Judge strikes down portions of Michigan towing law

Legal Business 2021/02/24 09:41   Bookmark and Share
A judge has struck down portions of a Michigan towing law after low-income Detroit residents shared extraordinary stories of high fees and frustration about the whereabouts of their vehicles.

The case centered on the practices of Detroit police and a towing company. The decision by U.S. District Judge Judith Levy could force changes in a law that’s viewed as favorable to the towing industry.

Levy last week ordered Detroit to notify the state within 24 hours after police call for a vehicle to be towed. That information typically triggers a notice to the car owner.

There was no maximum deadline to report a towed vehicle under the law, attorney Jason Katz said Wednesday.

Vehicle owners also can ask a local court to suspend the immediate payment of towing and storage fees before they get a hearing to object to a car’s impoundment, the judge said.

“You have an opportunity to get into court and fight it,” Katz said. “I don’t think first asking for $1,000 is fair.”

Gerald Grays believed his car was stolen in 2016. More than two years later, he finally learned that his car had been towed. He was told he would have to pay $930 just to get a hearing in 36th District Court, according to the lawsuit.

Levy ordered Detroit to pay $2,000 to Grays and $1,500 each to two more people. There was no immediate comment from the city Wednesday.

While the case only involved Detroit, Levy’s decision could be applied elsewhere in Michigan, Katz said.

State attorneys defended the law when Republican Bill Schuette was attorney general but dropped out of the case after Democrat Dana Nessel took office in 2019.
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Supreme Court ends Trump emoluments lawsuits

Legal Business 2021/01/23 13:15   Bookmark and Share
The Supreme Court on Monday brought an end to lawsuits over whether Donald Trump illegally profited off his presidency, saying the cases are moot now that Trump is no longer in office.

The high court’s action was the first in an expected steady stream of orders and rulings on pending lawsuits involving Trump now that his presidency has ended. Some orders may result in dismissals of cases since Trump is no longer president. In other cases, proceedings that had been delayed because Trump was in the White House could resume and their pace even quicken.

The justices threw out Trump’s challenge to lower court rulings that had allowed lawsuits to go forward alleging that he violated the Constitution’s emoluments clause by accepting payments from foreign and domestic officials who stay at the Trump International Hotel and patronize other businesses owned by the former president and his family.

The high court also ordered the lower court rulings thrown out as well and directed appeals courts in New York and Richmond, Virginia, to dismiss the suits as moot now that Trump is no longer in office.

The outcome leaves no appellate court opinions on the books in an area of the law that has been rarely explored in U.S. history.

The cases involved suits filed by Maryland and the District of Columbia, and high-end restaurants and hotels in New York and Washington, D.C., that “found themselves in the unenviable position of having to compete with businesses owned by the President of the United States.”

The suits sought financial records showing how much state and foreign governments have paid the Trump Organization to stay and eat at Trump-owned properties.

The cases never reached the point where any records had to be turned over. But Karl Racine and Brian Frosh, the attorneys general of Washington, D.C., and Maryland, respectively, said in a joint statement that a ruling by a federal judge in Maryland that went against Trump “will serve as precedent that will help stop anyone else from using the presidency or other federal office for personal financial gain the way that President Trump has over the past four years.”

Other cases involving Trump remain before the Supreme Court, or in lower courts.

Trump is trying to block the Manhattan district attorney ’s enforcement of a subpoena for his tax returns, part of a criminal investigation into the president and his businesses. Lower courts are weighing congressional subpoenas for Trump’s financial records. And the justices also have before them Trump’s appeal of a decision forbidding him from blocking critics on his Twitter account. Like the emoluments cases, Trump’s appeal would seem to be moot now that he is out of office and also had his Twitter account suspended.

Republican senators and some legal scholars have said that Trump’s impeachment trial in the Senate cannot proceed now that he is once again a private citizen. But many scholars have said that Trump’s return to private life poses no impediment to an impeachment trial.
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High court to decide whether Nazi art case stays in US court

Legal Business 2020/12/06 16:15   Bookmark and Share
Jed Leiber was an adult before he learned that his family was once part-owner of a collection of centuries-old religious artworks now said to be worth at least $250 million.

