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German court: naked landlord doesn’t justify lower rent
Headline Topics |
2023/04/26 16:46
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A German court said Wednesday that a landlord sunbathing naked in the courtyard of his building wasn’t a reason for his tenants to reduce their rental payments.
The case involved a building in an upmarket residential district of Frankfurt, which included an office floor, rented by a human resources company. The company withheld rent because it objected, among other things, to the landlord’s naked sunbathing. In response, the landlord sued.
The Frankfurt state court rejected the company’s reasoning, finding that “the usability of the rented property was not impaired by the plaintiff sunning himself naked in the courtyard.”
It said in a statement that it couldn’t see an “inadmissible, deliberately improper effect on the property.”
Judges were ruling on an appeal against a lower court decision that went in the landlord’s favor, and the tenant had only limited success overall. They found that the tenant had been entitled to reduce rental payments for three months only because of noisy construction work in the neighborhood.
The court said that the spot where the landlord sunbathed could only be seen from the rented office by leaning far out of the window.
It also said the tenant failed to prove that he took the stairs to the courtyard unclothed. “On the contrary, the plaintiff stated credibly that he always wore a bathrobe which he only took off just before the sun lounger,” it said. |
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Appeals court halts House interview with ex-Trump prosecutor
Lawyer News |
2023/04/20 15:19
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A federal appeals court has temporarily blocked House Republicans from questioning a former Manhattan prosecutor about the criminal case against ex-President Donald Trump, the latest twist in a legal battle between Manhattan District Attorney Alvin Bragg’s office and the House Judiciary Committee.
The 2nd U.S. Circuit Court of Appeals issued an administrative stay late Wednesday, hours after a lower court judge ruled there was no legal basis to block the Judiciary Committee’s subpoena to former prosecutor Mark Pomerantz. Committee chair Rep. Jim Jordan, an Ohio Republican, had sought to question him Thursday.
In issuing the stay, Judge Beth Robinson noted that her order “reflects no judgment regarding the merits” of the case. A three-judge panel will ultimately weigh whether to uphold or overturn the lower-court’s decision. Robinson, a Biden appointee, set an aggressive briefing schedule, ordering Bragg’s office to file court papers detailing its appeal by Friday and for the Judiciary Committee to submit its response by Saturday.
Bragg’s office appealed to the 2nd Circuit hours after U.S. District Judge Mary Kay Vyskocil rejected his request for a temporary restraining order, ruling Wednesday that Jordan had a valid legislative purpose in issuing the subpoena. |
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Supreme Court asked to preserve abortion pill access rules
Network News |
2023/04/14 18:03
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The Biden administration and a drug manufacturer asked the Supreme Court on Friday to preserve access to an abortion drug free from restrictions imposed by lower court rulings, while a legal fight continues.
The Justice Department and Danco Laboratories both warned of “regulatory chaos” and harm to women if the high court doesn’t block an appeals court ruling in a case from Texas that had the effect of tightening Food and Drug Administration rules under which the drug, mifepristone, can be prescribed and dispensed.
The new limits would take effect Saturday unless the court acts before then.
“This application concerns unprecedented lower court orders countermanding FDA’s scientific judgment and unleashing regulatory chaos by suspending the existing FDA-approved conditions of use for mifepristone,” Solicitor General Elizabeth Prelogar, the Biden administration’s top Supreme Court lawyer, wrote Friday, less than two days after the appellate ruling.
A lawyer for the anti-abortion doctors and medical organizations suing over mifepristone said the justices should reject the drugmaker’s and the administration’s pleas and allow the appeals court-ordered changes to take effect.
The fight over mifepristone lands at the Supreme Court less than a year after conservative justices reversed Roe v. Wade and allowed more than a dozen states to effectively ban abortion outright.
The justices are being asked for a temporary order to keep in place Food and Drug Administration regulations governing mifepristone. Such an order would give them time to more fully consider each side’s arguments without the pressure of a deadline.
The Biden administration and Danco, which is based in New York, also want a more lasting order that would keep the current rules in place as long as the legal fight over mifepristone continues. As a fallback, they asked the court to take up the issue, hear arguments and decide by early summer a legal challenge to mifepristone that anti-abortion doctors and medical organizations filed last year.
The court rarely acts so quickly to grant full review of cases before at least one appeals court has thoroughly examined the legal issues involved.
A ruling from the 5th U.S. Circuit Court of Appeals late Wednesday would prevent the pill, used in the most common abortion method, from being mailed or prescribed without an in-person visit to a doctor. It also would withdraw the Food and Drug Administration’s approval of mifepristone for use beyond the seventh week of pregnancy. The FDA says it’s safe through 10 weeks. |
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Court rules documents in Sanford case must be unsealed
Blog Updates |
2023/04/07 18:22
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The South Dakota Supreme Court ruled Thursday that affidavits from an investigation into child pornography allegations against billionaire philanthropist T. Denny Sanford must be unsealed.
In 2019, South Dakota investigators searched his email account, as well as his cellular and internet service providers, for evidence of possession of child pornography, after his accounts were flagged by a technology firm.
Sanford, the state’s richest man, was not charged after the South Dakota attorney general’s office said its investigation into the allegations found no prosecutable offenses within the state’s jurisdiction.
Sanford had sought to bar affidavits used to issue search warrants in the case. But the Sioux Falls Argus Leader and ProPublica argued in court that the documents should be made public.
After the decision not to file charges, Judge James Power ordered in June 2022 that South Dakota law required the affidavits to be unsealed. They were kept sealed while Sanford’s attorneys appealed, sending the case to the state Supreme Court. |
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