State & Local Government

Daily Report Online |News

Deal Names New Superior Court Judges

Katheryn Tucker | July 20, 2018

Gov. Nathan Deal named five new superior court judges to fill openings around the state, including two to fill openings he created by elevating judges to higher courts.

New York Law Journal |News

As Cuomo Confirms Criminal Probe, Where Is NY AG's Trump Foundation Lawsuit Headed?

Dan M. Clark | July 20, 2018

Cuomo told reporters in Brooklyn Thursday that the state Department of Taxation and Finance is leading its own criminal inquiry into the Trump Foundation.

Slideshow

New Jersey Law Journal |News

NJ Attorney Accused of Ponzi Scheme Owes Client Protection Funds $36.8M, Judge Rules

Michael Booth | July 20, 2018

A New Jersey judge has found that a disbarred Cherry Hill lawyer and his father, charged with operating a lucrative Ponzi scheme, are responsible for nearly $37 million in damages to client protection funds in New Jersey and Pennsylvania.

The Legal Intelligencer |News

Grand Jury Judge Says AG's Brief Seeking to Unseal Sex Abuse Report Should Be Made Public

Max Mitchell | July 20, 2018

The Pennsylvania attorney general's recent brief seeking to unseal a secret grand jury report should be made public, a common pleas judge has ruled.

New Jersey Law Journal |Analysis

The Expanding Nature of Legal Recognition of Families

Matthew S. Coleman | July 20, 2018

Changes in society necessitated that the law and the courts evolve past the heteronormative concept of a “traditional family” and adapt to the many different ways that people form families.

Daily Business Review |News

Ex-Sen. Steven Geller Joins Sachs Sax Caplan

Catherine Wilson | July 20, 2018

The Broward County commissioner and former state lawmaker will be in the Boca Raton-based firm's government and land use groups.

Daily Report Online |News

DC Indictment Contends Russian Election Hackers Targeted Unnamed Georgia Counties

R. Robin McDonald | July 19, 2018

The indictment of 12 Russian military officers on charges that they interfered with the U.S. 2016 presidential election contends that one of the states they targeted was Georgia.

New York Law Journal |News

Corporate Ownership of Building Put Lawyer Ad Signs in Violation of Billboard Law: Court

Andrew Denney | July 19, 2018

A Queens lawyer who promoted his law firm on signs attached to buildings he owns through corporate entities cannot sidestep New York City's permit requirements for outdoor advertising, even though he was selling his own services on the signs, the majority on a Manhattan appeals court has ruled.

New York Law Journal |News

Attorneys Sue NYPD for Body Cam Footage From Fatal Shooting of Mentally Disturbed Man

Andrew Denney | July 19, 2018

As part of a broad effort to change how police confront civilians with mental illness, a group of attorneys has sued the New York City Police Department to obtain raw body camera footage from the fatal shooting last year of a man suffering from an apparent mental health crisis.

The Legal Intelligencer |Commentary

An Update on Pa.'s Local Employment Laws and What May Come Next

Ethan M. Dennis | July 19, 2018

Over the past few years, Congress has operated at a deadlock, preventing major new federal workplace legislation from being adopted. Although in its infancy, it seems increasingly unlikely that this Congressional term will see a wave of new workplace legislation.

Daily Business Review |News

Miami Is Sued Over David Beckham Stadium Deal, Now Heading for Referendum

Lidia Dinkova | July 19, 2018

Miami attorney Douglas Muir sues the city and its top officials over Beckham's plans for a Major League Soccer stadium at a city golf course.

New York Law Journal |News

Feds Call for Long Prison Sentence in Corruption Case of Ex-Cuomo Aide

Dan M. Clark | July 19, 2018

In a sentencing memo filed late Wednesday, prosecutors urged U.S. District Judge Valerie Caproni to deliver a heavy sentence to Joseph Percoco to “send a strong message to those who might consider following in this disgraceful tradition.”

