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Biden win over Trump in Nevada made official by court
Breaking Legal News |
2020/11/25 10:56
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The Nevada Supreme Court made Joe Biden’s win in the state official on Tuesday, approving the state’s final canvass of the Nov. 3 election.
The unanimous action by the seven nonpartisan justices sends to Democratic Gov. Steve Sisolak results that will deliver six electoral votes from the western U.S. battleground state to Biden.
The court action drew extra scrutiny amid legal efforts by the state GOP and Trump campaign to prevent sending vote-by-mail ballots to all 1.82 million active registered voters and then to stop the counting of the 1.4 million votes that were cast.
Nevada’s six Democratic presidential electors are scheduled to meet Dec. 14 in the state capital of Carson City.
Biden won Nevada by 33,596 votes, according to results approved by elected officials in Nevada’s 17 counties — including Clark County, which encompasses Las Vegas, and Washoe County, which includes Reno.
Biden got 50.06% of the vote and Trump 47.67%. Nevada Secretary of State Barbara Cegavske, a Republican who has avoided the public eye in recent weeks, presented the results to the court.
She noted the first-ever use of all-mail balloting statewide in a general election, same-day voter registration and early voting. “The result was more of a hybrid model where voters had a choice of how to participate,” she said, adding that a record number of voters participated.
Certification of the vote does not stop several lawsuits pending in state and federal courts.
They include bids by two Republican congressional candidates and a state Senate challenger to obtain re-votes in those races, an open-records case by the state GOP, and a U.S. District Court action alleging that thousands of ineligible people voted.
A federal judge in that case declined a bid for an immediate injunction that would have stopped the use of a signature verification scanner during the vote count.
Jesse Binnall, an attorney for the Trump campaign who is handling an election challenge pending before a state court judge, said Tuesday he intends to prove that so many fraudulent votes were cast statewide that Trump won Nevada.
Turnout among the state’s more than 1.8 million active registered voters was almost 77.3%, including mail, early voting and Election Day ballots cast amid the coronavirus pandemic, according to secretary of state data.
That was up from a turnout of 76.8% during the presidential election in 2016, when Democrat Hillary Clinton carried Nevada by a little under 2.5% over Trump. Nevada was one of several states due to certify the election on Tuesday. |
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Our Firm Covers Bankruptcy in the Wake of COVID-19
Breaking Legal News |
2020/11/23 00:45
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Bankruptcy Law Chicago - Bankruptcy Lawyer | Daniel J. Winter
Being a practicing attorney for 30 years, I have been honing my skills every day. In these 30 years, I’ve met with hundreds of clients, and learned how to listen, then how to develop a specific financial plan based on my experience in the Bankruptcy Court.
Not just hear, but actually listen to the clients and hear what they want, their goals, and needs.
These listening skills help me have real-world conversations with my clients. I have detailed discussions about a topic that most people won’t talk about with their own family or friends, money. I let people bare their souls about what has happened to them, and how they have handled their struggles. I listen and learn from them about their businesses, their jobs and their life. I then make sense of it all, and untangle the web of loans, credit cards, mortgages, car loans, medical debt, and personal loans. We talk about all of the options available, both in Bankruptcy Court and out of it.
Using my legal knowledge of the Bankruptcy Court system, and real-world experience, I can then counsel clients on how to prepare for Bankruptcy, the requirements, and best timing for filing for Bankruptcy Relief. This is where my legal experience comes into play. I also can offer my own everyday life experience and offer practical suggestions!
Navigating Bankruptcy Court is different than other Courts in that every case is assigned a Trustee, who conducts a hearing to review their Bankruptcy Petition. The Trustee is the person who reviews each case to determine whether there are issues to bring to the Court’s attention. I have strong working relationships with each Trustee in the Northern District of Illinois. These relationships are based on decades of dealings with each Trustee. In each interaction, my integrity, my work-ethic, and preparedness shows. And the Trustees remember the quality of my work, which benefits each of my clients. |
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US government executes man convicted of killing Texas teen
Breaking Legal News |
2020/11/20 00:46
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Orlando Hall got stiffed on a drug deal and went to a Texas apartment looking for the two brothers who took his money. They weren’t home, but their 16-year-old sister was.
