What Should OA Cover This #RapidResponseFriday?
Added 2024-04-03 20:37:04 +0000 UTCYou know the drill, what do you want to hear OA cover for Friday?
Please let us know! And also, please use that heart button on comments to give us an indication of numbers, so we can gauge interest!
And, if you have specific legal questions on a given topic, feel free to comment with them!
Comments
Feel like I'm way too late, but maybe you'd consider it for a future episode. Equally maybe not, given the subject matter. The outstanding Doe case against the Church of Scientology seems like it should be pretty solid (https://tonyortega.org/2023/06/24/lawsuit-unsealed-jane-doe-1-sues-scientology-for-her-sexual-assault-at-16-by-sea-org-groomer/). They're not suing for anything 1st-Amendment-y, so maybe they have a shot. Be grateful for any insight! Thanks all of you :)
Dann de Grand Pre
2024-04-05 09:10:28 +0000 UTCIt's too late, but I have two law questions: 1 - is Trump's bonding company on the hook for the full $450m judgement if he flees the country, or just the bonding amount of $175m? I have some people telling me it's the former, and I don't believe them... 2 - I see others on reddit saying that "it's time for Jack Smith to seek mandamus" on the FL docs case, even after Cannon's recent walk-back. What form of mandamus could the Appellate Court even order at this point? What has she done or not done that could be mandamussed /mandated? Even if this doesn't get on the show, would love to know your thoughts. Thanks!
Andy the Dandy
2024-04-04 23:39:19 +0000 UTCMight not have time since it just dropped, but the Florida Trump case seems like its had some tea spilled
Khristle
2024-04-04 20:56:06 +0000 UTCWell isn't a paralegal, private investigator or a law librarian already understood to not be lawyers?
Dreadsen
2024-04-04 19:00:57 +0000 UTCCurrently, it is the understanding of New Hampshire police, that due to a law passed last year (https://newhampshirebulletin.com/briefs/sununu-signs-bill-barring-state-enforcement-of-federal-firearms-laws/) , citizens can open carry on school grounds and the police are not permitted to respond unless they specifically show aggression. However, police can still arrest people for smoking on school grounds!. As a teacher, clarification would be cool.
Crystal
2024-04-04 16:49:05 +0000 UTCCould Tanya Chutkin go ahead and schedule the DC trial for August since the supreme court will rule on immunity by July 1, and thus prevent Aileen “Bad Faith” Cannon from squatting on that date as well?
Jason H
2024-04-04 13:34:18 +0000 UTCPractically, no difference, I'd think. But it's making enough of a splash to be in ALM's morning news summary email today; and the ABA's terminology does matter.
Jed
2024-04-04 12:00:11 +0000 UTCHello Jed. Question. How does this term impact alawyers' degree and licensing? A lawyer will still have their degree and still have their licensing. And the people categorized as " non lawyer" still can not practice law or engage in practices that require a law license.
Dreadsen
2024-04-04 11:57:52 +0000 UTCI don't want to seem elitist, and I don't want paralegals and other support staff to feel disrespected, but I find it ridiculous that there's a petition for the ABA to stop using the term nonlawyer. (1) At the end of the day, it's not about the time and money to get a JD or the effort to pass the bar--it's about the license and the accompanying professional responsibilities. I readily acknowledge what the petition says, that words matter and that nonlawyer emphasizes the other--separating the haves with law degrees and licenses from the have nots. But that's the point, and not a bad thing! Lawyers have degrees and licenses and the responsibility to follow their state's professional rules in a way that paralegals, support staff, and others do not. (1) https://www.linkedin.com/pulse/petition-american-bar-association-aba-cease-using-term-olga-v-mack-h5upc/?trk=public_post_main-feed-card_feed-article-content ; https://www.law.com/nationallawjournal/2024/04/03/petitioners-seek-to-remove-non-lawyer-from-aba-vocabulary-lively-discussion-ensues/?kw=Petitioners%20Seek%20to%20Remove%20%27Non-Lawyer%27%20From%20ABA%20Vocabulary.%20Lively%20Discussion%20Ensues
Jed
2024-04-04 11:28:13 +0000 UTCA DoC chaplain contacted me directly in early March to confirm that the atheist plaintiff's request to witness the eclipse was legitimate. The inmate's request was then granted, only for that accommodation to be overruled (it seems) by a subsequent lockdown order from officials higher up the chain.