New York Law Journal |News

Lawsuit Seeking Notice Before Transfer of Immigrant Children Moved to Calif. Federal Court From NY

Dan M. Clark | July 19, 2018

U.S. District Judge Jesse Furman of the Southern District of New York ordered the case be sent to Southern District of California Judge Dana Sabraw, who is supervising the reunification of immigrant families by the federal government.

New York Law Journal |News

Eyeing SCOTUS Shift, NY AG Underwood Urges Greater State Protection for Abortion Rights

Colby Hamilton | July 19, 2018

Speaking to the Citizens Budget Commission, the AG said new state laws were necessary in the event federal protections were rolled back.

The Legal Intelligencer |Commentary

Pa. Death Penalty Report Is Chock-Full of Recommendations

Matthew T. Mangino | July 19, 2018

Did the commonwealth of Pennsylvania need a report, six and a half years in the making, to acknowledge that the state's death penalty has some problems?

Daily Business Review |News

Scott Signs Death Warrant in 1992 Miami-Dade Murder

Jim Saunders, News Service of Florida | July 19, 2018

Gov. Rick Scott signed a death warrant for inmate Jose Antonio Jimenez, who was convicted in the October 1992 killing of 63-year-old Phyllis Minas, whose neighbors heard her shout, “Oh God! Oh my God!” during the attack, according to court documents.

Daily Business Review |News

Transportation Dept. Takes Aim at Contractor Amid SunPass Problems

Jim Turner, News Service of Florida | July 19, 2018

The Florida Department of Transportation announced Monday it is withholding payments to Maryland-based Conduent State & Local Solutions as work continues on the SunPass Centralized Customer Service System, which was expected to be completed June 11.

The Legal Intelligencer |Commentary

Is Telling the Truth Good for Patient Safety? Will It Reduce Errors?

Cliff Rieders | July 19, 2018

Preventable medical errors are routinely covered up by health care professionals who do not always put the truth in the medical records or address poor medical care in the context of peer review. In Pennsylvania, as in most states, peer review cannot be disclosed even in litigation.

Daily Report Online |Commentary

Florida v. Georgia Equitable Apportionment Water Litigation: Where Do We Go From Here?

Craig Pendergrast | July 19, 2018

Where will the special master take the proceedings on remand? What will the Supreme Court do with a new report from the special master following those proceedings? What might Georgia do to improve its position while the litigation continues?

Daily Business Review |Commentary

The Florida Supreme Court Expands Rights of Biological Parents

Douglas H. Reynolds and Henny L. Shomar | July 19, 2018

Connor Perkins knew he was the father. He was there when his girlfriend Treneka Simmonds gave birth to their child in February 2013. He took the child to doctor's appointments, enrolled the child in daycare, voluntarily paid child support and was referred to as “daddy” by the child.

The Legal Intelligencer |News

Justices Agree to Answer Third Circuit's Question on Police Force Governance

Zack Needles | July 19, 2018

The state Supreme Court, at the request of the Third Circuit, is set to determine whether some Pennsylvania police departments fall outside the scope of the state's two statutes governing how such agencies can terminate officers' employment.

New York Law Journal |News

Lancman Eyeing Run for Queens DA, Aided by $793K War Chest

Andrew Denney | July 18, 2018

New York City Councilman Rory Lancman, a Democrat who represents Fresh Meadows, Jamaica and other sections of eastern Queens, said he is looking at a run for Queens district attorney.

New York Law Journal |News

As Council OKs House-Sharing Regs, Airbnb Host Charges NYC With Retaliation for Exercise of Free Speech

Andrew Denney | July 18, 2018

The City Council passed a bill that would require Airbnb to report the names and addresses of its hosts to the city's Office of Special Enforcement; failure to comply could be punishable by fines ranging from $5,000 to $25,000.

New York Law Journal |News

NYC Agrees to Pay $20.8M to Nurses Barred From Early Retirement

Andrew Denney | July 18, 2018

The New York City government has agreed to put up $20.8 million in back pay to settle a discrimination suit filed by city-employed registered nurses and midwives who had to wait several years longer than workers in predominantly male positions to retire with full pensions.

