Hour 1
Arkansas State Police v. Recop
On February 21, 2020, Racop sent an email request for public records pursuant to FOIA to ASP. Specifically, Racop requested:
Photographs for all uniformed, plain clothed, non-undercover Arkansas State Troopers hired since I made a similar request on June 11, 2019.
* * *Finally, ASP relies on nonbinding authority from an opinion by the Arkansas Attorney General, which supports ASP’s position that the photographs are exempt from release:
https://law.justia.com/cases/arkansas/supreme-court/2022/cv-21-183.html
I will note that this office has long opined that the photographs of police officers are personnel records and that photographs of undercover police officers are exempt from disclosure (e.g. Opinion No. 96-005). Further, if a department currently employs undercover officers
Bank of America Is Refusing to Forgive Some PPP Loans in Full, Giving Small Businesses Little Recourse
After widespread complaints about the slow and confusing forgiveness process across all lenders, in August the SBA set up its own portal through which small business owners can apply directly with the agency. But banks had to opt in to the SBA’s portal, and Bank of America is among those that refused to do so. That means businesses that got their PPP loans through the bank have no other option than to go through the bank’s own portal. In a statement, Bank of America said, “If we used the SBA’s site … we would still be required to review each application for forgiveness and provide the recommended forgiveness amount, as we do on our own site.”
https://theintercept.com/2022/02/02/bank-of-america-ppp-loans-small-businesses/
Defenses to Collection of Rental Debt
With the expiration of eviction moratoria and the rapid depletion of emergency rental assistance, millions of tenants are facing an avalanche of rental debt. This includes money allegedly owed relating to a current or prior tenancy, and includes amounts for rent arrears, claims for unpaid rent after breaking a lease, and claims for alleged damage to the rental unit. This debt, when reduced to a judgment, can result in wage and bank account garnishments. Even when not reduced to a judgment, this debt can significantly lower someone’s credit score, which hurts tenants’ ability to secure safe and affordable new housing. Landlords also often refuse to rent to applicants with alleged unpaid debt to prior landlords.
https://library.nclc.org/defenses-collection-rental-debt
Lawyer sanctioned for whispering to client during Zoom depo ordered to get counseling
[The Judge] noted Rosin has “suffered several consequences for his misconduct” and declined to impose any further reprimand. He was forced to withdraw from the employment case, and his firm gave up $65,000 in legal fees.
https://www.reuters.com/legal/government/lawyer-sanctioned-whispering-client-during-zoom-depo-ordered-get-counseling-2022-01-20/
Social Security Law Firm Can Keep $1,556 Per Hour Fee Award
The U.S. District Court for the Southern District of New York pared Binder & Binder’s request to $19,350, which was $750 per hour for the 25.8 hours the firm actually spent preparing for the appearances in the court. The $1,556 rate requested was at the high end of the permissible fee range, while the $750 rate was more in line with the usual rate, it said.
https://news.bloomberglaw.com/business-and-practice/social-security-law-firm-can-keep-1-556-per-hour-fee-award
Melendez v. Westlake Services, Inc.
Continues into hour 2.
Hour 2
Melendez v. Westlake Services, Inc.
The trial court awarded attorney fees ($115,987.50), prejudgment interest ($2,956.62), and costs ($14,295.63) jointly and severally against Westlake, Southgate, and other defendants. The court of appeal affirmed. The limitation does not preclude the recovery of attorney fees, costs, nonstatutory costs, or prejudgment interest.
https://law.justia.com/cases/california/court-of-appeal/2022/b306976.html
OWNERS SUED AFTER COMPANY DISSOLVED: New Ruling Highlights Why TCPA Liability Doesn’t Always Die With Company Making Calls
Since the company was out of business, the Plaintiff sued two guys–Jeff Giles and Dale Brown, personally. He alleged Giles and Brown were the sole owners and directors of FII and, as such, “personally participated” in the alleged TCPA violations First Impression Interactive committed.
* * *
https://tcpaworld.com/2022/01/25/owners-sued-after-company-dissolved-new-ruling-highlights-why-tcpa-liability-doesnt-always-die-with-company-making-calls/
The corporate form is a great shield for many types of liability but TCPA claims flow right through it and can be used to attack individuals taking the allegedly illegal acts.
