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Suit seeks to overturn renewed Philadelphia mask mandate
Breaking Legal News | 2022/04/16 15:46
Several businesses and residents have filed suit in state court in Pennsylvania seeking to overturn Philadelphia’s renewed indoor mask mandate scheduled to be enforced beginning Monday in an effort to halt a surge in COVID-19 infections.

The lawsuit, filed in Commonwealth Court on Saturday, said Philadelphia lacks the authority to impose such a mandate.

Philadelphia earlier this week became the first major U.S. city to reinstate its indoor mask mandate after reporting a sharp increase in coronavirus infections, with the city’s top health official saying she wanted to forestall a potential new wave driven by an omicron subvariant.

Attorney Thomas W. King III, who was among those involved in last year’s successful challenge to the statewide mask mandate in schools, said the city’s emergency order went against recommendations of the federal Centers for Disease Control and Prevention and “imposed a renegade standard unfound anywhere else in the world.”

The suit accuses city health officials of having “usurped the power and authority” of state lawmakers, the state department of health and the state advisory health board.

Kevin Lessard, communications director of the Philadelphia mayor’s office, said officials were “unable to comment on this particular case” but cited a court’s denial of an emergency motion by another plaintiff for a preliminary injunction against the mandate. Lessard said “the courts once again confirmed that city has both the legal authority and requisite flexibility to enact the precautionary measures necessary to control the spread of COVID-19.”

Most states and cities dropped their masking requirements in February and early March following new guidelines from the CDC that put less focus on case counts and more on hospital capacity and said most Americans could safely take off their masks.

Philadelphia had ended its indoor mask mandate March 2. But on Monday Dr. Cheryl Bettigole, the health commissioner, cited a more than 50% rise in confirmed COVID-19 cases in 10 days, the threshold at which the city’s guidelines call for people to wear masks indoors.




Kansas AG asking judge to dismiss redistricting lawsuits
Breaking Legal News | 2022/03/09 10:14
Attorney General Derek Schmidt is asking a Wyandotte County judge to dismiss two lawsuits filed over new Kansas congressional district lines enacted by Republican lawmakers.

Schmidt’s request Monday came three days after the Kansas Supreme Court refused to dismiss the lawsuits and another in Douglas County at the Republican attorney general’s request.

Democrats and the voting-rights group Loud Light argue that the congressional redistricting law enacted over Democratic Gov. Laura Kelly’s veto represents partisan and racial gerrymandering. They say it violates the Kansas Constitution. They’re suing Secretary of State Scott Schwab and county election officials because they would administer the new law.

The map makes it harder for the only Kansas Democrat in Congress, Rep. Sharice Davids, to get reelected in her Kansas City-area district.

Schmidt and fellow Republicans argue that the new map isn’t gerrymandering and even if it were, state courts have no power under the Kansas Constitution to rule on congressional districts.


Maryland governor appoints 2 to state’s highest court
Breaking Legal News | 2022/02/18 13:18
Maryland Gov. Larry Hogan announced the appointments of two judges to the state’s highest court on Thursday.

Harford County Circuit Court Judge Angela Eaves has been appointed to the Maryland Court of Appeals. Eaves, who is the first Hispanic judge appointed to the court, has been nominated to succeed Judge Robert McDonald upon his mandatory retirement later this month.

Hogan also announced the appointment of Judge Matthew Fader, of Howard County, to the Court of Appeals. Fader is currently the chief judge of the Court of Special Appeals, Maryland’s intermediate-appellate court. He has been appointed to succeed Judge Joseph Getty upon his mandatory retirement in April.

The Republican governor also announced that Court of Special Appeals Judge E. Gregory Wells will serve as the new chief judge of that court.

In addition, Hogan appointed Montgomery County Circuit Court Judge Anne Albright to fill the seat that will open on the Court of Special Appeals with Fader’s departure.


Democrats sue to overturn new Kansas congressional districts
Breaking Legal News | 2022/02/14 14:12
Democrats sued Kansas officials on Monday over a Republican redistricting law that costs the state’s only Democrat in Congress some of the territory in her Kansas City-area district that she carries by wide margins in elections.

A team of attorneys led by Democratic attorney Marc Elias’ firm filed the lawsuit in Wyandotte County District Court in the Kansas City area. Elias has been involved in lawsuits in multiple states, including Georgia, North Carolina and Ohio, and he promised that the new Kansas map would be challenged when the GOP-controlled Legislature on Wednesday overrode Democratic Gov. Laura Kelly’s veto of it.

The lawsuit was filed on behalf of five voters and a Kansas voting-rights group, Loud Light. The defendants are the elections commissioner for Kansas City, Kansas, and Kansas Secretary of State Scott Schwab, the state’s top elections official.

Kansas is part of a broader national battle over redrawing congressional districts. Republicans hope to recapture a U.S. House majority in this year’s elections, and both parties are watching states’ redistricting efforts because they could help either pick up or defend individual seats.

