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Lawyers: 2014 arrest at Vegas hotel precursor to killings
Court Watch | 2018/07/07 07:45

Attorneys in a negligence lawsuit stemming from the Las Vegas Strip shooting say the massacre could have been avoided if hotel management tightened security after a man was found with multiple weapons at the Mandalay Bay resort in 2014.

Lawyer Robert Eglet said Friday the arrest of Kye Aaron Dunbar in a 24th-floor Mandalay Bay room with guns including an assault-style rifle, a tripod and a telescopic sight bears similarities to the Oct. 1 shooting.

Last year, gunman Stephen Paddock killed 58 people shooting modified assault-style weapons from a 32nd-floor room at the Mandalay Bay into a concert crowd below.

Dunbar is 32 and serving federal prison time after pleading guilty to unlawful possession of a firearm by a felon.

Hotel officials aren't commenting about a court filing Thursday that brought the Dunbar case to light.



Feds say ex-firm of Stormy Daniels' lawyer owes unpaid taxes
Court Watch | 2018/07/06 06:46

The Justice Department says Stormy Daniels' lawyer, Michael Avenatti, made "misrepresentations" in a bankruptcy case involving his former law firm that owes more than $440,000 in unpaid federal taxes.

Avenatti's former firm, Eagan Avenatti LLP, had agreed in January to pay about $2.4 million in back taxes and penalties as part of a resolution of a bankruptcy case involving the firm.

Court documents show some of the money was paid, but attorneys for the government said in May that the firm still owed a portion of the unpaid tax money.

On Tuesday, the U.S. attorney's office in Los Angeles filed a motion asking a federal judge to compel the payment of $440,291 in unpaid taxes and more than $11,700 in interest. Lawyers from the U.S. attorney's office represent the government in bankruptcy court when there's a debt to a government agency, like back taxes or unpaid student loans.

Avenatti, who has garnered national attention as the attorney for Daniels, the porn actress who is suing President Donald Trump following an alleged 2006 affair, said Wednesday that the court filing was "part of a smear campaign" and stressed that he doesn't personally owe any of the money.


Lawsuit seeks lawyer access to immigrants in prison
Court Watch | 2018/06/22 06:32

A rights group filed an emergency lawsuit in federal court Friday against top officials of U.S. immigration and homeland security departments, alleging they have unconstitutionally denied lawyers' access to immigrants in a prison in Oregon.

Immigration and Customs Enforcement transferred 123 immigrants in early June to the federal prison in Sheridan, Oregon, because other holding facilities have been overloaded since the Trump administration enacted a "zero tolerance" policy in April involving people entering the U.S. illegally.

The American Civil Liberties Union of Oregon filed the lawsuit in Portland on behalf of the detainees, who are mostly from Mexico and Central America. The lawyers say they've been denied meaningful access to the detainees, many of whom escaped violence in their home countries and are seeking asylum in the U.S.

"The U.S. Constitution protects everyone who is on U.S. soil," said Mat Dos Santos, legal director of the ACLU of Oregon. "You have fundamental rights to due process of law. You can't just throw them in prison."

An interfaith group, meanwhile, announced it would be holding Sunday morning services outside the prison. The Interfaith Movement for Immigrant Justice, which is organizing the services, is based in Portland.

"With Attorney General Jeffrey Sessions invoking Romans 13 to validate the immoral separation of immigrant children from their families, this can no longer be a time for 'business as usual' for Christian communities," said the Rev. Michael Ellick of First Congregational United Church of Christ in Portland.

Last week, Sessions cited a Bible verse urging obedience to the laws of government "for the purpose of order."

Among the people being held in the medium-security prison is Luis Javier Sanchez Gonzalez, whose family was separated at the border when they sought asylum at a port of entry, the ACLU said.



USCIS Completes Lottery for Temporary Increase in FY 2018 H-2B Cap
Court Watch | 2018/06/18 18:25

U.S. Citizenship and Immigration Services (USCIS) began receiving H-2B petitions under the temporary final rule increasing the numerical limit, or cap, on H-2B nonimmigrant visas by up to 15,000 additional visas through the end of fiscal year (FY) 2018.

In the first five business days of filing, USCIS received petitions for more beneficiaries than the number of H-2B visas available under the FY 2018 supplemental cap. Accordingly, regulations required USCIS to use a computer-generated selection process, commonly known as a lottery, to randomly select enough petitions to meet, but not exceed, the increased H-2B cap for FY 2018. USCIS ran this lottery on June 7, 2018, and on June 11, 2018, began issuing notifications to the petitioners that were selected.  

USCIS will reject and return unselected petitions with their filing fees, as well as any cap-subject petitions received after June 6, 2018.

Petitions accepted for processing will have a receipt date of June 11, 2018. Premium processing service for these petitions begins on that receipt date.

Only employers whose petitions were accepted will receive receipt notices.



Seals can keep using San Diego children's beach, court says
Court Watch | 2018/06/10 21:07

A California appeals court has upheld a San Diego city ordinance that closes a picturesque children's beach for nearly half the year so that seals may give birth, nurse and wean their pups.

In a decision filed Thursday, the 4th District Court of Appeal reversed a lower court ruling that set aside the ordinance governing Children's Pool Beach in La Jolla, an affluent seaside community in San Diego.

Thursday's ruling will allow for the beach to continue to be closed between Dec. 15 and May 15 every year. Violators face misdemeanor penalties of up to $1,000 in fines or six months in jail.

The Children's Pool is an artificial cove that was used as a swimming hole for youngsters until seals began moving in during the 1990s — spurring a yearslong feud between supporters of the animals and those who want beach access.

In 2014, the City Council approved closing the beach for part of the year after concluding that other efforts to protect the seals during their breeding season haven't worked. The California Coastal Commission issued a permit allowing that action.

Visitors to the area often walk up to the seals, pose for selfies with them and mimic the barking noise they make. When they're disturbed, seals can abandon their pups, give birth prematurely or miscarry, or become frightened and accidentally stampede babies. They've also nipped at humans.

The group Friends of the Children's Pool sued San Diego and the coastal commission, arguing that the Marine Mammal Protection Act and California Coastal Act give the federal government jurisdiction over marine mammals, not local governments. The group won a trial court ruling in the matter.

The appeals court rejected the group's argument and the lower court's ruling, saying nothing in the protection act pre-empts a state's ability to regulate access to its own property.



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