“A suspended Harris County civil judge who last year was indicted on federal wire fraud charges has been arrested in connection to an assault involving her estranged husband’s girlfriend at a Houston home, her lawyer said,” reports Nicole Hensley in Houston Chronicle.

“Police took state District Judge Alexandra Smoots-Thomas into custody at her Rice Military home Wednesday morning, the lawyer continued, with authorities saying she was accused of firing a shotgun during an argument with a woman Monday night in the 14000 block of Jewel Meadow Drive. Smoots-Thomas, who lost her re-election bid in July, has been out on bond for federal charges and was not permitted to possess a weapon, court records show.”

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“When defending a Lanham Act claim brought by a competitor, the doctrine of unclean hands—the lawyerly version of ‘But they did it too!’—can be a case-dispositive argument. Last month, the Ninth Circuit made it a bit easier to establish this defense, holding that a defendant arguing unclean hands need not prove that the plaintiff’s unclean conduct caused ‘actual harm,'” write Michael Sochynsky and Jonah M. Knobler in Patterson Belknap’s blog.

“The unclean hands defense is based on the equitable maxim that ‘he who comes into equity must come with clean hands.’ … Its roots lie in the English Court of Chancery—a royal ‘court of conscience’ that was able to grant relief in situations where the hidebound courts of law could not. Chancery’s unique focus on conscience and morality meant that plaintiffs seeking its aid were held to a high standard of behavior.”

“Unclean hands remains a viable defense today in the context of equitable claims.”

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“A Texas justice of the peace opened the country’s first virtual criminal jury trial Tuesday, experiencing relatively few technical interruptions that have plagued other online court hearings since the Covid-19 pandemic began,” reports David Lee in Courthouse News Services.

“Travis County Justice of the Peace Nicholas Chu is presiding over the virtual courtroom using Zoom videoconferencing software and is broadcasting the trial live to the public on YouTube. Court proceedings began at 8:30 a.m. in a misdemeanor case against a Texas woman accused of speeding in a construction zone.”

“Prosecutors and defense attorneys spent the first three hours explaining how to use Zoom and engaged in voir dire by polling potential jurors as to their experiences and biases towards speeding tickets and construction zones. A six-member jury with one alternate was sworn in after 1 p.m. and the trial is expected to last all of Tuesday.”

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“An Illinois appellate court affirmed the adjudication of a firm’s attorney’s liens down to zero, where the discharged firm failed to provide any evidence of the amount of hours it had spent on the case, and also where the firm had engaged in multiple breaches of its fiduciary duties to its clients. As a matter of law, the firm was not barred from receiving attorney’s fees, but the breaches of fiduciary duty were reasonable factors for the trial court to consider in determining the appropriate amount of fees to award,” reports Hinshaw Law in their Legal Updates.

“Scot Vandenberg was paralyzed after he fell off the upper deck of a yacht manufactured by Brunswick Corporation and Brunswick Boat Group, which was owned and operated by RQM, LLC. The McNabola Law Group represented Vandenberg and his wife in a negligence and strict liability action against Brunswick and RQM. The Vandenbergs signed a contingency fee agreement with the Firm, and agreed to pay the Firm’s actual expenses. The fee agreement also provided for compensation to the Firm in the event the Firm withdrew prior to the resolution of the Vandenbergs’ claims. In that case, the Vandenbergs agreed to pay the Firm at a rate of $450 per hour for the time spent on the claims, or 33.33% of the amount being offered in settlement at the time of the request to withdraw, whichever was greater.”

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“Several women and former employees accuse a prominent Chicago family attorney of sexual assault – all of it is outlined in a complaint filed last month by a state disciplinary board,” reports Charlie De Mar of CBSN Chicago.

The day after the report of “allegations against David Pasulka, the lawyer found himself in legal trouble – arrested for driving under the influence in Glenview.”

“… police in Glenview were called on Friday, July 24, to a McDonald’s in Glenview, where they said they found Pasulka in his car intoxicated and in need of medical help.”

“Glenview police said the man behind the wheel was Pasulka, the prominent Chicago family attorney and guardian ad litem. Police said he would not wake up, and he was so drunk that was taken to Glenbrook Hospital – where police said he was too intoxicated to take a breathalyzer or field sobriety test.”

