Legal Insight 2018/03/22 18:09
Nick Young and Jordan Clarkson were not scheduled to speak at Julius Randle’s wedding. It was an elegant affair, bathed in white roses to celebrate a love that began almost instantly when Randle met Kendra Shaw at a friend’s party in college.
The friend who introduced them spoke at the reception. A coach who grew to be like a brother to Randle spoke. So did some childhood friends.
Then Young and Clarkson, lubricated by wedding wine and the firm belief that the wedding guests expected their shenanigans, got an idea. They loved Randle. The people needed to hear them, they presumed. Together, they took the microphone.
Clarkson, then Randle’s teammate with the Lakers, declared he couldn’t stand Randle when they first met. Randle’s punishing style of play in high school irked Clarkson’s friends who played against him back in Texas. Just as Randle’s mother reared up to protect her sweet baby boy, Clarkson finished, saying as he got to know Randle as part of the same Lakers rookie class in 2014, he learned Randle would do anything for his friends and loved ones.
Legal Interview 2018/03/21 18:09
Lawyers for the state of Arkansas argued Friday that the state prison director has long had the power to determine a death row inmate's sanity and that now isn't the time to change the way it moves the prisoners closer to their executions.
The arguments came in the case of Jack Greene, whose November execution was halted by the Arkansas Supreme Court so it could review his attorneys' arguments that the state correction director, Wendy Kelley, should not be deciding whether he is competent enough to be executed.
Greene's lawyers say doctors have found Greene delusional but Kelley has chosen to rely on outdated assessments of Greene's mental health in determining whether he's eligible to be executed. Greene's lawyers also have argued that Kelley shouldn't be making the determination because her boss, Gov. Asa Hutchinson, sets execution dates.
In papers filed at the state Supreme Court on Friday, assistant attorney general Kathryn Henry wrote that states are entitled to set the guidelines for review, as long as there is a "basic fairness." She also claims that, under the Arkansas Constitution, Greene cannot sue Kelley.
While previous court decisions didn't define "basic fairness," the presumption is that an inmate who is sane at his trial is sane until his execution, Henry wrote. "Only after 'a substantial threshold showing of insanity'" can an inmate win a review — and that review can be "far less formal than a trial," she wrote.
Against his lawyers' advice, Greene has insisted in a number of venues that he is not insane. State lawyers say that is reason enough for justices to dissolve the stay that was issued shortly before Greene's scheduled execution last Nov. 9.
A week before the execution date, a circuit judge said she couldn't hold a hearing on Greene's competence because, under state law, Kelley had the "exclusive authority" to determine whether the inmate was sane enough to be executed. The Arkansas Supreme Court later voted 5-2 to issue a stay and take Greene's case for review, rejecting state arguments.
Legal Insight 2018/03/17 18:10
The U.S. Supreme Court is scheduled to hear arguments Wednesday on a lawsuit alleging partisan gerrymandering in the drawing of a Maryland congressional district. Eight years after the 2010 Census provided the basis for legislative redistricting, several other cases alleging unconstitutional gerrymandering in various states also are still working their way through the court system.
In Pennsylvania, a recent court ruling reshaped congressional districts for this year's elections. But many of the other cases could have a greater impact in the years to come. That's because they could set precedents that states must follow during the next round of redistricting after the 2020 Census.
Here's a look at some key redistricting cases ruled upon recently or still pending in courts: A federal court in November 2016 struck down Wisconsin's state Assembly districts enacted in 2011 by the Republican-led Legislature and Republican governor as an unconstitutional partisan gerrymander in violation of Democratic voters' rights to representation. The U.S. Supreme Court heard arguments in October 2017 and has yet to rule in the case. It could set a precedent for whether and how courts can determine if partisan gerrymandering is unconstitutional.
Legal Insight 2018/03/16 18:10
USCIS will reject and return the petitions and associated filing fees to petitioners that were not selected, as well as any cap-subject petitions received after Feb. 27.
In January, the Department of Labor announced a change to its process of issuing labor certifications. As a result, on Feb. 7 USCIS advised of the likely need to conduct an H-2B visa lottery for the second half of FY18. As was noted in that Feb. 7 statement, USCIS would be maintaining a flexible approach to this issue by ensuring H-2B visas were allocated fairly and would not exceed the cap.
