State & Local Government

The Recorder |News

Judiciary Leaders Mum on Latest Sexual Misconduct Claims

Cheryl Miller | January 18, 2019

A lawyer for Justice Jeffrey W. Johnson says he "will rely on facts and documents to provide the truth." One former state appeals judge put it this way: "There's not a whole lot of precedent for this kind of thing."
Daily Business Review |News

Miami Sued — Again — Over David Beckham Soccer Stadium Plan

Lidia Dinkova | January 18, 2019

The lawsuit claims city officials and residents were misled about the ownership of Miami Freedom Park, which seeks to lease a public golf course for a Major League Soccer stadium and other development.
New York Law Journal |

Appeals Court Rejects Bid for Open Access to Police Personnel Records

Andrew Denney | January 18, 2019

The Appellate Division, First Department affirmed a lower court's ruling that Civil Rights Law 50-a prevents attorneys from getting their hands on records relating to misconduct allegations against officers and punishments they received via the state's Freedom of Information Law.
Daily Report Online |News

Georgia House Names @JudgeDillard Twitter Laureate

Katheryn Tucker | January 18, 2019

The Georgia House of Representatives said the judge deserves recognition for promoting "civility, kindness, and compassion” on social media. They used his beloved Oxford comma.
Daily Business Review |News

South Florida Attorney Becomes Palm Beach County Supervisor of Elections

Zach Schlein | January 18, 2019

Florida Gov. Ron DeSantis announced Wendy Link's appointment in a press conference held Friday. The South Florida litigator will replace Susan Bucher, who has been dogged by controversy for her handling of the 2018 midterm elections.
New Jersey Law Journal |Commentary

Five Years After Marriage Equality Came to New Jersey

Bill Singer | January 18, 2019

OP-ED: In appreciation of New Jersey's proud history of recognizing the reality of modern families, I want to offer three areas where examination may be warranted.
New York Law Journal |News

Bill to Extend Limitations on Child Sex Abuse Claims Is Set to Pass in NY, But Timeline Is Unclear

Dan M. Clark | January 18, 2019

“Now that the Child Victims Act has not only passed the Assembly but has the support of virtually every Senate Democrat, it would not seem to be necessary to have it folded in budget discussions,” Hoylman said.
The Legal Intelligencer |News

Wolf Urges Pa. Residents to 'Choose Action' as He Begins Second Term

Mark Scolforo and Marc Levy of The Associated Press | January 18, 2019

Gov. Tom Wolf kicked off his second term Jan. 15 with a call for Pennsylvanians to work together to build a stronger, fairer and more prosperous future.
The Legal Intelligencer |News

Capital Report

Michael Riccardi | January 18, 2019

Following is a listing of executive and legislative action for the week of Jan. 14. Both houses of the General Assembly were in recess at press time, with members of the Pennsylvania Senate and state House of Representatives scheduled to return to session Jan. 28.
Daily Business Review |News

DeSantis' New Justices Could Refuel Workers' Compensation Fight

Christine Sexton | January 18, 2019

Bill Herrle, executive director of the National Federation of Independent Business in Florida, has since 2016 called for the Legislature to limit what plaintiffs' attorneys can charge injured workers.
Daily Business Review |News

Florida Governor Wants Ban on Smokable Medical Pot Ended

Brendan Farrington and Mike Schneider | January 18, 2019

Republican Florida Gov. Ron DeSantis criticized the Legislature's implementation of a medical marijuana law and said that if it don't fix it quickly,…
New York Law Journal |

Nassau County Judge Moves to Supervising Role 1 Year After Taking Office

Andrew Denney | January 18, 2019

One year after first getting sworn in to the bench, Nassau County Judge Elizabeth Fox- McDonough has been moved up to supervising judge of the county's District Court.
Daily Report Online |News

Judge Throws Out Contest of Lieutenant Governor's Election

R. Robin McDonald | January 18, 2019

The judge ruled plaintiffs didn't prove Georgia's outdated electronic voting machines caused a significant undervote.
Daily Report Online |News