Late Thursday, Hall was put to death for abducting and killing the teenager, Lisa Rene. His was the eighth federal execution this year since the Trump administration revived a process that had been used just three times in the past 56 years. A judge’s stay over concerns about the execution drug gave Hall a reprieve, but for less than six hours. After the Supreme Court overturned the stay, he was put to death just before midnight.
Hall, a changed man in prison according to his lawyers and a church volunteer who had grown close to him, was consoling his family and supporters at the end. “I’m OK,” he said in a final statement, then adding, “Take care of yourselves. Tell my kids I love them.”
As the drug was administered, Hall, 49, lifted his head, appeared to wince briefly and twitched his feet. He appeared to mumble to himself and twice he opened his mouth wide, as if he was yawning. Each time that was followed by short, seemingly labored, breaths. He then stopped breathing. Soon after, an official with a stethoscope came into the execution chamber to check for a heartbeat before Hall was officially declared dead.
Hall’s attorneys also had sought to halt the execution over concerns that Hall, who was Black, was sentenced on the recommendation of an all-white jury. The Congressional Black Caucus asked Attorney General William Barr to stop it because the coronavirus “will make any scheduled execution a tinderbox for further outbreaks and exacerbate concerns over the possibility of miscarriage of justice,” according to a letter to Barr.
Meanwhile, another judge ruled Thursday that the U.S. government must delay until next year the first execution of a female federal inmate in almost six decades after her attorneys contracted the coronavirus visiting her in prison. Lisa Montgomery had been scheduled to be put to death on Dec. 8.
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Court weighs challenge to Colorado discrimination law
Breaking Legal News |
2020/11/17 00:52
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A Colorado web designer should not have to create wedding websites for same-sex couples under the state's anti-discrimination law because it would amount to forced speech that violates her religious beliefs, a lawyer told an appeals court Monday.
Kristen Waggoner, a lawyer for Alliance Defending Freedom, told a three-judge panel of the 10th U.S. Circuit Court of Appeals in Denver that the issue for designer Lorie Smith, who is a Christian, is the message and not the customer.
“No one should be forced to express a message that violates their convictions,” Waggoner said during the virtual hearing. She is trying to revive a lawsuit challenging the state’s law, which her group also targeted on behalf of Colorado baker Jack Phillips in a case decided in 2018 by the U.S. Supreme Court.
The high court decided the Colorado Civil Rights Commission had acted with anti-religious bias against Phillips after he refused to bake a cake for two men who were getting married. But it did not rule on the larger issue of whether a business can invoke religious objections to refuse service to LGBT people.
On Monday, Chief Judge Timothy Tymkovich asked what Smith would do if she was approached by a straight wedding planner asking her to create four heterosexual wedding sites and one for a same-sex wedding. Waggoner said Smith would not take that job.
Colorado Solicitor General Eric Olson questioned whether Smith should even be allowed to challenge the law since she has not started offering wedding websites yet.
But if she did, he said her argument would mean she would refuse to create a website for a hypothetical same-sex couple named Alex and Taylor but agree to make the same one for an opposite sex couple with the same names. He said that would be discrimination under the Colorado Anti-Discrimination Act, which prohibits discrimination on the basis of sexual orientation. |
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GOP tries again to get high court to ax health care law
Breaking Legal News |
2020/11/10 10:51
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A week after the 2020 election, Republican elected officials and the Trump administration are advancing their latest arguments to get rid of the Affordable Care Act, a long-held GOP goal that has repeatedly failed in Congress and the courts. In arguments scheduled for Tuesday, the Supreme Court will hear its third major fight over the 10-year-old law, popularly known as “Obamacare.” Republican attorneys general in 18 states and the administration want the whole law to be struck down, which would threaten coverage for more than 23 million people.