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“An Atlanta, Texas, lawyer who was arrested last year by Texas Rangers for allegedly smuggling methamphetamine into the Cass County jail is now facing federal drug and weapons charges,” reports Lynn LaRowe in the Texarkana Gazette.

“A four-count indictment recently unsealed in the Marshall Division of the Eastern District of Texas alleges Bryan Lee Simmons, 49, is guilty of conspiracy to distribute meth from July 2019 through August 2019. Simmons was taken into custody at the Cass County jail Aug. 29, 2019.”

“Following his arrest in August 2019, Cass County District Attorney Courtney Shelton said Texas Rangers had been investigating and surveilling Simmons for at least a month. At that time, Simmons was arrested on state drug and weapons charges.”

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“A Milwaukee criminal defense lawyer found himself being handcuffed in a courtroom Thursday for the second time in less than a year,” reports Bruce Vielmetti in the Milwaukee Journal Sentinel.

“Last fall, police arrested Matthew Meyer, 35, in the Criminal Justice Facility on a host of charges related to a bitter, drawn-out exit from a volatile relationship with a former girlfriend.”

“On Thursday, a sheriff’s deputy put cuffs on Meyer again after he was sentenced to a year in jail for crimes the judge said were made worse by Meyer’s ‘energized evil’ against the woman, a 30-year-old medical professional he dated off and on for about three years starting in 2016.”

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“Three recent decisions demonstrate how the legal landscape continues rapidly to change and evolve in response to COVID-19. These decisions highlight certain developing uncertainties in the law, including the impact of COVID-19-related executive and administrative orders on the rights of private parties,” report Jonathan P. Wolfert, Eddy Salcedo, Owen R. Wolfe, and Sarah Fedner in Seyfarth’s News & Insights.

The takeaways from these recent decisions are that “These decisions reflect the importance of staying up to date not only on various executive and administrative COVID-19 orders and anticipating the effects of those orders on pending litigation, but also Court decisions interpreting such orders or otherwise dealing with the effects of COVID-19. The legal landscape will continue to be affected as courts grapple with the continuing fallout from the pandemic.”

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“The Indiana Supreme Court has imposed a 90-day suspension jointly proposed by the Disciplinary Commission and the respondent” Andrew Homan,  with automatic reinstatement following his conviction of operating a vehicle while intoxicated and several violations, reports Mike Frisch in Legal Profession Blog.

“Respondent was arrested for, and later pled guilty to, OWI. As a result of his refusal to comply with Indiana’s implied consent law at the time of his arrest, and later as a result of his conviction, Respondent’s license was suspended from May 2017 until July 2018. Respondent twice drove while his license was suspended. In addition, Respondent’s criminal probation was revoked after he was found in violation for consuming alcohol.”

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Paul “Jake” York, an attorney in Georgia, is accused of forging not just a prosecutor’s signature but also a judge’s in the hopes of getting his client’s ankle monitor taken off. “York’s client, Valerie Ryals, was ordered to wear an electronic ankle monitor after she was arrested for aggravated stalking. That set back the single mom $380 every two weeks, and York believed the charges against his client would ultimately be dismissed, so he asked assistant District Attorney Meredith Davis to sign off on bond modification,” writes Kathryn Rubino in Above the Law’s Lethal Ethics.

“York filed an order that would allow his client to remove the ankle monitor that purported to be signed by ADA Davis and Habersham County, Georgia Superior Court Judge B. Chan Caudell. Only problem, Caudell does not recall that at all and wasn’t even able to sign the order the date it was dated.”

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“As the COVID-19 pandemic continues with no certain end in sight, courts and lawyers alike must come to terms with the possibility that the conduct of trials may require dramatic changes to keep the wheels of justice turning,” write Thomas B. Fiddler and Vincent N. Barbera in White and Williams’ News & Resources.

“While bench trials (by video, and in some instances, live) present their own logistical challenges and strategic considerations, the prospect of video trials by jury adds additional layers of complexity. One threshold factor that must be carefully considered is the impact of video jury trials on the jury pool itself.”

