In Test of N.Y. Gun Law, Sheriff’s Deputy Accused of Attempted Murder–NYTimes

Vito Caselnova faces a charge of possessing a firearm in a so-called sensitive location under a contentious provision of the state’s revised gun law.

By Ed Shanahan

n what appears to be a first, he was also charged with violating a contentious provision of New York’s revised gun law that prohibits the carrying of a gun in “sensitive” locations like public transit systems, sports venues, churches and businesses that serve alcohol.

The charges came some four months after the early Sunday altercation on Nov. 20 left three people, including Deputy Caselnova, of the Rutland County Sheriff’s Office, and his girlfriend, with gun wounds…

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Insurers don’t have to provide free HIV-prevention drugs, some cancer screenings as result of federal judge’s ruling–ABA Journal

BY DEBRA CASSENS WEISS

A federal judge in Fort Worth, Texas, has blocked requirements for insurers to provide some preventive-care services for free, including drugs for HIV prevention and screenings for depression, high blood pressure, sexually transmitted diseases and some kinds of cancer.

U.S. District Judge Reed C. O’Connor of the Northern District of Texas ruled Thursday in a lawsuit filed by six individuals and two businesses, including Braidwood Management Inc., a Christian for-profit corporation.

O’Connor gave nationwide effect to his former September 2022 decision on the validity of the task force that adopted the mandates under the Affordable Care Act. In that decision, he ruled that coverage mandates adopted by the U.S. Preventive Services Task Force weren’t valid because task force members were appointed in violation of the appointments clause. O’Connor also ruled in the previous decision that the mandate for HIV-prevention drugs violated the rights of religious plaintiffs under the Religious Freedom Restoration Act.

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Hochul may be eyeing Court of Appeals judge for chief judge–Times-Union

A ‘program bill’ would allow the governor to select a sitting Court of Appeals judge and then use the same list of finalists to fill the additional vacancy

Joshua Solomon

ALBANY — Gov. Kathy Hochul introduced a bill late Monday that could indicate she is considering nominating one of the Court of Appeals’ sitting justices to be the next chief judge of the state’s highest court.

The governor said the purpose of the legislation would be to streamline the judicial nominating process and prevent the Court of Appeals from operating for extended periods with only six of its seven members. 

The bill was proposed by the governor as she is reviewing a new list of finalists for chief judge that was issued last week by the Commission on Judicial Nomination. That list includes three associate judges serving on the Court of Appeals.

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New Chief Judge Shortlist Features Previously Excluded Liberal Judges–nyfocus.com

Sam Mellins /

JUST OVER A MONTH after the state Senate made history by rejecting Governor Kathy Hochul’s first pick to lead the state Court of Appeals, New York has a new shortlist for its next chief judge.

On Friday, the state Commission on Judicial Nomination sent Hochul a new list of seven candidates to fill the role, restarting the process that ended with her selection — and the Senate’s rejection — of Judge Hector LaSalle. Hochul must select her new nominee by April 23, at which point the nomination goes to the Senate for confirmation or rejection.

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Federal appeals court finds US consumer protection agency’s funding is constitutional–JURIST

Sean Beeghly | U. Pittsburgh School of Law, US

The US Court of Appeals for the Second Circuit Thursday upheld the funding of the Consumer Financial Protection Bureau (CFPB) as constitutional.

The court found the CFPB is funded by Title X of the 2010 Dodd-Frank Wall Street Reform and Consumer Protection Act. The court’s finding rejected the argument of the plaintiff in the case, the Law Offices of Crystal Moroney P.C., which argued that the agency’s ability to recover documents relating to debt collection violated the Appropriations Clause of the US Constitution.

The Appropriations Clause states, “No Money shall be drawn from the Treasury, but in Consequence of Appropriations made by Law.” The intent of the clause was to limit the executive branch’s spending power. In the US, Congress, instead of the executive branch, controls government funding. Congress must pass appropriation statutes in order for the government to spend money.

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Advice on Flat Fee Billing from Two Lawyers Who Do It–myshingle,com

By Carolyn Elefant 

This article summarizes key takeaways from the #ABATECHSHOW presentation “Flat Fees: the F Word You’ll Learn to Love” by flat fee pros Regina Edwards and Ashley Pepitone.  Summary based on my notes, compiled by Chat GPT with additional editorial review.

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Tax relief for New York storm victims–IRS

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Some New York winter storm and snowstorm victims now have until May 15 to file various federal individual and business tax returns and make tax payments. The IRS is offering relief to any area designated by the Federal Emergency Management Agency (FEMA) because of storms that occurred between Dec. 23 and Dec. 28, 2022. The current list of eligible localities is available on the Tax Relief in Disaster Situations page.

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Feds arrest and charge exiled Chinese billionaire over massive crypto fraud–TheRegister.com

This one has it all: Donald Trump’s inner circle, a Beijing bot backlash, conspiracy theories, and more…

Simon Sharwood

“We allege that Guo was a serial fraudster, who raised more than $850 million by promising investors outsized returns on purported crypto, technology and luxury good investment opportunities,” stated Gurbir S. Grewal, director of the US Securities and Exchange Commission’s Division of Enforcement.

“In reality, Guo took advantage of the hype and allure surrounding crypto and other investments to victimize thousands and fund his and his family’s lavish lifestyle.”

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Manhattan DA Bragg privately warns of intimidation after Trump calls for protest–Politico.com

By ERICA ORDEN

Manhattan District Attorney Alvin Bragg offered a private retort to Donald Trump’s message Saturday urging supporters to protest his expected indictment, telling office employees in an email that “we do not tolerate attempts to intimidate our office or threaten the rule of law in New York,” according to a copy obtained by POLITICO.

“Our law enforcement partners will ensure that any specific or credible threats against the office will be fully investigated and that the proper safeguards are in place so all 1,600 of us have a secure work environment,” Bragg wrote, adding that the office has been coordinating with the New York Police Department and Office of Court Administration, the administrative arm of the court system in New York.

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Situation in Ukraine: ICC judges issue arrest warrants against Vladimir Vladimirovich Putin and Maria Alekseyevna Lvova-Belova

Pre-Trial Chamber II considered, based on the Prosecution’s applications of 22 February 2023, that there are reasonable grounds to believe that each suspect bears responsibility for the war crime of unlawful deportation of population and that of unlawful transfer of population from occupied areas of Ukraine to the Russian Federation, in prejudice of Ukrainian children.

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