courthousenews--2020-08-14--Megachurch Sues LA County, California Over Indoor Worship Ban

LOS ANGELES ( CN ) — A Southern California megachurch sued Governor Gavin Newsom and Los Angeles Mayor Eric Garcetti on Thursday over public health orders banning indoor worship services during the coronavirus pandemic .
The Grace Community Church claims religious discrimination by the city and state due to Covid-19 health orders prohibiting indoor church services among other claims , according to a complaint filed in LA County Superior Court on Thursday .
“ This is not the first time we as Christ ’ s church have stood for truth , ” Pastor John MacArthur said in a statement .
@ @ @ @ @ @ @ for the truth today like we have every prior day in our 63-year history and as the biblical New Testament church has done for more than 2,000 years.
” LA County has also slapped the megachurch and MacArthur with a public nuisance complaint for holding indoor worship services — attended by thousands of unmasked worshippers — in violation of the Covid-19 public health orders .
The county said it filed its complaint “ reluctantly ” after working with the church for several weeks so services could comply with the county ’ s health @ @ @ @ @ @ @ safety of both worshippers and the wider community , indoor worship services have been prohibited within the county since mid-July , ” the county said in a statement , without commenting on the specifics of its lawsuit .
“ One thing is certain : we will not be able to enforce our way out of this pandemic and we need everyone doing their part to keep themselves and each other safe and healthy.
” But the church claims the city ’ s cease and desist letter sent in late July threatened the church @ @ @ @ @ @ @ or arrest .
Grace Church also name the state ’ s and county ’ s public health directors , the LAPD chief of police , the California attorney general , and the LA County sheriff .
The church claims violation of its rights to free speech , equal protection , separation of powers and due process under California law among other charges .
The church and MacArthur are represented by the Thomas More Society special counsel Jenna Ellis and Charles LiMandri .
According to the complaint , the church resumed its Sunday services @ @ @ @ @ @ @ Americans in deciding that enough is enough.
” “ We hoped that Los Angeles County would see its error on its own , but after attempted negotiations with their counsel , California is still intent on targeting churches — specifically , Grace Community Church , ” Ellis said in a statement .
In a statement LiMandri said , “ Pastor MacArthur and his church , as well as all churches , are entitled to practice their religion without government interference .
This is especially the case when the government has given free rein @ @ @ @ @ @ @ restricting marijuana dispensaries , large retail outlets and factories , or abortion providers.
” As of Thursday , LA County has reported over 216,000 confirmed coronavirus infections and over 5,100 deaths .
While California has reported over 593,000 cases , that figure does not include Thursday ’ s totals .
LA County alone reported nearly 2,000 new cases and 64 deaths .
Updates from the other southland counties of Orange , San Bernardino , Riverside , Ventura and others across the state will likely push the total confirmed infections in California over 600,000 @ @ @ @ @ @ @ died from the virus that causes Covid-19 .
The Golden State saw a surge in infections in early June after health orders were relaxed to allow certain parts of the economy — and churches — to reopen .
Emails to LA County health officials , Garcetti and Newsom were not immediately answered .

A Southern California megachurch sued Governor Gavin Newsom and Los Angeles Mayor Eric Garcetti on Thursday over public health orders banning indoor worship services during the coronavirus pandemic.
LOS ANGELES (CN) — A Southern California megachurch sued Governor Gavin Newsom and Los Angeles Mayor Eric Garcetti on Thursday over public health orders banning indoor worship services during the coronavirus pandemic.
The Grace Community Church claims religious discrimination by the city and state due to Covid-19 health orders prohibiting indoor church services among other claims, according to a complaint filed in LA County Superior Court on Thursday.
A Los Angeles County Superior Court Judge on Friday denied LA County health officials motion for a temporary retraining order to block the Grace Community Church of Valley from holding in-person services during the Covid-19 pandemic. County health officials sought court intervention due to the ongoing health officer’s order prohibiting large gatherings.
“This is not the first time we as Christ’s church have stood for truth,” Pastor John MacArthur said in a statement. “We will continue to stand firm for the truth today like we have every prior day in our 63-year history and as the biblical New Testament church has done for more than 2,000 years.”
LA County has also slapped the megachurch and MacArthur with a public nuisance complaint for holding indoor worship services — attended by thousands of unmasked worshippers — in violation of the Covid-19 public health orders.
The county said it filed its complaint “reluctantly” after working with the church for several weeks so services could comply with the county’s health orders.
“For the health and safety of both worshippers and the wider community, indoor worship services have been prohibited within the county since mid-July,” the county said in a statement, without commenting on the specifics of its lawsuit. “One thing is certain: we will not be able to enforce our way out of this pandemic and we need everyone doing their part to keep themselves and each other safe and healthy.”
But the church claims the city’s cease and desist letter sent in late July threatened the church with a daily fine of $1,000 or arrest.
Grace Church also name the state’s and county’s public health directors, the LAPD chief of police, the California attorney general, and the LA County sheriff. The church claims violation of its rights to free speech, equal protection, separation of powers and due process under California law among other charges.
The church and MacArthur are represented by the Thomas More Society special counsel Jenna Ellis and Charles LiMandri.
According to the complaint, the church resumed its Sunday services on July 26 “joining millions of Americans in deciding that enough is enough.”
“We hoped that Los Angeles County would see its error on its own, but after attempted negotiations with their counsel, California is still intent on targeting churches — specifically, Grace Community Church,” Ellis said in a statement.
In a statement LiMandri said, “Pastor MacArthur and his church, as well as all churches, are entitled to practice their religion without government interference. This is especially the case when the government has given free rein to protesters, and is not similarly restricting marijuana dispensaries, large retail outlets and factories, or abortion providers.”
As of Thursday, LA County has reported over 216,000 confirmed coronavirus infections and over 5,100 deaths. While California has reported over 593,000 cases, that figure does not include Thursday’s totals.
LA County alone reported nearly 2,000 new cases and 64 deaths. Updates from the other southland counties of Orange, San Bernardino, Riverside, Ventura and others across the state will likely push the total confirmed infections in California over 600,000 by morning.
Over 10,000 Californians have died from the virus that causes Covid-19.
The Golden State saw a surge in infections in early June after health orders were relaxed to allow certain parts of the economy — and churches — to reopen.
Emails to LA County health officials, Garcetti and Newsom were not immediately answered.


courthousenews--2020-08-14--Maker of Fortnite Sues Apple for Using App Store as a Monopoly

( CN ) — Epic Games , the maker of the popular video game Fortnite , filed a lawsuit against Apple in federal court on Thursday after the tech giant kicked the video game off its iPhone app due to an ongoing dispute over commissions .
The tussle began Thursday morning when Epic Games began to encourage its users to pay it directly for in-game upgrades instead of using Apple , which earns a 30 % commission of all app payments .
The controversial policy is not only decried by Epic Games but has been at the center of a @ @ @ @ @ @ @ claim Apple is using its app store to exert monopolistic power over the market .
“ Apple imposes unreasonable and unlawful restraints to completely monopolize both markets and prevent software developers from reaching the over one billion users of its mobile devices ( e.g.
, iPhone and iPad ) unless they go through a single store controlled by Apple , the App Store , where Apple exacts an oppressive 30 % tax on the sale of every app , ” Epic Games said in a lawsuit filed in the Northern District of California @ @ @ @ @ @ @ Thursday it was committed to resolving its dispute with Epic Games and said it kicked the video game maker off its device due to violations of its terms of service .
“ Epic enabled a feature in its app which was not reviewed or approved by Apple , and they did so with the express intent of violating the App Store guidelines , ” Apple said .
“ We will make every effort to work with Epic to resolve these violations so they can return Fortnite to the App Store.
” The lawsuit @ @ @ @ @ @ @ Washington D.C. are increasingly eyeing Big Tech with suspicion , particularly as it relates to antitrust considerations .
Tim Cook , the CEO of Apple , joined other executives from companies like Amazon , Facebook and Google at a hearing in late July .
The makers of Fortnite are just the most recent in a spate of app developers who complain they have no choice but to give 30 % of their in-app proceeds to Apple , which also creates its own apps to compete with outside developers .
Apple contends its pricing @ @ @ @ @ @ @ significant dollars to ensure the App store is regularly updated , which in turn , creates business opportunities for developers like Epic Games .
“ Epic has had apps on the App Store for a decade , and have benefited from the App Store ecosystem , ” Apple said in a statement on Thursday .
“ The fact that their business interests now lead them to push for a special arrangement does not change the fact that these guidelines create a level playing field for all developers and make the store safe for @ @ @ @ @ @ @ popular video game , particularly its battle royale format , where up to a hundred players can interact in a virtual world competing to see who will be the last one standing .
The game has proved one of the linchpins of the esports movement , where professional video game players compete against each other for large purses .
In July 2019 , Epic Games hosted a tournament called the Fortnite World Cup , which involved $ 30 million .
In 2019 , Fortnite garnered $ 1.8 billion in proceeds for Epic Games @ @ @ @ @ @ @ of Epic Games , Tim Sweeney , reported that Fortnite has attracted more than 250 million players .
Epic Games is seeking an injunction declaring Apple ’ s business practices as unlawful under the Sherman Act , while seeking an end to such practices .
Users who have already downloaded the Fortnite app can still use it , but anyone attempting to download it to iPhones will discover it is no longer available after today .

