courthousenews--2020-11-05--Georgia Dems Sue Over 2018 Cyber Crime Accusations

( CN ) — As Georgians cast their ballots and turned their attention to the results of a nail-biter 2020 presidential race Tuesday , the Georgia Democratic Party filed a lawsuit repudiating accusations leveled against it during the 2018 midterm election .
The Georgia Democratic Party said Republican Governor Brian Kemp , then secretary of state , intimidated and politically retaliated against the party when his spokesperson announced his office was investigating it for “ possible cyber crimes ” hours before the polls were set to open in 2018 , according to the 37-page complaint filed in federal court .
@ @ @ @ @ @ @ ’ s office made its accusations “ without an iota of evidence.
” “ Defendants ’ knowingly false accusations served to intimidate , threaten and deter the Democratic Party of Georgia ’ s member-voters , and constituted retaliation against the Party for its support and advocacy for Democratic candidates , ” the complaint said .
“ To protect the integrity of future elections in Georgia , Defendants must be held accountable for their violations of federal law.
” The 2018 midterm elections in the Peach State pushed issues of election integrity and security @ @ @ @ @ @ @ , a voting rights activist , ran against Kemp , who refused to recuse himself from overseeing the election that placed him in the governor ’ s mansion .
Georgia relied on its old paperless system for one last major election .
Days before the 2018 election , a Georgia resident discovered the secretary of state ’ s website allowed anyone to download personally identifiable information of any Georgia voter , such as the last four digits of their Social Security number , according to the complaint .
The resident reached out to @ @ @ @ @ @ @ the issue , including the Georgia Democratic Party .
The secretary of state ’ s office and Kemp ’ s campaign both accused the party of acting improperly .
The day after the accusations flew , the problems remained in Georgia ’ s system , according to the complaint .
“ But Defendants accused only the Democratic Party of Georgia of cyber crimes , even though an attorney for Kemp himself was aware of the vulnerabilities at about the same time or before the Democratic Party of Georgia was even informed , ” @ @ @ @ @ @ @ Bureau of Investigation looked into the matter , they cleared the resident who originally discovered the flaw , the complaint said , and did not investigate the Democratic Party because the accusations were baseless .
However , statements announcing the investigation into the Democratic Party are still up on the secretary of state ’ s website .
The complaint states Democrats had to spend time responding to the accusations and “ caused Plaintiff and its members to fear that future urging or aiding persons to vote will subject them to further false accusations @ @ @ @ @ @ @ to safety , or economic hardship.
” The suit , signed by attorney Manoj Varghese of the Atlanta firm Bondurant , Mixon and Elmore , asks for less than $ 20 in damages and the removal of the announcements from the website of the secretary of state ’ s office .
Spokespersons for Kemp and the Georgia Democratic Party did not immediately respond to requests for comment .

As Georgians cast their ballots and turned their attention to the results of a nail-biter 2020 presidential race Tuesday, the Georgia Democratic Party filed a lawsuit repudiating accusations leveled against it during the 2018 midterm election.
(CN) — As Georgians cast their ballots and turned their attention to the results of a nail-biter 2020 presidential race Tuesday, the Georgia Democratic Party filed a lawsuit repudiating accusations leveled against it during the 2018 midterm election.
The Georgia Democratic Party said Republican Governor Brian Kemp, then secretary of state, intimidated and politically retaliated against the party when his spokesperson announced his office was investigating it for “possible cyber crimes” hours before the polls were set to open in 2018, according to the 37-page complaint filed in federal court.
The complaint states the secretary of state’s office made its accusations “without an iota of evidence.”
“Defendants’ knowingly false accusations served to intimidate, threaten and deter the Democratic Party of Georgia’s member-voters, and constituted retaliation against the Party for its support and advocacy for Democratic candidates,” the complaint says. “To protect the integrity of future elections in Georgia, Defendants must be held accountable for their violations of federal law.”
The 2018 midterm elections in the Peach State pushed issues of election integrity and security to the forefront. Democrat Stacey Abrams, a voting rights activist, ran against Kemp, who refused to recuse himself from overseeing the election that placed him in the governor’s mansion. Georgia relied on its old paperless system for one last major election.
And people were finding security flaws.
Days before the 2018 election, a Georgia resident discovered the secretary of state’s website allowed anyone to download personally identifiable information of any Georgia voter, such as the last four digits of their Social Security number, according to the complaint. The resident reached out to an attorney and several groups learned of the issue, including the Georgia Democratic Party.
The secretary of state’s office and Kemp’s campaign both accused the party of acting improperly. The day after the accusations flew, the problems remained in Georgia’s system, according to the complaint.
“But Defendants accused only the Democratic Party of Georgia of cyber crimes, even though an attorney for Kemp himself was aware of the vulnerabilities at about the same time or before the Democratic Party of Georgia was even informed,” the complaint says.
When the Georgia Bureau of Investigation looked into the matter, they cleared the resident who originally discovered the flaw, according to the complaint, and did not investigate the Democratic Party because the accusations were baseless.
But statements announcing the investigation into the Democratic Party are still up on the secretary of state’s website.
The complaint says Democrats had to spend time responding to the accusations and “caused Plaintiff and its members to fear that future urging or aiding persons to vote will subject them to further false accusations, false prosecution, harassment, threats to safety, or economic hardship.”
The suit, signed by attorney Manoj Varghese of the Atlanta firm Bondurant, Mixon and Elmore, asks for less than $20 in damages and the removal of the announcements from the website of the secretary of state’s office.
Spokespersons for Kemp and the Georgia Democratic Party did not immediately respond to requests for comment.


courthousenews--2020-11-05--San Francisco Voters Back Sheriff Reforms and ‘Overpaid CEO’ Tax

SAN FRANCISCO ( CN ) — Breaking up a scandal-tainted city department , creating an oversight board for the sheriff ’ s department and taxing companies that pay CEOs far more than their workers are just a few of the ballot measures San Francisco voters approved this election year .
Voters in the city by the bay passed two police-reform measures — Proposition E , which eliminates a 1,971 staffing limit for fully-duty police officers , and Proposition D , which creates a new oversight board and inspector general ’ s office for the sheriff ’ s department .
San @ @ @ @ @ @ @ the city maintain a nearly 2,000-person police force .
The staffing limit stems from a 1979 class action settlement to address race and sex discrimination in the police department .
The lawsuit claimed discriminatory promotional exams and physical agility tests disfavored female and minority applicants .
At the time of the settlement , the 1,670-person police force had only 60 women and 200 Black , Asian , or Hispanic officers .
The settlement mandated a minimum staffing level of 1,971 to be maintained for at least three years .
The staffing minimum later @ @ @ @ @ @ @ 1994 with the passage of a ballot measure .
At a time when progressive activists are pushing to divert funds from police departments to community resources , San Francisco Board of Supervisors President Norman Yee , who proposed the change , called the staffing limit “ an antiquated number.
” He recommended that staffing levels be based on workloads and periodically reviewed by the board .
Concurring with that perspective , 72 % of voters approved the measure .
Voters also endorsed creating an oversight board and investigative arm to add more accountability @ @ @ @ @ @ @ reports of mistreatment in city jails and accusations of excessive force by a sheriff ’ s captain at a racial justice protest in June .
The board will make recommendations to city supervisors based on the inspector general ’ s investigations of in-custody deaths and complaints made against the sheriff ’ s department and its contractors .
Supervisor Shamman Walton , who introduced the proposed charter amendment , called it “ a first step in rebuilding community trust ” in July .
The proposal garnered support from 67 % of voters .
On @ @ @ @ @ @ @ voters green-lighted a plan to break up the Department of Public Works , which was rocked by scandal this year when its former director Mohammed Nuru was arrested for corruption in January .
Supervisor Matt Haney proposed splitting up the department and creating a new city agency focused solely on cleaning and maintaining streets and sidewalks .
Proposition B will also create two five-member commissions to oversee each department , approve contracts and provide extra accountability and transparency .
Voters approved the measure with 61 % in favor .
A proposal to impose @ @ @ @ @ @ @ executives earn at least 100 times more than the median pay of their San Francisco employees was overwhelmingly approved as well .
Proposition L will impose an additional 0.1 % –0.6 % gross receipts tax on those businesses .
Companies that could be affected include Gap , Visa , Wells Fargo , and Charles Schwab .
The tax is expected to generate an extra $ 60 to $ 140 million per year for the city ’ s general fund .
Supervisors have recommended using the “ overpaid executive ” tax money to hire @ @ @ @ @ @ @ and mental health care providers .
On another business tax-related proposal , voters endorsed a plan to overhaul the city ’ s business tax structure .
Proposition F will eliminate the city ’ s payroll tax , which some criticized as disincentivizing the hiring of workers , and increase its gross receipts tax and registration fees for some businesses while exempting others , such as small businesses .
The proposal is expected to increase annual revenue by $ 97 million .
More than 68 % of voters approved it .
San Franciscans did @ @ @ @ @ @ @ year .
Proposition G which would have allowed 16- and 17-year-olds to vote in local elections , is so far failing by a razor-thin margin .
A mere 818 votes separate those in favor from the 168,852 who voted against it .
A nearly identical proposal also failed in 2016 with 52.6 % of San Franciscans voting against it .
In June , high school students who serve on the city ’ s youth commission argued that young people should have more of a say in their government so they don ’ t @ @ @ @ @ @ @ protest , as many did after the police killing of George Floyd in Minneapolis this past May , when they strongly disagree with policies on issues such as police accountability .
If approved , San Francisco would become the first major city in the United States to let 16- and 17-year-olds vote in municipal elections .

