ON LEGAL

May 2023

City manager cannot stop out-of-towners from serving evictions
Alton King and other housing advocates attempt to block an eviction on Rodney Street in Worcester May 3.

Alton King and other housing advocates attempt to block an eviction on Rodney Street in Worcester May 3.

WORCESTER — While city housing advocates say out-of-town constables and other special process servers from outside the city can use forceful tactics against direct-action protests, the city solicitor has found the city cannot interfere with who a judge appoints to carry out an eviction or foreclosure.

Following requests from a group of city activists and a city councilor for the city manager to stop outside constables from carrying out evictions, City Solicitor Michael Traynor wrote in a legal opinion attached to the City Council agenda released Friday that the city manager does not have legal authority to prevent a court-appointed special process server from carrying out what the court has empowered them to do.

“The judge reviewing the request exercises their judgment in the approval or denial of the motion,” Traynor wrote. “For this reason, the court would not agree to preemptively refuse to issue any special process server appointments.”

At the May 9 City Council meeting, Councilor-at-Large Thu Nguyen requested City Manager Eric D. Batista not allow anyone, including a special process server and an outside constable not licensed as a constable in the city of Worcester, to have the ability to execute an eviction.

Nguyen’s request came after members of the Worcester Anti-Foreclosure Team, a mutual aid fund whose volunteers have used direct-action protests such as human blockades to prevent residents from being evicted from their homes, reported constables who come from outside of Worcester are serving foreclosures and have resorted to attempting to physically move protestors from the property.

Nguyen shared a video on Instagram May 3 that appeared to show a 2017 incident where people carrying out an eviction being physically held back by protestors. The man trying

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May 31, 2023 by LAW

Jailed Morocco Activist Sentenced To More Prison Time: Lawyer

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A Moroccan human rights activist serving a three-year jail term has been sentenced to two more years in prison in a separate case, her lawyer told AFP on Thursday.

Saida El Alami was convicted of “insulting the king” and “insulting a magistrate or public servant” over remarks she had made during her initial trial for online comments, lawyer Ahmed Ait Bennacer said.

A court in Casablanca sentenced her late Wednesday to two years behind bars as well as a 2,000-dirham ($195) fine.

El Alami, 49, a vocal activist with a regular online presence until her arrest last year, was sentenced in September to three years on appeal after being convicted of “insulting” government bodies and public officials, as well as “spreading false allegations”.

Souad Brahma, another lawyer representing El Alami, said the defence team plans to appeal the latest verdict.

El Alami, who describes herself as a “political dissident” on Facebook, had criticised security forces and accused the judiciary of corruption, Amnesty International said.

She had also spoken out in support of imprisoned Moroccan journalists and activists.

Following her arrest in March 2022, Amnesty called on Moroccan authorities “to end the prosecutions of activists who have been critical of public figures, state officials or state institutions, and to ensure that people are free to express their opinions without fear of reprisals”.

kao-isb-agr/ami/kir

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May 30, 2023 by LAW

Prince Harry trial – live: Mirror lawyer ‘called journalist London’s best criminal’
Britain's Prince Harry leaves the Royal Courts Of Justice in London, Thursday, March 30, 2023. Prince Harry returned to a London court Thursday as his lawyer fought to keep his phone hacking lawsuit against a British tabloid publisher alive. The Duke of Sussex arrived after lunch for the conclusion of a four-day High Court hearing on his invasion of privacy case against the company that publishes The Daily Mail. (AP Photo/Kirsty Wigglesworth)

Prince Harry is taking legal action against the publisher of the Daily Mirror. (AP)

The High Court trial between Prince Harry and the publisher of the Daily Mirror over claims of phone hacking has finished its third week.

Today, 26 May, saw Mirror Group Newspapers’ ex-head of legal Marcus Partington deny referring to a former Mirror journalist as ‘London’s best criminal’ because he was a phone-hacker.

He also admitted writing a 2007 note in which he said MGN had “no choice but to settle” an employment claim with another former Mirror journalist who, the note said, had the company “over a barrel”. The journalist had also accused journalists at all MGN’s titles of being involved in unlawful activities.

Partington also said he was “very angry” over an allegation that he had tried to “stand up” a story which was based on UIG, by getting an ex-footballer’s phone records disclosed through an injunction litigation in 2001.

On 25 May, Paul Vickers – formerly MGN’s group legal director – claimed he had asked 43 editors and senior journalists to confirm they had not engaged in UIG after the phone-hacking scandal at the News of the World had broken in 2011. “They lied to me, clearly lied to me”, he said.

The Duke of Sussex is one of four people – alongside former soap actress Nikki Sanderson, comedian Paul Whitehouse’s ex-wife Fiona Wightman and actor Michael Turner – bringing claims of unlawful information gathering against Mirror Group Newspapers

MGN has said in a statement about the litigation: “Where historical wrongdoing has taken place, we have made admissions, take full responsibility and apologise unreservedly, but we will vigorously defend against allegations of wrongdoing where our journalists acted lawfully.”

