Law Firm News
Today's Date: Bookmark This Website
A US appeals court will review its prior order keeping banned books
Legal Interview | 2024/07/08 21:41
A federal appeals court in New Orleans is taking another look at its own order requiring a Texas county to keep eight books on public library shelves that deal with subjects including sex, gender identity and racism.

Llano County officials had removed 17 books from its shelves amid complaints about the subject matter. Seven library patrons claimed the books were illegally removed in a lawsuit against county officials. U.S. District Judge Robert Pitman ruled last year that the books must be returned. Attorneys for Llano County say the books were returned while they appeal Pittman’s order.

While the library patrons say removing the books constitutes an illegal government squelching of viewpoints, county officials have argued that they have broad authority to decide which books belong on library shelves and that those decisions are a form of constitutionally protected government speech.

On June 6, a panel of the 5th U.S. Circuit Court of Appeals split three ways on the case, resulting in an order that eight of the books had to be kept on the shelves, while nine others could be kept off.

That order was vacated Wednesday evening after a majority of the 17-member court granted Llano County officials a new hearing before the full court. The order did not state reasons and the hearing hasn’t yet been scheduled.

In his 2023 ruling, Pitman, nominated to the federal bench by former President Barack Obama, ruled that the library plaintiffs had shown Llano officials were “driven by their antipathy to the ideas in the banned books.” The works ranged from children’s books to award-winning nonfiction, including “They Called Themselves the K.K.K: The Birth of an American Terrorist Group,” by Susan Campbell Bartoletti; and “It’s Perfectly Normal: Changing Bodies, Growing Up, Sex and Sexual Health,” by Robie Harris.

Pitman was largely upheld by the 5th Circuit panel that ruled June 6. The main opinion was by Judge Jacques Wiener, nominated to the court by former President George H. W. Bush. Wiener said the books were clearly removed at the behest of county officials who disagreed with the books’ messages.


Retrial of Harvey Weinstein unlikely to occur soon, if ever, experts say
Legal Interview | 2024/05/01 23:29
A retrial in New York of disgraced former movie mogul Harvey Weinstein won’t be coming to a courtroom anytime soon, if ever, legal experts said on a day when one of two women considered crucial to his rape trial said she wasn’t sure she would testify again.

A ruling Thursday by the New York Court of Appeals voided the 2020 conviction of the onetime Hollywood power broker who prosecutors say forced young actors to submit to his prurient desires by dangling his ability to make or break the their careers.

On Saturday, Weinstein was in custody in a Manhattan hospital where he was undergoing multiple tests, attorney Arthur Aidala said. He was returned Friday to New York City jails from a state prison 100 miles (160 kilometers) northwest of Albany. He remains behind bars because he was also convicted in a similar case in California.

“He’s got a lot of problems. He’s getting all kinds of tests. He’s somewhat of a train wreck health wise,” Aidala said.

The appeals court in a 4-3 decision vacated a 23-year jail sentence and ordered a retrial of Weinstein, saying the trial judge erred by letting three women testify about allegations that were not part of the charges and by permitting questions about Weinstein’s history of “bad behavior” if he testified. He did not. He was convicted of forcibly performing oral sex on a TV and film production assistant and of third-degree rape for an attack on an aspiring actor in 2013.

Several lawyers said in interviews Friday that it would be a long road to reach a new trial for the 72-year-old ailing movie mogul and magnet for the #MeToo movement who remains behind bars, and it was doubtful that one could start before next year, if at all.

“I think there won’t be a trial in the end,” said Joshua Naftalis, a former Manhattan federal prosecutor now in private practice. “I don’t think he wants to go through another trial, and I don’t think the state wants to try him again.”

Naftalis said both sides may seek a resolution such as a plea that will eliminate the need to put his accusers through the trauma of a second trial.

Aidala said Saturday that he plans to tell a judge at a Manhattan court appearance Wednesday that he believes a trial could occur anytime after Labor Day.