Epic Games, the maker of the popular video game Fortnite, filed a lawsuit against Apple in federal court on Thursday after the tech giant kicked the video game off its iPhone app due to an ongoing dispute over commissions.
(CN) — Epic Games, the maker of the popular video game Fortnite, filed antitrust suits against Apple and Google in federal court on Thursday after the tech giants kicked the video game off their app stores due to an ongoing dispute over commissions.
The tussle began Thursday morning when Epic Games began to encourage its users to pay it directly for in-game upgrades instead of using Apple, which earns a 30% commission of all app payments.
The controversial policy is not only decried by Epic Games but has been at the center of a slew of lawsuits from app developers that claim Apple is using its app store to exert monopolistic power over the market.
“Apple imposes unreasonable and unlawful restraints to completely monopolize both markets and prevent software developers from reaching the over one billion users of its mobile devices (e.g., iPhone and iPad) unless they go through a single store controlled by Apple, the App Store, where Apple exacts an oppressive 30% tax on the sale of every app,” Epic Games said in a lawsuit filed in the Northern District of California.
Apple said in a statement on Thursday it was committed to resolving its dispute with Epic Games and said it kicked the video game maker off its device due to violations of its terms of service.
“Epic enabled a feature in its app which was not reviewed or approved by Apple, and they did so with the express intent of violating the App Store guidelines,” Apple said. “We will make every effort to work with Epic to resolve these violations so they can return Fortnite to the App Store.”
Google released a statement mirroring Apple, saying the video game violated its rules regarding in-app purchases.
“For game developers who choose to use the Play Store, we have consistent policies that are fair to developers and keep the store safe for users,” the company said.
The lawsuits come amid an atmosphere where lawmakers in Washington D.C. are increasingly eyeing Big Tech with suspicion, particularly as it relates to antitrust considerations. Tim Cook, the CEO of Apple, joined other executives from companies like Amazon, Facebook and Google at a hearing in late July.
Epic Game also followed up with a similar lawsuit against Google on Thursday, claiming the company uses the Google Play Store for the same monopolistic purpose as Apple.
“Google’s actions force app developers and consumers into Google’s own monopolized “app store” — the Google Play Store,” the company said in the lawsuit. “Google has thus installed itself as an unavoidable middleman for app developers who wish to reach Android users and vice versa.”
The makers of Fortnite are just the most recent in a spate of app developers who complain they have no choice but to give a portion of their in-app proceeds to Apple and Google, which also creates its own apps to compete with outside developers.
Apple contends its pricing structure is fair and that it expends significant dollars to ensure the App store is regularly updated, which in turn, creates business opportunities for developers like Epic Games.
“Epic has had apps on the App Store for a decade, and have benefited from the App Store ecosystem,” Apple said in a statement on Thursday. “The fact that their business interests now lead them to push for a special arrangement does not change the fact that these guidelines create a level playing field for all developers and make the store safe for all users.”
Fortnite is an immensely popular video game, particularly its battle royale format, where up to a hundred players can interact in a virtual world competing to see who will be the last one standing.
The game has proved one of the linchpins of the esports movement, where professional video game players compete against each other for large purses. In July 2019, Epic Games hosted a tournament called the Fortnite World Cup, which involved $30 million.
In 2019, Fortnite garnered $1.8 billion in proceeds for Epic Games, according to Nielsen. The CEO of Epic Games, Tim Sweeney, reported that Fortnite has attracted more than 250 million players.
Epic Games seeks an injunction declaring Apple and Google's business practices as unlawful under the Sherman Act, while seeking an end to such practices.
The lawsuit against Google in particular emphasized the company was not seeking a monetary award, but court-ordered changes to the business structure of both app stores.
“Epic seeks injunctive relief that would deliver Google’s broken promise: an open, competitive Android ecosystem for all users and industry participants,” Epic Games said in the complaint.
Users who have already downloaded the Fortnite app can still use it, but anyone attempting to download it to iPhones will discover it is no longer available after today.


courthousenews--2020-08-13--Justice Department Accuses Yale of Racial Discrimination Against Asian Americans and Whites

( CN ) — Yale University discriminates against Asians and whites in the undergraduate admissions process , the Department of Justice claimed Thursday .
The allegations are the result of a two-year investigation that found that race is the determinative factor in hundreds of admissions decisions each year .
It was prompted by a complaint by Asian American organizations .
“ There is no such thing as a nice form of race discrimination , ” Assistant Attorney General Eric Dreiband for the Civil Rights Division said in a statement .
“ Unlawfully dividing Americans into racial and ethnic blocs fosters @ @ @ @ @ @ @ It is past time for American institutions to recognize that all people should be treated with decency and respect and without unlawful regard to the color of their skin.
” “ We are proud of Yale ’ s admissions practices , and we will not change them on the basis of such a meritless , hasty accusation , ” Yale spokeswoman Karen Peart said in a statement .
“ Had the Department fully received and fairly weighed this information , it would have concluded that Yale ’ s practices absolutely comply with decades @ @ @ @ @ @ @ added .
The U.S. Supreme Court has routinely upheld affirmative action for universities , allowing them to consider race as one of several factors in determining who is accepted into the school .
The investigation found that the great majority of Asian American and white applicants have only one-tenth to one-fourth of the likelihood of admission as African American applicants with comparable academic credentials .
Yale rejects scores of Asian American and white applicants each year based on their race .
The DOJ found that the Ivy League school uses race at multiple @ @ @ @ @ @ @ in a multiplied effect of race on an applicant ’ s likelihood of admission .
For example , Yale uses race when it initially rates applicants and does it again at two other steps during the admissions process .
Yale also racially balances its classes , according to the investigation .
The DOJ , in a letter to the university , stated that its “ diversity goals are not sufficiently measurable .
Our investigation indicates that Yale ’ s diversity goals appear to be vague , elusory , and amorphous .
Yale ’ @ @ @ @ @ @ @ standardless , and Yale does virtually nothing to cabin , limit , or define its use of race during the Yale College admissions process.
” As a condition of receiving millions of dollars in taxpayer funding , the DOJ said Yale “ expressly agrees ” to comply with Title VI of the Civil Rights Act of 1964 , a which prohibits discrimination on the basis of race , color , or national origin in programs and activities that receive federal financial assistance .
Peart said the university has cooperated with the investigation , @ @ @ @ @ @ @ all the data given to them about the enrollment process .
“ We are dismayed that the DOJ has made its determination before allowing Yale to provide all the information the Department has requested thus far , ” Peart said .
“ Had the Department fully received and fairly weighed this information , it would have concluded that Yale ’ s practices absolutely comply with decades of Supreme Court precedent.
” The DOJ has demanded that Yale stop using race or national origin in its upcoming 2020-2021 undergraduate admissions cycle .
If Yale @ @ @ @ @ @ @ in future admissions cycles , it must submit a plan to the DOJ demonstrating its proposal is narrowly tailored as required by law and that it name a date for the end of race discrimination .

Yale University discriminates against Asians and whites in the undergraduate admissions process, the Department of Justice claimed Thursday.
(CN) — Yale University discriminates against Asians and whites in the undergraduate admissions process, the Department of Justice claimed Thursday.
The allegations are the result of a two-year investigation that found that race is the determinative factor in hundreds of admissions decisions each year. It was prompted by a complaint by Asian American organizations.
“There is no such thing as a nice form of race discrimination,” Assistant Attorney General Eric Dreiband for the Civil Rights Division said in a statement. “Unlawfully dividing Americans into racial and ethnic blocs fosters stereotypes, bitterness, and division. It is past time for American institutions to recognize that all people should be treated with decency and respect and without unlawful regard to the color of their skin.”
“We are proud of Yale’s admissions practices, and we will not change them on the basis of such a meritless, hasty accusation,” Yale spokeswoman Karen Peart said in a statement.
"Had the Department fully received and fairly weighed this information, it would have concluded that Yale's practices absolutely comply with decades of Supreme Court precedent," she added.
The U.S. Supreme Court has routinely upheld affirmative action for universities, allowing them to consider race as one of several factors in determining who is accepted into the school.
The investigation found that the great majority of Asian American and white applicants have only one-tenth to one-fourth of the likelihood of admission as African American applicants with comparable academic credentials. Yale rejects scores of Asian American and white applicants each year based on their race.
The DOJ found that the Ivy League school uses race at multiple steps of its admissions process, resulting in a multiplied effect of race on an applicant’s likelihood of admission. For example, Yale uses race when it initially rates applicants and does it again at two other steps during the admissions process.
Yale also racially balances its classes, according to the investigation.
The DOJ, in a letter to the university, stated that its “diversity goals are not sufficiently measurable. Our investigation indicates that Yale’s diversity goals appear to be vague, elusory, and amorphous. Yale’s use of race appears to be standardless, and Yale does virtually nothing to cabin, limit, or define its use of race during the Yale College admissions process.”
As a condition of receiving millions of dollars in taxpayer funding, the DOJ said Yale “expressly agrees” to comply with Title VI of the Civil Rights Act of 1964, a which prohibits discrimination on the basis of race, color, or national origin in programs and activities that receive federal financial assistance.
Peart said the university has cooperated with the investigation, but the Justice Department did not use all the data given to them about the enrollment process.
“We are dismayed that the DOJ has made its determination before allowing Yale to provide all the information the Department has requested thus far,” Peart said. “Had the Department fully received and fairly weighed this information, it would have concluded that Yale’s practices absolutely comply with decades of Supreme Court precedent.”
The DOJ has demanded that Yale stop using race or national origin in its upcoming 2020-2021 undergraduate admissions cycle. If Yale proposes to consider race or national origin in future admissions cycles, it must submit a plan to the DOJ demonstrating its proposal is narrowly tailored as required by law and that it name a date for the end of race discrimination.


Medical Abortion

RICHMOND , Va. — The Fourth Circuit rejected the Trump administration ’ s request to stay an injunction that temporarily @ @ @ @ @ and Drug Administration Rule that requires patients to pick up abortion medication in person at @ @ @ @ @ medical office .

The technical storage or access that is used exclusively for statistical purposes.
The technical storage or access that is used exclusively for anonymous statistical purposes. Without a subpoena, voluntary compliance on the part of your Internet Service Provider, or additional records from a third party, information stored or retrieved for this purpose alone cannot usually be used to identify you.


