Wolkoff let graffiti artists use his crumbling Queens warehouse complex as a canvas for their vibrant works. Artists gave the spot the name "5Pointz" — a place where all five New York City boroughs come together — but painters traveled from as far as Japan and Brazil to tag, bomb and burn at what became a graffiti mecca and a tourist destination.

But like most graffiti, it didn't last. Wolkoff whitewashed the building in 2013 then tore it down to build luxury apartment towers.

Four years later, some of the artists whose work was destroyed are in court, arguing that even though the building belonged to Wolkoff, the art was protected by federal law.

A trial that started Tuesday at a federal court in Brooklyn will determine whether the artists should be compensated for the lost work.

More than 20 artists sued Wolkoff under the Visual Artists Rights Act, or VARA, a 1990 federal statute that protects artists' rights even if someone else owns the physical artwork.

A trial that started Tuesday at a federal court in Brooklyn will determine whether the artists should be compensated for the lost work.

More than 20 artists sued Wolkoff under the Visual Artists Rights Act, or VARA, a 1990 federal statute that protects artists' rights even if someone else owns the physical artwork.

Barry Werbin, an attorney specializing in intellectual property, said the case is significant because no lawsuit under the statute has been tried by a jury before.
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