Legal Business 2020/05/15 13:21
A proposal striking at the proliferation of TV, radio and billboard ads blanketing Louisiana is headed to the state House for debate after winning support from senators Thursday.
Sen. Heather Cloud’s bill would declare as false or misleading those lawyer ads in which a person claims to have received the full amount of a settlement or judgment. Instead, the ads would have to disclose how much was deducted for attorney fees, expert witness fees, court costs and any other expenses related to the litigation.
Advertisements deemed to be deceptive could be prosecuted as an unfair trade practice violation.
Cloud, a Republican from Turkey Creek, said lawyers are making false promises of big payouts, encouraging people to file lawsuits against businesses. But she said people who file the lawsuits only get a small slice of the money from the judgments and settlements in most instances.
Legal Business 2020/05/03 14:24
The Supreme Court sidestepped a major decision on gun rights Monday in a dispute over New York City’s former ban on transporting guns.
The justices threw out a challenge from gun rights groups, including the National Rifle Association’s New York affiliate. The court ruled that the city’s move to ease restrictions on taking licensed, locked and unloaded guns outside the city limits, coupled with a change in state law to prevent New York from reviving the ban, left the court with nothing to decide. The court asked a lower court to consider whether the city’s new rules still pose problems for gun owners.
The anticlimactic end to the Supreme Court case is a disappointment to gun rights advocates and relief to gun control groups who thought a conservative Supreme Court majority fortified by two appointees of President Donald Trump, Justices Neil Gorsuch and Brett Kavanaugh, might use the case to expand on landmark decisions from a decade ago that established a right under the Second Amendment to keep a gun at home for self-defense.
But other guns cases remain in the high court’s pipeline, including whether gun owners have a constitutional right to carry their weapons in public. Later Monday, the justices scheduled 10 cases involving gun restrictions in California, Illinois, Maryland, Massachusetts and New Jersey, for possible discussion during their private telephone conference on Friday. The court could decide to hear one or more of those next term.
Although the opinion was unsigned, the court split 6-3 over the outcome. Gorsuch joined Justices Samuel Alito and Clarence Thomas in dissenting from the dismissal. Kavanaugh wrote a brief concurring opinion in which he agreed with the result, but also said the court should take up another guns case soon.
Legal Business 2020/04/24 13:26
A preliminary hearing opened Friday at Britain’s High Court in the Duchess of Sussex’s legal action against a British newspaper that published what she describes as a “private and confidential” letter she wrote to her father.
Meghan is suing the Mail on Sunday and its parent company, Associated Newspapers, for publishing parts of an August 2018 letter she wrote to Thomas Markle. The civil lawsuit accuses the newspaper of copyright infringement, misuse of private information and violating the U.K.’s data protection law.
Associated Newspapers published sections of the letter in February last year. It denies the allegations — particularly the claim that the letter was presented in a way that changed its meaning. Lawyers for Associated Newspapers want the court to strike out parts of Meghan’s case ahead of a full trial, arguing that allegations of “dishonesty and malicious intent” should not form part of her case.
As the hearing opened via video conferencing, Anthony White, a lawyer representing the publisher, told the judge that lawyers for Meghan had made “further assertions of improper, deliberate conduct,” and that she accused the publisher of “harassing, humiliating, manipulating and exploiting” Thomas Markle.
White rejected the duchess’s allegations that the publisher had deliberately sought to “manufacture or stoke a family dispute for the sake of having a good story or stories to publish.” He said this was “irrelevant to the claim for misuse of private information”, and asked the judge to strike out that allegation.
Legal Business 2020/04/15 23:23
A leading Democratic super PAC has promised it will tangle in court with President Donald Trump’s reelection campaign to keep airing television ads the Republican president is trying to keep off the airwaves.
Priorities USA Action chief Guy Cecil said Thursday that his group will intervene as a defendant in a lawsuit that Trump’s campaign filed in Wisconsin state court to block a local NBC affiliate from airing one of the super PAC’s ads that blasts the president’s response to the coronavirus pandemic.
“The Trump campaign is trying to railroad a TV station into censorship of ads critical of the president, and we will not let that stand,” Cecil said. “We stand by the facts in the ad and will defend it in court if necessary.”
The lawsuit, filed against WJFW-TV, an NBC affiliate in northern Wisconsin, sets up a notable battle between Trump’s financially flush reelection campaign and one of the biggest spending groups in Democratic politics. Priorities USA has spent much of Trump’s term researching voters’ views in key battleground states, including Wisconsin, that delivered Trump his Electoral College victory in 2016, and the PAC has committed to an extended television and digital advertising campaign to potential swing voters in those states.
The ad in question pieces together audio clips of the president downplaying the threat posed by the COVID-19 virus, while a chart that is splashed across the screen gradually begins to shoot upward as cases of the virus skyrocketed across the nation.
Legal Business 2020/04/09 11:53
The coronavirus pandemic has crippled the U.S. legal system, creating constitutional dilemmas as the accused miss their days in court. The public health crisis could build a legal backlog that overwhelms courts across the country, leaving some defendants behind bars longer, and forcing prosecutors to decide which cases to pursue and which to let slide.
“Everybody is scrambling. Nobody really knows how to handle this,” said Claudia Lagos, a criminal defense attorney in Boston.
Judges from California to Maine have postponed trials and nearly all in-person hearings to keep crowds from packing courthouses. Trials that were underway ? like the high-profile case against multimillionaire real estate heir Robert Durst ? have been halted. Some chief judges have suspended grand juries, rendering new indictments impossible. Other have allowed them to sit, though six feet apart.
Prosecutors may have to abandon some low-level cases to keep people from flooding into the legal system.
Many judges are holding hearings by phone or video chat to keep all cases from grinding to a halt. Other courts are stymied by outdated technology. The clerk for the the 9th U.S. Circuit Court of Appeals, Molly Dwyer, likened the logistical challenges to “building the bike as we ride it.”
Judges have asked for emergency powers to delay trials longer than the law generally allows and extend key deadlines, like when a defendant must initially appear in court.
Legal Business 2020/04/02 11:56
Voters in Wisconsin will face a choice Tuesday of participating in a presidential primary election or heeding warnings from public health officials to stay away from large crowds during the coronavirus pandemic.
Hours after Democratic Gov. Tony Evers issued an order postponing the election for two months, the conservative-controlled Wisconsin Supreme Court on Monday sided with Republicans who said he didn’t have the authority to reschedule the race on his own. Conservative justices on the U.S. Supreme Court quickly followed with a ruling blocking Democratic efforts to extend absentee voting.
The decisions leave Wisconsin as the only state with an election scheduled in April that is proceeding as planned. As other states prepare to vote in May or June, Wisconsin will be closely watched for signs that fears of the coronavirus may depress turnout or cause other problems at the polls.
Evers said he had no other options after the state court ruled against him. “There’s not a Plan B. There’s not a Plan C,” Evers said earlier Monday.
Joe Biden already has a commanding delegate lead over Bernie Sanders and the Wisconsin results aren’t likely to slow his march to the Democratic presidential nomination. But the tumult in one of the most critical general election battlegrounds was a reminder of how the coronavirus has upended politics during an election year. Beyond the shifts in the primary calendar, Biden and President Donald Trump have not been able to hold in-person campaign events and have moved most of their operations online. Sanders called Tuesday’s election “dangerous” and said his campaign will not engage in any traditional get-out-the-vote efforts.
The tension in Wisconsin over whether and how to proceed with the election has been building for weeks. Evers and Republicans initially agreed it was imperative for the election to proceed because thousands of local offices are on the ballot Tuesday for terms that begin in two weeks. There is also a state Supreme Court election.