G. T. Blackwell
2024-04-04 04:46:07 +0000 UTCNY Department of Corrections officials are being sued after putting a lockdown in place solely to prevent inmates from watching the eclipse on April 8th. https://storage.courtlistener.com/recap/gov.uscourts.nynd.143138/gov.uscourts.nynd.143138.1.0_2.pdf
G. T. Blackwell
2024-04-04 04:42:15 +0000 UTCI'm from Western Mass and love to hear stories from our neck of the woods!
Tara Churchill
2024-04-04 01:06:21 +0000 UTCHell yeah! I could do six months on this but an hour ought to do it. Some good guest options for this too
Matt Cameron
2024-04-04 00:57:35 +0000 UTCAt some point I would love to hear the scoop about the two Massachusetts lab scandals. Sonja Farak and Annie Dookhan. Maybe in a deep dive episode?
Tara Churchill
2024-04-04 00:22:33 +0000 UTCI'm really interested in the Consumee Products Safety Comission's proposed requirements regarding tablesaws. There's a lot of discourse in the woodworking community at the moment, but it feels like very little of it is done with a legal background. I'm particularly interested in the possible fallout given the challenges to Chevron we're seeing/predicting lately. A good video on the topic is from Stumpy Nubbs at: https://youtu.be/nxKkuDduYLk?si=jtxVIz8p9P2RYwLg
Despairing Radical
2024-04-03 23:33:50 +0000 UTCThis is a great question. Average boards don't often cross their CEOs, let alone the board of DJT in particular.
Okay Then
2024-04-03 23:29:30 +0000 UTCAgree! And Courtlistener / RECAP is a great resource, but they only have the case documents that one of their members has pulled from PACER already...they don't get other "feeds," unfortunately. And you make a great point about state courts. I wouldn't know where to begin...
Okay Then
2024-04-03 23:26:07 +0000 UTCI’d like to understand once the legal steps of deportation are finished how are most people transported deported out of the country. Does it ever happen that the country they came from won’t let them back in. If they came across from Mexico but were not Mexican ii would guess they can’t be sent to Mexico. The details seem complicated. I assume most here undocumented don’t carry proof of citizenship with them.
FRED R GROOTHUIS
2024-04-03 23:18:28 +0000 UTChttps://www.cbsnews.com/baltimore/news/owner-of-dali-ship-seeks-to-limit-liability-in-baltimore-key-bridge-collapse/
Matt Fata
2024-04-03 22:19:12 +0000 UTCWhat would happen if the board at Truth Social let Trump out of the lock-out period so he could cash out and dump the stock? I see that a similar thing happened at Zynga which led to lawsuits that survived Delaware Supreme Court challenges, but I never saw the outcome. Would Trump and friends get away with it?
Timothy High
2024-04-03 22:19:00 +0000 UTCI'd love to hear about the Dali / bridge catastrophe. I saw something about how some pre-civil war maritime law statue severely limits the liability of ship operators and I'd be curious about how this will go down.
Matt Fata
2024-04-03 22:17:53 +0000 UTCHas Matt ever had a gag order entered in a case, and did the defendant ever violate it like Donald Trump?
Dr. Clerk
2024-04-03 21:52:45 +0000 UTCI'd like to hear how to do this with state courts. Federal court documents are available for free on Courtlistener (RECAP) and SCOTUS is on their website.