Voting Machines & Anomalies Take Center Stage in Trial Contesting in Lt. Gov.'s Election

R. Robin McDonald | January 17, 2019

As the trial over whether to void the election of Lt. Gov. Geoff Duncan began Thursday, plaintiffs fought an uphill battle against a chorus of objections.
Litigation Daily |News

Brafman's Withdrawal From Weinstein Case Underscores Tensions That Come With High-Profile Clients

Andrew Denney | January 17, 2019

The news this week that Benjamin Brafman would withdraw as defense counsel for former movie titan Harvey Weinstein in his sexual assault case called to mind for some attorneys the challenges they face when representing powerful clients who are used to having it their way.
New York Law Journal |News

Brafman's Withdrawal From Weinstein Case Exposes Tensions That Come With High-Profile Clients

Andrew Denney | January 17, 2019

The news this week that Benjamin Brafman would withdraw as defense counsel for former movie titan Harvey Weinstein in his sexual assault case called to mind for some attorneys the challenges they face when representing powerful clients who are used to having it their way.
New Jersey Law Journal |

Attorney General Not Obligated to Indemnify Officers of County Police Force

Charles Toutant | January 17, 2019

The ruling means Union County, not the attorney general, is responsible for defending an officer who administered a polygraph for county prosecutors.
New York Law Journal |

Judge Backs Order Blocking Congestion Tax on Rides in Manhattan

Andrew Denney | January 17, 2019

Manhattan Supreme Court Justice Lynn Kotler said a temporary restraining order to levy congestion taxes on taxis and other ride services that make trips into Manhattan below 96th Street would remain in place until at least Jan. 31.
The Legal Intelligencer |Commentary

Pa. Peer Review Act Keeps Making Noise—Recent Case Emphasizes Narrow Scope

Cliff Rieders | January 17, 2019

Like the inevitable phoenix, the Pennsylvania Peer Review Act gives rise to significant appellate court cases from time to time. Most recently, the Pennsylvania Supreme Court in Reginelli v. Boggs, 181 A. 3d 293 (Pa. 2018), emphasized the narrow scope of the protection afforded by the PRPA.
New York Law Journal |News

Judge Upholds State Regulation Requiring Insurers to Cover Abortion

Dan M. Clark | January 17, 2019

A spokeswoman for the Albany diocese said in a statement on Thursday that the church would be appealing the ruling based on the alleged constitutional and statutory conflicts of the regulation.
The Legal Intelligencer |Commentary

Significant Environmental Cases in Pa. Courts During 2018 (Part I)

David G. Mandelbaum | January 17, 2019

The Pennsylvania appellate courts decided a relatively large number of environmental cases during 2018. The following survey attempts to characterize them very briefly.
The Legal Intelligencer |Commentary

Waiving or Forfeiting the Right to Arbitrate—Recent Cases Tackle Issue

Abraham J. Gafni | January 17, 2019

Cases considering whether arbitration has been waived reflect how careful a party must be in seeking to preserve this right. Examples of this outcome are reflected in two recent federal cases.
Connecticut Law Tribune |News

DCF's Katz Takes Partner Role at Shipman & Goodwin

Michael Marciano | January 17, 2019

Joette Katz said that she is excited about entering a position that is tailored to her expertise, and one with a mission that she had a hand in crafting.
The Legal Intelligencer |Commentary

Who Could Qualify as a Statutory Employer Under Pa.'s Workers' Compensation Act?

Brian Dunstone | January 17, 2019

“A statutory employer is a master who is not a contractual or common law one, but is made one by the Pennsylvania Workers' Compensation Act.”
Daily Business Review |News

Lawmakers, School Leaders Face Hurricane, Security Issues

Jim Saunders | January 17, 2019

Those issues drew discussion during a State Board of Education meeting that also included new appointee Andy Pollack, whose daughter was among 17 students and faculty members killed during a mass shooting at Marjory Stoneman Douglas High School.
Daily Business Review |News