New York Law Journal |News

NY State, City Suing Trump Administration Over Rule Curtailing Funding for 'Sanctuary' Jurisdictions

Dan M. Clark | July 18, 2018

The lawsuits seek to strike down conditions to the grant that require states and localities to cooperate with federal immigration authorities.

Daily Business Review |News

Victims' Rights Amendment Could Be Taken Off Florida Ballot

Gary Fineout, Associated Press | July 18, 2018

Lee Hollander, a criminal defense lawyer based in southwest Florida, maintains that the proposed constitutional amendment that is going before voters is misleading and does not adequately inform them about what it actually does.

Daily Business Review |News

Scott Fights Financial Disclosure Lawsuit by Democratic Fundraiser

Lloyd Dunkelberger, News Service of Florida | July 18, 2018

A Leon County circuit judge in February rejected Gov. Rick Scott's request to dismiss the case, which was filed by a Tallahassee attorney seeking to require Scott to provide more disclosure, including details of a blind trust.

The Legal Intelligencer |News

Pa. Supreme Court Justices Reject Challenge to Philadelphia Soda Tax

Max Mitchell | July 18, 2018

Philadelphia's tax on soda and sweetened beverages is legal, the Pennsylvania Supreme Court has ruled, rejecting arguments that the levy improperly duplicated the state sales tax.

The Legal Intelligencer |News

Cozen O'Connor's Lobbying Group Is on a Hiring Tear

Lizzy McLellan | July 18, 2018

"This is a firm whose footprint is growing geographically and sectorally, and clients value one-stop shopping," said Cozen O'Connor Public Strategies' managing partner Howard Schweitzer.

New York Law Journal |Expert Opinion

The Full-Payment Rule Strikes Hard: A Look at a Recent Decision

Jeremy H. Temkin | July 18, 2018

It has long been settled law that a taxpayer challenging a tax deficiency assessed by the Internal Revenue Service in federal district court is required to “pay first and litigate later.”

New York Law Journal |News

NY Opioid Litigation on Fast Track as Judge Rules Counties May Press Claims Against Distributors

Andrew Denney | July 17, 2018

A New York judge presiding over the state courts' multicounty opioid litigation in Suffolk County brought on behalf of a coalition of New York counties, which is being closely watched by courts in other jurisdictions around the country, has refused to toss claims against drug distributors.

New York Law Journal |News

DAs Urge Cuomo to Veto Bill to Set Up Prosecutorial Conduct Watchdog

Dan M. Clark | July 17, 2018

Staten Island District Attorney Michael McMahon and Queens District Attorney Richard Brown wrote in the letters that the commission is unnecessary and unconstitutional.

The American Lawyer |News

Ohio Supreme Court to Consider How Bar Admission Rules Are Applied for On-the-Move Lawyers

Scott Flaherty | July 17, 2018

A case regarding the pending bar application of Dinsmore & Shohl associate Alice Jones in Ohio is being closely watched by law firms and lawyers at a time of increased lateral hiring and lawyer mobility.

New Jersey Law Journal |News

Municipal Court Reform Plan Proposes Consolidations, Scrutiny of Judicial Candidates, Reducing Fines

Charles Toutant | July 17, 2018

A committee assembled by the New Jersey Supreme Court has issued a blueprint for reforming the state's vast system of municipal courts, with an emphasis on reducing excessive fines imposed on litigants, improving the process for selecting and retaining municipal court judges, and paying closer attention to judicial independence.

Daily Report Online |News

How a $534 Property Tax Challenge Ballooned into $83,900 in Legal Fees

R. Robin McDonald | July 17, 2018

When a Jackson County couple challenged the county's decision to boost the the tax assessment on their home by $534, they appealed. Three law firms, six years and a jury trial later, they won. The county had to pay the legal bill.

New York Law Journal |News

Former State Senate Majority Leader Again Found Guilty on All Counts in Retrial

Colby Hamilton | July 17, 2018

Dean Skelos was accused of leveraging his power over companies in need of government assistance to secure low- or no-show jobs for his son Adam Skelos.