With the scaled-down case ordered by the appeals court, Aidala predicted that it could be finished in a week and his client would be exonerated.

Deborah Tuerkheimer, a professor at Northwestern University Pritzker School of Law and former assistant district attorney in Manhattan, said whether there is a second trial will “hinge on the preferences of the women who would have to testify again and endure the ordeal of a retrial.”

“I think ultimately this will come down to whether they feel it’s something they want to do, are able to do,” she said.

Jane Manning, director of the nonprofit Women’s Equal Justice, which provides advocacy services to sexual assault survivors, agreed “the biggest question is whether the two women are willing to testify again.”

If they are, then Manhattan District Attorney Alvin Bragg “will absolutely retry the case,” said Manning, who prosecuted sex crimes when she was in the Queens district attorney’s office in the late 1990s and early 2000s.

Tama Kudman, a West Palm Beach, Florida, criminal defense lawyer who also practices in New Jersey and New York, said prosecutors will likely soon have conversations with key witnesses for a retrial.


Judge in Trump case orders media not to report where potential jurors work
Legal Interview | 2024/04/19 21:21
The judge in Donald Trump’s hush money trial ordered the media on Thursday not to report on where potential jurors have worked and to be careful about revealing information about those who will sit in judgment of the former president.

Judge Juan Merchan acted after one juror was dismissed when she expressed concerns about participating in the trial after details about her became publicly known.

The names of the jurors are supposed to be a secret, but the dismissed juror told Merchan she had friends, colleagues and family members contacting her to ask whether she was on the case. “I don’t believe at this point I can be fair and unbiased and let the outside influences not affect my decision-making in the courtroom,” she said.

Merchan then directed journalists present in the courthouse not to report it when potential jurors told the court their specific workplaces, past or present. That put journalists in the difficult position of not reporting something they heard in open court.

Some media organizations were considering whether to protest having that onus placed on them. Generally, the First Amendment of the U.S. Constitution bars judges from ordering journalists not to disclose what they hear and see in courtrooms open to the public, though there are exceptions, such as when military security is at stake.

New York criminal defense lawyer Ron Kuby said that while judges typically can’t control what the media reports, other options are available to protect juror anonymity, including restricting what reporters see and hear in the courtroom.

“There are actions the judge could take,” he said. “Courts have extraordinary powers to protect jurors from tampering and intimidation. It is really where a court’s power is at its peak.”

The court action underscored the difficulty of trying to maintain anonymity for jurors in a case that has sparked wide interest and heated opinions, while lawyers need to sift through as much information as possible in a public courtroom to determine who to choose.

Despite the setback, 12 jurors were seated by the end of Thursday for the historic trial. Trump is charged with falsifying his company’s business records to cover up an effort during the 2016 presidential election campaign to squash negative publicity about alleged marital infidelity. Part of the case involves a $130,000 payment made to porn actor Stormy Daniels to prevent her from making public her claims of a sexual meeting with Trump years earlier. Trump has denied the encounter.

New York state law requires trial attorneys to get the names of jurors, but the judge has ordered the lawyers in Trump’s case not to disclose those names publicly. The jurors’ names haven’t been mentioned in court during three days of jury selection.

Still, enough personal information about the jurors was revealed in court that people might be able to identify them anyway.

Some news organizations described details including what Manhattan neighborhoods potential jurors lived in, what they did for a living, what academic degrees they had earned, how many children they had, what countries they grew up in and what their spouses did for a living.

On Fox News Channel Wednesday night, host Jesse Watters did a segment with a jury consultant, revealing details about people who had been seated on the jury and questioning whether some were “stealth liberals” who would be out to convict Trump.


Court makes it easier to sue for job discrimination over forced transfers
Legal Interview | 2024/04/16 04:21
The Supreme Court on Wednesday made it easier for workers who are transferred from one job to another against their will to pursue job discrimination claims under federal civil rights law, even when they are not demoted or docked pay.

Workers only have to show that the transfer resulted in some, but not necessarily significant, harm to prove their claims, Justice Elena Kagan wrote for the court.