Florida Power & Light Plans Major Solar Expansion by 2030

Jim Saunders | January 17, 2019

FPL said it will install more than 30 million solar panels by 2030, with solar facilities expected to be built across the state.
New Jersey Law Journal |Analysis

Victims of Serious Crimes Need More Protection Under OPRA

Jonathan N. Frodella | January 17, 2019

Currently, record custodians bear the full burden of investigation when requestors choose not to provide relevant background information.
New York Law Journal |News

NYC Adds Sackler Family Members as Purdue Pharma Owners to Opioids Lawsuit

Andrew Denney | January 16, 2019

The New York City government has expanded its lawsuit against pharmaceutical distributors over the opioid epidemic that has impacted communities across the U.S. to include members of the Sackler family, which owns Purdue Pharma, the maker of OxyContin and a group of major retailers.
Litigation Daily |News

Sackler Family Members Added to NYC Opioids Lawsuit as Purdue Pharma Owners

Andrew Denney | January 16, 2019

The New York City government has expanded its lawsuit against pharmaceutical distributors over the opioid epidemic that has impacted communities across the U.S. to include members of the Sackler family, which owns Purdue Pharma, the maker of OxyContin and a group of major retailers.
New York Law Journal |News

Judiciary Requests 2 Percent Spending Increase From Cuomo, NY Lawmakers

Dan M. Clark | January 16, 2019

“The 2 percent is a modest increase, but we are trying to strike the right balance between what we believe we need in terms of resources to achieve our goals and our responsibility to be as prudent and vigilant as we can in spending the public's money,” Marks said.
Daily Report Online |News

Hodges Gets a Little Roasting—and a Big Hug—at Investiture

Katheryn Tucker | January 16, 2019

A standing-room-only crowd packed the Georgia Court of Appeals courtroom Wednesday to welcome newly elected Judge Ken Hodges with an investiture ceremony that included a prayer by a former prosecutor and an introduction by a federal judge.
Delaware Law Weekly |News

Strine Addresses Charging, Double Jeopardy in Del. Supreme Court Decisions

Tom McParland | January 16, 2019

In the rulings, the high court remanded the cases for resentencing, finding that the Superior Court convictions had breached the multiplicity doctrine, which bars the state from dividing one crime into multiple counts by splitting it “into a series of temporal or spatial units.”
The Legal Intelligencer |

The Importance of Private Counsel in Protecting Public Interests

Clay Flaherty | January 16, 2019

In service to financial efficiency and vigorous representation of the public interest, municipalities and political subdivisions in Pennsylvania increasingly rely upon the expertise and acumen of outside counsel to assist them in their legal endeavors.
National Law Journal |

Justices Are Urged to Protect States' Liquor Markets

Marcia Coyle | January 16, 2019

At the center of the conflict, whose outcome could have national economic repercussions, is Tennessee's two-year residency requirement for retail liquor licenses.
New York Law Journal |News

National Jewelry Chain Settles Claims Over Surprise Credit Accounts

Dan M. Clark | January 16, 2019

Under the settlement, Sterling will pay $10 million to the bureau and $1 million to New York.
Daily Business Review |News

DeSantis Targets Airbnb Over West Bank Policy

Jim Turner | January 16, 2019

The governor announced that Florida employees will no longer be reimbursed for Airbnb stays while traveling, as the state considers economic sanctions over the home-sharing platform's decision against listing properties in the West Bank.
Daily Report Online |News

Dismissed From Election Contest, Secretary of State Counsel Still Exert Influence

R. Robin McDonald | January 16, 2019

Attorneys for Georgia's secretary of state won a dismissal of their client from a lawsuit contesting the election of Republican Lt. Gov. Geoff Duncan, but the lawyers haven't left the legal playing field.
National Law Journal |Q&A

A Cocktail-by-Cocktail History of the Eras of the Supreme Court

Tony Mauro | January 16, 2019

Nancy Maveety, Tulane University political scientist and Supreme Court scholar, chats about her book "Glass and Gavel: The U.S. Supreme Court and Alcohol."
Texas Lawyer |News