Breaking up a scandal-tainted city department, creating an oversight board for the sheriff’s department and taxing companies that pay CEOs far more than their workers are just a few of the ballot measures San Francisco voters approved this election year.
SAN FRANCISCO (CN) — Breaking up a scandal-tainted city department, creating an oversight board for the sheriff’s department and taxing companies that pay CEOs far more than their workers are just a few of the ballot measures San Francisco voters approved this election year.
Voters in the city by the bay passed two police-reform measures — Proposition E, which eliminates a 1,971 staffing limit for fully-duty police officers, and Proposition D, which creates a new oversight board and inspector general’s office for the sheriff’s department.
San Franciscans overwhelmingly supported eliminating a requirement that the city maintain a nearly 2,000-person police force. The staffing limit stems from a 1979 class action settlement to address race and sex discrimination in the police department. The lawsuit claimed discriminatory promotional exams and physical agility tests disfavored female and minority applicants. At the time of the settlement, the 1,670-person police force had only 60 women and 200 Black, Asian, or Hispanic officers.
The settlement mandated a minimum staffing level of 1,971 to be maintained for at least three years. The staffing minimum later became part of the city charter in 1994 with the passage of a ballot measure.
At a time when progressive activists are pushing to divert funds from police departments to community resources, San Francisco Board of Supervisors President Norman Yee, who proposed the change, called the staffing limit “an antiquated number.” He recommended that staffing levels be based on workloads and periodically reviewed by the board. Concurring with that perspective, 72% of voters approved the measure.
Voters also endorsed creating an oversight board and investigative arm to add more accountability to the Sheriff’s Department following reports of mistreatment in city jails and accusations of excessive force by a sheriff’s captain at a racial justice protest in June.
The board will make recommendations to city supervisors based on the inspector general’s investigations of in-custody deaths and complaints made against the sheriff’s department and its contractors.
Supervisor Shamman Walton, who introduced the proposed charter amendment, called it “a first step in rebuilding community trust” in July. The proposal garnered support from 67% of voters.
On proposed reforms for another city department, voters green-lighted a plan to break up the Department of Public Works, which was rocked by scandal this year when its former director Mohammed Nuru was arrested for corruption in January. Supervisor Matt Haney proposed splitting up the department and creating a new city agency focused solely on cleaning and maintaining streets and sidewalks. Proposition B will also create two five-member commissions to oversee each department, approve contracts and provide extra accountability and transparency. Voters approved the measure with 61% in favor.
A proposal to impose an extra tax on companies whose top executives earn at least 100 times more than the median pay of their San Francisco employees was overwhelmingly approved as well. Proposition L will impose an additional 0.1%–0.6% gross receipts tax on those businesses. Companies that could be affected include Gap, Visa, Wells Fargo, and Charles Schwab.
The tax is expected to generate an extra $60 to $140 million per year for the city’s general fund. Supervisors have recommended using the “overpaid executive” tax money to hire essential health care workers, first responders and mental health care providers.
On another business tax-related proposal, voters endorsed a plan to overhaul the city’s business tax structure. Proposition F will eliminate the city’s payroll tax, which some criticized as disincentivizing the hiring of workers, and increase its gross receipts tax and registration fees for some businesses while exempting others, such as small businesses. The proposal is expected to increase annual revenue by $97 million. More than 68% of voters approved it.
San Franciscans did not easily approve every proposal before them this year. Proposition G which would have allowed 16- and 17-year-olds to vote in local elections, is so far failing by a razor-thin margin. A mere 818 votes separate those in favor from the 168,852 who voted it down. A nearly identical proposal also failed in 2016 with 52.6% of San Franciscans voting against it.
In June, high school students who serve on the city’s youth commission argued that young people should have more of a say in their government so they don’t have to take to the streets in protest, as many did after the police killing of George Floyd in Minneapolis this past May, when they strongly disagree with policies on issues such as police accountability.
If approved, San Francisco would become the first major city in the United States to let 16- and 17-year-olds vote in municipal elections.
These early results are based on 353,572 ballots, of which 91% were mail-in votes. About 90,000 ballots still need to be counted, according to the San Francisco Department of Elections.


Top Eight

Your Wednesday night briefing from the staff of Courthouse News Top eight CNS stories for today including the presidential election continues to hang in the balance ; President Trump is filing legal challenges over election results in Michigan and Pennsylvania ; A federal judge railed at the U.S .
Postal Service for ignoring an order to sweep postal facilities for mail-in ballots , and more .
Sign up for the CNS Top Eight , a roundup of the day ’ s top stories delivered directly to your inbox Monday through Friday .
1 . )
The presidential election continued to @ @ @ @ @ @ @ Democrat Joe Biden holding narrow leads over President Donald Trump in enough states that — if margins hold — will deliver him the White House .
2 . )
Joe Biden did not declare victory Wednesday afternoon .
Instead , he said he ’ s confident that when all the votes are counted , he will win the White House .
3 . )
A federal judge railed at the U.S .
Postal Service on Wednesday for ignoring an order to sweep postal facilities for mail-in ballots on Election Day .
4 .
@ @ @ @ @ @ @ ’ s 10 electoral votes Wednesday afternoon by a margin of roughly 20,000 votes , though President Donald Trump has already demanded a recount after a night of twists and turns .
5 . )
Democrat Joe Biden was declared the winner of Michigan ’ s 16 electoral votes Wednesday afternoon as President Trump ’ s reelection campaign filed a lawsuit asking a judge to halt vote counting in the state over claims that the campaign was not allowed to observe the counting process .
6 . )
As Pennsylvania votes continue to @ @ @ @ @ @ @ Trump ’ s campaign said it is taking legal action to challenge the state ’ s extension for receiving absentee ballots .
7 . )
An expensive gamble by app-based gig companies paid off big time in California with the approval of a ballot measure that exempts firms like Uber and Lyft from a state labor law and lets them classify workers as independent contractors .
8 . )
Stunned by the electoral chaos enveloping the United States , the world began its anxious watch on Wednesday to find out whether U.S. President @ @ @ @ @ @ @ a presidency that has shaken the foundations of global politics .

Top eight CNS stories for today including the presidential election continues to hang in the balance; President Trump is filing legal challenges over election results in Michigan and Pennsylvania; A federal judge railed at the U.S. Postal Service for ignoring an order to sweep postal facilities for mail-in ballots, and more.
Your Wednesday night briefing from the staff of Courthouse News
Top eight CNS stories for today including the presidential election continues to hang in the balance; President Trump is filing legal challenges over election results in Michigan and Pennsylvania; A federal judge railed at the U.S. Postal Service for ignoring an order to sweep postal facilities for mail-in ballots, and more.
Sign up for the CNS Top Eight, a roundup of the day’s top stories delivered directly to your inbox Monday through Friday.
National
1.) The presidential election continued to hang in the balance Wednesday, with Democrat Joe Biden holding narrow leads over President Donald Trump in enough states that — if margins hold — will deliver him the White House.
On West 12th Street across from the Erie International Airport, Steven Lantz-Gordon, 24, at left, of Harborcreek Township, waves a flag in support of President Donald Trump near David Oberg, 60, at right, of Grand Valley, who raises a flag in support of Democratic presidential candidate and former Vice President Joe Biden during a rally held by Trump, Tuesday, Oct. 20, 2020, at Erie International Airport, Tuesday, Oct. 20, 2020, in Millcreek Township, Pa. (Christopher Millette/Erie Times-News via AP)
2.) Joe Biden did not declare victory Wednesday afternoon. Instead, he said he’s confident that when all the votes are counted, he will win the White House.
Democratic presidential candidate former Vice President Joe Biden speaks Wednesday, Nov. 4, 2020, in Wilmington, Del. (AP Photo/Carolyn Kaster)
3.) A federal judge railed at the U.S. Postal Service on Wednesday for ignoring an order to sweep postal facilities for mail-in ballots on Election Day.
Election worker Kristen Mun from Portland empties ballots from a ballot box at the Multnomah County Elections Division, Tuesday, Nov. 3, 3030 in Portland, Ore. Oregon is the first state in the nation to institute voting by mail and automatic voter registration. (AP Photo/Paula Bronstein)
Regional
4.) Democratic challenger Joe Biden reclaimed Wisconsin’s 10 electoral votes Wednesday afternoon by a margin of roughly 20,000 votes, though President Donald Trump has already demanded a recount after a night of twists and turns.
Election workers in Milwaukee count absentee ballots into the early morning, Wednesday, Nov. 4, 2020. (AP Photo/Stephen Groves)
5.) Democrat Joe Biden was declared the winner of Michigan’s 16 electoral votes Wednesday afternoon as President Trump’s reelection campaign filed a lawsuit asking a judge to halt vote counting in the state over claims that the campaign was not allowed to observe the counting process.
Election worker Robin Smith of Lansing helps a voter with his ballot Tuesday, Nov. 3, 2020, at Willow School in Lansing, Mich. [AP Photo/Matthew Dae Smith via Lansing State Journal]
6.) As Pennsylvania votes continue to be tallied Wednesday afternoon, President Donald Trump’s campaign said it is taking legal action to challenge the state’s extension for receiving absentee ballots.
Workers prepare mail-in ballots for counting at the convention center in Lancaster, Pa., on Nov. 4, 2020. (AP Photo/Julio Cortez)
7.) An expensive gamble by app-based gig companies paid off big time in California with the approval of a ballot measure that exempts firms like Uber and Lyft from a state labor law and lets them classify workers as independent contractors.
FILE - In this May 8, 2019, file photo Uber and Lyft drivers carry signs during a demonstration outside of Uber headquarters in San Francisco. A California law that makes it harder for companies to treat workers as independent contractors takes effect next week, forcing small businesses in and outside the state to rethink their staffing. (AP Photo/Eric Risberg, File)
International
8.) Stunned by the electoral chaos enveloping the United States, the world began its anxious watch on Wednesday to find out whether U.S. President Donald Trump will be reelected and continue a presidency that has shaken the foundations of global politics.


courthousenews--2020-11-04--LA to Pay $1.9 Million for Utility Crew Damage to Endangered Plants