New York Law Journal |Analysis

An Evanescent Supreme Court Nomination: The Gov. Mario M. Cuomo Story

Joseph W. Bellacosa | July 17, 2018

An example from the early '90s offers some perspective on the subject of the looming confirmation battle of a Supreme Court nominee. The name of then-Governor Mario M. Cuomo was floated, and after a short tease, disappeared into an historical footnote. What happened?

New York Law Journal |News

NY Leads Challenge to New Law's Cap on State, Local Tax Deduction

Dan M. Clark | July 17, 2018

The lawsuit aims to strike down the $10,000 cap on deductions of local property, sales and state income taxes included in the Republican tax law passed last December.

Daily Business Review |News

No Shortage of Ads Ahead of Florida 2018 Midterm Election

Brendan Farrington, Associated Press | July 17, 2018

With the governor's office and all three Cabinet seats are on the ballot; Republican Gov. Rick Scott challenging three-term Democratic U.S. Sen. Bill Nelson; and several congressional seats up for grabs, Florida's 2018 midterm election is one of the most important in years.

The Legal Intelligencer |Commentary

'Phelps' Tackles 'As Is' Language in Residential Agreement of Sale Under RESDL

Alan Nochumson | July 17, 2018

In many situations with distressed properties, the property owner wishes to wipe his hands clean of the property. In these situations, the property owner will agree to sell the property only if the prospective buyer acquires the property in “as is” condition.

Connecticut Law Tribune |Expert Opinion

A Shrinking, Aging Bar Will Present Many Challenges

Mark Dubois | July 17, 2018

For the next generation of bar leaders, the demographics of our aging profession may present the biggest challenge.

Daily Business Review |News

Carlton Fields' Victory Could Change the Landscape for Florida Infrastructure Projects

Raychel Lean | July 17, 2018

The courts granted Bluefield Ranch's appeal over mitigation credits, signalling a go-ahead for a hearing that will challenge a permit for a Florida Department of Transportation road-widening project.

Daily Business Review |News

Voter Rights Group Asks Judge to Weigh Campus Early Voting Sites

Dara Kam, News Service of Florida | July 17, 2018

Attorneys representing the state argued there was no indication that college students would have voting rights abridged due to an advisory opinion under scrutiny in the federal lawsuit filed this year by the League of Women Voters and other plaintiffs.

Slideshow

New York Law Journal |News

NY State Officials Open Probe of Jared Kushner's Real Estate Co. Over Allegations It Forced Out Tenants

Dan M. Clark | July 16, 2018

The investigation is being handled by the governor's Tenant Protection Unit, an office within the state Division of Homes and Community Renewal that reviews complaints of tenant harassment.

Daily Business Review |News

David Beckham Heads Into Stadium Referendum Bid With Looming Questions on Project

Lidia Dinkova | July 16, 2018

Soccer stadium developers are calculating the feasibility of a guaranteed $15-an-hour wage and 5 percent revenue sharing with the city.

New York Law Journal |News

Retired Judge Robert G.M. Keating Has Died at 76

MP McQueen | July 16, 2018

Judge Keating, who also was credited with creating the first community court in the U.S. for low-level and drug offenses, died on July 14 at age 76, according to Fairchild Sons Funeral Home in Garden City, N.Y.

New Jersey Law Journal |News

Appellate Division Upholds PERC's Authority in Security Camera, Teacher Discipline Cases

Michael Booth | July 16, 2018

The three-judge panel in a published decision said PERC has "exclusive jurisdiction to decide complaints arising under the New Jersey Employer-Employee Relations Act."

New York Law Journal |News

New York State Needs More Judges, Outgoing Senate Judiciary Chairman Says

Dan M. Clark | July 16, 2018

That would require more funding in the state budget, where spending for the judiciary has been capped in recent years, said State Sen. John Bonacic, R-Orange, the outgoing chairman of the Senate Judiciary Committee.

