JURIST – Federal judge orders release of immigrant children from detention centers

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[JURIST] Judge Dolly Gee of the US District Court for the Central District of California [official website] on Friday upheld [order, PDF] her July decision [JURIST report] and ordered the government to release immigrant children held in family detention centers, “without necessary delay.” The original ruling [opinion, PDF] found that the current Department of Justice (DOJ) [official website] method of detaining children with their mothers violates a 1997 court settlement. The settlement bars children from being detained in unlicensed secure facilities. 

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Lawyer who billed clients for watching true-crime shows is suspended-ABA Journal

BY DEBRA CASSENS WEISS

A “doggedly unrepentant” lawyer who billed her wrongful death clients for watching reality crime TV shows has been suspended for a year from law practice.

The Tennessee Supreme Court upheld the suspension of Knoxville lawyer Yarboro Sallee, who was accused of billing her clients hourly fees of more than $140,000 for less than three months of work and insisting that they pay a contingency fee as well. The Legal Profession Blog, the Chattanoogan and the Knoxville News Sentinel have stories. The July 23 opinion is here (PDF).

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From the Decision:

In her motion, Attorney Sallee also objected to the trial court’s comment that she “watched TV and charged her client for it.” She characterized this statement as “ridiculous,” adding, “since when is television not a respectable avenue for research anyway.” Attorney Sallee pointed to a particular time entry on her “billing statement” as legitimate billable time because it was spent watching a five-hour documentary on the Peterson “Stair Case Murder” in North Carolina. Her motion did not address a 12.5-hour time entry on September 25, 2010, for watching “48 Hours” episodes on similar spousal homicides, a 4.0-hour time entry on October 19, 2010 for watching four “48 Hours” episodes on asphyxia, or a 3.5-hour time entry on October 20, 2010 for watching these same “48 Hours” episodes a second time. At Attorney Sallee’s regular hourly rate, this would amount to over $5,000 for watching episodes of “48 Hours.” 

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Read entire article here.

Animal Legal Defense Fund, et al. v. Otter, et al.

New York Justice Denies Habeas Corpus Relief for Hercules and Leo Given Precedent Set in Previous Case, ‘For Now’

July 30, 2015– New York County Supreme Court Justice Barbara Jaffe issued a 33-page decision in the case of the chimpanzees Hercules and Leo, held in captivity in a Stony Brook University laboratory.

Justice Jaffe denied habeas corpus relief to Hercules and Leo only because, as she wrote, “for now” she is bound by the intermediate appellate court decision in Tommy’s case, which is before the Court of Appeals seeking further review. 

Read the decision here.

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NSBA issues guide on the impact of Obergefell same-sex marriage decision on school districts

Historic SCOTUS ruling; Obergefell by G-A-Y

The National School Boards Association (NSBA), along with two other key education groups, has issued a guide, titled “Same Sex Marriage – What the Obergefell Decision Means for School 

Districts,” 

It discusses the legal impact of the U.S. Supreme Court’s decision in Obergefell v. Hodges, 576 U.S. ___, 2015 WL 2473451 (June 26, 2015), on local school board policies.

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Cosby lawyers blame his accuser for release of his deposition by court reporting service-ABA Journal

BY DEBRA CASSENS WEISS

Lawyers for Bill Cosby argued in a motion (PDF) on Tuesday that his accuser in a 2005 sex-abuse suit was trying to “smear” him and should have ensured that court reporters knew his deposition transcript was still confidential.

The New York Times obtained the deposition transcript from a court reporting service and summarized the contents in a story that asserted the deposition was never sealed. But lawyers for Cosby say the court reporting service, Kaplan Leaman & Wolfe, should not have released the document under terms of the suit’s settlement, report the Legal Intelligencer, the New York Times, the Guardian and Time magazine.

The filing by lawyers at Cozen O’Connor says Cosby’s accuser in the suit, a Temple University employee, should be sanctioned partly for release of the deposition transcript to the media through her “own hired court reporter … without a word to the defendant.” The motion does not include specifics on sanctions sought and says relief will be sought separately.

Read entire article here.

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A New Appellate Court Opinion on “Pocket Dialing” – Jim Calloway’s Law Practice Tips Blog

Yes, I know we all call it something else other than “pocket dialing,” but congratulations to the Sixth Circuit U.S. Court of Appeals for using a more polite term.

Huff vs Spaw (Download in PDF) was issued this week.

Click here to read the entire article on this techno-law issue.

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