Yahoo News will be keeping you up to date with all the big breaking news and

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May 28, 2023 by LAW

Dem senator purchased luxury condo from green energy lawyer pushing wind farm in home state

FIRST ON FOX: Democratic Sen. Tim Kaine of Virginia recently purchased a luxury waterfront condominium from a senior lawyer at Dominion Energy, a multibillion-dollar energy company developing a massive offshore wind farm in his home state.

According to his 2022 financial disclosures filed this month, Kaine reported purchasing a residential property worth up to $1 million in March 2022. A Fox News Digital review of local real estate filings showed that Kaine and his wife Anne Holton paid $895,000 for a multi-unit condominium in Richmond, Virginia, from Dominion deputy general counsel George Marget on March 8, 2022.

The condominium’s listing touted the residence as one of the most luxurious in the city. The condominium has two master suites, a gourmet kitchen, dining room and comes with three parking spaces.

Kaine’s disclosures further indicated that the senator earned up to $15,000 renting the apartment back to the “previous owner.” However, a spokesperson for Kaine — who defended the purchase, saying it was negotiated by realtors — said the filing should have stated “previous occupant” since it was rented to a tenant who had been living in the condominium at the time of the purchase.

50 BLUE STATE MAYORS CALL FOR OFFSHORE WIND MORATORIUM AMID WHALE, DOLPHIN DEATHS

Sen. Tim Kaine has supported Dominion Energy's offshore wind development after taking thousands from the company's political action committee.

Sen. Tim Kaine has been a vocal supporter of Dominion Energy’s offshore wind project off the coast of Virginia. The project would be the largest in the U.S. if completed. (Al Drago/Bloomberg via Getty Images | Mark Harrington/Newsday RM via Getty Images)

“Senator Kaine and Anne Holton bought their condo from the Margets in a transaction negotiated by realtors,” the spokesperson said in a statement to Fox News Digital. “The Margets did not live in this condo and instead had a long-term tenant who rented the condo from them. This tenant, who was not

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May 27, 2023 by LAW

The World’s Most Fed-Up Lawyer Responds To Harry And Meghan

If you haven’t been keeping up with the royal traffic violations, here’s what has been going down.

Last week, Prince Harry and Meghan Markle were “extremely upset and shaken” after being involved in a paparazzi car chase while out in New York City. The NYPD seems to remember it differently, claiming that “The Duke and Duchess of Sussex arrived at their destination and there were no reported collisions, summonses, injuries, or arrests in regard.” In response, Harry and Meghan’s team then demanded that the photo agency Backgrid turn over the photos from the ordeal, which Backgrid denied. Being a royal sounds like a breeze!

Don’t worry, there’s more. Backgrid’s lawyer seems to have no sympathy for the couple, drafting up a scolding response that somehow invoked the wrath of George Washington and the like:

In America, as I’m sure you know, property belongs to the owner of it: Third parties cannot just demand it be given to them, as perhaps Kings can do … Perhaps you should sit down with your client and advise them that his English rules of royal prerogative to demand that the citizenry hand over their property to the Crown were rejected by this country long ago. We stand by our founding fathers.

It’s bold to stand by the founding fathers in this day and age, but that’s what they did! It was then revealed that the lawyer in question is Joanna “Jo” Ardalan, who has represented Backgrid for over 5 years (per The AV Club).

“It was a galling request,” Adalan explained, which is why she then spent over two hours intricately crafting a response that was intended to “put them in their place.” The duo has not pressed any further, as it seems their place has been put.

Ardalan added, “Do

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May 26, 2023 by LAW

DA tweaks Jonathan Majors’ charge, lawyer says he’s innocent

NEW YORK — Actor Jonathan Majors was confronted Tuesday with a revised domestic violence charge stemming from a woman’s allegations that the Marvel star twisted her arm, struck her head and shoved her into a vehicle in New York City in March.

Majors, appearing by video, did not enter a plea to the misdemeanor assault charge and said little else at the arraignment, which lasted all of three minutes.

Prosecutors say the charge was rewritten to reflect the perspective of Majors’ 30-year-old accuser, rather than the police officer whose account was used in the original version — an indication she is cooperating with authorities.

Majors, 33, still faces other misdemeanor charges in connection with his March 25 arrest in Manhattan’s Chelsea neighborhood, some of which are punishable by up to a year in jail.

His lawyer, Priya Chaudhry, says Majors is innocent. She blasted prosecutors after Tuesday’s hearing for pursuing what she called a “witch hunt” against the actor.

Chaudhry said she provided the Manhattan district attorney’s office with “irrefutable evidence that the woman is lying, including video proof showing nothing happened, especially not where she claimed.” The woman, she said, assaulted Majors.

“Instead of dismissing the allegations in the face of the woman’s clear lies, the DA has adjusted the charges to match the woman’s new lies,” Chaudhry said.

Majors had been a fast-rising Hollywood star with major roles in recent hits like “Creed III” and “Ant-Man and The Wasp: Quantumania.” But in the wake of his arrest, the U.S. Army pulled TV commercials narrated by Majors, saying it was “deeply concerned” by the allegations.