( CN ) — The city of Los Angeles agreed to pay nearly $ 2 million in fines for bulldozing over nine acres of a state park in the Santa Monica Mountains and trampling an endangered plant species while replacing power poles near the affluent coastal neighborhood of Pacific Palisades .
In March 2019 , the LA Department of Water and Power ( LADWP ) graded fire roads in Topanga State Park to replace 220 wooden power poles north of Will Rogers State Beach .
The utility crews also created 30 short roads and removed coastal sage scrub , chaparral @ @ @ @ @ @ @ which is listed as an endangered plant under the federal Endangered Species Act .
A lone hiker notified the utility company via email about the plant ’ s endangered status .
But according to the California Coastal Commission , the same person saw the utility crews moving ahead with the project more than a week later .
A report by commission staff found that in all , 183 Braunton ’ s milkvetch plants along the Temescal Ridge Trail were damaged during the unpermitted project .
The commission became involved because the power pole @ @ @ @ @ @ @ regulates .
“ The newly graded roads and widened existing road went directly through coastal chaparral and coastal sage scrub communities — both of which are relatively rare and important ecosystems that support and include a wide variety of coastally important plants , insects , mammals , and birds , ” the commission report said .
On Wednesday , the commission approved a cease and desist order and a restoration plan that LADWP agreed to follow .
The utility will pay $ 1.9 million for the violation and perform erosion control , reverse @ @ @ @ @ @ @ the area .
LADWP will also implement long-term monitoring of the damage it caused .
That damage spread across a wide area and affected 200 of the roughly 2,000 milkvetch plants in the entire area , according to Coastal Commission enforcement analyst Logan Tillema .
Tillema showed photos of trampled vegetation and trails widened by bulldozers during a virtual meeting Wednesday .
Under the restoration plan , LADWP will restore nine acres within the coastal zone and 17 acres outside the zone , Tillema said .
While the utility agreed to the terms @ @ @ @ @ @ @ director of power transmission and distribution Brian Wilbur did not apologize publicly for the damage the crews caused .
Instead , he noted the importance of the power lines in the area and how they are the “ main arteries ” that feed the coastal neighborhoods and upgrading the poles was critical for wildfire safety .
The utility has the difficult task job of upgrading power lines in fire-prone areas with thick vegetation and replacing wooden poles .
LADWP will need to apply for a permit with the commission to replace 42 poles @ @ @ @ @ @ @ is crucial that we perform the work that ’ s needed with a focus on environmental stewardship , ” said Wilbur .
“ The ability for us to work together is a great benefit to both of us .
I think we ’ ve come to a very reasonable conclusion in this part of the violation.
” There was at least some hesitation from Sierra Club member Penny Elia about what the utility has promised it will do with restoration on a long-term scale of the area .
“ It appears that protection @ @ @ @ @ @ @ a utility company ’ s last thought , ” said Elia .
“ It would be wonderful to see an improvement in their grasp of how important their environmental stewardship is.
” She said the restoration process can not have enough oversight .
There were others who wanted the commission to move ahead with their vote Wednesday so the utility can begin replacing the poles in their neighborhood .
Benedict Canyon resident Nicole Miner said it was ironic that the poles were being replaced for better fire management in the area , but @ @ @ @ @ @ @ the area during the project .
An email to LADWP for comment on the status of their power pole project was not immediately answered by press time .

The city of Los Angeles agreed to pay nearly $2 million in fines for bulldozing over nine acres of a state park in the Santa Monica Mountains and trampling an endangered plant species while replacing power poles near the affluent coastal neighborhood of Pacific Palisades.
(CN) — The city of Los Angeles agreed to pay nearly $2 million in fines for bulldozing over nine acres of a state park in the Santa Monica Mountains and trampling an endangered plant species while replacing power poles near the affluent coastal neighborhood of Pacific Palisades.
A damaged Braunton’s milkvetch plant lies on the ground in the Topanga State Park. The Los Angeles Department of Water and Power damaged nearly 200 of the endangered plants during a power pole replacement project. (Photo courtesy California Coastal Commission)
In March 2019, the LA Department of Water and Power (LADWP) graded fire roads in Topanga State Park to replace 220 wooden power poles north of Will Rogers State Beach.
The utility crews also created 30 short roads and removed coastal sage scrub, chaparral habitat and Braunton’s milkvetch, which is listed as an endangered plant under the federal Endangered Species Act.
A lone hiker notified the utility company via email about the plant’s endangered status. But according to the California Coastal Commission, the same person saw the utility crews moving ahead with the project more than a week later.
A report by commission staff found that in all, 183 Braunton’s milkvetch plants along the Temescal Ridge Trail were damaged during the unpermitted project. The commission became involved because the power pole project was partially in an area it regulates.
“The newly graded roads and widened existing road went directly through coastal chaparral and coastal sage scrub communities — both of which are relatively rare and important ecosystems that support and include a wide variety of coastally important plants, insects, mammals, and birds,” the commission report said.
On Wednesday, the commission approved a cease and desist order and a restoration plan that LADWP agreed to follow. The utility will pay $1.9 million for the violation and perform erosion control, reverse any grading it performed, and replant the area. LADWP will also implement long-term monitoring of the damage it caused.
That damage spread across a wide area and affected 200 of the roughly 2,000 milkvetch plants in the entire area, according to Coastal Commission enforcement analyst Logan Tillema. Tillema showed photos of trampled vegetation and trails widened by bulldozers during a virtual meeting Wednesday.
Under the restoration plan, LADWP will restore nine acres within the coastal zone and 17 acres outside the zone, Tillema said.
While the utility agreed to the terms set by the Coastal Commission, LADWP director of power transmission and distribution Brian Wilbur did not apologize publicly for the damage the crews caused. Instead, he noted the importance of the power lines in the area and how they are the “main arteries” that feed the coastal neighborhoods and upgrading the poles was critical for wildfire safety.
The utility has the difficult task job of upgrading power lines in fire-prone areas with thick vegetation and replacing wooden poles. LADWP will need to apply for a permit with the commission to replace 42 poles within the coastal zone.
“It is crucial that we perform the work that’s needed with a focus on environmental stewardship,” said Wilbur. “The ability for us to work together is a great benefit to both of us. I think we’ve come to a very reasonable conclusion in this part of the violation.”
There was at least some hesitation from Sierra Club member Penny Elia about what the utility has promised it will do with restoration on a long-term scale of the area.
“It appears that protection and preservation of natural resources is always a utility company’s last thought,” said Elia. “It would be wonderful to see an improvement in their grasp of how important their environmental stewardship is.”
She said the restoration process cannot have enough oversight.
There were others who wanted the commission to move ahead with their vote Wednesday so the utility can begin replacing the poles in their neighborhood. Benedict Canyon resident Nicole Miner said it was ironic that the poles were being replaced for better fire management in the area, but the crews inadvertently removed the vegetation around the area during the project.
An email to LADWP for comment on the status of their power pole project was not immediately answered by press time.


courthousenews--2020-11-06--Trump Repeats Claims of Election Fraud as Biden Closes In

( CN ) — President Donald Trump , confronted with his dwindling chances of retaining the White House , launched an evidence-free tirade against the integrity of the Democratic process Thursday evening .
“ Officials overseeing the count in Pennsylvania and other states are all part of a corrupt Democratic regime , ” Trump said from the briefing room at the White House .
He said Philadelphia and Detroit were Democratic-run cities and — as a result — untrustworthy .
The speech came off as a feeble attempt to try and turn the tide of what looks like an inevitable @ @ @ @ @ @ @ is on the cusp of overtaking Trump ’ s lead in Pennsylvania and Georgia and winning the necessary electoral votes to claim victory .
Trump sounded hoarse and subdued as he listed a litany of grievances that included the mail-in ballot process .
“ It makes people corrupt even if they aren ’ t corrupt by nature , ” Trump said of the process , which has been utilized by several states long before the coronavirus pandemic forced the nation to get on board .
He also complained that poll watchers were ejected @ @ @ @ @ @ @ barred access .
“ They seem to be able to find the ballots , ” Trump said .
The voting process this year is unusual due to the coronavirus .
There is a massive number of mail-in ballots as states attempted to give voters a safer means of casting their votes .
In places like Michigan , Wisconsin and Pennsylvania , mail-in ballots were not allowed to be counted until after the polls closed .
Republicans instructed their voters to vote in person , while Democrats encouraged their voters to use vote-by-mail .
@ @ @ @ @ @ @ enormous lead in Pennsylvania , that has been whittled away as the overwhelmingly Democratic mail-in ballots are added to the count .
In states like Ohio and Texas , vote-by-mail ballots were counted first , giving the illusion that Democrats were doing better in those states , but Trump eventually caught up and prevailed in both .
The president also mentioned Arizona , where he asked for the count to continue due to his need to make up ground .
Such a request was inconsistent with his request to have the counts stopped @ @ @ @ @ @ @ Trump ’ s attacks on the integrity of the election have not been taken up by his fellow Republicans , who have either directly or indirectly rebuked his claims or remained silent .
“ Counting absentee ballots is not fraud , ” said CNN contributor Rick Santorum , a staunch Republican , on the network after the speech .
He went on to emotionally condemn Trump ’ s speech in no uncertain terms .
Trump ’ s appearance on Thursday contrasted sharply with Biden ’ s , who gave a brief but confident @ @ @ @ @ @ @ continue to feel very good about where things stand , ” Biden said on Thursday afternoon .
Biden talked about the need for patience and calm as the process played out .
“ The vote is sacred , ” Biden said .
“ It ’ s how the people of this nation express their will.
” Trump ’ s attacks on the current process have attracted poor reviews among pundits , with many saying it is a low point for the American presidency .
But the speech may ultimately exemplify why Trump is @ @ @ @ @ @ @ Despite inheriting a robust economy and enjoying zealous support in many parts of the nation , his propensity to false statements and a seeming willingness to degrade American institutions if it serves his own personal needs has been troubling to many — perhaps most importantly , the over 73 million Americans who voted for Biden , the most votes cast for a single candidate in U.S. history .
Trump talked about how the GOP retained the Senate and fared far better in several House races than anticipated .
The contrast with how the @ @ @ @ @ @ @ underperformed generic Republicans during this cycle .
It ’ s fair to wonder if performances of the type the nation witnessed Thursday evening is a significant factor .