“Significant change to any longstanding practice has consequences, both good and bad, and a shift to conducting jury trials remotely is no exception. Replacing the need to report to court for jury duty with the need to report to one’s personal computer may help remove barriers associated with transportation, but invariably presents a host of new questions and challenges. What about potential jurors who do not own or have access to the necessary technology to participate? What about potential jurors who do not possess the necessary skills to operate the technology required to fully and appropriately participate? These and similar questions highlight an unintended, but likely consequence: the de facto exclusion of jurors who do not own the requisite assets or possess the necessary technical skillset to qualify for remote jury service. In turn, there is a realistic possibility that neither plaintiffs nor defendants will have access to the jury of their choosing or a jury of ‘their peers.'”

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“St. Louis prosecutors recently charged attorneys Mark and Patricia McCloskey with ‘unlawful use of a weapon’ after their zany impromptu gun show a few weeks ago,” reports Joe Patrice in Above the Law’s Crime.

“Waving an AR-15 and a pistol at marchers passing by their house may confer hero status among the white grievance set, but in the real world it opens you up to felony charges. Luckily for them, Attorney General Eric Schmitt also gets his CLE credits from Tucker Carlson and he’s on a mission to end the politicization of the justice system by directly injecting himself into the process for purely political reasons.”

“The crux of Schmitt’s argument, outlined in a 12-page amicus brief, is that the Second Amendment protects every American’s right to brandish deadly weapons, the castle doctrine applied to the McCloskeys’ actions on their own property, and that any prosecution would chill others from trying to go Tony Montana on peaceful protestors.”

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Despite COVID-19 travel restrictions, quarantine, travel insurance claim denied  

MARSHALL, Texas – An East Texas woman has filed a proposed class action lawsuit against the company that serves as the VRBO travel website’s exclusive travel insurance provider. The lawsuit alleges that CSA Travel Protection, the American affiliate of Italy-based Assicurazioni Generali Group, has refused to honor its policy and refund more than $3,500 for a cancelled booking of oceanfront property in Florida. 

 Tralisa Sheridan, a resident of White Oak, Texas, made a reservation through VRBO in March 2019 for accommodations in Navarre, Florida, to host multiple family members for her daughter’s destination beach wedding, planned for March of 2020. At the time of the booking, Ms. Sheridan paid $180 for a travel insurance coverage plan from CSA. 

Sheridan and the wedding party planned to drive to and from the destination, beginning on March 21, the same day Santa Rosa County officials suspended all access to Navarre’s beaches. Because of this action and the prior rollout of other COVID-19 travel restrictions, including the imposition of 14-day quarantine requirements for interstate travel between Texas and Florida, Sheridan promptly notified VRBO and CSA of the need to cancel the booking and provide a refund. 

 CSA responded by email 38 days later that the claim was being denied, and despite multiple subsequent requests by Sheridan, the insurer has provided no further details or rationale for the denial. 

 “Unfortunately, we’re seeing too many examples of insurers in the travel and hospitality sector attempting to shirk their responsibilities and failing to honor rightful claims,” said Derek Potts, the attorney for Ms. Sheridan. “Through a class action against these defendants, we will seek the compensation that thousands of individuals who booked through VRBO and purchased this insurance are due.” 

 The case is Tralisa Sheridan et. al. v. Assicurazioni Generali et.al., No.220-CV-244, filed in U.S. District Court for the Eastern District of Texas in Marshall.  

“The city of Oakland has settled a lawsuit with the victims of the 2016 ‘Ghost Ship’ fire that killed 36 people. The total settlement is for $32.7 million — $23.5 million will go to families of people who died, and $9.2 million will go to Sam Maxwell, who survived the fire with lifelong injuries,” reports Andrew Limbong in NPR’s Arts & Life.

“Oakland’s City Council wrote in a statement the ‘The City continues to assert, as the agreement provides that it is not liable for these tragic losses. The City decided to settle this case because of the cost-benefit analysis.'”

“Paul Matiasic, an attorney representing five of the victims families, said in a statement that the case has always been about more than just money.”

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“Miami lawyer Samuel J. Rabin Jr. decided not to take any chances when he went to the federal courthouse recently for his client’s sentencing hearing amid the novel coronavirus crisis,” reports Debra Cassens Weiss in ABA Journal’s News.

“Rabin wore a full, disposable hazmat suit that he obtained from a contact who sells medical supplies, the Daily Business Review reports.”