The justices unanimously revived a sex discrimination lawsuit filed by a St. Louis police sergeant after she was forcibly transferred, but retained her rank and pay.

Sgt. Jaytonya Muldrow had worked for nine years in a plainclothes position in the department’s intelligence division before a new commander reassigned her to a uniformed position in which she supervised patrol officers. The new commander wanted a male officer in the intelligence job and sometimes called Muldrow “Mrs.” instead of “sergeant,” Kagan wrote.

Muldrow sued under Title VII of the Civil Rights Act of 1964, which prohibits workplace discrimination on the basis of race, sex, religion and national origin. Lower courts had dismissed Muldrow’s claim, concluding that she had not suffered a significant job disadvantage.

“Today, we disapprove that approach,” Kagan wrote. “Although an employee must show some harm from a forced transfer to prevail in a Title VII suit, she need not show that the injury satisfies a significance test.”

Kagan noted that many cases will come out differently under the lower bar the Supreme Court adopted Wednesday. She pointed to cases in which people lost discrimination suits, including those of an engineer whose new job site was a 14-by-22-foot wind tunnel, a shipping worker reassigned to exclusively nighttime work and a school principal who was forced into a new administrative role that was not based in a school.

Although the outcome was unanimous, Justices Samuel Alito, Brett Kavanaugh and Clarence Thomas each wrote separate opinions noting some level of disagreement with the majority’s rationale in ruling for Muldrow.

Madeline Meth, a lawyer for Muldrow, said her client will be thrilled with the outcome. Meth, who teaches at Boston University’s law school, said the decision is a big win for workers because the court made “clear that employers can’t decide the who, what, when, where and why of a job based on race and gender.”

The decision revives Muldrow’s lawsuit, which now returns to lower courts. Muldrow contends that, because of sex discrimination, she was moved to a less prestigious job, which was primarily administrative and often required weekend work, and she lost her take-home city car.


[PREV] [1][2][3][4][5].. [30] [NEXT]
All
Legal Network
Law Firm News
Court Issues
Court Watch
Legal Interview
Topics
Blog News
Press Release
Legal Opinions
Court grants Texas man a sta..
A US appeals court will revi..
Special Education Lawyers in..
The Supreme Court strips the..
Court rejects settlement in ..
Court grapples with details ..
Unanimous Supreme Court pres..
Trump's lawyers ask judge to..
Three Americans in alleged c..
Spanish court summons prime ..
Trump hush money trial: Pros..
Trial turns testy as Trump l..
War crimes prosecutor seeks ..
TikTok content creators sue ..
Abortion consumes US politic..


   Lawyer & Law Firm Websites
Indianapolis Personal Injury Law Firm
Indiana, IN Personal Injury Attorneys
www.williamspiatt.com
Surry County Criminal Defense Lawyers
Yadkin County Family Law Attorneys
www.dirussolaw.com
Oregon DUI Law Attorney
Eugene DUI Lawyer. Criminal Defense Law
www.mjmlawoffice.com
St. Louis Missouri Criminal Defense Lawyer
St. Charles DUI Attorney
www.lynchlawonline.com
San Francisco Trademark Lawyer
San Francisco Copyright Lawyer
www.onulawfirm.com
Chicago Work Accident Lawyer
Chicago Workplace Injury Attorneys
www.krol-law.com
San Bernardino Criminal Defense Attorneys
DUI Lawyer
www.bullardpowell.com
New York Adoption Lawyers
New York Foster Care Lawyers
Adoption Pre-Certification
www.lawrsm.com
   Legal Resource Links
  U.S. Legal News
 
 
© Law Firm News Network. All rights reserved.

The content contained on the web site has been prepared by Law Firm News Network as a service to the internet community and is not intended to constitute legal advice or a substitute for consultation with a licensed legal professional in a particular case or circumstance. Legal Blog postings and hosted comments are available for general educational purposes only and should not be used to assess a specific legal situation. Affordable Law Firm Website Design