President Donald Trump, confronted with his dwindling chances of retaining the White House, launched an evidence-free tirade against the integrity of the Democratic process Thursday evening.
(CN) — President Donald Trump, confronted with his dwindling chances of retaining the White House, launched an evidence-free tirade against the integrity of the Democratic process Thursday evening.
“Officials overseeing the count in Pennsylvania and other states are all part of a corrupt Democratic regime,” Trump said from the briefing room at the White House. He said Philadelphia and Detroit were Democratic-run cities and — as a result — untrustworthy.
The speech came off as a feeble attempt to try and turn the tide of what looks like an inevitable win for Democrat Joe Biden, who is on the cusp of overtaking Trump’s lead in Pennsylvania and Georgia and winning the necessary electoral votes to claim victory.
Trump sounded hoarse and subdued as he listed a litany of grievances that included the mail-in ballot process.
"It makes people corrupt even if they aren’t corrupt by nature,” Trump said of the process, which has been utilized by several states long before the coronavirus pandemic forced the nation to get on board.
He also complained that poll watchers were ejected from counting rooms in Pennsylvania or were barred access.
“They seem to be able to find the ballots,” Trump said.
The voting process this year is unusual due to the coronavirus.
There is a massive number of mail-in ballots as states attempted to give voters a safer means of casting their votes. In places like Michigan, Wisconsin and Pennsylvania, mail-in ballots were not allowed to be counted until after the polls closed.
Republicans instructed their voters to vote in person, while Democrats encouraged their voters to use vote-by-mail. So while Trump got out to an enormous lead in Pennsylvania, that has been whittled away as the overwhelmingly Democratic mail-in ballots are added to the count.
In states like Ohio and Texas, vote-by-mail ballots were counted first, giving the illusion that Democrats were doing better in those states, but Trump eventually caught up and prevailed in both.
The president also mentioned Arizona, where he asked for the count to continue due to his need to make up ground. Such a request was inconsistent with his request to have the counts stopped in states where he is ahead.
Trump’s attacks on the integrity of the election have not been taken up by his fellow Republicans, who have either directly or indirectly rebuked his claims or remained silent.
“Counting absentee ballots is not fraud,” said CNN contributor Rick Santorum, a staunch Republican, on the network after the speech. He went on to emotionally condemn Trump’s speech in no uncertain terms.
Trump’s appearance on Thursday contrasted sharply with Biden’s, who gave a brief but confident speech on Thursday afternoon.
“We continue to feel very good about where things stand,” Biden said on Thursday afternoon.
Biden talked about the need for patience and calm as the process played out.
“The vote is sacred,” Biden said. “It’s how the people of this nation express their will.”
Trump’s attacks on the current process have attracted poor reviews among pundits, with many saying it is a low point for the American presidency.
But the speech may ultimately exemplify why Trump is about to be shown the door. Despite inheriting a robust economy and enjoying zealous support in many parts of the nation, his propensity to false statements and a seeming willingness to degrade American institutions if it serves his own personal needs has been troubling to many — perhaps most importantly, the over 73 million Americans who voted for Biden, the most votes cast for a single candidate in U.S. history.
Trump talked about how the GOP retained the Senate and fared far better in several House races than anticipated. The contrast with how the president has performed may indicate Trump has underperformed generic Republicans during this cycle.
It’s fair to wonder if performances of the type the nation witnessed Thursday evening is a significant factor.


courthousenews--2020-11-06--Oregon Voters Back Bid to Decriminalize Hard Drugs

PORTLAND , Ore. ( CN ) — People caught with small amounts of hard drugs in Oregon will now have access to addiction assessments and treatment .
If they take that route , the $ 100 fine they face will be waived — a step advocates say reclassifies addiction as a public health issue , not a criminal offense .
Voters in Oregon passed Measure 110 on Tuesday , which decriminalizes the possession of a user-amount of hard drugs .
Drugs like cocaine , heroin , oxycodone and methamphetamine remain illegal , and manufacturing and selling them will still land @ @ @ @ @ @ @ of a small amount will be downgraded to a violation — the same category as a speeding ticket .
Instead of potential jail time and probation , people caught with hard drugs will get a $ 100 fine , which is waived if they agree to a drug abuse assessment and potential treatment .
Oregon has among the highest rates of addiction to alcohol , cocaine , pain relievers and methamphetamine , and ranks third nationally among states where people can ’ t access the drug and alcohol abuse treatment they need according @ @ @ @ @ @ @ Criminal Justice Commission .
“ We need to stop criminalizing people for what is fundamentally a health issue , ” said Theshia Naidoo , managing director of legal affairs at Drug Policy Alliance , a New York-based group that helped local advocates strategize and fund Measure 110 .
Naidoo said mandating drug treatment as part of a court-ordered plan doesn ’ t work for one crucial reason : true recovery has to be voluntary .
It also saddles people who are already struggling with addiction with a criminal record .
“ We can @ @ @ @ @ @ @ this problem , ” Naidoo said .
“ We need to build the appropriate health structure so people can access care directly without the heavy-handed gatekeeper of the criminal justice system.
” The new law will use $ 57 million in state cannabis tax revenue to fund addiction recovery centers around the state , where people can access around-the-clock assessment and treatment for drug addiction disorder .
Some of that money currently goes to schools , so legislators will likely need to replace that with money from the Oregon ’ s general fund @ @ @ @ @ @ @ to save the state money .
The Oregon Criminal Justice Commission found that , under the new law , convictions for drug possession would drop by 93 % , to fewer than 400 per year .
And that would add up to a big savings — over $ 24 million that Oregon wouldn ’ t have to spend in the next two-year budget alone .
Decriminalization is part of the idea of harm reduction : a strategy that came out of work in the 1980s to prevent the spread of HIV .
Harm @ @ @ @ @ @ @ , naloxone distribution and HIV and hepatitis-C testing , without conditioning those services on drug abstinence .
“ It ’ s not necessarily that the goal is that people stop using drugs — if that ’ s not realistic or what they want , ” says Haven Wheelock , a harm reduction specialist at Outside In , a Portland clinic geared toward homeless youth .
“ Philosophically , it comes from the idea that everyone , including people who use drugs , deserves dignity .
It ’ s really about autonomy and making @ @ @ @ @ @ @ , healthy and not dead.
” Wheelock coordinates the needle exchange program at Outside In .
She was one of the petitioners who brought Measure 110 to the ballot .
Oregon is one of 19 states that allows citizen initiatives , where getting enough voter signatures on a petition can qualify that initiative for a general vote .
“ For the folks I ’ m working with , the fear of arrest plays into their lives constantly , ” Wheelock says .
“ That prevents them from seeking treatment and health care .
@ @ @ @ @ @ @ someone is overdosing .
Because just the act of them trying to survive means they ’ re breaking the law.
” The measure passed despite opposition from the Oregon District Attorney ’ s Association , which called it “ reckless ” in a press release .
But that ’ s not the position held by the top state prosecutor in charge of the Oregon ’ s most populous county , where Portland is .
Multnomah County District Attorney Mike Schmidt was a supporter of Measure 110 from day one .
“ I ’ @ @ @ @ @ @ @ ” Schmidt said .
“ I remember all the propaganda about , ‘ This is your brain on drugs , ’ with the egg in the pan .
I think that was really seared into all our minds — that abstinence was the only way and we needed to shame people out of their addiction , deter them with criminal punishment .
But this shows people ’ s minds are changing.
” Schmidt said criminalizing addiction had backfired , causing people to lie to their families and their doctors instead of seeking the @ @ @ @ @ @ @ would be that we stop stigmatizing addiction as a moral failure and treat it like the health issue that it is , ” Schmidt said .
Advocates hope Measure 110 will sound the first click of a domino effect — like the wave of legalization of medical and recreational use of marijuana .
There too Oregon was ahead of the pack , with the 1973 decriminalization of the possession of small amounts of marijuana .
“ This measure is not going to fix everything overnight , ” Wheelock said .
“ And it @ @ @ @ @ @ @ through the work of getting this passed , we have brought so many different groups together who care about addiction issues to tell the Legislature that we need change .
So I ’ m super hopeful about what comes next .
”

People caught with small amounts of hard drugs in Oregon will now have access to addiction assessments and treatment. If they take that route, the $100 fine they face will be waived — a step advocates say reclassifies addiction as a public health issue, not a criminal offense.
PORTLAND, Ore. (CN) — People caught with small amounts of hard drugs in Oregon will now have access to addiction assessments and treatment. If they take that route, the $100 fine they face will be waived — a step advocates say reclassifies addiction as a public health issue, not a criminal offense.
Voters in Oregon passed Measure 110 on Tuesday, which decriminalizes the possession of a user-amount of hard drugs. Drugs like cocaine, heroin, oxycodone and methamphetamine remain illegal, and manufacturing and selling them will still land you in jail. But simple possession of a small amount will be downgraded to a violation — the same category as a speeding ticket. Instead of potential jail time and probation, people caught with hard drugs will get a $100 fine, which is waived if they agree to a drug abuse assessment and potential treatment.
Oregon has among the highest rates of addiction to alcohol, cocaine, pain relievers and methamphetamine, and ranks third nationally among states where people can’t access the drug and alcohol abuse treatment they need according to a 2019 analysis by the Oregon Criminal Justice Commission.
“We need to stop criminalizing people for what is fundamentally a health issue,” said Theshia Naidoo, managing director of legal affairs at Drug Policy Alliance, a New York-based group that helped local advocates strategize and fund Measure 110.
Naidoo said mandating drug treatment as part of a court-ordered plan doesn’t work for one crucial reason: true recovery has to be voluntary. It also saddles people who are already struggling with addiction with a criminal record.
“We can’t arrest our way out of this problem,” Naidoo said. “We need to build the appropriate health structure so people can access care directly without the heavy-handed gatekeeper of the criminal justice system.”
The new law will use $57 million in state cannabis tax revenue to fund addiction recovery centers around the state, where people can access around-the-clock assessment and treatment for drug addiction disorder. Some of that money currently goes to schools, so legislators will likely need to replace that with money from the Oregon’s general fund.
But the measure is also likely to save the state money.
The Oregon Criminal Justice Commission found that, under the new law, convictions for drug possession would drop by 93%, to fewer than 400 per year. And that would add up to a big savings — over $24 million that Oregon wouldn’t have to spend in the next two-year budget alone.
Decriminalization is part of the idea of harm reduction: a strategy that came out of work in the 1980s to prevent the spread of HIV. Harm reduction prioritizes safety measures like needle exchanges, naloxone distribution and HIV and hepatitis-C testing, without conditioning those services on drug abstinence.
“It’s not necessarily that the goal is that people stop using drugs — if that’s not realistic or what they want,” says Haven Wheelock, a harm reduction specialist at Outside In, a Portland clinic geared toward homeless youth. “Philosophically, it comes from the idea that everyone, including people who use drugs, deserves dignity. It’s really about autonomy and making sure people have tools to stay happy, healthy and not dead.”
Wheelock coordinates the needle exchange program at Outside In. She was one of the petitioners who brought Measure 110 to the ballot. Oregon is one of 19 states that allows citizen initiatives, where getting enough voter signatures on a petition can qualify that initiative for a general vote.
“For the folks I’m working with, the fear of arrest plays into their lives constantly,” Wheelock says. “That prevents them from seeking treatment and health care. It prevents them from seeking help when someone is overdosing. Because just the act of them trying to survive means they’re breaking the law.”
The measure passed despite opposition from the Oregon District Attorney’s Association, which called it “reckless” in a press release.
But that’s not the position held by the top state prosecutor in charge of the Oregon’s most populous county, where Portland is. Multnomah County District Attorney Mike Schmidt was a supporter of Measure 110 from day one.
“I’m a child of the 1980s,” Schmidt said. “I remember all the propaganda about, ‘This is your brain on drugs,’ with the egg in the pan. I think that was really seared into all our minds — that abstinence was the only way and we needed to shame people out of their addiction, deter them with criminal punishment. But this shows people’s minds are changing.”
Schmidt said criminalizing addiction had backfired, causing people to lie to their families and their doctors instead of seeking the help they need.
“My hope would be that we stop stigmatizing addiction as a moral failure and treat it like the health issue that it is,” Schmidt said.
Advocates hope Measure 110 will sound the first click of a domino effect — like the wave of legalization of medical and recreational use of marijuana. There too Oregon was ahead of the pack, with the 1973 decriminalization of the possession of small amounts of marijuana.
“This measure is not going to fix everything overnight,” Wheelock said. “And it is a huge first step. And through the work of getting this passed, we have brought so many different groups together who care about addiction issues to tell the Legislature that we need change. So I’m super hopeful about what comes next.”