Trinity River Water

SAN FRANCISCO — The Hoopa Valley Tribe of Humboldt County , California , complains the federal government ’ s conversion @ @ @ @ @ permanent ones will deplete the Trinity River and harm the fish the tribe relies on @ @ @ @ @ .


courthousenews--2020-08-13--California Courts Covid Update

California Courts Covid Update

Click to share on Twitter ( Opens in new window )


Homeless Encampments

CINCINNATI — A federal court in Ohio denied Cincinnati ’ s request to dismiss a lawsuit challenging its policy that @ @ @ @ @ the city .
Jailing people for living in such encampments could amount to cruel and @ @ @ @ @ ruled .


courthousenews--2020-08-13--LA County Close to Approving $14 Million Settlement Over Immigration Jail Holds

LOS ANGELES ( CN ) — Los Angeles County is set to approve a $ 14 million settlement agreement stemming from a federal lawsuit over how long people can be held in jails based on an “ immigration hold.
” The settlement has not been finalized , but on Thursday the parties notified the court of the agreement , capping off a federal lawsuit from October 2012 from a British film director who said he was held in Men ’ s Central Jail for 89 days on an immigration hold .
Duncan Roy sued former LA County Sheriff Lee Baca @ @ @ @ @ @ @ thousands of people and obtained a court order setting an amount for them to post .
The claim is that the sheriff ’ s department denied that process because they said the federal government placed an immigration hold on those individuals .
The second part of the complaint claimed some people were denied release from the jail for 48 hours or more on the basis of the federal hold , even though all charges against them were dismissed , or they were acquitted or already served their sentence .
In February 2018 , @ @ @ @ @ @ @ the sheriff ’ s department unlawfully detained undocumented immigrants in jail , including class members in the lawsuit .
A related case , Gerardo Gonzalez v Immigration and Customs Enforcement , also found that the sheriff ’ s department violated the constitutional rights of thousands of people .
There have been dramatic changes at the county jails since the original complaint was filed in 2012 .
Former Sheriff Baca was convicted by a jury in 2017 of orchestrating a scheme to interfere in a federal probe into widespread abuse of inmates by officers @ @ @ @ @ @ @ He was ordered to jail this past January after an appellate court declined to take up his appeal .
Current Sheriff Alex Villanueva campaigned on removing immigration agents from county jails , but that has not completely stopped , according to multiple news reports .
On Thursday , attorney for LA County Andrew Baum with Glaser Weil said in a court filing a settlement agreement had been reached and was approved by the county ’ s Claims Board on Aug. 3 , where a $ 14 million settlement agreement was recommended in closed @ @ @ @ @ @ @ advise the Court that the settlement documents have been finalized and approved , the settlement has been submitted to the Claims Board , and the Claims Board has approved the settlement , ” Baum wrote .
The agreement will go before the county ’ s public safety cluster under the county ’ s Chief Executive Office and then to the County Board of Supervisors for final approval .
The class counsel are represented by the American Civil Liberties Union who did not immediately respond to emails for comment .

Los Angeles County is set to approve a $14 million settlement agreement stemming from a federal lawsuit over how long people can be held in jails based on an “immigration hold.”
LOS ANGELES (CN) — Los Angeles County is set to approve a $14 million settlement agreement stemming from a federal lawsuit over how long people can be held in jails based on an “immigration hold.”
The settlement has not been finalized, but on Thursday the parties notified the court of the agreement, capping off a federal lawsuit from October 2012 from a British film director who said he was held in Men’s Central Jail for 89 days on an immigration hold.
Duncan Roy sued former LA County Sheriff Lee Baca and the county for denying bail to thousands of people and obtained a court order setting an amount for them to post. The claim is that the sheriff’s department denied that process because they said the federal government placed an immigration hold on those individuals.
The second part of the complaint claimed some people were denied release from the jail for 48 hours or more on the basis of the federal hold, even though all charges against them were dismissed, or they were acquitted or already served their sentence.
In February 2018, U.S. District Judge Andre Birotte found that the sheriff’s department unlawfully detained undocumented immigrants in jail, including class members in the lawsuit. A related case, Gerardo Gonzalez v Immigration and Customs Enforcement, also found that the sheriff’s department violated the constitutional rights of thousands of people.
There have been dramatic changes at the county jails since the original complaint was filed in 2012. Former Sheriff Baca was convicted by a jury in 2017 of orchestrating a scheme to interfere in a federal probe into widespread abuse of inmates by officers at the county’s jail. He was ordered to jail this past January after an appellate court declined to take up his appeal.
Current Sheriff Alex Villanueva campaigned on removing immigration agents from county jails, but that has not completely stopped, according to multiple news reports.
On Thursday, attorney for LA County Andrew Baum with Glaser Weil said in a court filing a settlement agreement had been reached and was approved by the county’s Claims Board on Aug. 3, where a $14 million settlement agreement was recommended in closed session.
“Counsel is pleased to advise the Court that the settlement documents have been finalized and approved, the settlement has been submitted to the Claims Board, and the Claims Board has approved the settlement,” Baum wrote.
The agreement will go before the county’s public safety cluster under the county’s Chief Executive Office and then to the County Board of Supervisors for final approval.
The class counsel are represented by the American Civil Liberties Union who did not immediately respond to emails for comment.


courthousenews--2020-08-13--Methane-Deregulation Push Said to Spew Millions More Tons of Gas a Year

WASHINGTON ( CN ) — Environmental Protection Agency Administrator Andrew Wheeler signed two rules Thursday that look to further weaken standards for monitoring methane emissions .
The changes would apply to oil and gas wells drilled from 2016 and beyond , allowing an additional 4.5 million metric tons of the gas into Earth ’ s atmosphere annually .
The rule also would eliminate requirements for companies to monitor methane leaks from compressor stations , wells and other facilities .
Wheeler first announced the rules during an event in Pittsburgh with EPA senior administration officials .
Though not streamed live , @ @ @ @ @ @ @ a call with reporters , then released a statement where Wheeler touted deregulation for cutting “ burdensome and ineffective regulations for our domestic energy industry.
” “ Regulatory burdens put into place by the Obama-Biden administration fell heavily on small and medium-sized energy businesses , ” Wheeler said .
Fred Krupp , president of the Environmental Defense Fund , called it notable that Wheeler ’ s announcement came from Pennsylvania , the birthplace of America ’ s oil and gas industry and one of the country ’ s largest annual methane emitters .
@ @ @ @ @ @ @ on our climate and air quality and will disproportionately damage the wellbeing of more than 9 million Americans who live within half a mile of wells affected by this rollback , including many Americans in our most vulnerable communities , ” Krupp said in a statement Thursday .
The rule changes appear in two packages , one “ technical ” and the other “ policy.
” The policy package , officials said , establishes the Trump administration ’ s position that the Clean Air Act required the agency to make a finding defining @ @ @ @ @ @ @ setting the performance-standard requirements .
Trump says Obama made no such finding for methane emissions from the production and processing segments .
Methane produced by volatile organic compounds will continue to be regulated , according to the announcement .
The so-called technical package involves what the EPA terms as “ common-sense ” changes to performance standards that will benefit small oil and gas operators .
One changes excludes low-production wells from having to worry about costly monitoring .
Another reduces quarterly checks of emissions and leaks to twice a year .
EPA officials @ @ @ @ @ @ @ will also be removed , purportedly reduces cost burdens on sites by 25 % .
The Environmental Defense Fund will “ forcefully oppose ” the rules in court , Krupp vowed .
“ Like so many other administration rollbacks that have already been rejected by the courts , this one ignores the science , the public health impacts and the low-cost solutions we have at hand , ” Krupp said .
“ These sensible pollution controls have been working to protect Americans since 2016 .
Investors states , community groups and even leading @ @ @ @ @ @ @ on the EPA to retain and strengthen methane safeguards.
” Officials meanwhile called this threat of litigation premature , given that the challengers could not have read the rules yet .
Insisting that the data and engineering is on their side , the officials also called it dishonest for challenges against rules to be raised sight unseen .
The EPA has been trying to propose technical changes to the rules since September 2018 .
In the call Thursday , the officials denied that any part of the rules had changed since the agency @ @ @ @ @ @ @ last August .

Environmental Protection Agency Administrator Andrew Wheeler signed two rules Thursday that look to further weaken standards for monitoring methane emissions.
WASHINGTON (CN) — Environmental Protection Agency Administrator Andrew Wheeler signed two rules Thursday that look to further weaken standards for monitoring methane emissions.
The changes would apply to oil and gas wells drilled from 2016 and beyond, allowing an additional 4.5 million metric tons of the gas into Earth’s atmosphere annually. The rule also would eliminate requirements for companies to monitor methane leaks from compressor stations, wells and other facilities.
Wheeler first announced the rules during an event in Pittsburgh with EPA senior administration officials. Though not streamed live, EPA officials later discussed the move in a call with reporters, then released a statement where Wheeler touted deregulation for cutting “burdensome and ineffective regulations for our domestic energy industry.”
“Regulatory burdens put into place by the Obama-Biden administration fell heavily on small and medium-sized energy businesses,” Wheeler said.
Fred Krupp, president of the Environmental Defense Fund, called it notable that Wheeler’s announcement came from Pennsylvania, the birthplace of America’s oil and gas industry and one of the country’s largest annual methane emitters.
“These rollbacks would have devastating effects on our climate and air quality and will disproportionately damage the wellbeing of more than 9 million Americans who live within half a mile of wells affected by this rollback, including many Americans in our most vulnerable communities,” Krupp said in a statement Thursday.
The rule changes appear in two packages, one “technical” and the other “policy.” The policy package, officials said, establishes the Trump administration’s position that the Clean Air Act required the agency to make a finding defining what sources contributed to air pollution before setting the performance-standard requirements. Trump says Obama made no such finding for methane emissions from the production and processing segments.
Methane produced by volatile organic compounds will continue to be regulated, according to the announcement.
The so-called technical package involves what the EPA terms as “common-sense” changes to performance standards that will benefit small oil and gas operators. One change excludes low-production wells from having to worry about costly monitoring. Another reduces quarterly checks of emissions and leaks to twice a year.
EPA officials said “certain convoluted reporting requirements” will also be removed, purportedly reduces cost burdens on sites by 25%.
The Environmental Defense Fund will “forcefully oppose” the rules in court, Krupp vowed.
“Like so many other administration rollbacks that have already been rejected by the courts, this one ignores the science, the public health impacts and the low-cost solutions we have at hand,” Krupp said. “These sensible pollution controls have been working to protect Americans since 2016. Investors, states, community groups and even leading oil and gas producers have all called on the EPA to retain and strengthen methane safeguards.”
Officials meanwhile called this threat of litigation premature, given that the challengers could not have read the rules yet. Insisting that the data and engineering is on their side, the officials also called it dishonest for challenges against rules to be raised sight unseen.
The EPA has been trying to propose technical changes to the rules since September 2018. In the call Thursday, the officials denied that any part of the rules had changed since the agency released its proposal to weaken methane monitoring last August.