Kampmeyer v. State – Tennessee Supreme Court.
Steven was injured when his car collided with a Tennessee state vehicle parked in the roadway. Steven gave written notice of his claim to the Tennessee Division of Claims and Risk Management, which transferred the claim to the Tennessee Claims Commission. Steven and Melissa then filed a complaint with the Claims Commission. The complaint contained Melissa’s loss of consortium claim, which was not in the written notice Steven gave to the Division of Claims and Risk Management.
https://law.justia.com/cases/tennessee/supreme-court/2022/m2019-01196-sc-r11-cv.html
PetSmart, Inc. v. District Court – Supreme Court of Nevada.
The Supreme Court held that a pet store may not be held liable under tort law where a dog adopted at the store through an adoption event conducted by an independent charitable organization later attacks and injures an individual if the pet store did not assume a duty of care or have an agency relationship with the charitable organization that conducted the adoption event.
https://law.justia.com/cases/nevada/supreme-court/2021/82454.html
REVERSED! Tenth Circuit Holds That There IS Jurisdiction in Colorado Over A Florida Company That Made Calls to a Vermont Phone Number.
Citing the Court’s recent decision in Ford Motor Co. v. Montana Eighth Judicial District Court, 141 S. Ct. 1017 (2021), the Tenth Circuit reversed. Recall that in Ford, the automaker argued that it could not face suit in Montana or Minnesota for defects that killed and maimed in those States because neither vehicle was designed, manufactured, or first sold in the State where the accident occurred. The Court rejected that argument, explaining that specific jurisdiction arises when a defendant “serves a market for a product in the forum State and the product malfunctions there.”
https://tcpaworld.com/2022/01/18/reversed-tenth-circuit-holds-that-there-is-jurisdiction-in-colorado-over-a-florida-company-that-made-calls-to-a-vermont-phone-number/
United States v. Jackson – , No. 19-10070 (9th Cir. 2022)
Jackson violently attacked his girlfriend. The entire attack lasted six-seven minutes. Jackson was convicted of assault resulting in serious bodily injury,** 18 U.S.C. 113(a)(6), and kidnapping, section 1201(a)(2).
https://law.justia.com/cases/federal/appellate-courts/ca9/19-10070/19-10070-2022-02-03.html
* * *
The primary conduct here was an assault causing serious bodily injury, which inherently requires the defendant to keep the victim in close enough proximity to inflict the injuries. The fourth factor, whether the holding created significant danger independent of the separate offense, also weighs against classifying the conduct as kidnapping.
United States v. Kramer, No. 20-3458 (7th Cir. 2022)
Kramer was the U.S. open class offshore powerboat champion but he was also a successful drug lord and money launderer who made millions smuggling vast quantities of marijuana in the 1980s. After his arrest, he tried to escape prison hanging off the skids of a helicopter. He was convicted in Illinois for drug and criminal enterprise offenses and in Florida under RICO; $60 million and $50 million forfeiture judgments were entered against him as part of his sentences.
https://law.justia.com/cases/federal/appellate-courts/ca7/20-3458/20-3458-2022-02-07.html
Moran v. The Screening Pros, LLC, No. 20-55908 (9th Cir. 2022)
The Ninth Circuit previously held that Screening Pros, a credit reporting agency, violated FCRA when, in 2010, it issued a tenant screening report that disclosed a criminal charge that was filed against Moran in 2000 (beyond the seven-year window) but dismissed in 2004 (within the seven-year window).
https://law.justia.com/cases/federal/appellate-courts/ca9/20-55908/20-55908-2022-02-08.html
Music Credits
Marvin Gaye – I Heard It Through The Grapevine
https://youtu.be/hajBdDM2qdg
The Pink Panther Theme Music
https://youtu.be/lp6z3s1Gig0
Tommy Tutone – 867-5309/Jenny
https://youtu.be/6WTdTwcmxyo
You’re so Vain – Carly Simon
https://youtu.be/cleCtBP0o5Y
Mason Proffit: Two Hangmen
https://youtu.be/CC3yZdG_2Bc
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