Over a steak dinner at a New York City restaurant in the 1990s he had asked his mother about his grandfather, a prominent art dealer who fled Germany after Adolf Hitler came to power. “What was grandpa most proud of in his business?” he asked.

“He was very, very proud to have acquired the Guelph Treasure, and then was forced to sell it to the Nazis,” she told him. That conversation set Leiber, of West Hollywood, California, on a decadeslong mission to reclaim some 40 pieces of the Guelph Treasure on display in a Berlin museum. It’s a pursuit that has now landed him at the Supreme Court, in a case to be argued Monday.

For centuries, the collection, called the Welfenschatz in German, was owned by German royalty. It includes elaborate containers used to store Christian relics; small, intricate altars and ornate crosses. Many are silver or gold and decorated with gems.

In 2015, Leiber’s quest for the collection led to a lawsuit against Germany and the the Prussian Cultural Heritage Foundation. The state-run foundation owns the collection and runs Berlin’s Museum of Decorative Arts, where the collection is housed. Germany and the foundation asked the trial-level court to dismiss the suit, but the court declined. An appeals court also kept the suit alive.

Now, the Supreme Court, which has been hearing arguments by telephone because of the coronavirus pandemic, will weigh in. A separate case involving Hungarian Holocaust victims is being heard the same day.

At this point, the Guelph Treasure case is not about whether Leiber’s grandfather and the two other Frankfurt art dealer firms that joined to purchase the collection in 1929 were forced to sell it, a claim Germany and the foundation dispute. It’s just about whether Leiber and two other heirs of those dealers, New Mexico resident Alan Philipp and London resident Gerald Stiebel, can continue seeking the objects’ return in U.S. courts.

In a statement, Hermann Parzinger, president of the Prussian Cultural Heritage Foundation, argued that the suit should be dismissed. The foundation and Germany have the Trump administration’s support.
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Republicans face court setbacks, Trump law firm steps down

Legal Business 2020/11/13 00:57   Bookmark and Share
Republicans suffered setbacks to court challenges over the presidential election in three battleground states on Friday while a law firm that came under fire for its work for President Donald Trump’s campaign withdrew from a major Pennsylvania case.

The legal blows began when a federal appeals court rejected an effort to block about 9,300 mail-in ballots that arrived after Election Day in Pennsylvania. The judges noted the “vast disruption” and “unprecedented challenges” facing the nation during the COVID-19 pandemic as they upheld the three-day extension.

Chief U.S. Circuit Judge D. Brooks Smith said the panel kept in mind “a proposition indisputable in our democratic process: that the lawfully cast vote of every citizen must count.”

The ruling involves a Pennsylvania Supreme Court decision to accept mail-in ballots through Friday, Nov. 6, citing the pandemic and concerns about postal service delays.

Republicans have also asked the U.S. Supreme Court to review the issue. However, there are not enough late-arriving ballots to change the results in Pennsylvania, given President-elect Joe Biden’s lead. The Democratic former vice president won the state by about 60,000 votes out of about 6.8 million cast.

The Trump campaign or Republican surrogates have filed more than 15 legal challenges in Pennsylvania as they seek to reclaim the state’s 20 electoral votes, but have so far offered no evidence of any widespread voter fraud.

A Philadelphia judge found none as he refused late Friday to reject about 8,300 mail-in ballots there. The campaign has pursued similar litigation in other battleground states, with little to show for it.

In Michigan, a judge Friday refused to stop the certification of Detroit-area election results, rejecting claims the city had committed fraud and tainted the count with its handling of absentee ballots. It’s the third time a judge has declined to intervene in a statewide count that shows Biden up by more than 140,000 votes.

And, in Arizona, a judge dismissed a Trump campaign lawsuit seeking the inspection of ballots in metro Phoenix after the campaign’s lawyers acknowledged the small number of ballots at issue wouldn’t change the outcome of how the state voted for president.

