James Klatsky, Esq., Law Offices
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Do any of the Trump followers demanding repeal of Section 230 understand that repeal will force social media to delete all the election-fraud posts? Not just Facebook or Twitter but Parler and other rightwing social media too.
Judge Rejects Bid for US Government to Sub in for Trump as Defendant in Defamation Lawsuit | New York Law Journal
Correctly decided. The taxpayers should not have to pay for Trump defaming someone.
Judge Rejects Bid for US Government to Sub in for Trump as Defendant in Defamation Lawsuit | New York Law Journal Even if the president was an employee, U.S. District Judge Lewis Kaplan ruled, he would not have been acting within the scope of his job when he made public comments about sexual misconduct allegations leveled against him.
Trump-Loving Anti-Mask Pastor Threatens Dunkin’ Donuts Employee With Assault
If he was charged, could his profession be excluded on an in limine motion as prejudicial?
Trump-Loving Anti-Mask Pastor Threatens Dunkin’ Donuts Employee With Assault More Of That Christian Love: Trump-loving Pastor Greg Locke threatens a Dunkin’ Donuts employee with assault after being asked to wear a face mask. Locke
Here is the Supreme Court opinion in Trump v. Mazars (the Congressional subpoena case)https://www.supremecourt.gov/opinions/19pdf/19-715_febh.pdf
Here is the Supreme Court opinion in Trump v. Vance (the New York district attorney's subpoena)https://www.supremecourt.gov/opinions/19pdf/19-635_o7jq.pdf
Florida Lawyer Wears Full Hazmat Suit to Court Amid COVID-19 Crisis : General Counsel News
Florida Lawyer Wears Full Hazmat Suit to Court Amid COVID-19 Crisis : General Counsel News “Miami lawyer Samuel J. Rabin Jr. decided not to take any chances when he went to the federal courthouse recently for his client’s sentencing hearing amid the novel coronavirus crisis,” reports Debra Cassens Weiss in ABA Journal’s News.
The Supreme Court opinion in Bostock v. Clayton, issued this morning:https://www.supremecourt.gov/opinions/19pdf/17-1618_hfci.pdf
What is Section 230 and why does Donald Trump want to change it?
This article was written a year ago, but it does explain the law
What is Section 230 and why does Donald Trump want to change it? Section 230 is one of the pieces of legislation that allowed today’s internet—and Facebook, Twitter, and YouTube—to develop. Now, it’s being accused of enabling everything from anti-conservative censorship to revenge p**n, and politicians on both sides of the aisle are calling for change. Mo...
Woman arrested after using ax to break into Brooklyn Supreme Court: report
I have a few clients who call me asking when their cases will start moving forward again, but they haven't yet resorted to this.
Woman arrested after using ax to break into Brooklyn Supreme Court: report NEW YORK (1010 WINS) -- Officials arrested a woman on Sunday they say broke into a closed courtroom at Brooklyn Supreme Court. According to the New York Post, 35-year-old Jessica Pena broke into the courthouse located at 360 Adams Street by using an ax to bust through a window. She then made her way...
Brooklyn Supreme Court Justice’s Death Linked to Coronavirus, First for New York Judiciary | New York Law Journal
Sad news. He was a gentleman on the bench.
Brooklyn Supreme Court Justice’s Death Linked to Coronavirus, First for New York Judiciary | New York Law Journal Fifteen COVID-19 cases have been reported among New York judges as of midday Tuesday, state court spokesman Lucian Chalfen said.
Brooklyn Federal Court Bars Visitors With Higher Risk of Coronavirus Exposure | New York Law Journal
I don't know how they plan to enforce this, but there is also talk about changing court appearances to conference calls.
Brooklyn Federal Court Bars Visitors With Higher Risk of Coronavirus Exposure | New York Law Journal The order issued by Chief Judge Roslynn Mauskopf was dated Monday and is similar to an order issued in the Southern District of New York, which restricted visitors who have traveled to highly affected countries.
'You Are Acting Inappropriately': 2nd Circuit Scolds Lawyer Before Kicking Him Out | New York Law Journal
I have never heard of an attorney being thrown out of an argument in an appellate court
'You Are Acting Inappropriately': 2nd Circuit Scolds Lawyer Before Kicking Him Out | New York Law Journal In an interview hours after the hearing, New York lawyer Todd Bank said he could have been more cordial, but he didn't regret his comments in court.