The Legal Intelligencer |Commentary

Department of Justice Needs an Internal Review of Its Operations

Peter F. Vaira    | July 16, 2018

The U.S. Department of Justice (DOJ) is in need of a serious internal review. Recent critical remarks by members of Congress and other political leaders, and responses by Attorney General Jeff Sessions and Deputy Attorney General Rod Rosenstein indicate that the DOJ is under fire.

Daily Business Review |News

5 Questions for GOP Attorney General Candidate Frank White

Jim Turner, News Service of Florida | July 16, 2018

State Rep. Frank White, a Republican from Pensacola, is currently the chief financial officer and general counsel for the Sansing Dealer Group, which has stores in Florida, Alabama and Mississippi.

New York Law Journal |Expert Opinion

A Roundup of Tax Law Rules for Deducting Interest Payments

Sidney Kess | July 16, 2018

Interest rates are on the rise, albeit slowly. Still, individuals and businesses with debt can reduce the cost of borrowing if they can deduct their interest payments.

Daily Business Review |Commentary

Third DCA: Juries, Not Insurers, Have Final Say in Damage Estimates Disputes

Tara Faenza | July 16, 2018

The first party property claims community is reeling from a recent Third DCA decision that slayed the Slayton argument routinely cited in defense motions for summary judgment over the last few years.

New Jersey Law Journal |News

Weekend Jail 'Not an Option' for Multiple Drunken-Driving Offenders, Court Rules

Michael Booth | July 16, 2018

Weekend service is not an option," the court said. "Nowhere ... is there any indication the legislature intended ... to weaken the penalties for third or subsequent DWI offenders by allowing them to be periodically released before they have served the 180 days.

The Recorder |News

A First Look at California's Proposed Final Marijuana Regs

Cheryl Miller | July 13, 2018

The release of the proposal Friday starts the clock on a process of hearings and public comment that will culminate in a final set of rules.

New York Law Journal |News

As NY Health Dept. Backs Marijuana Legalization, Attorneys Eye New Practice Area

Dan M. Clark | July 13, 2018

Legalization would create a new area of law for attorneys in New York to practice that has only been addressed through the state's medical marijuana program.

New York Law Journal |Commentary

Book Review: Treatise Covers the Bases on the Defense of Civil and Criminal Probes

Jeffrey M. Winn | July 13, 2018

First published in 2011, and now in its fourth edition, this handbook of best practices for handling government investigations makes important contributions to the professionalism of this preeminent area of the law.

New Jersey Law Journal |News

Camden Chief Judge Faces Ethics Charges Over Emails

Michael Booth | July 13, 2018

A New Jersey judge is facing ethics charges for allegedly sending a series of "discourteous and undignified" emails to a local prosecutor, then pretending she did not know about them when questioned by a defense attorney.

Daily Business Review |

Lawsuits Mounting Against Delta Air Lines, Broward Sheriff's Office, Others Over Fort Lauderdale Airport Shooting

Zach Schlein | July 13, 2018

Following an initial lawsuit earlier this year, another survivor of the January 2017 shooting at the Fort Lauderdale airport is alleging that Delta Airlines and the Broward Sheriff's Office failed to keep travelers safe.

Daily Business Review |News

Voting Rights Group's Lawsuit Challenges Education Amendment

Lloyd Dunkelberger, News Service of Florida | July 13, 2018

The amendment was advanced by the Constitution Revision Commission, which meets every 20 years and has the ability to place constitutional changes directly on the general-election ballot.

Daily Business Review |Commentary

Lawyers as Emergency Responders After the Parkland High School Shooting

Anthony Karrat | July 13, 2018

In the case of the mass shooting at Marjory Stoneman Douglas High School (MSD), many attorneys from Legal Aid Service of Broward County acted as emergency responders for the students, families and teachers who were affected by the violence that ripped through the city of Parkland.

The Legal Intelligencer |Commentary

Tips and Warnings Related to International FOIA for Lawyers, Journalists

Terry Mutchler | July 13, 2018

This column contains both tips and warnings related to records-access laws and ensuring that lawyers and journalists not only read them, but maximize the use of these laws.