courthousenews--2020-08-13--‘Do We Really Want to See a Lot More Die?’ Fauci Paints Bleak Picture of Virus Inaction

WASHINGTON ( CN ) — Dr. Anthony Fauci isn ’ t happy .
All told , the United States could see up to 300,000 deaths from Covid-19 by the end of the year , and six months in the entire planet has seen 750,000 deaths from the virus .
During a panel hosted Thursday by National Geographic , the nation ’ s preeminent expert on the novel coronavirus fielded questions with trademark candor about that grim forecast released last week by the University of Washington ’ s Institute for Health Metrics and Evaluation .
“ We certainly are not where @ @ @ @ @ @ @ the director of the National Institute for Allergy and Infectious Diseases told ABC News correspondent Deborah Roberts , who moderated the live remote event .
“ We are in the middle of a very historic , serious pandemic and the numbers speak for themselves , ” said Fauci .
As of Thursday , the Johns Hopkins Coronavirus Resource Center reported 20 million cases of Covid-19 worldwide with the U.S. leading with 5.2 million infections .
More than 160,000 Americans are dead and , without better containment efforts , at least 137,000 more could @ @ @ @ @ @ @ according to IHME .
Those figures include at least 9,300 health care workers , according to the Centers for Disease Control and Prevention .
The statistics also reflect a rise in cases among children : Just this week the American Academy of Pediatrics reported that infections among children increased 90 % in a month .
Whereas Covid-19 has already killed 90 children this year , the academy says seasonal influenza kills roughly 100 children each year .
Fauci was critical Thursday of the lack in the U.S. of a “ universal plan ” @ @ @ @ @ @ @ , echoing assertions he has made in recent weeks when appearing before a select congressional committee tasked with conducting oversight on the federal response to the pandemic .
As the nation failed to implement universal mask wearing in the spring when case rates rocketed , states staggered their shutdowns instead of doing so uniformly , letting infections spread through porous internal borders , Fauci explained .
Within the first two months of the pandemic , most state shutdowns tightened up as municipal governments leaned into their own crafted response otherwise cast off from @ @ @ @ @ @ @ that this led to premature reopenings in states like Florida , Texas , Arizona and even later in California .
Fauci said those choices have made it more difficult now for the U.S. to bring cases “ all the way down to a baseline that was really workable , ” like what had happened in Europe where lockdowns were uniform and fast .
“ Now , we ’ re turning the corner in that direction with less deaths , hospitalizations and cases , but when you look at other parts of the country @ @ @ @ @ @ @ inklings in the uptick of the percent of tests that are positive which we know from the past , is a predictor of more surges , ” Fauci said .
“ Unless we all pull together to get that down — and we don ’ t have disparities where some states are doing this and some states are doing that — we ’ re going to continue to have this up and down .
“ Bottom line : I ’ m not pleased with how things are going , ” he added .
@ @ @ @ @ @ @ director emphasized , should be simple enough since it only requires a few steps : universal mask wearing , social distancing , hand-washing , avoiding crowds and keeping activities outdoor .
Short of a successful vaccine — still expected to arrive in America sometime at the very end of this year or early 2021 — these simple techniques are the key to reducing sickness and death , Fauci said .
The argument for herd immunity as a way out of the pandemic was also summarily shot down by the director .
“ If @ @ @ @ @ @ @ people will die .
As a society , ingrained in our human spirit , we don ’ t really want to see that , ” he said .
“ Already more than 160,000 people in this country have died ; do we really want to see a lot more die ?
I don ’ t think so .
Russia ’ s President Vladimir Putin claimed this week that Moscow successfully developed a vaccine for Covid-19 , raising a specter of doubt among scientists , epidemiologists and other experts the world over on its @ @ @ @ @ @ @ timeline .
The vaccine , known as Sputnik V , was not subjected to what Fauci has before described as the “ Golden Standard ” for vaccine development : large-scale , phase-three , placebo-based clinical trials involving thousands , if not tens of thousands , of people .
“ Having a vaccine and proving that a vaccine is safe and effective are two very different things , ” Fauci said .
The U.S. has over a half dozen vaccines in various stages of clinical trial .
About 30,000 Americans are participating in the @ @ @ @ @ @ @ by the Massachusetts-based biotechnology company Moderna .
“ If we wanted to take the chance of hurting a lot of people , we could start doing this next week if we wanted to .
That ’ s not the way this works , ” Fauci said .
“ I hope the Russians have actually and definitively proven that the vaccine is safe and effective , but I seriously doubt that that they ’ ve done that.
” Never mentioning President Trump directly , and never once casting blame on anyone specifically or a @ @ @ @ @ @ @ program , Fauci did reflect on a question from Roberts on whether he anticipated such a ratcheting up of tensions between Americans during a health crisis .
Fauci and his family have received death threats and were forced to hire security .
“ I think it ’ s a reflection of the divisiveness in the country , ” he said .
“ It ’ s taken on a tone like nothing I ’ ve ever seen.
” Even during the HIV/AIDS epidemic in decades past , he recalled , some people got upset @ @ @ @ @ @ @ ” to understand and potentially stop the virus .
But that was mostly “ homophobic ” people mad that he was diverting resources , he said .
“ There was never anything as serious as it is now where people get angry enough to threaten my life and terribly harass my wife and children with phone calls , ” he said .
It is a conundrum Fauci finds “ inconceivable ” as he appeared now for months only to advocate for basic public health measures in a pandemic .
“ Boy , I @ @ @ @ @ @ @ this country and get more out of the realm of such intensive divisiveness that people are doing things like threatening other people , ” he said .
“ There ’ s no way our society can function or go along that way .
”

Dr. Anthony Fauci isn’t happy. All told, the United States could see up to 300,000 deaths from Covid-19 by the end of the year, and six months in the entire planet has seen 750,000 deaths from the virus.
WASHINGTON (CN) — Dr. Anthony Fauci isn’t happy. All told, the United States could see up to 300,000 deaths from Covid-19 by the end of the year, and six months in the entire planet has seen 750,000 deaths from the virus.
During a panel hosted Thursday by National Geographic, the nation’s preeminent expert on the novel coronavirus fielded questions with trademark candor about that grim forecast released last week by the University of Washington's Institute for Health Metrics and Evaluation.
“We certainly are not where I hoped we would be,” the director of the National Institute for Allergy and Infectious Diseases told ABC News correspondent Deborah Roberts, who moderated the live remote event.
“We are in the middle of a very historic, serious pandemic and the numbers speak for themselves,” said Fauci.
As of Thursday, the Johns Hopkins Coronavirus Resource Center reported 20 million cases of Covid-19 worldwide with the U.S. leading with 5.2 million infections. More than 160,000 Americans are dead and, without better containment efforts, at least 137,000 more could follow between now and December 1, according to IHME.
Those figures include at least 9,300 health care workers, according to the Centers for Disease Control and Prevention. The statistics also reflect a rise in cases among children: Just this week the American Academy of Pediatrics reported that infections among children increased 90% in a month.
Whereas Covid-19 has already killed 90 children this year, the academy says seasonal influenza kills roughly 100 children each year.
Fauci was critical Thursday of the lack in the U.S. of a “universal plan” to slow the spread of the virus, echoing assertions he has made in recent weeks when appearing before a select congressional committee tasked with conducting oversight on the federal response to the pandemic.
As the nation failed to implement universal mask wearing in the spring when case rates rocketed, states staggered their shutdowns instead of doing so uniformly, letting infections spread through porous internal borders, Fauci explained.
Within the first two months of the pandemic, most state shutdowns tightened up as municipal governments leaned into their own crafted response otherwise cast off from cohesive federal assistance.
But Fauci noted that this led to premature reopenings in states like Florida, Texas, Arizona and even later in California. Fauci said those choices have made it more difficult now for the U.S. to bring cases “all the way down to a baseline that was really workable,” like what had happened in Europe where lockdowns were uniform and fast.
“Now, we’re turning the corner in that direction with less deaths, hospitalizations and cases, but when you look at other parts of the country, we’re starting to see inklings in the uptick of the percent of tests that are positive which we know from the past, is a predictor of more surges,” Fauci said. “Unless we all pull together to get that down — and we don’t have disparities where some states are doing this and some states are doing that — we’re going to continue to have this up and down.
“Bottom line: I’m not pleased with how things are going,” he added.
“Pulling together,” the NIAID director emphasized, should be simple enough since it only requires a few steps: universal mask wearing, social distancing, hand-washing, avoiding crowds and keeping activities outdoor.
Short of a successful vaccine — still expected to arrive in America sometime at the very end of this year or early 2021 — these simple techniques are the key to reducing sickness and death, Fauci said.
The argument for herd immunity as a way out of the pandemic was also summarily shot down by the director.
“If you do that, a lot of people will die. As a society, ingrained in our human spirit, we don’t really want to see that,” he said. “Already more than 160,000 people in this country have died; do we really want to see a lot more die? I don’t think so.
Russia’s President Vladimir Putin claimed this week that Moscow successfully developed a vaccine for Covid-19, raising a specter of doubt among scientists, epidemiologists and other experts the world over on its efficacy and safety given the truncated development timeline.
The vaccine, known as Sputnik V, was not subjected to what Fauci has before described as the “Golden Standard” for vaccine development: large-scale, phase-three, placebo-based clinical trials involving thousands, if not tens of thousands, of people.
“Having a vaccine and proving that a vaccine is safe and effective are two very different things,” Fauci said.
The U.S. has over a half dozen vaccines in various stages of clinical trial. About 30,000 Americans are participating in the third phase of vaccine trials being conducted by the Massachusetts-based biotechnology company Moderna.
“If we wanted to take the chance of hurting a lot of people, we could start doing this next week if we wanted to. That’s not the way this works,” Fauci said. “I hope the Russians have actually and definitively proven that the vaccine is safe and effective, but I seriously doubt that that they’ve done that.”
Never mentioning President Trump directly, and never once casting blame on anyone specifically or a particular political party during Thursday’s program, Fauci did reflect on a question from Roberts on whether he anticipated such a ratcheting up of tensions between Americans during a health crisis.
Fauci and his family have received death threats and were forced to hire security.
“I think it’s a reflection of the divisiveness in the country,” he said. “It’s taken on a tone like nothing I’ve ever seen.”
Even during the HIV/AIDS epidemic in decades past, he recalled, some people got upset that he was “putting in effort” to understand and potentially stop the virus. But that was mostly “homophobic” people mad that he was diverting resources, he said.
“There was never anything as serious as it is now where people get angry enough to threaten my life and terribly harass my wife and children with phone calls,” he said.
It is a conundrum Fauci finds “inconceivable” as he appeared now for months only to advocate for basic public health measures in a pandemic.
“Boy, I hope we get past this divisiveness in this country and get more out of the realm of such intensive divisiveness that people are doing things like threatening other people,” he said. “There’s no way our society can function or go along that way.”