“Rabin had the option of appearing by Zoom after the judge denied a continuance for his client. But Rabin told the Daily Business Review that he thought it was important to be there in person for his client.”

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“Harvey Weinstein and his former studio’s board have reached a nearly $19 million settlement with dozens of his sexual misconduct accusers, New York state’s attorney general and lawyers in a class-action lawsuit,” reported in MarketWatch’s Associated Press.

“The deal, if approved by judges in federal courts, would permit accusers to claim from $7,500 to $750,000 from the $18.8 million settlement.”

“The former Hollywood producer was convicted earlier this year of rape and sexual assault against two women. Accusations by dozens of women in 2017 destroyed his career and gave rise to #MeToo, the global movement to hold powerful men accountable for their sexual misconduct.”

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“Prosecutors contended attorney Keith Mitchell is a flight risk who should remain behind bars after he eluded authorities for more than 24 hours and potentially obstructed justice when he called four Toledo city councilmen after learning he and they were the targets of a federal bribery and corruption probe,” reports Allison Dunn in The Blade.

“Mr. Mitchell told a federal judge he thought the call he received Tuesday morning by an FBI agent informing him of his pending criminal charges was nothing more than a prank, hence his refusal to disclose his location during the call — and his subsequent contact with his four co-defendants.”

“But the call, it turned out, was no prank. And even though U.S. District Court Judge Jeffrey Helmick on Wednesday declined prosecutors’ request and released Mr. Mitchell from custody, the long-time lawyer with deep community ties nows joins city councilmen Yvonne Harper, Tyronne Riley, Larry Sykes, and Gary Johnson, in a precarious position: free on bond, but very much under scrutiny as the federal government embarks on what could be the largest public corruption prosecution in northwest Ohio history.”

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“A federal prosecutor was wrongfully arrested when cops slapped the cuffs on her for advising her boyfriend of his legal rights during a drunk-driving stop, a new lawsuit alleges,” reports Priscilla DeGregory in the New York Post’s Metro.

“Assistant US Attorney Bianca Forde was arrested on Nov. 30 when her boyfriend Joseph Paul got pulled over for suspected drunk driving in Midtown Manhattan and was asked to take a Breathalyzer test, according to a Manhattan civil suit filed against officers Fidel Hernandez, Christophe Williams and Weigand, whose first name was not included in the suit.”

“Forde, the passenger, allegedly said at the time ‘I’m a US attorney. I’m his attorney — he doesn’t have to blow.'”

“Paul did anyhow and passed the breath test and wasn’t arrested.”

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“A lawyer will stay on the hook for a $300,000 malpractice verdict after walking out on a client who was unhappy with the way settlement talks in a divorce were going,” reports John O’Brien in Legal Newsline’s Attorneys & Judges.

“The California Fifth Appellate District affirmed a Stanislaus County judgment against the Law Office of Leslie F. Jensen, who told her client ‘I’m done’ shortly before the divorce trial was to begin.”

“Jensen wanted Krista Masellis to accept an $800,000 offer, even though valuations placed Krista’s share at $1.5 million or more. Krista had urged Jensen to depose her soon-to-be-ex-husband because she thought he might be hiding assets, but Jensen never did.”

“When Jensen told Masellis she wouldn’t ask for more than $800,000, even though Masellis wanted much more, Masellis told her she didn’t have the client’s best interest in mind.”

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“A Morristown lawyer lied about making campaign contributions to Mount Arlington officials in 2016, a year before her firm was awarded a ‘lucrative contract’ with the borough, according to law enforcement officials,” reports Fred J. Aun in Tap into Roxbury’s Law & Justice.

“The lawyer, Elizabeth Valandingham, 47, of Morristown, now faces up to 10 years in prison and fines of up to $150,000 if convicted, said the state Attorney General’s Office on Friday.”

“Mount Arlington required that Valandingham certify her law firm ‘made no reportable political contributions in the year preceding the award of the contract.’ Valandingham made that certification and the borough subsequently ‘awarded the firm a lucrative contract, earning the firm in excess of $470,000.”

“The charges allege Valandingham actually donated $7,500 to Mount Arlington officials in 2016 and used ‘straw donors’ to do so surreptitiously.”

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