Shad Riley
2024-04-03 21:43:27 +0000 UTCAlso, Chanel winning (but why?) its lawsuit against a preowned luxury store for selling used Chanel bags (Which seems like a legit business. If you own an item you can sell it, right?) https://www.businessoffashion.com/articles/retail/chanel-what-goes-around-comes-around-trial-verdict/
K Fitzsimons
2024-04-03 21:42:41 +0000 UTCThe New Yorker Hotel squatter case! https://apnews.com/article/new-yorker-hotel-fraud-free-room-loophole-6505cb6df084002401aab9f6eaecf452 It has everything- weird New York real estate law loopholes, Moonies owning the hotel, and an anti-Moonie squatter using said loophole to get 5 years free rent
K Fitzsimons
2024-04-03 21:37:34 +0000 UTCThis seems like a huge legal boondoggle. "Squatters occupy $500K home mistakenly built on wrong lot, and now developer is suing land's true owner" https://www.msn.com/en-us/money/realestate/squatters-occupy-500k-home-mistakenly-built-on-wrong-lot-and-now-developer-is-suing-lands-true-owner/ar-BB1kU04U
Dreadsen
2024-04-03 21:35:28 +0000 UTCHere’s my question: the federal courts including the Supreme Court have limited jurisdiction eg they can only hear cases and controversies. This relates to standing. When the court exceeds its power by issuing a decision in the absence of true standing, that decision is illegitimate and should not be binding precedent. How can this be enforced-that is, how can we nullify decisions by the Supreme Court that it lacked the power to issue? Otherwise the Court has unlimited power, contrary to the constitution. There was for example the case where a store owner didn’t want to make a website for a gay couple. Arguably her harm was too speculative for her to have standing. Any resulting decision should be null and void, but who has the power to say so?
Lawrence Frank
2024-04-03 21:08:46 +0000 UTCI'm Canadian, and a lot of our prisons are similarly unfit for inhabition. It needs to change, everyone seems to agrees, but it's never a priority. You can know that, and still this story hit me hard. It's sobering to see that there's so little empathy for prisoners that society will look the other way while they're so severely isolated with the intention of wringing every penny of profit possible from their labour and their connections to the outside..
Barmp
2024-04-03 21:08:39 +0000 UTCMight not be ripe yet but Kim Mulkey confusing "good journalism" for "defamation." I wondered if she's part of those rightwing shitheads trying to attack Times v Sullivan and if they thought they had a new angle with the "everyone interviewed thought I agreed to talk"
Cameron Kushwara
2024-04-03 20:57:22 +0000 UTCWhat does Matt think of the international court?
KeepingThePlatesSpinning
2024-04-03 20:56:51 +0000 UTCA little outside the normal news cycle but given the recent discussions around sentencing maybe touching on this will help contextualize just how desperate people could be to avoid prison. How financially ruinous it could be for families, not just to lose an income for a period but to get nickel and dimed like this for your kids to try and have a relationship with an incarcerated parent. https://pluralistic.net/2024/04/02/captive-customers/
Barmp
2024-04-03 20:55:37 +0000 UTCThe song is stuck in my head now. I want to hear Thomas and Matt sing as much as they are allowed.
Don't use bad yarn as a life line in a fae yarn store. The yarn fairies will immediately remove it and you will get lost.
2024-04-03 20:53:52 +0000 UTCWant to hear that too, but it's worse than you described. Kacsmaryk is the reason they're trying to end judge shopping, but it was the Chief Jydge of his district that rejected the rule change.
Gmork
2024-04-03 20:52:21 +0000 UTCRequest: could you do a "how to look up legal stuff 101" episode sometime? Without being in law school or a law firm, how do you look up actual filings, opinions, etc. without paying a hefty subscription?
Okay Then
2024-04-03 20:49:46 +0000 UTCYep. You beat me to it.
Kate
2024-04-03 20:44:07 +0000 UTCJudge Kacsmaryk rejecting the anti “Judge Shopping” policy that has been in the news. I have no idea what the U.S. Judicial Conference actually is or how binding its policies should be on him - but Kacsmaryk continuing to take every insane right wing case in the nation is an obviously huge deal.
Nick Pod
2024-04-03 20:42:09 +0000 UTCX Corp v CCDH dismissal. Happened last week, but I think it'd go great with your recent Musk/Twitter coverage over on SIO.
Xavier Branch
2024-04-03 20:41:19 +0000 UTCJack Smith’s response to Canon’s bizarre two-options jury instruction questions
Kathryn Koldehoff
2024-04-03 20:39:35 +0000 UTCProbably a bit obvious but todays Jack vs “come on” Aileen face off would be good.
127dot0dot0dot1
2024-04-03 20:38:48 +0000 UTC