|
|
|
Appeal in John Steinbeck lawsuit heard in court
Top Court Watch |
2019/08/07 18:27
|
Both sides had another day in court Tuesday in a family battle that has been waged for decades over who controls the works of iconic author John Steinbeck.
A three-judge panel of the Ninth U.S. Circuit Court of Appeals heard arguments to an appeal by the estate of Steinbeck’s late son, Thomas Steinbeck. The panel was in Anchorage to hear various cases.
Thomas Steinbeck’s estate is contesting a 2017 federal jury verdict in California that awarded more than $13 million to the author’s stepdaughter, Waverly Scott Kaffaga, whose mother was John Steinbeck’s third wife. The lawsuit said Thomas Steinbeck and his wife, Gail Steinbeck, impeded film adaptations of the classic works. A judge earlier ruled in the same case that the couple breached an agreement between Kaffaga’s late mother and Thomas Steinbeck and his late brother, John Steinbeck IV.
Neither Gail Steinbeck nor Waverly Kaffaga attended Tuesday’s proceeding.
Attorney Matthew Dowd, representing the Thomas Steinbeck estate, told the circuit judges the appeal contends the 1983 agreement was in violation of a 1976 change to copyright law that gave artists or their blood relatives the right to terminate copyright deals. The appeal also disputes the award handed up by the jury, maintaining it was not supported by substantial evidence of Gail Steinbeck’s ability to pay.
Kaffaga’s attorney, Susan Kohlmann, told the circuit judges multiple courts, including an earlier Ninth Circuit decision, have already upheld the agreement as binding and valid, and deemed it enforceable. She called the contract argument a “complete red herring.”
Dowd disagreed. He said previous decisions on the agreement didn’t completely deal with the particular issue involving the 1976 statute. He said Gail Steinbeck was not allowed to fully address the issue in court.
The appeals panel did not rule immediately on the case. Dowd earlier said he didn’t expect a decision for several months.
The judges appeared skeptical that the contract issue wasn’t adequately dealt with in previous rulings, and they questioned whether they were being asked to review another circuit court’s decision.
The judges also said the punitive damages of about $8 million awarded by the Los Angeles jury in 2017 appeared to have been decided without evidence of Gail Steinberg’s ability to pay. If that part was stricken from the award, there would still remain $5.25 million in compensatory damages, they noted. |
|
|
|
|
|
|
Supreme Court: Trump can use Pentagon funds for border wall
Top Court Watch |
2019/07/24 20:44
|
The Supreme Court cleared the way for the Trump administration to tap billions of dollars in Pentagon funds to build sections of a border wall with Mexico.
The court’s five conservative justices gave the administration the green light on Friday to begin work on four contracts it has awarded using Defense Department money. Funding for the projects had been frozen by lower courts while a lawsuit over the money proceeded. The court’s four liberal justices wouldn’t have allowed construction to start.
The justices’ decision to lift the freeze on the money allows President Donald Trump to make progress on a major 2016 campaign promise heading into his race for a second term. Trump tweeted after the announcement: “Wow! Big VICTORY on the Wall. The United States Supreme Court overturns lower court injunction, allows Southern Border Wall to proceed. Big WIN for Border Security and the Rule of Law!”
The Supreme Court’s action reverses the decision of a trial court, which initially froze the funds in May, and an appeals court, which kept that freeze in place earlier this month. The freeze had prevented the government from tapping approximately $2.5 billion in Defense Department money to replace existing sections of barrier in Arizona, California and New Mexico with more robust fencing.
The case the Supreme Court ruled in began after the 35-day partial government shutdown that started in December of last year. Trump ended the shutdown in February after Congress gave him approximately $1.4 billion in border wall funding. But the amount was far less than the $5.7 billion he was seeking, and Trump then declared a national emergency to take cash from other government accounts to use to construct sections of wall.
The money Trump identified includes $3.6 billion from military construction funds, $2.5 billion in Defense Department money and $600 million from the Treasury Department’s asset forfeiture fund. |
|
|
|
|
|
|
Records detail frenetic effort to bury stories about Trump
Top Court Watch |
2019/07/18 12:14
|
Court records released Thursday show that President Donald Trump took part in a flurry of phone calls in the weeks before the 2016 election as his close aides and allies scrambled to pay porn star Stormy Daniels to keep quiet about an alleged affair.