Trump Says He’s ‘Strongly’ Considering Impeachment Testimony
If he was my client, I would tell him don't do it. Impeachment is without prejudice to a criminal prosecution, and anything he testifies about could be used against him, unless he takes the Fifth Amendment. Trump does have a reputation among attorneys as being a difficult client who doesn't like to listen to lawyers.
Trump Says He’s ‘Strongly’ Considering Impeachment Testimony Donald Trump said Monday that he’s “strongly considering” testifying in his own impeachment inquiry, complimenting House Speaker Nancy Pelosi for the idea in a tweet after again insulting her and congressional Democrats for pursuing his removal from office.
Judge Jack Weinstein Focuses on Lawyers’ Mental Health in Statement on 'Trial-by-Combat' Lawyer’s Sentence | New York Law Journal
I did a trial before Weinstein which might as well have been trial by combat
Judge Jack Weinstein Focuses on Lawyers’ Mental Health in Statement on 'Trial-by-Combat' Lawyer’s Sentence | New York Law Journal Since lawyers are accustomed to staying up to date on legal issues through continuing education classes, defense lawyer Arthur Aidala suggested they could learn coping skills in a similar format.
This is the opinion of the Second Circuit in the Trump Emoluments Clause litigationhttp://www.ca2.uscourts.gov/decisions/isysquery/0ece2b5c-160b-48dc-9134-04163bc7394a/2/doc/18-474_complete_opn.pdf =http://www.ca2.uscourts.gov/decisions/isysquery/0ece2b5c-160b-48dc-9134-04163bc7394a/2/hilite/
Trump’s racist comments can be used against him in court as judges cite them to block policies
Ever since Al Gore invented the internet, I have been telling clients that anything you post on line can be used against you in court. That applies equally to private citizens as it does to the president. Tie up your thumbs.
msn.com His latest remarks about four congresswomen of color will add to a record that has affected immigration and other cases.
Barr says he doesn't think Obama-era Justice officials committed treason
The Founding Fathers expressly defined treason in the Constitution as levying war on the United States, because they anticipated that there would be someone like Trump. As Madison wrote in Federalist no. 43, the Constitution adopted that definition because "newfangled and artificial treasons have been the great engines by which violent factions... have usually wreaked their alternate malignity on each other" and that "the convention have … opposed a barrier to this peculiar danger, by inserting a constitutional definition of the crime."
msn.com Attorney General William Barr said in an interview with "CBS This Morning" airing Friday that he doesn't think Obama-era Justice officials committed treason "as a legal matter."When asked by reporter Jan Crawford whether Barr believes that Obama-era officials committed treason, Barr replied "not as....
Life In Prison For White Supremacist Convicted Of Stabbing Black Man To Death Near Times Square
Most people don't realize that New York actually does have a life without parole sentence, but only for a few very unusual crimes. One of those is murder as an act of terrorism, and this man was the first person sentence to life without parole for that crime.https://newyork.cbslocal.com/2019/02/13/james-jackson-sentencing-times-square-killing/
Life In Prison For White Supremacist Convicted Of Stabbing Black Man To Death Near Times Square James Jackson, 30, fatally stabbed Timothy Caughman, 66, in the back with a sword on March 20, 2017 near Times Square.
Judge Says U.S. ‘Laughable’ for Using Shutdown to Delay Suit (1)
Judge Says U.S. ‘Laughable’ for Using Shutdown to Delay Suit (1) Connecting decision makers to a dynamic network of information, people and ideas, Bloomberg quickly and accurately delivers business and financial information, news and insight around the world.
Courts Run Out of Cash Next Friday. Here’s What Happens Then (1)
This is going to be very bad
Courts Run Out of Cash Next Friday. Here’s What Happens Then (1) Connecting decision makers to a dynamic network of information, people and ideas, Bloomberg quickly and accurately delivers business and financial information, news and insight around the world.
Facebook let Netflix and Spotify read the private messages of its users
All communications to an attorney should be done by email or telephone and not by Facebook messages.