courthousenews--2020-11-06--VA Must Pay Retroactive Benefits to Blue Water Vietnam Vets

SAN FRANCISCO ( CN ) — The U.S. Veterans Administration must honor the terms of a 1991 settlement and pay retroactive benefits to thousands of Navy veterans who served on ships off Vietnam ’ s coast for Agent Orange-related health problems , a federal judge ruled Thursday .
“ It makes a huge difference to veterans and their families , ” plaintiffs ’ attorney Stephen Kinnaird of the firm Paul Hastings said in a phone interview .
The VA had argued that despite a recent law and court ruling entitling so-called Blue Water Navy vets to benefits , it never @ @ @ @ @ @ @ it signed three decades ago .
In that consent decree , the VA vowed to automatically reconsider past denials of benefits for conditions that it later found were tied to Agent Orange and to grant retroactive benefits .
Used ubiquitously by the U.S. military to clear forested areas in Vietnam , the toxic contaminant dioxin in Agent Orange has been linked to a slew of health problems , including leukemia , lymphoma , throat cancer and many other diseases .
A few months before the consent decree was signed in 1991 , Congress @ @ @ @ @ @ @ requires the VA to assume all veterans who “ served in the Republic of Vietnam ” from 1962 to 1975 were exposed to Agent Orange .
On Thursday , U.S. District Judge William Alsup rejected arguments that the settlement was never meant to include Blue Water Vietnam Navy vets who served on ships in Vietnam ’ s territorial waters but never set foot on the country ’ s soil or entered its inland waterways .
“ The objective and reasonable intent of the consent decree was to require automatic readjudications for all persons @ @ @ @ @ @ @ ” Alsup wrote in a 10-page ruling .
From 1991 to 2002 , the VA awarded retroactive benefits to Blue Water veterans under the terms of the consent decree .
At that time , the VA used a Vietnam War service medal as the basis for assuming Agent Orange exposure .
In 2002 , the VA changed its policy and instead started looking at whether each veteran had served on land or on inland waterways in Vietnam .
During a hearing last week , Alsup asked how the government could get around its @ @ @ @ @ @ @ Water vets .
A Justice Department lawyer replied those benefits decisions were based on “ internal guidance to VA adjudicators , ” not a policy that was binding on the agency .
On Thursday , the judge deemed the inclusion of Blue Water vets in the settlement for 11 years as strong evidence of what was intended .
“ This practical construction of the agreement torpedoes the agency ’ s later change of heart , ” Alsup wrote .
This is the fourth time veterans filed a motion to enforce the consent decree @ @ @ @ @ @ @ , and when the VA appealed two of those three decisions , the Ninth Circuit upheld the rulings each time .
“ What is difficult for us to comprehend is why the Department of Veteran Affairs , having entered into a settlement agreement and agreed to a consent order some 16 years ago , continues to resist its implementation so vigorously , as well as to resist equally vigorously the payment of desperately needed benefits to Vietnam war veterans who fought for their country and suffered grievous injury as a result of our @ @ @ @ @ @ @ the late U.S .
Circuit Judge Stephen Reinhardt wrote for a three-judge panel in the Ninth Circuit ’ s most recent 2007 decision enforcing the settlement .
Prior to 2019 , a series of court rulings found Blue Water vets were not entitled to a presumption of Agent Orange exposure under the Agent Orange Act .
That changed last year when an en banc Federal Circuit panel ruled in Procopio v. Wilkie that excluding Blue Water veterans would violate the plain meaning of the 1991 statute , overriding its prior 2008 decision that @ @ @ @ @ @ @ of the law .
After the Procopio decision , Congress passed the Blue Water Navy Vietnam Veterans Act of 2019 , which entitles Blue Water vets to retroactive benefits , but only if they file a new claim .
After that law was passed , the VA sent over 77,000 letters to Blue Water vets and their surviving family , received 63,800 claims , issued decisions on nearly 29,000 and granted 20,690 , or 71 % , of the decided claims .
The VA has paid out $ 583.8 million in retroactive benefits @ @ @ @ @ @ @ , according to the department .
Judge Alsup ’ s decision will ensure that Blue Water vets who had Agent Orange claims denied in the past will have those claims automatically reviewed without having to file a new claim .
The settlement also covers surviving children and estates of deceased veterans , unlike the law passed by Congress last year .
Kinnaird said this will entitle thousands of veterans and their families to tens of millions of dollars , or potentially over $ 100 million , who would not otherwise have received those @ @ @ @ @ @ @ people who for whatever reason aren ’ t aware of the Blue Water Navy [ Vietnam Veterans ] Act or because of various struggles aren ’ t filing new claims , ” the attorney said .
“ The VA has to go back automatically and readjudicate.
” Alsup ordered the VA to submit a report in four months on how many claims it will reconsider and a follow-up report in eight months on how much it paid in benefits for those claims .
Justice Department lawyer Michael Andrew Zee , who represents the @ @ @ @ @ @ @ Veterans Affairs did not immediately respond to emails seeking comment Thursday .

The U.S. Veterans Administration must honor the terms of a 1991 settlement and pay retroactive benefits to thousands of Navy veterans who served on ships off Vietnam’s coast for Agent Orange-related health problems, a federal judge ruled Thursday.
SAN FRANCISCO (CN) — The U.S. Veterans Administration must honor the terms of a 1991 settlement and pay retroactive benefits to thousands of Navy veterans who served on ships off Vietnam’s coast for Agent Orange-related health problems, a federal judge ruled Thursday.
“It makes a huge difference to veterans and their families,” plaintiffs’ attorney Stephen Kinnaird of the firm Paul Hastings said in a phone interview.
The VA had argued that despite a recent law and court ruling entitling so-called Blue Water Navy vets to benefits, it never intended to include them in a deal it signed three decades ago. In that consent decree, the VA vowed to automatically reconsider past denials of benefits for conditions that it later found were tied to Agent Orange and to grant retroactive benefits.
Used ubiquitously by the U.S. military to clear forested areas in Vietnam, the toxic contaminant dioxin in Agent Orange has been linked to a slew of health problems, including leukemia, lymphoma, throat cancer and many other diseases.
A few months before the consent decree was signed in 1991, Congress passed the Agent Orange Act, which requires the VA to assume all veterans who “served in the Republic of Vietnam” from 1962 to 1975 were exposed to Agent Orange.
On Thursday, U.S. District Judge William Alsup rejected arguments that the settlement was never meant to include Blue Water Vietnam Navy vets who served on ships in Vietnam’s territorial waters but never set foot on the country’s soil or entered its inland waterways.
“The objective and reasonable intent of the consent decree was to require automatic readjudications for all persons entitled to benefits under the Acts,” Alsup wrote in a 10-page ruling.
From 1991 to 2002, the VA awarded retroactive benefits to Blue Water veterans under the terms of the consent decree. At that time, the VA used a Vietnam War service medal as the basis for assuming Agent Orange exposure.
In 2002, the VA changed its policy and instead started looking at whether each veteran had served on land or on inland waterways in Vietnam.
During a hearing last week, Alsup asked how the government could get around its prior decision to award benefits to Blue Water vets. A Justice Department lawyer replied those benefits decisions were based on “internal guidance to VA adjudicators,” not a policy that was binding on the agency.
On Thursday, the judge deemed the inclusion of Blue Water vets in the settlement for 11 years as strong evidence of what was intended.
“This practical construction of the agreement torpedoes the agency’s later change of heart,” Alsup wrote.
This is the fourth time veterans filed a motion to enforce the consent decree. The court granted relief each time, and when the VA appealed two of those three decisions, the Ninth Circuit upheld the rulings each time.
“What is difficult for us to comprehend is why the Department of Veteran Affairs, having entered into a settlement agreement and agreed to a consent order some 16 years ago, continues to resist its implementation so vigorously, as well as to resist equally vigorously the payment of desperately needed benefits to Vietnam war veterans who fought for their country and suffered grievous injury as a result of our government’s own conduct,” the late U.S. Circuit Judge Stephen Reinhardt wrote for a three-judge panel in the Ninth Circuit’s most recent 2007 decision enforcing the settlement.
Prior to 2019, a series of court rulings found Blue Water vets were not entitled to a presumption of Agent Orange exposure under the Agent Orange Act. That changed last year when an en banc Federal Circuit panel ruled in Procopio v. Wilkie that excluding Blue Water veterans would violate the plain meaning of the 1991 statute, overriding its prior 2008 decision that deferred to the VA’s interpretation of the law.
After the Procopio decision, Congress passed the Blue Water Navy Vietnam Veterans Act of 2019, which entitles Blue Water vets to retroactive benefits, but only if they file a new claim.
After that law was passed, the VA sent over 77,000 letters to Blue Water vets and their surviving family, received 63,800 claims, issued decisions on nearly 29,000 and granted 20,690, or 71%, of the decided claims. The VA has paid out $583.8 million in retroactive benefits to Blue Water vets as of August, according to the department.
Judge Alsup’s decision will ensure that Blue Water vets who had Agent Orange claims denied in the past will have those claims automatically reviewed without having to file a new claim. The settlement also covers surviving children and estates of deceased veterans, unlike the law passed by Congress last year.
Kinnaird said this will entitle thousands of veterans and their families to tens of millions of dollars, or potentially over $100 million, who would not otherwise have received those benefits.
“There are lot of people who for whatever reason aren’t aware of the Blue Water Navy [Vietnam Veterans] Act or because of various struggles aren’t filing new claims,” the attorney said. “The VA has to go back automatically and readjudicate.”
Alsup ordered the VA to submit a report in four months on how many claims it will reconsider and a follow-up report in eight months on how much it paid in benefits for those claims.
Justice Department lawyer Michael Andrew Zee, who represents the VA, and the U.S. Department of Veterans Affairs did not immediately respond to emails seeking comment Thursday.