The Kansas redistricting law removes the northern part of Kansas City, Kansas, from the 3rd District that U.S. Rep. Sharice Davids represents and puts it in the neighboring 2nd District, which includes the state capital of Topeka but also rural communities across eastern Kansas. Kansas City is among Republican-leaning Kansas’ few Democratic strongholds.

Elias has said the GOP map for Kansas is “blatantly unconstitutional.” Democrats argued that it amounts to partisan gerrymandering aimed at costing Davids’ her seat, while diluting the clout of Black and Hispanic voters by cutting their numbers in her district. They also have argued that the map is unacceptable because it fails to keep the core of the state’s side of the Kansas City area in a single district.


Moats named to temporary seat on West Virginia Supreme Court
Breaking Legal News | 2022/02/07 10:54
A circuit judge has been appointed to a temporary seat on the West Virginia Supreme Court after the resignation of Justice Evan Jenkins.

Chief Justice John Hutchison on Monday appointed Alan D. Moats to the high court. Moats has served in the judicial circuit covering Barbour and Taylor counties since 1997.

Moats will serve on the Supreme Court until Gov. Jim Justice appoints someone to the seat. That person then would serve until a election can be held for the remainder of Jenkins’ term through 2024.

Jenkins announced Friday that he is resigning to return to private law practice.

Jenkins was appointed and then elected to the seat of retired Justice Robin Davis following the Supreme Court’s 2018 impeachment scandal.


Suits target New Orleans virus rules, some affect Mardi Gras
Breaking Legal News | 2022/02/04 14:39
More than 100 people have joined a lawsuit against New Orleans’ mayor and health director over COVID-19 restrictions that recently were extended to parade and other participants on Mardi Gras and during the season leading up to it.

The lawsuit against Mayor LaToya Cantrell and health director Jennifer Avegno targets mask and vaccination mandates, news outlets reported.

It was filed Monday in state court by Alexandria attorney Jimmy Faircloth, who has lost federal court challenges to restrictions aimed at slowing the spread of COVID-19, The Times-Picayune / The New Orleans Advocates noted.

“Traditionally, we do not comment on active or pending litigation,” City Hall spokesman Beau Tidwell said during a news conference Tuesday. “However, in this case I think it’s worth noting that the guidelines that we put in place saved lives, full stop. The vaccine mandate and the mask requirements are going to remain in place throughout Mardi Gras.”

Fat Tuesday will be March 1 this year. The 2020 festival was later recognized as a super spreader that turned New Orleans into an early pandemic hot spot. Last season, parades were canceled and bars were shuttered in the city.

This year, masks are required in bars, restaurants and other public spaces. And children as young as 5 must show proof of vaccination or a recent negative test for the virus to get into indoor public areas.

The new lawsuit accuses Cantrell and Avegno, who often have gone beyond state restrictions, of taking “authoritarian actions under the pretext of an emergency without end,” the newspaper reported.

The plaintiffs, mostly from New Orleans and neighboring Jefferson Parish, want Judge Robin Giarrusso to halt the requirements while the lawsuit is in court.


Palin COVID-19 tests delay libel trial against NY Times
Breaking Legal News | 2022/01/25 16:19
An unvaccinated former Alaska Gov. Sarah Palin tested positive for COVID-19 Monday, forcing a postponement of a trial in her libel lawsuit against The New York Times.

The Republican’s positive test was announced in court just as jury selection was set to begin at a federal courthouse in New York City.

Palin claims the Times damaged her reputation with an opinion piece penned by its editorial board that falsely asserted her political rhetoric helped incite the 2011 shooting of then-Arizona U.S. Rep. Gabby Giffords. The newspaper has conceded the initial wording of the editorial was flawed, but not in an intentional or reckless way that made it libelous.

U.S. District Judge Jed Rakoff said the trial can begin Feb. 3 if Palin, 57, has recovered by then.

Palin, a one-time Republican vice presidential nominee, has had COVID-19 before. She’s urged people not to get vaccinated, telling an audience in Arizona last month that “it will be over my dead body that I’ll have to get a shot.”

When he first announced that Palin had gotten a positive result from an at-home test, Rakoff said: “She is, of course, unvaccinated.”

Additional tests in the morning also came out positive, Palin’s lawyer told the court.

“Since she has tested positive three times, I’m going to assume she’s positive,” the judge said.

Rakoff said that courthouse rules would permit her to return to court Feb. 3, even if she still tests positive, as long as she has no symptoms. If she does have symptoms, she can be looked at on Feb. 2 by a doctor who provides services to the courts, he said.

On Saturday, Shawn McCreesh, a features writer for New York Magazine tweeted that Palin was seen at Elio’s restaurant on Manhattan’s Upper East Side and he quipped in a follow-up tweet: “My mom thought she was Tina Fey.” Fey was widely praised for her portrayal of Palin on Saturday Night Live when Palin was campaigning for vice president in 2008.

Luca Guaitolini, a restaurant manager, confirmed she had slipped through vaccination checks and dined at the restaurant known for attracting famous customers in violation of the city’s rule that restaurant guests must prove vaccination to be served. He said the restaurant was not making further statements.


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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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