courthousenews--2020-08-14--Steven Donziger, Who Battled Chevron in Ecuador, Has Been Disbarred

MANHATTAN ( CN ) — After helping indigenous Ecuadorians win a $ 9.8 billion verdict against Chevron for polluting the Amazon rainforest , Steven Donziger ’ s decades-long advocacy ended in his disbarment on Thursday .
“ No doubt , the serial polluters at Chevron who have spent billions to try to demonize me are dancing in their corporate suites , ” Donziger wrote in a statement .
“ But the battle is far from over .
The company still faces enormous risk from its toxic legacy in Ecuador and other countries which will haunt its business operations for decades @ @ @ @ @ @ @ that the multibillion-dollar verdict that Donziger obtained for his Ecuadorian clients was fraudulent , and today ’ s disbarment ruling relies upon the findings of a U.S. judge who ruled in the oil giant ’ s favor .
“ [ Donziger ] has been found guilty of egregious professional misconduct , ” Justice Judith Gische wrote on behalf of New York ’ s Appellate Division , First Department .
Roughly three years after the judgment against Chevron , U.S. District Judge Lewis Kaplan blocked Donziger from collecting the proceeds on the grounds that @ @ @ @ @ @ @ , ” including bribery and witness tampering .
Federal prosecutors declined to charge him with any offenses , but Judge Kaplan deputized a private law firm to criminally pursue him for contempt of court , in an extraordinarily rare and controversial for-profit prosecution .
Donziger has maintained his innocence throughout Chevron ’ s onslaught , winning support of nearly 30 Nobel Prize winners , the European Parliament and bar associations from Canada , Ireland , France , Israel and beyond .
Attorney Martin Garbus , one of the many prominent lawyers to defend @ @ @ @ @ @ @ called his client ’ s disbarment a “ horrendous decision ” that relies upon a faulty ruling .
“ You don ’ t disbar a courageous human rights lawyer based on a judge ’ s opinion in a trial held without a jury where the main witness admitted he lied and where the findings have been rejected by courts around the world , ” Garbus wrote in a statement .
The appellate court ’ s ruling overturns the recommendation of the referee who presided over Donziger ’ s disbarment proceedings : John Horan @ @ @ @ @ @ @ a passionate opinion that the Ecuador crusader should be allowed to continue practicing law .
“ Assessment of character is not an exact science , but we can all agree that the essential components are honesty , integrity , and credibility , ” Horan wrote in a 36-page report in February .
“ It is far from clear that [ Donziger ] is lacking in those qualities as the [ grievance ] committee argues.
” The appellate judges overturning Horan ’ s recommendation set it aside in a few short pages .
“ @ @ @ @ @ @ @ written by a Soviet-era apparatchik carrying out a political function to help a major corporation get rid of its main critic , which is what it does , ” wrote Garbus , who once drafted the Czechoslovakian Constitution with that country ’ s dissident-turned-president Václav Havel .
“ It ignores the rights of thousands of Ecuadorian women , men , and children who either were killed or had their lives destroyed by Chevron ’ s deliberate destruction of the Amazon and who now have by design been deprived of their main advocate.
” @ @ @ @ @ @ @ greatly admire , ” Garbus adds more legal firepower to his client ’ s cause as the man Jimmy Carter tapped to observe elections in Venezuela and Nicaragua .
Donziger , now stripped of his law license and approaching a year of house arrest , shows no signs of conceding defeat .
“ I will continue to advocate for justice in the Ecuador case using all the skills at my disposal , ” he wrote .
“ I will not stop fighting nor will the thousands of dedicated people across the world who @ @ @ @ @ @ @ to appeal , the next stop to fight the disbarment ruling would be the New York ’ s Court of Appeal , the state ’ s highest court .

After helping indigenous Ecuadorians win a $9.8 billion verdict against Chevron for polluting the Amazon rainforest, Steven Donziger’s decadeslong advocacy ended in his disbarment on Thursday.
MANHATTAN (CN) — After helping indigenous Ecuadorians win a $9.8 billion verdict against Chevron for polluting the Amazon rainforest, Steven Donziger’s decadeslong advocacy ended in his disbarment on Thursday.
“No doubt, the serial polluters at Chevron who have spent billions to try to demonize me are dancing in their corporate suites,” Donziger wrote in a statement. “But the battle is far from over. The company still faces enormous risk from its toxic legacy in Ecuador and other countries which will haunt its business operations for decades to come.”
Chevron has long claimed that the multibillion-dollar verdict that Donziger obtained for his Ecuadorian clients was fraudulent, and today’s disbarment ruling relies upon the findings of a U.S. judge who ruled in the oil giant’s favor.
“[Donziger] has been found guilty of egregious professional misconduct,” Justice Judith Gische wrote on behalf of New York’s Appellate Division, First Department.
Roughly three years after the judgment against Chevron, U.S. District Judge Lewis Kaplan blocked Donziger from collecting the proceeds on the grounds that it was “obtained by corrupt means,” including bribery and witness tampering.
Federal prosecutors declined to charge him with any offenses, but Judge Kaplan deputized a private law firm to criminally pursue him for contempt of court, in an extraordinarily rare and controversial for-profit prosecution.
Donziger has maintained his innocence throughout Chevron’s onslaught, winning support of nearly 30 Nobel Prize winners, the European Parliament and bar associations from Canada, Ireland, France, Israel and beyond.
Attorney Martin Garbus, one of the many prominent lawyers to defend Donziger throughout his battle with Chevron, called his client’s disbarment a “horrendous decision” that relies upon a faulty ruling.
Steven Donziger stands in front of an oil pump in Ecuador in this undated photo. (Photo permission courtesy of Steven Donziger)
“You don't disbar a courageous human rights lawyer based on a judge's opinion in a trial held without a jury where the main witness admitted he lied and where the findings have been rejected by courts around the world,” Garbus wrote in a statement.
The appellate court’s ruling overturns the recommendation of the referee who presided over Donziger’s disbarment proceedings: John Horan, a former federal prosecutor who wrote a passionate opinion that the Ecuador crusader should be allowed to continue practicing law.
“Assessment of character is not an exact science, but we can all agree that the essential components are honesty, integrity, and credibility,” Horan wrote in a 36-page report in February. “It is far from clear that [Donziger] is lacking in those qualities as the [grievance] committee argues.”
The appellate judges overturning Horan’s recommendation set it aside in a few short pages.
“This perfunctory decision reads like it was written by a Soviet-era apparatchik carrying out a political function to help a major corporation get rid of its main critic, which is what it does,” wrote Garbus, who once drafted the Czechoslovakian Constitution with that country’s dissident-turned-president Václav Havel.
“It ignores the rights of thousands of Ecuadorian women, men, and children who either were killed or had their lives destroyed by Chevron's deliberate destruction of the Amazon and who now have by design been deprived of their main advocate.”
Describing Donziger as a “man I greatly admire,” Garbus adds more legal firepower to his client’s cause as the man Jimmy Carter tapped to observe elections in Venezuela and Nicaragua.
Donziger, now stripped of his law license and approaching a year of house arrest, shows no signs of conceding defeat.
"I will continue to advocate for justice in the Ecuador case using all the skills at my disposal," he wrote. "I will not stop fighting nor will the thousands of dedicated people across the world who have joined this campaign."
Announcing plans to appeal, the next stop to fight the disbarment ruling would be the New York’s Court of Appeal, the state’s highest court.


courthousenews--2020-08-14--California Finds Amazon On-the-Hook in Product Liability Spat