Majors’ face was beamed Tuesday onto a flat-screen monitor in front of the judge’s bench in Manhattan’s domestic violence courtroom. The room was crowded with reporters straining to catch a glimpse of the celebrity

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May 16, 2023 by LAW

Access Hollywood tape ‘should not’ have been used in E. Jean Carroll case, Trump lawyer says

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Joe Tacopina, a lawyer for former President Donald Trump speaks

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May 15, 2023 by LAW

Small business owner, real estate lawyer win seats in Forest Acres City Council election | Columbia News

“We want to make sure that we’re a thriving community in terms of cultural events, or even zoning and where business can go and how we interact with our residents,” Andrews said previously. “Just creating a good groundwork for where people who want to be in business want to be.”

Oliver, who received 32 percent of the vote, said he’ll be a voice for small business, especially as the city works to lure major retailers, by drawing from his own experience operating a small business in the city.


Richland Mall redevelopment can begin as $18.6M sale completed

Part of that could involve offering a grant to help small businesses start out, Oliver said, potentially with funding from the city’s hospitality tax revenues set aside to help boost tourism.

His first order of business will be delving into the city’s finances and getting to work revitalizing the area around Covenant and Bethel Church roads with an idea he was not ready to divulge so soon after being elected, he said.

“I’m excited,” Oliver said. “I worked hard, knocked on close to 1,000 doors, did everything I could to meet all my neighbors as possible, and I’m ready to go to work.”


Major Richland Mall redevelopment leaves questions about bookstore, grocery spot

Newton, who received 29 percent of the vote, said he helps broker commercial real estate deals for his law firm. That experience gives him an edge when it comes to the city’s ongoing Richland Mall redevelopment moving forward, he said.

Newton also wanted to promote the benefits the police department offers to bolster officer recruitment and arrange some sort of regular forum for leaders from Columbia, Richland County and Fort Jackson to talk about their priorities and initiatives.

“I’ve got a couple months before I take office,” Newton said after the election. “I’ve got to continue talking to residents, figure out my first steps.”

Despite leading on

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May 13, 2023 by LAW

Trump’s Lawyer Vows to Appeal Verdict in Carroll Case

Outside of the courthouse in Lower Manhattan, Donald J. Trump’s lawyer, Joseph Tacopina, said the trial had been unfair in several ways and his client intended to appeal the verdict.

Mr. Tacopina said Judge Lewis A. Kaplan, who oversaw the case in federal court, had displayed a bias toward Ms. Carroll in several decisions. He called the court “highly prejudicial.”

For starters, Mr. Tacopina said, the judge allowed E. Jean Carroll’s lawyers to play for the jury the Access Hollywood tape in which Mr. Trump boasted about how his status as a celebrity gave him the ability to kiss and grab women’s genitalia without asking.

“There were things that happened in this case that were beyond the pale,” Mr. Tacopina said. He added: “In New York you can’t get a fair trial.”

Mr. Tacopina defended Mr. Trump’s decision not to testify.

“This was a circus atmosphere, and having him be here would be more of a circus,” Mr. Tacopina said. He added that Mr. Trump could do little more than say, “‘I didn’t do it?’ And he said that under oath here. It’s hard to prove a negative.”

He said that he thought the anonymous jury was particularly unfair to Mr. Trump’s side.

“We should have been able to tell something about the background of these people,” he said. “Unfortunately, having anonymous jurors, even kept from the lawyers, I don’t think was fair or was right.”

When asked if the verdict would derail Trump’s presidential campaign, Mr. Tacopina had a one word answer.

“Nope,” he said.

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May 11, 2023 by LAW

CNN Host Dana Bash Abruptly Ends Fiery Interview with Trump Lawyer
CNN

CNN

Trump lawyer Alina Habba made a confrontational appearance on CNN Tuesday, just hours after a New York jury found former President Donald Trump liable for sexually abusing and later defaming journalist E. Jean Carroll—a verdict that comes with a steep $5 million price tag.

Habba spent most of her lengthy interview on CNN Primetime bickering with anchor Dana Bash, in particular near the end of her appearance when Bash mentioned the more than dozen women besides Carroll who have alleged sexual misconduct by Trump.

“I mentioned that there are 15 women altogether who have alleged that Trump sexually harassed or assaulted them,” the CNN host said. When she attempted to ask Habba if she was concerned about any further legal actions being taken in light of the outcome of Carroll’s civil lawsuit, Habba interrupted.

“Are we talking about 2016?” she said.

“All told,” Bash replied. But Habba insisted on trying to argue that Bash simply referencing Trump’s accusers was evidence of some political agenda.

“Are you talking about 2016? Is that the desperation that we’re at right now?” Habba continued.

When Bash was finally able to get her question out without an interjection, Habba instead pivoted to questioning her integrity as a journalist—and suggested her goal was to make Trump look bad.

“No, I think you are concerned that [Trump] is going to win, which is why you are bringing up 2016 things, because you have nothing to bring up,” she said. “And you should be concerned. He is leading in the polls.”

Bash immediately took issue with Habba’s characteristic barb.

“I am a journalist. I am not concerned about anything,” Bash said. “I am asking you, as one of his attorneys, about things that are out there,” she continued, before Habba once more harped on the year that

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May 10, 2023 by LAW
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