USCIS continues to accept H-2B petitions that are exempt from, or not counted towards, the congressionally mandated cap. This includes petitions for the following workers:
•Current H-2B workers in the United States seeking to extend their stay and, if applicable, change the terms of their employment or change their employers;
•Fish roe processors, fish roe technicians, and/or supervisors of fish roe processing; and
•Workers performing labor or services in the Commonwealth of the Northern Mariana Islands and/or Guam, until Dec. 31, 2019.
H-2B petitioners may continue to request premium processing together with their H-2B petition. However, please note that because the final receipt date was one of the first five business days of the filing season, petitions accepted in the lottery will be given a receipt date of March 1, 2018. Premium processing service for these petitions began on that receipt date.
Lawyer Blog Post 2018/03/11 00:02
The developer of the Keystone XL pipeline doesn't have to reimburse attorneys who defended Nebraska landowners against the company's efforts to gain access to their land, the state Supreme Court ruled Friday.
The high court's ruling resolves a dispute that was triggered when TransCanada Inc. filed eminent domain lawsuits against 71 Nebraska landowners in 2015, only to drop them later amid uncertainty over whether the process it used was constitutional.
"We conclude that none of the landowners established that they were entitled to attorney fees," Chief Justice Michael Heavican wrote in the opinion.
Omaha attorney Dave Domina argued that TransCanada owes his clients about $350,000 to cover their attorney fees. Domina said the landowners clearly asked for representation in the eminent domain cases, and TransCanada should pay their attorney fees because the company effectively lost those cases.
A TransCanada attorney, James Powers, argued that the landowners failed to prove that they actually paid or were legally indebted to Domina or his law partner, Brian Jorde.
"We're pleased the Nebraska Supreme Court agreed with our legal position," Powers said Friday. Domina said he respected the decision but was disappointed for his clients.
Legal Business 2018/03/10 23:03
The smirk wiped from his face, a crying Martin Shkreli was sentenced to seven years in prison for securities fraud Friday in a hard fall for the pharmaceutical-industry bad boy vilified for jacking up the price of a lifesaving drug.
Shkreli, the boyish-looking, 34-year-old entrepreneur dubbed the "Pharma Bro" for his loutish behavior, was handed his punishment after a hearing in which he and his attorney struggled with limited success to make him a sympathetic figure
The defendant hung his head and choked up as he admitted to many mistakes and apologized to the investors he was convicted of defrauding. At one point, a clerk handed him a box of tissues.
"I want the people who came here today to support me to understand one thing: The only person to blame for me being here today is me," he said. "There is no conspiracy to take down Martin Shkreli. I took down Martin Shkreli."
In the end, U.S. District Judge Kiyo Matsumoto gave him a sentence that fell well short of the 15 years prosecutors wanted but was a lot longer than the 18 months his lawyer asked for. He was also fined $75,000.
He was found guilty in August of lying to investors in two failed hedged funds and cheating them out of millions. The case was unrelated to the 2015 furor in which he was accused of price-gouging, but his arrest was seen as rough justice by the many enemies he made with his smug and abrasive behavior online and off.
The judge insisted that the punishment was not about Shkreli's online antics or his raising the cost of the drug. "This case is not about Mr. Shkreli's self-cultivated public persona ... nor his controversial statements about politics or culture," Matsumoto said.
But she did say his conduct after the verdict made her doubt the sincerity of his remorse. She cited his bragging after the verdict that he would be sentenced to time served. And she quoted one piece of correspondence in which he wrote: "F--- the feds."
The judge ruled earlier that Shkreli would have to forfeit more than $7.3 million in a brokerage account and personal assets, including a one-of-a-kind Wu-Tang Clan album that he boasted of buying for $2 million.
Defense attorney Benjamin Brafman described Shkreli as a misunderstood eccentric who used unconventional means to make his defrauded investors even wealthier. He told the court that he sometimes wants to hug Shkreli and sometimes wants to punch him , but that his outspokenness shouldn't be held against him.