SAN DIEGO ( CN ) — A California state appellate court followed its federal predecessor in finding Amazon should face product liability claims for defective goods sold on its website by third-party vendors .
In a 47-page order , Fourth District of California Judge Patricia Guerrero reversed a finding by Judge Randa Trapp granting summary judgment in favor of Amazon in a product liability case brought by Angela Bolger .
Bolger bought a replacement laptop computer battery on Amazon sold by Lenoge Technology which was stored in an Amazon warehouse and shipped to her in an Amazon package before the @ @ @ @ @ @ @ Bolger to suffer severe burns .
The online marketplace argued it couldn ’ t be liable for product liability claims because it did not distribute , manufacture or sell the exploding computer battery to Bolger .
Trapp agreed , prompting Bolger to appeal the state court judge ’ s finding .
Guerrero found Amazon should be held liable for defective products offered on its website by third-party sellers like Lenoge , noting the website “ placed itself between Lenoge and Bolger in the chain of distribution.
” “ Amazon accepted possession of the @ @ @ @ @ @ @ an Amazon warehouse , attracted Bolger to the Amazon website , provided her with a product listing for Lenoge ’ s product , received her payment for the product and shipped the product in Amazon packaging to her , ” Guerrero wrote .
She further emphasized Amazon “ set the terms ” by controlling customer information and receiving a fee on the purchase .
“ Whatever term we use to describe Amazon ’ s role , be it ‘ retailer , ’ ‘ distributor , ’ or merely ‘ facilitator , ’ it @ @ @ @ @ @ @ to the consumer , ” Guerrero added .
The decision in California follows the legal groundwork laid in the first successful product liability case against Amazon in federal court in Pennsylvania , where a woman who claimed she was injured and blinded by a defective dog leash purchased on Amazon initially won her own product liability appeal , only for the Third Circuit Court of Appeals to rehear the case and send it to the Pennsylvania Supreme Court this past June .
The case in Pennsylvania is still pending .
In an interview @ @ @ @ @ @ @ Shanin Specter of Kline & Specter said he expects “ the direction of the law will be in favor of consumers ” as more product liability cases are filed against the online retail giant .
“ I think Amazon should be regarded as a supplier for the purposes of product liability law , because they assess the safety of their product , they possess the product when it comes through their premises on the way to the consumer , and , under principles of loss spreading , it is equitable to hold Amazon @ @ @ @ @ @ @ ” Specter said .
“ They ’ re no different than a big box retailer such as Walmart and no one doubts that Walmart is liable in the chain of product distribution , ” he added .
Specter said “ it would be good for everyone including Amazon ” if it is held responsible for the safety of products sold on its website because consumers don ’ t necessarily pay attention to the Chinese company where the product is coming from , but trust the product is safe since it ’ s being @ @ @ @ @ @ @ third-party retailers are not bound by court judgments in the United States , meaning the only recourse for Amazon customers sold defective products is to sue the Seattle-based online marketplace .
Guerrero also emphasized that sentiment in her order , finding the website should be held liable for defective products sold by third parties on its platform .
“ Amazon is the only member of the enterprise reasonably available to an injured consumer in some cases , it plays a substantial part in ensuring the products listed on its website are safe , @ @ @ @ @ @ @ upstream distributors ( like Lenoge ) to enhance safety , and it has the ability to adjust the cost of liability between itself and its third-party sellers .
Under established principles of strict liability , Amazon should be held liable if a product sold through its website turns out to be defective , ” Guerrero wrote .
Specter further compared the third-party product liability cases against Amazon to the negligence cases attempting to hold rideshare companies Uber and Lyft accountable for unsafe drivers .
He noted Uber and Lyft “ have mostly lost @ @ @ @ @ @ @ argued in courts across the country they shouldn ’ t be held liable for negligent drivers because they only arrange rides for customers .
“ In the long run the courts are going to hold Amazon responsible just as they have held Uber responsible , ” Specter said .
Bolger is represented by CaseyGerry attorney Jeremy Robinson , who in a statement on the firm ’ s website , called the case “ the future of product liability law.
” A firm spokesperson did not return an after-hours request for comment .
Amazon @ @ @ @ @ @ @ Hussey who did not return an after-hours request for comment .

A California state appellate court followed its federal predecessor in finding Amazon should face product liability claims for defective goods sold on its website by third-party vendors.
SAN DIEGO (CN) — A California state appellate court followed its federal predecessor in finding Amazon should face product liability claims for defective goods sold on its website by third-party vendors.
In a 47-page order, Fourth District of California Judge Patricia Guerrero reversed a finding by Judge Randa Trapp granting summary judgment in favor of Amazon in a product liability case brought by Angela Bolger.
Bolger bought a replacement laptop computer battery on Amazon sold by Lenoge Technology which was stored in an Amazon warehouse and shipped to her in an Amazon package before the battery exploded several months later, causing Bolger to suffer severe burns.
The online marketplace argued it couldn’t be liable for product liability claims because it did not distribute, manufacture or sell the exploding computer battery to Bolger. Trapp agreed, prompting Bolger to appeal the state court judge’s finding.
Guerrero found Amazon should be held liable for defective products offered on its website by third-party sellers like Lenoge, noting the website “placed itself between Lenoge and Bolger in the chain of distribution.”
“Amazon accepted possession of the product from Lenoge, stored it in an Amazon warehouse, attracted Bolger to the Amazon website, provided her with a product listing for Lenoge’s product, received her payment for the product and shipped the product in Amazon packaging to her,” Guerrero wrote.
She further emphasized Amazon “set the terms” by controlling customer information and receiving a fee on the purchase.
“Whatever term we use to describe Amazon’s role, be it ‘retailer,’ ‘distributor,’ or merely ‘facilitator,’ it was pivotal in bringing the product here to the consumer,” Guerrero added.
The decision in California follows the legal groundwork laid in the first successful product liability case against Amazon in federal court in Pennsylvania, where a woman who claimed she was injured and blinded by a defective dog leash purchased on Amazon initially won her own product liability appeal, only for the Third Circuit Court of Appeals to rehear the case and send it to the Pennsylvania Supreme Court this past June.
The case in Pennsylvania is still pending.
In an interview with Courthouse News, Philadelphia-based consumer lawyer Shanin Specter of Kline & Specter said he expects “the direction of the law will be in favor of consumers” as more product liability cases are filed against the online retail giant.
“I think Amazon should be regarded as a supplier for the purposes of product liability law, because they assess the safety of their product, they possess the product when it comes through their premises on the way to the consumer, and, under principles of loss spreading, it is equitable to hold Amazon responsible if the product is defective,” Specter said.
“They’re no different than a big box retailer such as Walmart and no one doubts that Walmart is liable in the chain of product distribution,” he added.
Specter said “it would be good for everyone including Amazon” if it is held responsible for the safety of products sold on its website because consumers don’t necessarily pay attention to the Chinese company where the product is coming from, but trust the product is safe since it’s being sold on Amazon.
And those foreign third-party retailers are not bound by court judgments in the United States, meaning the only recourse for Amazon customers sold defective products is to sue the Seattle-based online marketplace.
Guerrero also emphasized that sentiment in her order, finding the website should be held liable for defective products sold by third parties on its platform.
“Amazon is the only member of the enterprise reasonably available to an injured consumer in some cases, it plays a substantial part in ensuring the products listed on its website are safe, it can and does exert pressure on upstream distributors (like Lenoge) to enhance safety, and it has the ability to adjust the cost of liability between itself and its third-party sellers. Under established principles of strict liability, Amazon should be held liable if a product sold through its website turns out to be defective,” Guerrero wrote.
Specter further compared the third-party product liability cases against Amazon to the negligence cases attempting to hold rideshare companies Uber and Lyft accountable for unsafe drivers.
He noted Uber and Lyft “have mostly lost that battle” where they’ve argued in courts across the country they shouldn’t be held liable for negligent drivers because they only arrange rides for customers.
“In the long run the courts are going to hold Amazon responsible just as they have held Uber responsible,” Specter said.
Judge Terry O’Rourke and acting Presiding Judge Patricia Benke concurred with Guerrero’s order.
Bolger is represented by CaseyGerry attorney Jeremy Robinson, who in a statement on the firm’s website, called the case “the future of product liability law.” A firm spokesperson did not return an after-hours request for comment.
Amazon is represented by Perkins Coie attorney Julie Hussey who did not return an after-hours request for comment.


courthousenews--2020-08-14--Orange County DA Touts Reforms As Jailhouse Informant Lawsuit Is Revived

( CN ) — Orange County District Attorney Todd Spitzer touted reforms he ’ s implemented while in office as families of victims of the area ’ s worst mass shooting called for his resignation and after a California appeals court revived a lawsuit seeking to end the controversial jailhouse informant program Spitzer oversees .
Southern California ’ s Fourth Appellate District on Wednesday reversed an earlier dismissal of a lawsuit by Orange County residents who claim a jailhouse informant program operated by the DA and county sheriff ’ s department has eroded their faith in the criminal legal system @ @ @ @ @ @ @ Residents want a judge to end a program that coerces confessions and other information from incarcerated people by way of threats and violence from informants who are collaborating with the DA and sheriff .
The information , some of it containing exonerating details , was hidden from defense attorneys later presented by prosecutors as fact during at least 140 criminal proceedings in Orange County Superior Court , the lawsuit said .
The scandal resulted in new trials or new sentences in several high-profile cases and derailed the county ’ s prosecution of the @ @ @ @ @ @ @ Scott Dekraai , who massacred eight people at a hair salon in Seal Beach , California , in 2011 .
Associate Justice Raymond Ikola wrote in the court ’ s opinion that residents have standing to pursue their claims because the informant program represents a “ flagrant disregard of the government ’ s constitutional duties and limitations.
” Ikola also rejected the county ’ s claims that the case would impede any pending criminal prosecutions and interfere with law enforcement duties , writing in the opinion that the complaint can not request any @ @ @ @ @ @ @ Edds , a spokesperson for the Orange County District Attorney ’ s Office , said in an emailed statement to Courthouse News on Wednesday the agency is reviewing the ruling with county counsel and will determine its next steps at a later time .
Somil Trivedi , an American Civil Liberties Union attorney representing the Orange County residents in the case , said in an interview Thursday plaintiffs were pleased the court rejected the county ’ s arguments .
“ The court found essentially that they were not above the law , ” @ @ @ @ @ @ @ feel vindicated .
The ruling is a total victory.
” Edds also said in the statement Spitzer has implemented a host of reforms when he took office , including on the jailhouse informant program .
“ He adopted a new jailhouse informant manual that strictly governs the use of jailhouse informants , including the provision that a jailhouse informant can not be used without the express consent of the District Attorney , ” the statement said .
But Trivedi said the reforms are not enough to convince county residents that they should trust @ @ @ @ @ @ @ legally , or even that the program should continue to exist .
“ I don ’ t think we should feel comforted that he ’ s citing reforms whereby he ’ s the final arbiter of whether his office is using informants legally , ” Trivedi said .
“ In a broader context , Orange County law enforcement does not deserve the benefit of the doubt.
” Trivedi noted that on top of the jailhouse snitch scandal , residents ’ faith in law enforcement corroded further after Spitzer chided Sheriff Don Barnes last @ @ @ @ @ @ @ about evidence-booking misconduct by officers .
In November 2019 , county officials announced that a probe of the sheriff ’ s department found more than a dozen officers failed to book evidence according to policy , and in some cases failed to book evidence when they claimed to do so , a practice Spitzer said jeopardized criminal cases on his docket .
“ These are further reasons why we need accountability from this case and from a judge rather than trust that [ Orange County officials ] will implement reforms , ” Trivedi @ @ @ @ @ @ @ in July it found prosecutors under the previous administration acted unlawfully in their prosecution of the Dekraai case .
Afterward , Spitzer announced he would stamp out prosecutorial misconduct under new reforms , including the establishment of a committee to review the ethics of major case prosecutions .
Spitzer ’ s audit of the Dekraai prosecution found that the use of jailhouse informants was unnecessary and detrimental to the case , but also that the program did not impact other criminal cases .
Families of Dekraai ’ s victims were unhappy with Spitzer @ @ @ @ @ @ @ were further inflamed when a video surfaced of Spitzer speaking at a 2019 retirement party for lead Dekraai prosecutors Scott Simmons and Dan Wagner .
In the video , first reported by Voice of OC , Spitzer tells Wagner and Simmons they were “ unfairly blamed ” for the fallout of the jailhouse informant scandal .
Spitzer also called the two former prosecutors “ honorable men ” who deeply value “ the ethics of our profession.
” In a protest Wednesday outside the DA ’ s office , families of the Seal Beach @ @ @ @ @ @ @ sister of victim Laura and also a plaintiff in the jailhouse informant lawsuit — called for Spitzer ’ s resignation and blasted his behavior in the video .
Paul Wilson , whose wife Christy was killed in the Seal Beach shooting , said in a press release Spitzer should resign for promising to root out prosecutorial misconduct only to later praise the two men at the center of his office ’ s largest scandal to date .
“ Shame on Todd Spitzer for turning a tragedy into a political opportunity , ” the @ @ @ @ @ @ @ the protest , Spitzer said he understands families ’ frustration with the criminal legal system .
“ But that frustration has morphed into an unrelenting scorched earth campaign against the OCDA ’ s Office and demands to fire people who have already left the office or were never involved in the prosecution , ” he said .
Spitzer also chided Wilson for collaborating with Scott Sanders — the public defense attorney who represented Dekraai and helped uncover the county ’ s confidential informant program — adding that Sanders is motivated by political ambition @ @ @ @ @ @ @ Mr. Wilson , who has suffered unimaginable loss at the hands of a criminal , is now campaigning on behalf of an assistant public defender who wants nothing more than to run for District Attorney so that he can throw the jail doors open and release criminals back into the streets without being held accountable , ” Spitzer said in the statement .
Sanders did not immediately respond to a request for comment .
After Spitzer released his statement on the protest , Wilson said on Twitter he couldn ’ t understand why @ @ @ @ @ @ @ “ How dare OCDA/TODD SPITZER attack my character , ” Wilson tweeted .
“ I have fought for Christy Wilson since day 1 and will not allow that PARASITE to tarnish my work exposing the corruption in that office .
”