The investigation involved payments Michael Cohen helped orchestrate to porn actress Stormy Daniels and Playboy centerfold Karen McDougal after they claimed they had affairs with Trump. (Source: MSNBC / YouTube via MGN)
The documents detailing calls and text messages were made public as federal prosecutors closed their investigation into the payoff ? and a similar payment to Playboy model Karen McDougal ? with no plans to charge anyone in the scandal beyond Trump's former lawyer and fixer, Michael Cohen.
Federal prosecutors in New York said in a court filing that they investigated whether other people gave false statements or otherwise obstructed justice. In the end, the decision was made not to bring additional charges, according to two people briefed on the matter. |
|
|
|
|
|
|
US appeals court sides with Trump in lawsuit involving hotel
Top Court Watch |
2019/07/11 11:23
|
A federal appeals court threw out a lawsuit accusing President Donald Trump of illegally profiting off the presidency through his luxury Washington hotel, handing Trump a significant legal victory Wednesday.
A three-judge panel of the 4th U.S. Circuit Court of Appeals unanimously overturned the ruling of a federal judge in Maryland who said the lawsuit could move forward.
The state of Maryland and the District of Columbia sued in 2017, claiming Trump has violated the emoluments clause of the Constitution by accepting profits through foreign and domestic officials who stay at the Trump International Hotel. The case is one of three that argue the president is violating the provision, which prohibits federal officials from accepting benefits from foreign or state governments without congressional approval.
In the case before the 4th Circuit, the court found the two jurisdictions lack standing to pursue their claims against the president, and granted a petition for a rare writ of mandamus, directing U.S. District Court Judge Peter Messitte to dismiss the lawsuit.
Trump heralded the decision in a tweet, saying, "Word just out that I won a big part of the Deep State and Democrat induced Witch Hunt." Trump tweeted that he doesn't make money but loses "a fortune" by serving as president. |
|
|
|
|
|
|
Fines, jail, probation, debt: Court policies punish the poor
Top Court Watch |
2019/07/08 11:23
|
Johnny Gibbs has been trying to get a valid driver’s license for 20 years, but he just can’t afford it.
To punish him for high school truancy in 1999, Tennessee officials told him he would not be able to legally drive until he turned 21. He drove anyway, incurring two tickets and racking up more than $1,000 in fines and fees.
Like other low-income defendants in similar situations across the country, Gibbs couldn’t pay and ended up serving jail time and probation. That incurred another cost: a monthly supervision fee to a private probation company.
Rather than risk another arrest, Gibbs, now 38, decided to quit driving, which he said makes it nearly impossible to work. He said he spent several years living in a motel room with his mother, his disabled father and his sister before they all became homeless. In August, the family found housing in a dilapidated trailer, miles from the nearest town or food source.
A growing number of legal groups and nonprofit organizations throughout the U.S. are challenging these practices, but they continue — despite a 1983 U.S. Supreme Court decision that found it unconstitutional to incarcerate defendants too poor to pay fines.
In Oklahoma, for example, the Washington-based Civil Rights Corps, which has litigated more than 20 lawsuits since it was founded in 2016 to undo various aspects of “user-funded justice,” is challenging policies that it claims have led to one of the highest incarceration rates in the world.
Counties across the state of Oklahoma refer debt collection to a for-profit company, Aberdeen Enterprizes II, which adds an additional 30 percent fee and threatens debtors with arrest. Many of those who can’t pay are not just thrown in jail; they’re also made to pay for their incarceration, further increasing their debt.
Tennessee Supreme Court Justice Jeffrey Bivens said reforming fees, fines and bail is a priority of the Conference of Chief Justices, a nonprofit organization comprising top judicial officials from each of the 50 states. |
|
|
|
|
|
| Law Promo can construct your law firm a brand new responsive website, or help you redesign your existing site to secure your place in the internet world. Small Law Firm Web Design by Law Promo |
|
|
Recent Lawyer Blog Updates |
|
Lawyer News RSS