The campaign had sought a postponement of Maricopa County’s certification of election results until ballots containing overvotes ? instances in which people voted for more candidates than permitted ? were inspected.

Meanwhile, legal giant Porter Wright Morris & Arthur, which had come under fire for its work for the Trump campaign, withdrew from a lawsuit that seeks to stop Pennsylvania officials from certifying the election results.
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Trump, Biden lawyer up, brace for White House legal battle

Legal Business 2020/10/24 21:38   Bookmark and Share
President Donald Trump’s and Democratic rival Joe Biden’s campaigns are assembling armies of powerful lawyers for the possibility that the race for the White House is decided not at the ballot box but in court.

They have been engaging in a lawyer’s version of tabletop war games, churning out draft pleadings, briefs and memos to cover scenarios that read like the stuff of a law school hypothetical more than a real-life case in a democracy.

Attorneys for the Republicans and the Democrats are already clashing in courts across the U.S. over mailed-in ballot deadlines and other issues brought on by the coronavirus pandemic. And as Trump tries to sow doubt in the legitimacy of the Nov. 3 election, both sides have built massive legal operations readying for a bitterly disputed race that lands at the Supreme Court.

“We’ve been preparing for this for well over a year,” Republican National Committee Chief Counsel Justin Riemer told The Associated Press. “We’ve been working with the campaign on our strategy for recount preparation, for Election Day operations and our litigation strategy.”

On the Democratic side, the Biden campaign’s election protection program includes a special national litigation team involving hundreds of lawyers led by Walter Dellinger, acting solicitor general in the Clinton administration, and Donald Verrilli, a solicitor general under President Barack Obama, among others. Bob Bauer, a former White House counsel to Obama, and Biden campaign general counsel Dana Remus are focused on protecting the rights of voters, who have been enduring long lines at polling places around the country on the belief that the presidential election will be decided by their ballots.

Both sides are informed by the experience of the 2000 election, which was ultimately decided by the Supreme Court in Bush v. Gore. But this year, because Trump has pushed unsubstantiated claims about the potential for voter fraud with increased voting by mail, sowing doubt about the integrity of the result, lawyers are preparing for a return trip before the high court.
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Girl appeals Slender Man stabbing to Wisconsin Supreme Court

Legal Business 2020/09/12 10:28   Bookmark and Share
One of two girls convicted of stabbing a classmate to please the horror character Slender Man asked the Wisconsin Supreme Court on Friday to rule that the case should have been tried in juvenile court.

Morgan Geyser and Anisa Weier attacked their friend, Payton Leutner, in a Waukesha County park following a sleepover in 2014. Geyser stabbed Leutner 19 times, as Weier encouraged her, leaving the girl to die. All three girls were 12 at the time.

Leutner survived the attack. Geyser pleaded guilty to attempted first-degree intentional homicide in adult court in a deal with prosecutors to avoid prison. She was found not guilty by reason of mental disease or defect. Weier pleaded guilty to attempted second-degree intentional homicide in adult court. She was also found not guilty by reason of mental disease or defect.

Geyser was ordered to spend 40 years in a mental health institution, and Weier was committed to one for 25 years. Geyser’s attorney, Matthew Pinx, argued in his petition to the Wisconsin Supreme Court on Friday that Geyser thought she had to kill Lautner or Slender Man would kill her or kill her family. She was acting in self-defense and should have been charged with attempted second-degree intentional homicide in juvenile court, Pinx argued.

He also maintained that Geyser gave statements to detectives before she was read her rights, and she couldn’t really understand what rights she gave up when she agreed to speak alone with a detective while she was in custody and confessed to the stabbing.

The state Department of Justice is defending Geyser’s conviction. Department spokeswoman Gillian Drummond had no immediate comment. Last month, the 2nd District Court of Appeals rejected  the argument that Geyser’s case was overcharged and belonged in juvenile court.
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