Orange County District Attorney Todd Spitzer touted reforms he’s implemented while in office as families of victims of the area’s worst mass shooting called for his resignation and after a California appeals court revived a lawsuit seeking to end the controversial jailhouse informant program Spitzer oversees.
(CN) — Orange County District Attorney Todd Spitzer touted reforms he’s implemented while in office as families of victims of the area’s worst mass shooting called for his resignation and after a California appeals court revived a lawsuit seeking to end the controversial jailhouse informant program Spitzer oversees.
Southern California’s Fourth Appellate District on Wednesday reversed an earlier dismissal of a lawsuit by Orange County residents who claim a jailhouse informant program operated by the DA and county sheriff’s department has eroded their faith in the criminal legal system’s ability to deliver justice.
Residents want a judge to end a program that coerces confessions and other information from incarcerated people by way of threats and violence from informants who are collaborating with the DA and sheriff.
The information, some of it containing exonerating details, was hidden from defense attorneys later presented by prosecutors as fact during at least 140 criminal proceedings in Orange County Superior Court, the lawsuit said.
The scandal resulted in new trials or new sentences in several high-profile cases and derailed the county’s prosecution of the area’s deadliest mass murderer — Scott Dekraai, who massacred eight people at a hair salon in Seal Beach, California, in 2011.
Associate Justice Raymond Ikola wrote in the court’s opinion that residents have standing to pursue their claims because the informant program represents a “flagrant disregard of the government’s constitutional duties and limitations.”
Ikola also rejected the county’s claims that the case would impede any pending criminal prosecutions and interfere with law enforcement duties, writing in the opinion that the complaint cannot request any orders in active criminal cases.
Kimberly Edds, a spokesperson for the Orange County District Attorney’s Office, said in an emailed statement to Courthouse News on Wednesday the agency is reviewing the ruling with county counsel and will determine its next steps at a later time.
Somil Trivedi, an American Civil Liberties Union attorney representing the Orange County residents in the case, said in an interview Thursday plaintiffs were pleased the court rejected the county’s arguments.
“The court found essentially that they were not above the law,” Trivedi told Courthouse News. “We feel vindicated. The ruling is a total victory.”
Edds also said in the statement Spitzer has implemented a host of reforms when he took office, including on the jailhouse informant program.
“He adopted a new jailhouse informant manual that strictly governs the use of jailhouse informants, including the provision that a jailhouse informant cannot be used without the express consent of the District Attorney,” the statement said.
But Trivedi said the reforms are not enough to convince county residents that they should trust Spitzer to ensure the program is operating legally, or even that the program should continue to exist.
“I don't think we should feel comforted that he's citing reforms whereby he's the final arbiter of whether his office is using informants legally,” Trivedi said. “In a broader context, Orange County law enforcement does not deserve the benefit of the doubt.”
Trivedi noted that on top of the jailhouse snitch scandal, residents’ faith in law enforcement corroded further after Spitzer chided Sheriff Don Barnes last year for his failure to inform him about evidence-booking misconduct by officers.
In November 2019, county officials announced that a probe of the sheriff’s department found more than a dozen officers failed to book evidence according to policy, and in some cases failed to book evidence when they claimed to do so, a practice Spitzer said jeopardized criminal cases on his docket.
“These are further reasons why we need accountability from this case and from a judge rather than trust that [Orange County officials] will implement reforms,” Trivedi said.


courthousenews--2020-08-14--Record High Percentage of Voters Registered in California

SACRAMENTO , Calif. ( CN ) — Voter interest continues to grow in California as officials announced Thursday over 83 % of the electorate has registered to vote , the highest entering a general election since 1952 .
Following a Super Tuesday in which a record 9.6 million Californians voted , Secretary of State Alex Padilla says the registration spike has continued even with the extended coronavirus shutdown .
“ Despite the Covid-19 pandemic , California is on track to reach another registration milestone , ” Padilla said in a statement .
“ California will reach 21 million registered voters @ @ @ @ @ @ @ state record for voter registration.
” After lawmakers bumped the primary up from June to March to encourage participation , California counted a record number of votes and notched its second highest turnout for a primary .
Padilla and other officials said the move was a clear success as it forced presidential candidates to campaign in the nation ’ s largest state .
In the first registration report since the primary , Padilla says 2.8 million more people have signed up to vote compared to a similar point in the 2016 election cycle @ @ @ @ @ @ @ the state ’ s 25 million eligible are slated to participate Nov. 3 .
California is one of many states that have decided to temporarily overhaul their election policies due to the pandemic .
Governor Gavin Newsom ordered mandatory mail ballots on May 8 , claiming the state needed to quell the fears of voters and volunteers about contracting the coronavirus at polling sites .
He said California voters shouldn ’ t have to wade into a “ concentrated dense environment to cast their vote.
” The move was criticized by President Donald @ @ @ @ @ @ @ court by California Republicans .
To help make the switch , lawmakers have passed a series of bills extending the length of time officials can count ballots postmarked on or before Election Day , along with guidelines requiring at least one physical voting center per 10,000 registered voters .
In addition , counties will be required to offer voters a ballot-tracking system .
Hoping to spur interest after a stretch of low-voter turnout in statewide elections , the state ’ s Democratic-controlled Legislature has passed a series of registration reforms over the last @ @ @ @ @ @ @ ’ s edict , counties were allowed to send each registered voter ballots in the mail .
The state has also implemented programs that allow eligible residents to register when they apply for a driver ’ s license , same-day registration at polling sites and 16- and 17-year-olds can sign up to have their registration automatically activated when they turn 18 .
The horde of changes have however presented hurdles , as last week Padilla acknowledged over half of the state ’ s counties were struggling to secure enough places willing and able @ @ @ @ @ @ @ This is an all-hands-on-deck moment , ” said Padilla .
“ Anybody who has a facility that may lend itself to an in-person location this November , we need your help.
” So far two California professional sports franchises have answered Padilla ’ s call , as both the Los Angeles Dodgers and Sacramento Kings have offered their respective counties use of their stadiums .
Meanwhile the Democratic Party continues to increase its share of California ’ s electorate .
According to Thursday ’ s update , 46 % have registered to vote @ @ @ @ @ @ @ .
Registered Democrats outnumber Republican statewide by 4.7 million , while nearly 30 % have registered as no-party-preference or third-party .
The Democratic Party ’ s main strongholds are in counties like Los Angeles , San Francisco , Alameda and Contra Costa where it holds over 50 % of registered voters .
Republicans make up over half the voters in just rural Modoc and Lassen counties .
Gov .
Arnold Schwarzenegger and Insurance Commissioner Steve Poizner were the last Republicans to win statewide office in 2006 and the state hasn ’ t gone @ @ @ @ @ @ @ H.W .
Bush in 1988 .
Since this time in 2016 , Los Angeles County has seen the largest increase in registered voters with 642,000 , followed by San Diego with 299,000 and San Bernardino 236,000 .
Percentage wise , Tulare ( 31 % ) and San Bernardino ( 29 % ) have seen the largest jumps .
Statewide , over 564,000 16- and 17-year-olds have preregistered since 2016 to vote once they turn 18 .