It would wipe away protections for people with preexisting medical conditions, subsidized insurance premiums that make coverage affordable for millions of Americans and an expansion of the Medicaid program that is available to low-income people in most states. California is leading a group of Democratic-controlled states that is urging the court to leave the law in place.
The case comes to a court that now has three justices appointed by President Donald Trump: Neil Gorsuch, Brett Kavanaugh and Amy Coney Barrett, who joined the court late last month following her hurried nomination and confirmation to replace the late Justice Ruth Bader Ginsburg. The three Trump appointees have never ruled on the substance of the health care law. Barrett, though, has been critical of the court’s earlier major health care decisions sustaining the law, both written by Chief Justice John Roberts.
The Supreme Court could have heard the case before the election, but set arguments for a week after. The timing could add a wrinkle to the case since President-elect Joe Biden strongly supports the health care law.
The case turns on a change made by the Republican-controlled Congress in 2017 that reduced the penalty for not having health insurance to zero. Without the penalty, the law’s mandate to have health insurance is unconstitutional, the GOP-led states argue.
If the mandate goes, they say, the rest of the law should go with it because the mandate was central to the law’s passage. But enrollment in the law’s insurance markets stayed relatively stable at more than 11 million people, even after the effective date of the penalty’s elimination in 2019. According to the nonpartisan Kaiser Family Foundation, enrollment dropped by about 300,000 people from 2018 to 2019. Kaiser estimates 11.4 million people have coverage this year.
Another 12 million people have coverage through the law’s Medicaid expansion. The legal argument could well turn on the legal doctrine of severability, the idea that the court can excise a problematic provision from a law and allow the rest of it to remain in force. The justices have done just that in other rulings in recent years.
But in the first big ACA case in 2012, Justices Samuel Alito and Clarence Thomas voted to strike down the whole law. Roberts and Justices Stephen Breyer, Elena Kagan and Sonia Sotomayor have voted to uphold it. A limited ruling would have little real-world consequences. The case could also be rendered irrelevant if the new Congress were to restore a modest penalty for not buying health insurance. A decision is expected by late spring.
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Election 2020 Today: No winner yet, Trump’s court threat
Breaking Legal News |
2020/11/06 12:06
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NO WINNER: President Donald Trump carried the prized battleground of Florida, then he and Democrat Joe Biden shifted their focus to three Northern industrial states ? Wisconsin, Michigan and Pennsylvania ? that could prove crucial in determining who wins the White House. A late burst of votes in Wisconsin from Milwaukee gave Biden a small lead, but the state remained too early to call early Wednesday. Michigan and Pennsylvania also remained too early to call with hundreds of thousands of outstanding votes in both states.
COURT CHALLENGE: Trump says he’ll take the presidential election to the Supreme Court, but it’s unclear what he means in a country in which vote tabulations routinely continue beyond Election Day and states largely set the rules for when the count has to end. Trump says “we want all voting to stop,” but the voting is over. It’s only counting that is taking place across the nation. No state will count absentee votes that are postmarked after Election Day. Biden’s campaign called Trump’s statement “outrageous, unprecedented, and incorrect.”
STATUS QUO: Their hopes fading for Senate control, Democrats had a disappointing election night as Republicans swatted down an onslaught of challengers and fought to retain their majority. Several races remained undecided, and at least one headed to a runoff in January. It was a jarring outcome for Democrats, who had devised an expanded political map, eager to provide a backstop against Trump and his party’s grip on the Senate. The voters’ choices will force a rethinking of Democratic Party strategy, messaging and approach from the Trump era.