Not Your Strega

LOS ANGELES — An airplane racer accuses video game makers Ubisoft and Ivory Tower of letting users fly the plaintiff @ @ @ @ @ in their game “ The Crew , ” and even gave the plane the same @ @ @ @ @ s — “ Strega .
”

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.


Capote’s ‘Tiffany’s’

LOS ANGELES — The estate of author Truman Capote sued Paramount Pictures seeking a judicial determination that the estate owns @ @ @ @ @ s novel “ Breakfast at Tiffany ’ s , ” which Paramount made into the @ @ @ @ @ any potential remake Paramount has planned .


Visa-Plaid Deal

OAKLAND , Calif. — The Justice Department sued to block Visa ’ s $ 5.3 billion plan to buy financial @ @ @ @ @ the feds say would give Visa the power to raise prices , build barriers for @ @ @ @ @ and reduce innovation .


courthousenews--2020-11-05--California Courts Covid Update

California Courts Covid Update

Nov. 2 , 2020 : Update , Truckee returns to normal operations as of Nov. 3 Nov. 3 , 2020 @ @ @ @ @ clerk ’ s office and self-help legal center Nov. 5 , 2020 : Dates for @ @ @ @ @ due to budget shortfalls caused by the pandemic are Nov. 18 and Nov. 25 .


courthousenews--2020-11-05--Judge Tosses Defamation Suit by Brother of Bezos Girlfriend

LOS ANGELES ( CN ) — Amazon chief Jeff Bezos beat a defamation lawsuit filed against him by his girlfriend ’ s brother , who is cited in multiple news stories as the source of leaked text messages sold to the National Enquirer .
Los Angeles County Superior Court Judge John Doyle threw out Michael Sanchez ’ s defamation claim against Bezos on Thursday , finding it flecked with hearsay .
The episode surrounding the case came to the public ’ s attention in February 2019 , when Bezos acknowledged he was the target of a blackmail scheme over his @ @ @ @ @ @ @ In a blog post , Bezos claimed the National Enquirer ’ s publisher American Media attempted to extort him before publication of a story detailing the affair and included personal text messages from Lauren Sanchez ’ phone .
Bezos said he and his head of security , Gavin De Becker , were told by American Media they shouldn ’ t try and figure how the tabloid received the leaked information .
But multiple news stories later reported Michael Sanchez was the source of the leak and had received $ 200,000 for taking the @ @ @ @ @ @ @ phone .
But Michael Sanchez later claimed Bezos and De Becker had been the source of baseless claims to journalists about nude photos that were obtained by the National Enquirer .
While the tabloid never published the nude images , Michael Sanchez sued Bezos in LA County Superior Court on claims of defamation and intentional infliction of emotional distress .
He accused Bezos of saying he leaked nude photos of Bezos and his sister and shopped around a story about an affair that Bezos ’ brother Mark was having .
In his complaint @ @ @ @ @ @ @ leak as part of a conservative conspiracy with high-profile political operatives like Carter Page , Roger Stone and the Saudi Arabian government .
Bezos countered with an anti-SLAPP motion , calling Michael Sanchez ’ lawsuit a form of extortion and a threat to speech protected under the First Amendment .
On Thursday , Doyle granted Bezos ’ motion in a tentative ruling , finding Michael Sanchez ’ s claim was based in part on hearsay .
“ Here , there is no admissible evidence that defendants published the subject statements , ” Doyle @ @ @ @ @ @ @ merely discusses what he was told by reporters , which is inadmissible hearsay.
” Michael Sanchez argued the statements in his declaration are not hearsay “ because they are not being used to prove the truth of the matter asserted , ” Doyle wrote , adding Michael Sanchez in his declaration “ could not distinguish between the use of hearsay to demonstrate that words were uttered , and the use of hearsay to identify the publisher .
The former does not relate to the truth of the statements while the latter does.
” @ @ @ @ @ @ @ on what he was told by reporters amounts to hearsay “ because they relate to out-of-court statements that are being used to prove the truth of the matter asserted — specifically that defendants published the subject statements.
” In court filings , Bezos argued Michael Sanchez ’ s lawsuit would punish speech and reporting about matters of public interest and any type of relationship between the press and sources .
Bezos and De Becker claim they were not the source of who leaked the information to the National Enquirer but the statements about @ @ @ @ @ @ @ he looked at the statements and the asserted public interest and whether the statements contributed to the public debate .
“ We are not concerned with the social utility of the speech at issue , or the degree to which it propelled the conversation in any particular direction ; rather , we examine whether a defendant — through public or private speech or conduct — participated in , or furthered , the discourse that makes an issue one of public interest , ” wrote Doyle .
“ In any case , there is @ @ @ @ @ @ @ issue of public interest as there was widespread media coverage relating to Jeffrey Bezos ’ extramarital affair and the source which leaked the affair to the media , ” Doyle continued .
Statements about the leaks that “ furthered the discourse ” around who was the source of the photos are protected and meet the burden under anti-SLAPP , Doyle found .
During a court hearing , Sanchez ’ s attorney Thomas Warren from Warren Terzian said everything in a declaration could be considered hearsay , and just because his client ’ s @ @ @ @ @ @ @ lawsuit should be tossed .
“ You can not just make something up to survive an anti-SLAPP motion , ” said Warren .
Doyle said at this point the law is calculated to look at the state of the case and does not permit a case to continue if it ’ s flawed .
“ I ’ m satisfied we ’ re at where we should be , ” Doyle said .
“ This didn ’ t come as a surprise to anybody.
” In a statement , Bezos ’ attorney William Isaacson @ @ @ @ @ @ @ My clients are pleased the judge has thrown out the baseless case filed by Michael Sanchez .
When it comes to frivolous lawsuits seeking money or attention , the law is clear — and the law worked .
Journalists will surely take the court ’ s ruling into account when considering Michael Sanchez as a source.
” Warren said he and his client “ respectfully disagree ” with Doyle ’ s ruling and “ look forward to vindicating Mr. Sanchez ’ s claims on appeal .
”

Amazon chief Jeff Bezos beat a defamation lawsuit filed against him by his girlfriend’s brother, who is cited in multiple news stories as the source of leaked text messages sold to the National Enquirer.
LOS ANGELES (CN) — Amazon chief Jeff Bezos beat a defamation lawsuit filed against him by his girlfriend’s brother, who is cited in multiple news stories as the source of leaked text messages sold to the National Enquirer.
Los Angeles County Superior Court Judge John Doyle threw out Michael Sanchez’s defamation claim against Bezos on Thursday, finding it flecked with hearsay.
The episode surrounding the case came to the public’s attention in February 2019, when Bezos acknowledged he was the target of a blackmail scheme over his affair with news reporter Lauren Sanchez.
In a blog post, Bezos claimed the National Enquirer’s publisher American Media attempted to extort him before publication of a story detailing the affair and included personal text messages from Lauren Sanchez’ phone.
Bezos said he and his head of security, Gavin De Becker, were told by American Media they shouldn’t try and figure how the tabloid received the leaked information. But multiple news stories later reported Michael Sanchez was the source of the leak and had received $200,000 for taking the information from his younger sister’s phone.
But Michael Sanchez later claimed Bezos and De Becker had been the source of baseless claims to journalists about nude photos that were obtained by the National Enquirer.
While the tabloid never published the nude images, Michael Sanchez sued Bezos in LA County Superior Court on claims of defamation and intentional infliction of emotional distress. He accused Bezos of saying he leaked nude photos of Bezos and his sister and shopped around a story about an affair that Bezos’ brother Mark was having.
In his complaint, Michael Sanchez said Bezos painted the leak as part of a conservative conspiracy with high-profile political operatives like Carter Page, Roger Stone and the Saudi Arabian government.
Bezos countered with an anti-SLAPP motion, calling Michael Sanchez’ lawsuit a form of extortion and a threat to speech protected under the First Amendment.
On Thursday, Doyle granted Bezos’ motion in a tentative ruling, finding Michael Sanchez’s claim was based in part on hearsay.
“Here, there is no admissible evidence that defendants published the subject statements,” Doyle wrote. “Plaintiff’s declaration merely discusses what he was told by reporters, which is inadmissible hearsay.”
Michael Sanchez argued the statements in his declaration are not hearsay “because they are not being used to prove the truth of the matter asserted,” Doyle wrote, adding Michael Sanchez in his declaration “could not distinguish between the use of hearsay to demonstrate that words were uttered, and the use of hearsay to identify the publisher. The former does not relate to the truth of the statements while the latter does.”
Doyle said Michael Sanchez’s reliance on what he was told by reporters amounts to hearsay “because they relate to out-of-court statements that are being used to prove the truth of the matter asserted — specifically that defendants published the subject statements.”
In court filings, Bezos argued Michael Sanchez’s lawsuit would punish speech and reporting about matters of public interest and any type of relationship between the press and sources.
Bezos and De Becker claim they were not the source of who leaked the information to the National Enquirer but the statements about the leaks were true.
Doyle said he looked at the statements and the asserted public interest and whether the statements contributed to the public debate.
“We are not concerned with the social utility of the speech at issue, or the degree to which it propelled the conversation in any particular direction; rather, we examine whether a defendant — through public or private speech or conduct — participated in, or furthered, the discourse that makes an issue one of public interest,” wrote Doyle.
“In any case, there is evidence the subject statements relate to an issue of public interest as there was widespread media coverage relating to Jeffrey Bezos’ extramarital affair and the source which leaked the affair to the media,” Doyle continued.
Statements about the leaks that “furthered the discourse” around who was the source of the photos are protected and meet the burden under anti-SLAPP, Doyle found.
During a court hearing, Sanchez’s attorney Thomas Warren from Warren Terzian said everything in a declaration could be considered hearsay, and just because his client’s declaration contained hearsay does not mean the lawsuit should be tossed.
“You cannot just make something up to survive an anti-SLAPP motion,” said Warren.
Doyle said at this point the law is calculated to look at the state of the case and does not permit a case to continue if it’s flawed.
“I’m satisfied we’re at where we should be,” Doyle said. “This didn’t come as a surprise to anybody.”
In a statement, Bezos’ attorney William Isaacson from Boies Schiller Flexner said, “My clients are pleased the judge has thrown out the baseless case filed by Michael Sanchez. When it comes to frivolous lawsuits seeking money or attention, the law is clear — and the law worked. Journalists will surely take the court's ruling into account when considering Michael Sanchez as a source.”
Warren said he and his client “respectfully disagree” with Doyle’s ruling and “look forward to vindicating Mr. Sanchez’s claims on appeal.”