William Barr Might Change Course on Texas Challenge to Obamacare

Nate Robson | January 16, 2019

Members on the Senate Judiciary Committee used Tuesday's hearing to probe Barr on several areas for insight on how he might run the Justice Department.
Daily Business Review |Commentary

Court Strikes Down HOA's Rule Banning Personal Trainer From Fitness Center

Michael Toback | January 16, 2019

Is a personal trainer in a fitness center like a call girl sitting at a clubhouse bar? This comparison was drawn by the trial court in its decision to grant summary judgment in favor of a homeowner's association as to whether a personal trainer is an invitee or a licensee.
Daily Business Review |News

Medical History Change Seeks to Remove 'Stigma' for Doctors

Christine Sexton | January 16, 2019

Before being licensed in Florida, doctors have to divulge their medical histories to the state, including disclosing whether they have been treated for mental-health or substance-abuse disorders in the past five years. That could change soon.
New York Law Journal |

NYPD Must Answer Public Records Request Over Cellphone Monitoring, Judge Rules

Jason Grant | January 15, 2019

“Terrorism-related concerns cannot be used to justify the use of a Glomar response in every FOIL context,” Manhattan Supreme Court Justice Arlene Bluth wrote in her decision. She said that “the petitioners here are protestors, engaging in First-Amendment protected activity."
New York Law Journal |

Lawyers With Cannabis Clients Face Ethical Challenges, Panel Says

Andrew Denney | January 15, 2019

The panelists were discussing ethical issues that may arise for cannabis counsel while, at the same time, Gov. Andrew Cuomo announced during his State of the State address his proposal to legalize recreational marijuana for adult use.
New York Law Journal |

Appeals Court Reinstates New Regs on Title Insurance Industry

Andrew Denney | January 15, 2019

A state appeals court has reinstated regulations on the title insurance industry enacted to prohibit insurers from wining and dining attorneys and real estate agents in exchange for business referrals and passing those costs along to consumers.
New York Law Journal |News

NY Lawmakers Approve Constitutional Fix to Law Creating Prosecutorial Watchdog

Dan M. Clark | January 15, 2019

The amendment, which was created to address constitutional concerns in the original statute, is expected to receive the approval of Gov. Andrew Cuomo, whose office negotiated the terms of the changes with the Legislature last year.
New York Law Journal |News

Cuomo Details Marijuana Legalization, Criminal Justice Reform in NY Budget Speech

Dan M. Clark | January 15, 2019

The budget also proposes increasing the Attorney Registration Fee and Criminal History Search Fee by $50 each in an effort to support indigent legal services statewide.
Law.com |News

Opioid Defendants Lose Bid for Sanctions Over '60 Minutes' Episode

Amanda Bronstad | January 15, 2019

The proposed sanctions motion targeted plaintiffs lawyers who defendants claim made "misleading, inflammatory, and improper" statements on an episode last month.
New York Law Journal |News

Federal Judge Blocks Trump Administration's Census Citizenship Question

Dan M. Clark | January 15, 2019

U.S. District Judge Jesse Furman of the Southern District of New York said in the decision that Commerce Secretary Wilbur Ross violated the Administrative Procedure Act while deciding to add the citizenship question to the survey over the first year and a half of the Trump administration.
Litigation Daily |News

Federal Judge Strikes Down Trump Administration's Census Citizenship Question

Dan M. Clark | January 15, 2019

U.S. District Judge Jesse Furman of the Southern District of New York said in the decision that Commerce Secretary Wilbur Ross violated the Administrative Procedure Act while deciding to add the citizenship question to the survey over the first year and a half of the Trump administration.
Daily Business Review |Commentary

11th Circ.: Direct Payments to a Secured Creditor in a Chapter 13 Bankruptcy Are Not Discharged

Christina Paradowski | January 15, 2019

On Dec. 6, 2018, the U.S. Court of Appeals for the Eleventh Circuit held that a Chapter 13 plan stating that a secured debt will be paid directly to the creditor does not constitute the debt being “provided for” by the plan, and thereby precluding a discharge of that debt.
The Recorder |News

