Holocaust researchers in Poland win libel case on appeal
Legal Topics | 2021/08/16 17:16
An appellate court in Poland on Monday rejected a lawsuit brought against two Holocaust scholars in a case that has been closely watched because it was expected to serve as a precedent for research into the highly sensitive area of Polish behavior toward Jews during World War II.

Poland is governed by a nationalist conservative party that has sought to promote remembrance of Polish heroism and suffering during the wartime German occupation of the country. The party also believes that discussions of Polish wrongdoing distort the historical picture and are unfair to Poles.

The Appellate Court of Warsaw argued in its explanation that it believed that scholarly research should not be judged by courts. But it appeared not to be the end: a lawyer for the plaintiff said Monday that she would appeal Monday’s ruling to the Supreme Court.

The ruling was welcomed by the two researchers, Jan Grabowski and Barbara Engelking, who declared it a “great victory” in a Facebook post.

“We greet the verdict with great joy and satisfaction all the more, that this decision has a direct impact on all Polish scholars, and especially on historians of the Holocaust,” they said.

Monday’s ruling comes half a year after a lower court ordered the two researchers to apologize to a woman who claimed that her deceased uncle had been defamed in a historical work they edited and partially wrote, “Night Without End: The Fate of Jews in Selected Counties of Occupied Poland.”

Lawyers for the niece, 81-year-old Filomena Leszczynska, argued that her uncle was a Polish hero who had saved Jews, and that the scholars had harmed her good name and that of her family by suggesting the uncle was also involved in the killing of Jews.

The plaintiffs’ lawyer, Monika Brzozowska-Pasieka, said in an emailed statement to The Associated Press that Leszczynska was “astonished” by the judgement and intends to file an appeal to the Polish Supreme Court.


Federal judge leaves CDC evictions moratorium in place
Legal Topics | 2021/08/15 23:51
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.


Trusted Advisors – Brownlie Hansen LLP
Legal Topics | 2021/08/14 11:43
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This drives us to deliver superior value and results. We solve problems and resolve disputes faced by businesses and entrepreneurs in a wide range of areas.

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Court tosses ruling against Pennsylvania COVID-19 measures
Legal Topics | 2021/08/11 17:48
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.


Order: Mississippi judges have discretion for COVID safety
Legal Topics | 2021/08/09 08:28
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.


Starting Up: The Balanced Approach
Court News | 2021/08/06 22:36
Starting Up: The Balanced Approach. The last two decades have been a period of metamorphosis for the worldwide web. The development of new technologies has not only made the web more advanced but also more accessible as well. Just as with law in the United States, societal shifts pave way for new standards and values in the world of digital marketing as well. At one point in time, the Constitution was sufficient according to modern standards and then a series of Amendments over time were passed to tailor to the changing American landscape. Technology is not all that different.

Websites used to be simpler. A web address in itself once gave potential clients the impression that you meant business. The content was always valuable but the user experience was not emphasized by many, designers did the best they could with what they had.



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West African court to rule on Venezuelan’s extradition to US
Legal Business | 2021/08/06 22:29
A protracted legal battle over the extradition from Cape Verde to the United States of a businessman close to Venezuelan President Nicolás Maduro comes to a head next week when the West African country’s Constitutional Court is due to rule on the case.

Alex Saab was arrested when his jet made a refueling stop on the small island chain, formerly a Portuguese colony, on a June 2020 flight to Iran.

U.S. officials believe Saab holds numerous secrets about how Maduro, the president’s family and his top aides allegedly siphoned off millions of dollars in government contracts amid widespread hunger in oil-rich Venezuela.

Saab is fighting extradition. His lawyers argue that he has diplomatic immunity because he was acting as a special envoy for Venezuela when he was detained in Cape Verde.

José Pinto Monteiro, Saab’s lead counsel in Cape Verde, said Friday there are two possible outcomes when the Constitutional Court sits on Aug. 13.

Either the judges throw out Saab’s appeal and the extradition goes ahead, or they accept that there are unconstitutional elements in the case and send it back to a lower court to correct them, Pinto Monteiro told a press conference via video link.

Cape Verde’s Supreme Court ruled last March that the extradition could proceed, and the Constitutional Court appeal is Saab’s last hope.

Saab’s international legal team argues that the extradition has a political motive.

Federal prosecutors in Miami indicted Saab in 2019 on money-laundering charges connected to an alleged bribery scheme that pocketed more than $350 million from a low-income housing project for the Venezuelan government that was never built.



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