HOUSE CONTROL: Democrats are driving toward extending their control of the House for two more years but with a potentially shrunken majority. They have lost six incumbents and failed to oust any Republican lawmakers in initial returns. The only gains for Democrats have been two North Carolina seats vacated by GOP incumbents after a court-ordered remapping. Though Democrats seem likely to retain House control, the results have been disappointing for the party, which had hoped to make modest gains of perhaps 15 seats.
BALLOT MEASURES: A nationwide push to relax drug laws took a significant step forward. Voters in Arizona and New Jersey added their states to the list of places legalizing marijuana for adults. And Oregon became the first state to decriminalize possession of small amounts of hard drugs such as cocaine, heroin and methamphetamine. Louisiana voters approved an amendment saying there is no state constitutional right to abortion, but Colorado voters defeated abortion limitations. Florida voters approved a measure to gradually raise the minimum wage to $15 an hour. And Mississippi voters approved a new flag.
QUOTABLE: “We’ll be going to the U.S. Supreme Court ? we want all voting to stop.” ? Trump declared even though voting had ended and it’s only counting that is taking place across the nation.
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US to get 9th justice with Dems powerless to block Barrett
Breaking Legal News |
2020/10/27 16:32
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A divided Senate is set to confirm Amy Coney Barrett to the Supreme Court, giving the country a ninth justice Monday as Republicans overpower Democratic opposition to secure President Donald Trump’s nominee the week before Election Day.
Democratic leaders asked Vice President Mike Pence to stay away from presiding over her Senate confirmation due to potential health risks after his aides tested positive for COVID-19. But although Pence isn’t needed to break a tie, the vote would present a dramatic opportunity for him to preside over confirmation of Trump’s third Supreme Court justice.
Senate Democratic leader Chuck Schumer and his leadership team wrote that not only would Pence’s presence violate Centers for Disease Control and Prevention guidelines, “it would also be a violation of common decency and courtesy.”
But Senate Republicans control the chamber and Barrett’s confirmation isn’t in doubt. Senate Majority Leader Mitch McConnell scoffed at the “apocalyptic” warnings from critics that the judicial branch was becoming mired in partisan politics as he defended its transformation under his watch.
“This is something to be really proud of and feel good about,” the Republican leader said Sunday during a rare weekend session.
McConnell said that unlike legislative actions that can be undone by new presidents or lawmakers, “they won’t be able to do much about this for a long time to come.”
Schumer, of New York, said the Trump administration’s drive to install Barrett during the coronavirus crisis shows “the Republican Party is willing to ignore the pandemic in order to rush this nominee forward.”
To underscore the potential health risks, Schumer urged his colleagues Sunday not to linger in the chamber but “cast your votes quickly and from a safe distance.” Some GOP senators tested positive for the coronavirus following a Rose Garden event with Trump to announce Barrett’s nomination, but they have since said they have been cleared by their doctors from quarantine. Pence’s office said the vice president tested negative for the virus on Monday.
The confirmation was expected to be the first of a Supreme Court nominee so close to a presidential election. It’s also one of the first high court nominees in recent memory receiving no support from the minority party, a pivot from not long ago when a president’s picks often won wide support. |
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Class action or a representative action is a form of lawsuit in which a large group of people collectively bring a claim to court and/or in which a class of defendants is being sued. This form of collective lawsuit originated in the United States and is still predominantly a U.S. phenomenon, at least the U.S. variant of it. In the United States federal courts, class actions are governed by Federal Rules of Civil Procedure Rule. Since 1938, many states have adopted rules similar to the FRCP. However, some states like California have civil procedure systems which deviate significantly from the federal rules; the California Codes provide for four separate types of class actions. As a result, there are two separate treatises devoted solely to the complex topic of California class actions. Some states, such as Virginia, do not provide for any class actions, while others, such as New York, limit the types of claims that may be brought as class actions. They can construct your law firm a brand new website, lawyer website templates and help you redesign your existing law firm site to secure your place in the internet. |
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