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Federal judge leaves CDC evictions moratorium in place
Legal News |
2021/08/16 00:41
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A federal judge is refusing landlords’ request to put the Biden administration’s new eviction moratorium on hold, though she made clear she thinks it’s illegal.
U.S. District Judge Dabney Friedrich on Friday said her “hands are tied” by an appellate ruling the last time courts considered the evictions moratorium in the spring.
Alabama landlords who are challenging the moratorium are likely to appeal.
Friedrich wrote that the new temporary ban on evictions the Centers for Disease Control and Prevention imposed last week is substantially similar to the version she ruled was illegal in May. At the time, Freidrich put her ruling on hold to allow the administration to appeal.
This time, she said, she is bound to follow a ruling from the appeals court that sits above her, the U.S. Court of Appeals for the District of Columbia Circuit.
If the D.C. Circuit doesn’t give the landlords what they want, they are expected to seek Supreme Court involvement.
In late June, the high court refused by a 5-4 vote to allow evictions to resume. Justice Brett Kavanaugh, part of the slim majority, said he agreed with Friedrich, but was voting to keep the moratorium in place because it was set to expire at the end of July.
Kavanaugh said then that he would reject any additional extension without clear authorization from Congress, which has not been able to take action.
In discussing the new moratorium last week, President Joe Biden acknowledged there were questions about its legality, but said a court fight over the new CDC order would buy time for the distribution of some of the $45 billion in rental assistance that has been approved but not yet used.
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Court tosses ruling against Pennsylvania COVID-19 measures
Court Center |
2021/08/13 03:41
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A federal appeals court has dismissed a judge’s ruling that threw out Gov. Tom Wolf’s sweeping COVID-19 restrictions, saying the issue is now moot because statewide mitigation measures have expired and Pennsylvania voters have since constrained a governor’s emergency powers.
The 3rd U.S. Circuit Court of Appeals ruled that since Wolf’s stay-at-home order, limits on crowd size and business closures are no longer in effect, there is “consequently no relief that this court can grant.”
The Philadelphia-based appeals court also noted that Pennsylvania voters in May approved amendments to the state constitution that give lawmakers much more power over disaster declarations.
The appeals court’s order instructed U.S. District Judge William Stickman IV to vacate his nearly year-old ruling that Wolf’s pandemic restrictions were overreaching and arbitrary and violated citizens’ constitutional rights. The appeals court had previously put the ruling on hold while the Wolf administration appealed.
Stickman, who was appointed by former President Donald Trump, had sided with plaintiffs that included hair salons, drive-in movie theaters, a farmer’s market vendor, a horse trainer and several Republican officeholders in their lawsuit against Wolf, a Democrat, and his health secretary.
Writing separately, 3rd Circuit Judge Kent Jordan said that while he agreed with the majority that the case is legally moot, he noted the Wolf administration has said the constitutional amendments do not affect a state health secretary’s disease-prevention authority to issue mask-wearing and stay-at-home orders or shut down schools and nonessential businesses.
At the same time, Wolf administration officials have said they have no intention of restoring such statewide mitigation measures, even as the highly contagious delta variant of the coronavirus has led to sharply rising infections and hospitalizations.
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Tips on a Great Law Firm Homepage
Legal News |
2021/08/10 03:50
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Here at Law Promo, we understand the importance of a great first impression especially when it comes to law firm web design.
Your website only has a few seconds to show a visitor it is worth their time to find out whether you can help them. Law Promo’s state-of-the-art web development principles are proven to capture the viewer’s attention. From our years of dedication to serving law firms, we know the factors that motivate visitors to establish a point of contact.
Since 2004, over 3,000 lawyers have made Law Promo the sole solution to their web design and online marketing needs.
Read more |
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Order: Mississippi judges have discretion for COVID safety
Top Legal News |
2021/08/07 18:59
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Mississippi judges have the power to delay trials, limit the number of spectators in courtrooms or take other steps to try to slow the spread of COVID-19, the leader of the state Supreme Court says in an emergency order.
Chief Justice Michael Randolph issued the order Thursday in response to the rapid spread of illness caused by highly contagious delta variant of the virus.
Mississippi has one of the lowest COVID-19 vaccination rates in the nation, and the state health officer, Dr. Thomas Dobbs, said Friday that 97% of new cases of COVID-19 in Mississippi are among people who are unvaccinated.
Randolph’s order said judges may postpone jury trials that are scheduled through Sept. 10. In addition to limiting the number of spectators in courtrooms, judges may require people to wear masks and maintain distance between each other. The order encouraged courts to use teleconferencing and videoconferencing, when possible.
Plea hearings in felony cases must still take place in person, but defendants and others in the courtrooms should wear masks and maintain social distancing.
“Any in-person proceedings shall be limited to attorneys, parties, witnesses, security officers, members of the press and other necessary persons, as determined by the trial judge,” Randolph wrote.
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New Rochelle Child Custody Lawyers Website
Firm Websites |
2021/08/02 21:41
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During a divorce, the hardest part for the parties involved and the child is dealing with child custody.
Child custody is a very sensitive subject and can lead to strong disagreements between spouses. The fighting can be very traumatic for a child going through a parental divorce so it is imperative to make the process as easy as possible.
The court takes many things into consideration when deciding the outcome in this type of family matter. The benefit of the child or children involved is always the most important aspect, however, details about the parents and the marriage are taken into consideration. Some factors that will be considered in a child custody case include:
Read more.
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Business Counseling Blog Design – Law Promo
Firm Websites |
2021/07/31 12:22
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When it comes to integrated blog designs, Law Promo offers two blogging platforms. Our most popular integrated blog for law firm website designs is the WordPress blog. WordPress is one of the most user-friendly content management systems around. Our other integrated blog for attorney website designs is the Joomla blog.
Integrated blogs for a law firm web design are meant to enhance a visitor’s experience with the website by providing fluidity. The purpose is to make a website’s functions flow with each click of a link. The difference between the WordPress CMS and the Joomla CMS lies in the organization's ability and blog updates.
Read more.
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40-year sentence upheld for man who killed his roommate
Legal News |
2021/07/25 00:30
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Maine’s supreme court has upheld a 40-year prison sentence imposed on a man who killed his roommate in Old Orchard Beach.
Dustan Bentley pleaded guilty to murder in the death of 65-year-old William Popplewell, who was beaten, stabbed, and strangled with a ligature.
Police arrested Bentley as he was attempting to use a ratchet and strap to pull the body into the trunk of his car, which was lined with a shower curtain. An autopsy revealed the victim suffered multiple broken bones and had been stabbed up to 30 times.
The Maine Supreme Judicial Court unanimously ruled that there was nothing in the record to indicate that the judge made a mistake.
“At no point did the court depart from sentencing principles or abuse its discretion in coming to or issuing its sentence,” the court said.
Bentley and Popplewell met at a Portland homeless shelter, and Bentley later moved into Popplewell’s apartment in Old Orchard Beach in December 2018. Popplewell was killed in March 2019.
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