Facebook let Netflix and Spotify read the private messages of its users The New York Times reports that Facebook let Netflix and Spotify read the private messages of its users among other things; everything it’s said about protecting user privacy has been a slipp…
Animal Rights Group Can't Compel NYC to Stop Chicken-Slaughtering Ritual, High Court Rules | New York Law Journal
Animal Rights Group Can't Compel NYC to Stop Chicken-Slaughtering Ritual, High Court Rules | New York Law Journal A unanimous panel wrote that it is “well settled” that the “extraordinary remedy” of a writ of mandamus can be used to force a government to perform a ministerial duty but “it will not be awarded to compel an act in respect to which [a public] officer may exercise judgment or discretion.
How Clients Contribute to Mental Health Problems at Law Firms | The Recorder
How Clients Contribute to Mental Health Problems at Law Firms | The Recorder What role do clients play in putting undue pressure on partners who then pass it on to associates?
The Power of Treating People with Respect
I've been in that court and it is as bad as they say. I haven't been before Judge Pratt, but she is well known as someone trying to make some headway through the system.
Judge clears way for controversial Brooklyn housing development
Several years ago, I had some involvement in this case, in which not only the main developers but others in the area were prevented from building on their property by frivolous land-use litigation. Although I haven't been involved in it since, I am pleased to see that the Court ultimately agreed with our point of view.
Judge clears way for controversial Brooklyn housing development Court had halted construction on Pfizer site at the long-disputed Broadway Triangle
Avenatti: Cohen should sign a public statement vowing not to accept a pardon from Trump
Yes, you can refuse to accept a presidential pardon. The only time it has ever happened was during the administration of Andrew Jackson, but the Supreme Court held that the recipient can refuse a pardon.
msn.com Michael Avenatti on Wednesday called for President Trump's former lawyer, Michael Cohen, to sign a public statement vowing not to accept a pardon from Trump.
Supreme Court deals major blow to public sector unions
Should people who refuse to contribute to collective bargaining fees be required to waive any claim for union benefit funds?
Supreme Court deals major blow to public sector unions The Supreme Court dealt a major blow to public sector unions on Wednesday in a case that could shake their financial structure and undermine their future stability.
U.S. high court poised to rule on Trump travel ban, other cases
U.S. high court poised to rule on Trump travel ban, other cases The U.S. Supreme Court, winding down its nine-month term, will issue rulings this week in its few remaining cases including a major one on the legality of President Donald Trump's ban on people from five Muslim-majority nations entering the country.
Dowd resigns as Trump's lawyer
Lawyers do not withdraw from major cases without a very good reason. The last paragraph of the story points out that it is an unanswered question whether the President can be indicted without being impeached first.
The impeachment clause of the Constitution states that impeachment is limited to removal from office, without prejudice to criminal charges. Since no president has ever been indicted, it is an unresolved question of constitutional law whether the president has to be impeached first before he can be indicted.
Dowd resigns as Trump's lawyer President Donald Trump's lead lawyer, John Dowd, has resigned from the President's personal legal team handling the response to the Russia investigation.
FCC gets complaints over reports about Trump's 's--thole' remark
Not that the FCC is taking any action, or that it would be upheld by the courts if it did. But if the FCC did take action, would it be a defense that the chief executive used the term? Shades of George Carlin and the Seven Dirty Words.
FCC gets complaints over reports about Trump's 's--thole' remark Some people weren't too happy about flipping on their TVs Thursday night to see the word "s--thole" slapped on chyrons in capital letters.
Stambovsky v. Ackley - Wikipedia
Since it is Halloween, it is time to recall Stambovsky v. Ackley, the case that granted rescission of the sale of a house because the buyer found out after that fact that the seller published an article in the local paper about how "My House is Haunted."
I happened to be there the day after that ruling to meet with one of the staff counsel, and I had to ask him "what were you guys thinking?'
Be that as it may, the real estate brokers' lobby got a law passed saying that a broker is still entitled to a commission if the house is supposedly haunted, making New York one of the few states that actually has a law about haunted houses.
Stambovsky v. Ackley - Wikipedia Stambovsky v. Ackley, 169 A.D.2d 254 (N.Y. App. Div. 1991), commonly known as the Ghostbusters ruling, is a case in the New York Supreme Court, Appellate Division, that held that a house, which the owner had previously advertised to the public as haunted by ghosts, legally was haunted for the purpos...
I receive dozens of solicitations from legal vendors, but this morning I received one from Jeff Davis. I knew that the Confederate president went into the insurance business after he was released from prison, but I did not know he did a business in illustrations for jury trials.
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