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Court: Dismissal of cop's Black Lives Matter lawsuit is just
Attorney News | 2018/08/15 15:43
A federal appeals court says a Louisiana court rightly dismissed a deputy's lawsuit accusing Black Lives Matter and several leaders of inciting violence that led to a deadly 2016 attack on law enforcement officers.

The Advocate reports a three-judge panel of the 5th U.S. Circuit Court of Appeals in New Orleans unanimously supported the lower court's ruling Wednesday. A judge found last year that the lawsuit failed to state a plausible claim for relief.

The suit doesn't name the officer but its description of the plaintiff matches East Baton Rouge Parish Sheriff's Deputy Nicholas Tullier, who was critically wounded by 29-year-old Gavin Long. Long killed three law enforcement officers and was later gunned down by authorities.

The attack occurred less than two weeks after a white Baton Rouge officer killed 37-year-old black man Alton Sterling during a struggle.


With scant record, Supreme Court nominee elusive on abortion
Attorney News | 2018/08/02 09:04
Twice in the past year, Brett Kavanaugh offered glimpses of his position on abortion that strongly suggest he would vote to support restrictions if confirmed to the Supreme Court.

One was in a dissent in the case of a 17-year-old migrant seeking to terminate her pregnancy. The other was a speech before a conservative group in which he spoke admiringly of Justice William Rehnquist's dissent in the 1973 Roe v. Wade case that established a woman's right to abortion.

Yet the big question about Kavanaugh's view on abortion remains unanswered: whether he would vote to overturn Roe. He'll almost certainly decline to answer when he is asked directly at his confirmation hearing. Decades of Kavanaugh's writings, speeches and judicial opinions, reviewed by The Associated Press, reveal a sparse record on abortion.

That leaves the migrant case, known as Garza v. Hargan, and the Rehnquist speech as focal points for anti-abortion activists who back President Donald Trump's nominee and for abortion rights advocates who say Kavanaugh has provided ample clues to justify their worst fears.

"This is the rhetoric from the anti-abortion groups being used by a potential Supreme Court justice, and that really gives us pause," said Jacqueline Ayers, the national director of legislative affairs for Planned Parenthood Federation of America.

Democrats have been casting Kavanaugh as a threat to abortion rights as they face the difficult task of blocking his nomination in a Senate where Republicans hold a narrow majority. Kavanaugh's views on other issues, such as the reach of presidential powers, will also be part of a confirmation fight. But abortion is perpetually a contentious issue for court nominees, and the stakes are particularly high this time since Kavanaugh would be replacing the moderate Justice Anthony Kennedy, who has voted to uphold abortion rights.



Iowa woman promoted to nation's lone all-male Supreme Court
Attorney News | 2018/08/01 09:05
Republican Gov. Kim Reynolds on Wednesday promoted a female district judge to the Supreme Court in Iowa, the only state where all of its current justices are men.

Susan Christensen will be the first woman on Iowa's high court in roughly eight years. The appointment doesn't require confirmation by lawmakers for Christensen to take the bench.

During brief remarks from her formal office at the state Capitol, Reynolds praised Christensen's background, which most recently includes being a district court judge in the Fourth Judicial District in southwest Iowa. She previously worked as an assistant county attorney and a district associate judge.

Reynolds prefaced Christensen's announcement by saying that Iowans need "judges who understand the proper role of the courts within our government. Judges who will apply the law, and not make it."

The last woman to serve on the Iowa Supreme Court was Chief Justice Marsha Ternus, who lost her retention election in 2010. Ternus was part of a unanimous decision in 2009 that effectively legalized same-sex marriage in the state. Groups opposing same-sex marriage then led a successful campaign to get Ternus and two other justices voted out of the court.


New Jersey court proposes tossing out old open-warrant cases
Attorney News | 2018/07/20 23:26
The highest court in New Jersey is taking steps to do away with hundreds of thousands of open warrants for minor offenses such as parking tickets as part of an overhaul of the state's municipal court system.

State Supreme Court Chief Justice Stuart Rabner on Thursday assigned three Superior Court judges to hold hearings on the proposal to dismiss at least 787,764 open warrants for offenses more than 15 years old that were never prosecuted.

"Those old outstanding complaints and open warrants in minor matters raise questions of fairness, the appropriate use of limited public resources by law enforcement and the courts, the ability of the state to prosecute cases successfully in light of how long matters have been pending and the availability of witnesses, and administrative efficiency," Rabner wrote in his order.

NJ.com reported that the order covers open warrants issued before 2003 for failure to appear in low-level cases, including 355,619 parking ticket cases, 348,631 moving violations and some cases related to town ordinance violations.

The open warrant and the underlying unpaid ticket would be dismissed. The order indicates that more serious charges such as speeding and drunken driving would not be included.

Throwing out old low-level cases was among 49 recommendations following a Supreme Court committee's review of the municipal court system. The committee cited a growing "public perception" that municipal courts "operate with a goal to fill the town's coffers," which the panel called contrary to the purpose of the courts.


Feds say ex-firm of Stormy Daniels' lawyer owes unpaid taxes
Attorney News | 2018/07/07 04:35
The Justice Department says Stormy Daniels' lawyer, Michael Avenatti, made "misrepresentations" in a bankruptcy case involving his former law firm that owes more than $440,000 in unpaid federal taxes.

Avenatti's former firm, Eagan Avenatti LLP, had agreed in January to pay about $2.4 million in back taxes and penalties as part of a resolution of a bankruptcy case involving the firm.

Court documents show some of the money was paid, but attorneys for the government said in May that the firm still owed a portion of the unpaid tax money.

On Tuesday, the U.S. attorney's office in Los Angeles filed a motion asking a federal judge to compel the payment of $440,291 in unpaid taxes and more than $11,700 in interest. Lawyers from the U.S. attorney's office represent the government in bankruptcy court when there's a debt to a government agency, like back taxes or unpaid student loans.

Avenatti, who has garnered national attention as the attorney for Daniels, the porn actress who is suing President Donald Trump following an alleged 2006 affair, said Wednesday that the court filing was "part of a smear campaign" and stressed that he doesn't personally owe any of the money.


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