Newsom Picks Appellate Justice Martin Jenkins for Judicial Appointments Secretary

Cheryl Miller | January 15, 2019

The post gives Jenkins the primary role in vetting candidates for vacancies in the state's 1,800-judge appellate and trial courts.
Daily Report Online |News

In 11th Circuit Case, Justice Breyer Joins Conservative Wing to Uphold Tougher Prison Sentence

Mike Scarcella | January 15, 2019

The 5-4 decision Tuesday in Stokeling v. United States reflected an unusual alignment of the justices. In dissent, Justice Sonia Sotomayor was joined by conservative Chief Justice John Roberts Jr.
Daily Business Review |News

South Florida Career Criminal Case Brings Tougher Sentence in SCOTUS

Mike Scarcella | January 15, 2019

Assistant Federal Public Defender Brenda Bryn of Fort Lauderdale argued the appeal.
National Law Journal |News

Justice Breyer Joins Conservative Wing to Uphold Tougher Prison Sentence

Marcia Coyle | January 15, 2019

The 5-4 decision Tuesday in Stokeling v. United States reflected an unusual alignment of the justices. In dissent, Justice Sonia Sotomayor was joined by conservative Chief Justice John Roberts Jr.
New York Law Journal |

NY Court System Launches Program to Track Evidence Suppression, Police Credibility

Andrew Denney | January 14, 2019

As part of a pilot program that launches Feb. 1, city judges will be required to direct staff to report evidence suppression and issues with police credibility on the stand to court clerks' offices.
The Recorder |Expert Opinion

The USPTO Addresses the Wonderland of Strained Analogies

Michael P. Shepherd | January 14, 2019

The U.S. Patent and Trademark Office, on Jan. 7, issued new examination guidelines to address the often-criticized unpredictability with determining patent-eligibility of abstract ideas after the U.S. Supreme Court's decision in Alice v. CLS Bank (2014).
Litigation Daily |News

California Appeals Judge Accused of Groping Colleagues Faces Misconduct Charges

Cheryl Miller | January 14, 2019

The lawyer for Justice Jeffrey W. Johnson issued a statement denying the allegations. "Justice Johnson remains respectful of the process of investigation and will rely on facts and documents to provide the truth," the attorney said.
The Recorder |News

LA Appeals Judge Accused of Groping Colleague Faces Misconduct Charges

Cheryl Miller | January 14, 2019

The lawyer for Justice Jeffrey W. Johnson issued a statement denying the allegations. "Justice Johnson remains respectful of the process of investigation and will rely on facts and documents to provide the truth," the attorney said.
The Legal Intelligencer |Commentary

Change in Phila. Code Limits Landlords' Right to Evict Tenants Within City

Alan Nochumson | January 14, 2019

Late last year, under Bill Number 170854-A, the city of Philadelphia amended Section 9-804 of the Philadelphia Code which is titled “Unfair Rental Practices, ”limiting the rights of residential landlords to evict their residential tenants within city limits.
New York Law Journal |News

NY Lawmakers Propose Changes to Bill Setting Up Prosecutorial Watchdog

Dan M. Clark | January 14, 2019

The Assembly is expected to pass the amendment on Tuesday, according to a source involved with the legislation.
Delaware Law Weekly |News

Del. Equal Rights Amendment, Nearing Passage, Likely to See Court Challenges

Tom McParland | January 14, 2019

The 35-6 vote sent the Equal Rights Amendment on to the Senate, where lawmakers are also expected this week to approve the second leg of the amendment, completing a legislative process that started last year.
New Jersey Law Journal |Commentary

Notice by Email for Tax Documents Should Be Mandated

Law Journal Editorial Board | January 14, 2019

More than two years ago, we asked the New Jersey Division of Taxation to join the modern business world: to fax or email tax escrow documents. But the Division of Taxation continues to use the mails.
Daily Business Review |News

Florida Pardons 4 African-American Men Accused of 1949 Rape

Brendan Farrington | January 14, 2019

The case of the men known as the Groveland Four has been documented in a book and is considered a blight on Florida's history.

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