courthousenews--2020-11-05--Markets Surge With Hope for a Political Snoozefest Under Biden

Investors kept rallying Thursday on the prospect of a Biden presidency , largely ignoring economic indicators that point to a slowing recovery .
MANHATTAN ( CN ) — The election count continues .
So does Wall Street ’ s rally , as markets are poised for one of the best election weeks in decades .
The Dow Jones Industrial Average gained 542 points , nearly a 2 % increase .
The Nasdaq shot past the other indices , gaining 2.65 % , while the S & P 500 rose by about 2 % .
As with the last few days @ @ @ @ @ @ @ .
The Dow jumped up more than 400 points in the first few minutes of morning trading , a 1.5 % increase , while the S & P 500 and Nasdaq outpaced it slightly .
Abroad , the rally continued .
In Asia , the Hang Seng market in Hong Kong netted 3.2 % , while South Korea ’ s index gained 2.4 % .
European markets were up across the board as well , with Germany ’ s Dax leading the pack at about 2 % gained .
“ Bottom line , @ @ @ @ @ @ @ two days is likely a ‘ honeymoon ’ effect of relative certainty of the election , combined with the market ’ s historical preference for a divided government , ” Tom Essaye of the Sevens Reported wrote Thursday .
He noted that the outlook for stocks over the medium- and long-term “ remains constructive beyond politics.
” CNBC host Jim Cramer said on Thursday that Biden presidency with a Republican Senate would be “ so boring ” for the stock market — a good thing from his perspective .
“ It ’ s @ @ @ @ @ @ @ We ’ ll look at earnings per share .
We ’ ll look at how our companies are doing .
We won ’ t have to worry .
They can straddle the universe and not be called by Washington and be made fun of .
That ’ s over .
No more show trials.
” That kind of an investor ’ s paradise is more likely than not .
Joe Biden remains in the lead and appears to be closing in on the 270 electoral votes needed to win the presidency .
Meanwhile @ @ @ @ @ @ @ , even with two seats in Georgia due for a run-off in early January .
Amid mounting legal challenges from the Trump camp , and slow counting in battleground states , nothing is certain yet .
“ Perhaps the likelihood that the Senate will not flip to the Democrats gives comfort that major legislation is unlikely for the next four years , ” James Meyer of Tower Bridge Advisors wrote Wednesday .
“ That leans the economic reins in the hands of the Fed .
Investors should like that.
” In the absence @ @ @ @ @ @ @ , markets turned to the Federal Open Markets Committee , which just concluded a two-day meeting by unanimously keeping benchmark interest rates at 0 % to 0.25 % .
In a webcast press conference , Fed Chair Jerome Powell said that , while the recovery was slowing , the worst-case scenarios that the central bank had planned for would not likely come to pass .
“ Clearly the tail risks we were worried about have subsided , ” he said .
Powell noted the Fed would keep interest rates low and asset-purchasing programs @ @ @ @ @ @ @ don ’ t take anything for granted , ” Powell said .
“ We don ’ t expect that things will deteriorate , but nonetheless we have a habit of keeping things in place for a while.
” The Fed has been purchasing $ 80 billion in treasuries and $ 40 billion in mortgage-backed securities on a monthly basis since the late spring .
“ We are a long way from our goals , and we ’ re sort of halfway there on the labor recovery at best , ” Powell noted .
@ @ @ @ @ @ @ where it ’ s doing to be hard until there ’ s a vaccine.
” Abroad , central banks continue to work , as well .
The Bank of England on Thursday boosted its quantitative easing by 150 billion pounds and slashed GDP forecasts for the British economy .
While the bank kept interest rates at 0.1 % , it left open the possibility of negative rates in the future .
“ If the outlook for inflation weakens , the committee stands ready to take whatever additional action is necessary to achieve its @ @ @ @ @ @ @ noting that , like the Federal Reserve , it wants to see sustained 2 % inflation before it raises rates .
England has been ravaged by a second wave of coronavirus , which led to another round of shutdowns and all the economic fallout those entail .
“ There are signs that consumer spending has softened across a range of high-frequency indicators , while investment intentions have remained weak , ” the bank said in a statement .
Pessimism in the business community has grown slightly , with growing weariness about downside risks @ @ @ @ @ @ @ that the nascent economic recovery is already running out of steam , ” according to a survey of 142 companies by Oxford Economics .
“ In the short term , most respondents expect the initial recovery to be followed by either relatively subdued growth or a sharp weakening as the pandemic returns.
” New unemployment claims also fell by a few thousand claims for the week ending Oct. 31 to 751,000 .
Of course , total unemployment remains very high , with more than 1 million new claims in total filed last week @ @ @ @ @ @ @ The Pandemic Unemployment Assistance program saw a slight uptick in claims filed , from 359,000 the week ending Oct. 24 to 362,000 last week .
Job-postings data from Indeed released on Thursday showed that , while postings are still increasing from their valley in May , the pace of improvement has slowed and remains 14 % lower than October 2019 .
The biggest drop has been in high-wage job postings , which are 18 % lower than usual compared with low-wage postings at 9 % , Indeed Hiring Lab chief economist Jed Kolko @ @ @ @ @ @ @ and finance might plan their headcounts based on what they expect demand to look like longer-term , in future quarters or years , ” he wrote .
Earnings were relatively quiet on Thursday , but for a few outliers .
The most notable was General Motors , which reported a 74 % year-over-year gain in net income during the third quarter , eclipsing analyst expectations .
The automaker ’ s revenue is essentially the same as in Q3 2019 , and GM said it expects its Q4 2020 earnings to pull back somewhat @ @ @ @ @ @ @ came in North America , where the automaker posted a $ 1.3 billion increase in sales compared with last year ’ s third quarter .
Sales in China also increased , growing 12 % year over year in Q3 2020 .
Other , less notable earnings reports also were positive .
Pharmaceutical company AstraZeneca posted an 8 % increase in total revenue between Q3 2019 and Q3 2020 .
The British company reported that new medicines represented 52 % of its total revenue , compared with 42 % in Q3 2019 .
AstraZeneca @ @ @ @ @ @ @ trials on its Covid-19 treatment .
The New York Times Company reported a jump in net income , from $ 16 million in Q3 2019 to $ 33 million last quarter .
The newspaper ’ s subscription base increased during that period but its advertising fell .
“ We ended the quarter with approximately 6.9 million total subscriptions , and crossed the 7 million mark in the month of October , ” CEO Meredith Kopit Levien said in a statement .
“ The news cycle certainly played a role , but as we @ @ @ @ @ @ @ , so too did the breadth of our coverage and our improving ability to mean more to more people .
”

Investors kept rallying Thursday on the prospect of a Biden presidency, largely ignoring economic indicators that point to a slowing recovery.
Investors kept rallying Thursday on the prospect of a Biden presidency, largely ignoring economic indicators that point to a slowing recovery.
People demonstrate outside the Pennsylvania State Capitol to urge that all votes be counted, Wednesday, Nov. 4, 2020, in Harrisburg, Pa., following Tuesday's election. (AP Photo/Julio Cortez)
MANHATTAN (CN) — The election count continues. So does Wall Street’s rally, as markets are poised for one of the best election weeks in decades.
The Dow Jones Industrial Average gained 542 points, nearly a 2% increase. The Nasdaq shot past the other indices, gaining 2.65%, while the S&P 500 rose by about 2%.
As with the last few days, gains began early on Wall Street. The Dow jumped up more than 400 points in the first few minutes of morning trading, a 1.5% increase, while the S&P 500 and Nasdaq outpaced it slightly.
Abroad, the rally continued. In Asia, the Hang Seng market in Hong Kong netted 3.2%, while South Korea’s index gained 2.4%. European markets were up across the board as well, with Germany’s Dax leading the pack at about 2% gained.
“Bottom line, the surge in stocks over the past two days is likely a ‘honeymoon’ effect of relative certainty of the election, combined with the market’s historical preference for a divided government,” Tom Essaye of the Sevens Reported wrote Thursday. He noted that the outlook for stocks over the medium- and long-term “remains constructive beyond politics.”
CNBC host Jim Cramer said on Thursday that Biden presidency with a Republican Senate would be “so boring” for the stock market — a good thing from his perspective. “It’s joyous,” he said. “We’ll look at earnings per share. We’ll look at how our companies are doing. We won’t have to worry. They can straddle the universe and not be called by Washington and be made fun of. That’s over. No more show trials.”
That kind of an investor’s paradise is more likely than not. Joe Biden remains in the lead and appears to be closing in on the 270 electoral votes needed to win the presidency. Meanwhile the Senate stands at a Republican majority, even with two seats in Georgia due for a run-off in early January. Amid mounting legal challenges from the Trump camp, and slow counting in battleground states, nothing is certain yet.
“Perhaps the likelihood that the Senate will not flip to the Democrats gives comfort that major legislation is unlikely for the next four years,” James Meyer of Tower Bridge Advisors wrote Wednesday. “That leans the economic reins in the hands of the Fed. Investors should like that.”
In the absence of a clear presidential winner on Thursday, markets turned to the Federal Open Markets Committee, which just concluded a two-day meeting by unanimously keeping benchmark interest rates at 0% to 0.25%.
In a webcast press conference, Fed Chair Jerome Powell said that, while the recovery was slowing, the worst-case scenarios that the central bank had planned for would not likely come to pass. “Clearly the tail risks we were worried about have subsided,” he said.
Powell noted the Fed would keep interest rates low and asset-purchasing programs running for some time. “We don’t take anything for granted,” Powell said. “We don’t expect that things will deteriorate, but nonetheless we have a habit of keeping things in place for a while.”
The Fed has been purchasing $80 billion in treasuries and $40 billion in mortgage-backed securities on a monthly basis since the late spring. “We are a long way from our goals, and we’re sort of halfway there on the labor recovery at best,” Powell noted. “There are parts of the economy where it’s going to be hard until there’s a vaccine.”
Abroad, central banks continue to work, as well. The Bank of England on Thursday boosted its quantitative easing by 150 billion pounds and slashed GDP forecasts for the British economy. While the bank kept interest rates at 0.1%, it left open the possibility of negative rates in the future.
“If the outlook for inflation weakens, the committee stands ready to take whatever additional action is necessary to achieve its remit,” the bank said, noting that, like the Federal Reserve, it wants to see sustained 2% inflation before it raises rates.
England has been ravaged by a second wave of coronavirus, which led to another round of shutdowns and all the economic fallout those entail. “There are signs that consumer spending has softened across a range of high-frequency indicators, while investment intentions have remained weak,” the bank said in a statement.
Pessimism in the business community has grown slightly, with growing weariness about downside risks in 2021.
“Businesses are worried that the nascent economic recovery is already running out of steam,” according to a survey of 142 companies by Oxford Economics. “In the short term, most respondents expect the initial recovery to be followed by either relatively subdued growth or a sharp weakening as the pandemic returns.”
New unemployment claims also fell by a few thousand claims for the week ending Oct. 31 to 751,000. Of course, total unemployment remains very high, with more than 1 million new claims in total filed last week due to new federal unemployment programs.
The Pandemic Unemployment Assistance program saw a slight uptick in claims filed, from 359,000 the week ending Oct. 24 to 362,000 last week.
Job-postings data from Indeed released on Thursday showed that, while postings are still increasing from their valley in May, the pace of improvement has slowed and remains 14% lower than October 2019.
The biggest drop has been in high-wage job postings, which are 18% lower than usual compared with low-wage postings at 9%, Indeed Hiring Lab chief economist Jed Kolko wrote. “Higher-wage industries like tech and finance might plan their headcounts based on what they expect demand to look like longer-term, in future quarters or years,” he wrote.
Earnings were relatively quiet on Thursday, but for a few outliers. The most notable was General Motors, which reported a 74% year-over-year gain in net income during the third quarter, eclipsing analyst expectations.
The automaker’s revenue is essentially the same as in Q3 2019, and GM said it expects its Q4 2020 earnings to pull back somewhat.
Most of GM’s success came in North America, where the automaker posted a $1.3 billion increase in sales compared with last year’s third quarter. Sales in China also increased, growing 12% year over year in Q3 2020.
Other, less notable earnings reports also were positive. Pharmaceutical company AstraZeneca posted an 8% increase in total revenue between Q3 2019 and Q3 2020. The British company reported that new medicines represented 52% of its total revenue, compared with 42% in Q3 2019. AstraZeneca is carrying out a third phase of trials on its Covid-19 treatment.
The New York Times Company reported a jump in net income, from $16 million in Q3 2019 to $33 million last quarter. The newspaper’s subscription base increased during that period but its advertising fell.
“We ended the quarter with approximately 6.9 million total subscriptions, and crossed the 7 million mark in the month of October,” CEO Meredith Kopit Levien said in a statement. “The news cycle certainly played a role, but as we are increasingly seeing with each passing quarter, so too did the breadth of our coverage and our improving ability to mean more to more people.”