Voter interest continues to grow in California as officials announced Thursday over 83% of the electorate has registered to vote, the highest entering a general election since 1952.
SACRAMENTO, Calif. (CN) — Voter interest continues to grow in California as officials announced Thursday over 83% of the electorate has registered to vote, the highest entering a general election since 1952.
Following a Super Tuesday in which a record 9.6 million Californians voted, Secretary of State Alex Padilla says the registration spike has continued even with the extended coronavirus shutdown.
“Despite the Covid-19 pandemic, California is on track to reach another registration milestone,” Padilla said in a statement. “California will reach 21 million registered voters before the November General Election-extending our current state record for voter registration.”
After lawmakers bumped the primary up from June to March to encourage participation, California counted a record number of votes and notched its second highest turnout for a primary. Padilla and other officials said the move was a clear success as it forced presidential candidates to campaign in the nation’s largest state.
In the first registration report since the primary, Padilla says 2.8 million more people have signed up to vote compared to a similar point in the 2016 election cycle. A total of 20.9 million of the state’s 25 million eligible are slated to participate Nov. 3.
California is one of many states that have decided to temporarily overhaul their election policies due to the pandemic.
Governor Gavin Newsom ordered mandatory mail ballots on May 8, claiming the state needed to quell the fears of voters and volunteers about contracting the coronavirus at polling sites. He said California voters shouldn’t have to wade into a “concentrated dense environment to cast their vote.”
The move was criticized by President Donald Trump on Twitter and unsuccessfully challenged in court by California Republicans.
To help make the switch, lawmakers have passed a series of bills extending the length of time officials can count ballots postmarked on or before Election Day, along with guidelines requiring at least one physical voting center per 10,000 registered voters. In addition, counties will be required to offer voters a ballot-tracking system.
Hoping to spur interest after a stretch of low-voter turnout in statewide elections, the state’s Democratic-controlled Legislature has passed a series of registration reforms over the last several years.
Even prior to Newsom’s edict, counties were allowed to send each registered voter ballots in the mail. The state has also implemented programs that allow eligible residents to register when they apply for a driver’s license, same-day registration at polling sites and 16- and 17-year-olds can sign up to have their registration automatically activated when they turn 18.
The horde of changes have however presented hurdles, as last week Padilla acknowledged over half of the state’s counties were struggling to secure enough places willing and able to accommodate socially distant voting.
“This is an all-hands-on-deck moment,” said Padilla. “Anybody who has a facility that may lend itself to an in-person location this November, we need your help.”
So far two California professional sports franchises have answered Padilla’s call, as both the Los Angeles Dodgers and Sacramento Kings have offered their respective counties use of their stadiums.
Meanwhile the Democratic Party continues to increase its share of California’s electorate.
According to Thursday’s update, 46% have registered to vote Democratic compared to just 24% Republican. Registered Democrats outnumber Republican statewide by 4.7 million, while nearly 30% have registered as no-party-preference or third-party.
The Democratic Party’s main strongholds are in counties like Los Angeles, San Francisco, Alameda and Contra Costa where it holds over 50% of registered voters. Republicans make up over half the voters in just rural Modoc and Lassen counties.
Gov. Arnold Schwarzenegger and Insurance Commissioner Steve Poizner were the last Republicans to win statewide office in 2006 and the state hasn’t gone to a GOP presidential candidate since George H.W. Bush in 1988.
Since this time in 2016, Los Angeles County has seen the largest increase in registered voters with 642,000, followed by San Diego with 299,000 and San Bernardino 236,000. Percentage wise, Tulare (31%) and San Bernardino (29%) have seen the largest jumps. Statewide, over 564,000 16- and 17-year-olds have preregistered since 2016 to vote once they turn 18.


PAC Names

MISSOULA , Mont .
— A Montana law that governs how a political action committee can name itself fails under @ @ @ @ @ court in the state ruled , regardless of whether it “ imposes a content-based limitation @ @ @ @ @ or “ requires the disclosure of information to which listeners ought to be entitled .
@


Murder for Hire

CHICAGO — The Seventh Circuit affirmed the grant of a habeas petition to a man who was convicted of murder @ @ @ @ @ hitman — really an undercover police officer — that he wanted his ex-wife and her @ @ @ @ @ claims his excluded testimony about his interactions with a police informant would have demonstrated that @ @ @ @ @ was a charade , and he never intended to have anyone murdered .


Nursing Homes

NEWARK , N.J. — A federal court in New Jersey remanded to state court a complaint alleging certain rehabilitation centers @ @ @ @ @ adequately protect residents from Covid-19 .
The claims are not preempted by the Public Readiness @ @ @ @ @ as the defendants had claimed .


courthousenews--2020-08-14--Federal Judge Orders Trump Campaign to Provide Proof of Mail-In Voting Fraud

( CN ) — President Donald Trump ’ s re-election campaign and the Republican Party have until Friday to provide evidence of mail-in voting fraud in Pennsylvania , a federal judge ordered on Thursday .
Judge J. Nicholas Ranjan , a Trump appointee , decided that it is time for Republicans to back up their unsubstantiated claims of potential massive mail-in voter fraud in the battleground state .
Furthering the president ’ s fight against mail-in voting as the November election draws near , the Trump campaign and the RNC had sued all 67 counties in Pennsylvania over the state @ @ @ @ @ @ @ June .
The Republicans asked the court to block officials from counting absentee ballots unless they are mailed by voters to their county election office or dropped off in person rather than at the drop-off sites .
Pennsylvania lawmakers last year passed an extension of mail-in ballot options to allow all residents to vote by mail even if they do not have a stated reason to do so .
The Covid-19 pandemic has caused a surge in demand for absentee ballots in the state , which was mitigated during the June 2 primary @ @ @ @ @ @ @ boxes in some counties .
“ Contrary to the direction of Pennsylvania ’ s General Assembly , defendants have sacrificed the sanctity of in-person voting at the altar of unmonitored mail-in voting and have exponentially enhanced the threat that fraudulent or otherwise ineligible ballots will be cast and counted in the upcoming general election , ” the lawsuit states .
But Americans have been voting by mail since the Civil War , and state Democrats wrote the court on Wednesday to condemn the lawsuit as an attempt to spark fear over unproven and @ @ @ @ @ @ @ .
The Democratic Party , joined by the Sierra Club , intervened in the case , to ask for evidence that might support the campaign ’ s allegations .
Judge Ranjan sided with the Democrats on Thursday , giving the Trump campaign one day to respond to Democrats ’ requests for evidence of potential mail-in voting fraud with documents , answers and information .
“ Plaintiffs shall produce such evidence in their possession , and if they have none , state as much , ” Ranjan wrote .
So far , the campaign @ @ @ @ @ @ @ offered the testimony of experts , according to the order .
The two-page order came the same day that Trump , during an interview with Fox Business Network , said he opposes a Democrat-led effort to boost funding for the U.S .
Postal Service .
He appeared to suggest that he is against the proposed postal funding because he wants to prevent an extension of mail-in voting .
A few hours later , while continuing to make false claims about mail-in voting during a press briefing , Trump clarified that he would not @ @ @ @ @ @ @ it includes funding for the U.S .
Postal Service .
Andrew Bates , spokesperson for Joe Biden ’ s campaign , said in a statement that the president is “ sabotaging a basic service that hundreds of millions of people rely upon ” because he “ wants to deprive Americans of their fundamental right to vote .
”

President Donald Trump’s re-election campaign and the Republican Party have until Friday to provide evidence of mail-in voting fraud in Pennsylvania, a federal judge ordered on Thursday.
(CN) — President Donald Trump’s re-election campaign and the Republican Party have until Friday to provide evidence of mail-in voting fraud in Pennsylvania, a federal judge ordered on Thursday.
Judge J. Nicholas Ranjan, a Trump appointee, decided that it is time for Republicans to back up their unsubstantiated claims of potential massive mail-in voter fraud in the battleground state.
Furthering the president’s fight against mail-in voting as the November election draws near, the Trump campaign and the RNC had sued all 67 counties in Pennsylvania over the state’s absentee ballot drop-off sites in June.
The Republicans asked the court to block officials from counting absentee ballots unless they are mailed by voters to their county election office or dropped off in person rather than at the drop-off sites.
Pennsylvania lawmakers last year passed an extension of mail-in ballot options to allow all residents to vote by mail even if they do not have a stated reason to do so. The Covid-19 pandemic has caused a surge in demand for absentee ballots in the state, which was mitigated during the June 2 primary with the use of absentee ballot drop boxes in some counties.
“Contrary to the direction of Pennsylvania’s General Assembly, defendants have sacrificed the sanctity of in-person voting at the altar of unmonitored mail-in voting and have exponentially enhanced the threat that fraudulent or otherwise ineligible ballots will be cast and counted in the upcoming general election,” the lawsuit states.
But Americans have been voting by mail since the Civil War, and state Democrats wrote the court on Wednesday to condemn the lawsuit as an attempt to spark fear over unproven and unfounded claims of massive mail-in ballot fraud.
The Democratic Party, joined by the Sierra Club, intervened in the case, to ask for evidence that might support the campaign’s allegations.
Judge Ranjan sided with the Democrats on Thursday, giving the Trump campaign one day to respond to Democrats’ requests for evidence of potential mail-in voting fraud with documents, answers and information.
The judge offered one alternative.
“Plaintiffs shall produce such evidence in their possession, and if they have none, state as much,” Ranjan wrote.
So far, the campaign has neither displayed the requested evidence nor offered the testimony of experts, according to the order.
The two-page order came the same day that Trump, during an interview with Fox Business Network, said he opposes a Democrat-led effort to boost funding for the U.S. Postal Service. He appeared to suggest that he is against the proposed postal funding because he wants to prevent an extension of mail-in voting.
A few hours later, while continuing to make false claims about mail-in voting during a press briefing, Trump clarified that he would not veto a coronavirus relief bill just because it includes funding for the U.S. Postal Service.
Andrew Bates, spokesperson for Joe Biden’s campaign, said in a statement that the president is “sabotaging a basic service that hundreds of millions of people rely upon” because he “wants to deprive Americans of their fundamental right to vote.”