Special Reports Coming to National Courts Monitor (NCM)

SPECIAL REPORTS: In the coming weeks, the National Courts Monitor (NCM) will be announcing a series of “special reports” focusing on some of today’s most urgent civil litigation issues. Similar to the print-edition special reports that helped launch the website in California (as the California Courts Monitor) more than a decade ago, the reports from across the country will include original reporting and production from the NCM while also showcasing investigative and writing from partner organizations. Watch this space for more information, and we are making this announcement now because our reporters and video producers are now in the field conducting the background research necessary for multi-media reporting on issues including environmental lawsuits, immigration issues and, of course, the rationing of civil justice in America.

– THE EDITORS

Update: Court sides with Mary Trump

The Washington Post reports that one day after imposing a restraining order to allow the parties to present arguments at a hearing about whether or not Mary Trump, the President’s niece could publish her tell-all book, “A New York court on Wednesday lifted a temporary restraining order against the publication of a book by President Trump’s niece, enabling publisher Simon & Schuster to continue printing and distributing the explosive insider account by Mary L. Trump.”

Publication of Trump Tell-All Book Halted by New York Judge


The book jacket for “Too Much and Never Enough” by Mary Trump. Image credit: Simon & Schuster as published in The Washington Post.

Originally filed in Queens County (New York) Surrogate’s Court but rejected, President Donald Trump’s brother, Robert Trump, then filed a petition with the New York State Supreme Court to request an injunction that would halt the publication of a tell-all book scheduled to be published by the President’s niece on July 28.

According to The Washington Post, “A New York judge on Tuesday temporarily blocked the publication of Mary L. Trump’s scathing book about her uncle, President Trump, which describes him as the ‘world’s most dangerous man,’ saying no copies can be distributed until he hears arguments in the case.”

The article explains that Judge Hal B. Greenwald ordered a hearing next month and that Robert Trump has argued that Mary Trump is not allowed to publish anything about her family as part of an inheritance settlement.

Given the temporary restraining order, it is uncertain whether the book, “Too Much and Never Enough: How My Family Created the World’s Most Dangerous Man,” will publish in late July. The book is already topping the bestseller lists in presales.

Roundup Settlement Announced

When Bayer took over Monsanto in 2018 for $63 billion, it inherited myriad legal disputes around its glyphosate-based weedkillers, including its best-known product, Roundup. Bayer announced earlier this week that it will settle those disputes.

“Bayer AG, after more than a year of talks, agreed to pay as much as $10.9 billion to settle close to 100,000 U.S. lawsuits claiming that its widely-used weed killer Roundup caused cancer, resolving litigation that has pummeled the company’s share price,” Reuters reports.

“Bayer wisely decided to settle the litigation rather than roll the dice in American court,” said Ken Feinberg as reported by Reuters. Feinberg was appointed settlement mediator by a federal judge over a year ago and has mediated other high-profile legal disputes, including the September 11th Fund, the BP disaster, and Volkswagen’s diesel emissions violations.

California’s AB3070 promises to address discrimination in jury selection

 

Sacramento State Capitol building on Capitol Way. Photo Credit: Jason Doiy/ALM as reported by The Recorder, 6/16/20.

AB3070 easily passed the California State Assembly this month. The legislation targets the discriminatory use of peremptory challenges in jury selection.

Cheryl Miller for The Recorder explains, “The measure would bar the use of peremptory challenges to remove potential jurors on the basis of race, ethnicity and gender. The bill would require attorneys trying to strike a would-be juror to show by clear and convincing evidence that their rationale is not related to the person’s group identity. Appellate courts would be required to review the strikes de novo.”

The next step for the bill is a policy committee hearing in the California Senate.

Avenatti uses COVID-19 as excuse to move trial to California

Photo credit: Mark Lennihan/ AP as reported by Law.com.

“Michael Avenatti has again asked a Manhattan federal judge to transfer his pending criminal case to California, where he is also under federal indictment, arguing that complications from the COVID-19 pandemic made it impractical to proceed with separate trials on two coasts,” reports Law.com.

Avenatti became a household name when he represented adult-film star Stormy Daniels in her lawsuits against President Donald Trump. Avenatti wants to move the case accusing him of stealing from Daniels from New York to Los Angeles, where he is charged with “tax fraud, bankruptcy fraud and other offenses in a 36-count indictment alleging that he had stolen from former clients.”

In a six-page transfer motion he argues both cases should be tried together due to court backlogs and public safety.