DoorDash

SAN FRANCISCO — A Fair Labor Standards Act class action against DoorDash claiming it misclassified workers as independent contractors must @ @ @ @ @ a federal court in California ruled .


Qualified Immunity

WACO — A man may pursue part of his civil rights suit accusing police officers in Waco , Texas , @ @ @ @ @ point where he was “ bleeding profusely ” after he refused to provide his ID @ @ @ @ @ for changing lanes without signaling fast enough , a federal court in Texas ruled .
@ @ @ @ @ is required to determine whether qualified immunity is entitled .


Covid-19 Orders

SANTE FE — The New Mexico health department ’ s emergency orders temporarily restricting business operations in response to the @ @ @ @ @ the civil penalty provision of the Public Health Emergency Response Act , the state ’ @ @ @ @ @


Spousal Privilege

SANTA FE — The New Mexico Supreme Court retracted a ruling that abolished a spousal communications privilege in finding that @ @ @ @ @ in court about what their husband or wife told them in private conversations must be @ @ @ @ @ be the “ subject of comprehensive and robust public discussion , ” the court found @


BLM Protests

SAN FRANCISCO — A federal court in California denied the city of Santa Rosa ’ s attempt to dismiss a @ @ @ @ @ Amendment violations against it in a suit relating to the police department ’ s response @ @ @ @ @ .


courthousenews--2020-11-06--LA County Has an All-Woman Board of Supervisors for the First Time

LOS ANGELES ( CN ) — California State Senator Holly Mitchell is set to become the fifth member on the Los Angeles County Board of Supervisors , marking for the first time in the county an all-woman board , which will oversee roughly 10 million Angelenos .
As a county supervisor , Mitchell , 56 , will represent the city of Inglewood , Ladera Heights , the neighborhoods of Crenshaw and Watts in LA , a portion of downtown LA and other neighborhoods with predominantly Black and Latino residents .
For several years , Mitchell has already represented most of @ @ @ @ @ @ @ and a state assemblywoman .
Mitchell received support from environmental advocacy groups , police reform advocates and other progressive affiliations that bolstered her already good standing in the district she is set to represent .
“ I ’ m honored to have earned the opportunity to represent the residents of the Second Supervisorial District .
This was a community-driven campaign based on creating a more equitable , inclusive , and prosperous LA County , ” Mitchell said in a tweet .
“ Now is the time to turn our vision into action.
” @ @ @ @ @ @ @ and beat former LA City Councilman Herb Wesson .
Both candidates were vying for the seat that is held by current County Supervisor Mark Ridley-Thomas who coincidentally won a city council race to take over Wesson ’ s seat on the council .
She received endorsements from Governor Gavin Newsom , former Governor Jerry Brown , Vermont Senator Bernie Sanders , Black Lives Matter co-founder Patrisse Cullors and United Farm Workers co-founder Dolores Huerta .
Mitchell did not receive any donations from gas and oil industry groups and has advocated for oil derricks @ @ @ @ @ @ @ to be shut down .
The second supervisorial district where she ’ s set to take over later this month includes the Inglewood Oil Field .
Environmental advocacy work is just one of the many areas that have received her focus and praise .
While serving in the California Senate , Mitchell has authored numerous bills aimed at criminal justice reform , rehabilitation and progressive laws meant to ease charges against juveniles .
Those are just some of the many accomplishments Nita Watson with the nonprofit Free Indeed Reentry Project recalled looking back @ @ @ @ @ @ @ Unfortunately , we do not have , in the African American community , we do not have a lot of legislators that truly go into their offices daily to work on our behalf , ” Watson said .
“ And this lady is one of the few and it is so evident in her body of legislation.
” Mitchell also co-authored a bill that would create a task force to study and recommend reparations to Black people , particularly descendants of enslaved people .
“ Let ’ s be clear : Chattel slavery @ @ @ @ @ @ @ nation , birthed a legacy of racial harm and inequity that continues to impact the conditions of Black life in California , ” Mitchell said this August during the vote .
Recommendations on who would receive payment , who would be eligible and how much they would receive will be provided by the task force to the California Legislature by 2023 .
“ Quite frankly America owes a debt to the American descendants of chattel slavery , ” Watson said .
“ That vote was the icing on the cake for Holly ’ @ @ @ @ @ @ @ ” The slice of California the board of supervisors represents is vast and numerous quips about the board in the past describe them as five kings representing their five kingdoms .
Now it will be the five queens .
As part of the LA County board of supervisors , Mitchell will step into a governing body that oversees a $ 35 billion budget , over 80 incorporated cities and over 10 million residents .
She will join supervisors Sheila Kuehl , Hilda Solis , Kathryn Barger and Janice Hahn .
Mitchell will be @ @ @ @ @ @ @ supervisors .
Barger is a Republican .

California State Senator Holly Mitchell is set to become the fifth member on the Los Angeles County Board of Supervisors, marking for the first time in the county an all-woman board, which will oversee roughly 10 million Angelenos.
LOS ANGELES (CN) — California State Senator Holly Mitchell is set to become the fifth member on the Los Angeles County Board of Supervisors, marking for the first time in the county an all-woman board, which will oversee roughly 10 million Angelenos.
As a county supervisor, Mitchell, 56, will represent the city of Inglewood, Ladera Heights, the neighborhoods of Crenshaw and Watts in LA, a portion of downtown LA and other neighborhoods with predominantly Black and Latino residents.
For several years, Mitchell has already represented most of the area as a California state senator and a state assemblywoman.
Mitchell received support from environmental advocacy groups, police reform advocates and other progressive affiliations that bolstered her already good standing in the district she is set to represent.
“I'm honored to have earned the opportunity to represent the residents of the Second Supervisorial District. This was a community-driven campaign based on creating a more equitable, inclusive, and prosperous LA County,” Mitchell said in a tweet. “Now is the time to turn our vision into action.”
She secured 60% of the vote and beat former LA City Councilman Herb Wesson. Both candidates were vying for the seat that is held by current County Supervisor Mark Ridley-Thomas who coincidentally won a city council race to take over Wesson’s seat on the council. She received endorsements from Governor Gavin Newsom, former Governor Jerry Brown, Vermont Senator Bernie Sanders, Black Lives Matter co-founder Patrisse Cullors and United Farm Workers co-founder Dolores Huerta.
Mitchell did not receive any donations from gas and oil industry groups and has advocated for oil derricks close to homes, schools and parks to be shut down.
The second supervisorial district where she’s set to take over later this month includes the Inglewood Oil Field.
Environmental advocacy work is just one of the many areas that have received her focus and praise.
While serving in the California Senate, Mitchell has authored numerous bills aimed at criminal justice reform, rehabilitation and progressive laws meant to ease charges against juveniles.
Those are just some of the many accomplishments Nita Watson with the nonprofit Free Indeed Reentry Project recalled looking back at Mitchell’s career.
“Unfortunately, we do not have, in the African American community, we do not have a lot of legislators that truly go into their offices daily to work on our behalf,” Watson said. “And this lady is one of the few and it is so evident in her body of legislation.”
Mitchell also co-authored a bill that would create a task force to study and recommend reparations to Black people, particularly descendants of enslaved people.
“Let’s be clear: Chattel slavery, both in California and across our nation, birthed a legacy of racial harm and inequity that continues to impact the conditions of Black life in California,” Mitchell said this August during the vote.
Recommendations on who would receive payment, who would be eligible and how much they would receive will be provided by the task force to the California Legislature by 2023.
“Quite frankly America owes a debt to the American descendants of chattel slavery,” Watson said. “That vote was the icing on the cake for Holly’s work as a senator in California.”
The slice of California the board of supervisors represents is vast and numerous quips about the board in the past describe them as five kings representing their five kingdoms.
Now it will be the five queens.
As part of the LA County board of supervisors, Mitchell will step into a governing body that oversees a $35 billion budget, over 80 incorporated cities and over 10 million residents. She will join supervisors Sheila Kuehl, Hilda Solis, Kathryn Barger and Janice Hahn.
Mitchell will be the fourth Democrat on the board of supervisors. Barger is a Republican.