Afternoon Briefs: Trump campaign loses ballot access case; ex-Knicks player wins appeal
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Top Pennsylvania court rules against Trump campaign
The Pennsylvania Supreme Court has reversed an appellate order that gave observers from the Trump campaign closer access to the ballot count in Philadelphia County. The state supreme court’s 5-2 decision said Pennsylvania election law contemplates an opportunity to observe the count from within the room but doesn’t set a minimum distance for observation. The case isn’t moot, the majority said, because the ballot count continues. (The Nov. 17 opinion, the dissents here and here)
Appeals court revives assault suit by ex-Knicks player
The 2nd U.S. Circuit Court of Appeals at New York has revived an assault and battery suit filed by former New York Knicks player Charles Oakley against Madison Square Garden. The suit claimed that security guards used excessive force when they ejected Oakley from a 2017 game when he was a spectator. While allowing the assault and battery claim, the appeals court rejected claims of defamation and false imprisonment. (Law360, the Associated Press, the decision via How Appealing)
ABA seeks extended relief for student borrowers
ABA President Patricia Lee Refo sent letters to Senate and House leaders Monday asking them to extend relief for student loan borrowers until the end of the COVID-19 pandemic. Congress suspended federal loan payments in March in the Coronavirus Aid, Relief and Economic Security Act, and President Donald Trump directed his education secretary to extend the relief for three more months after the provisions expired in September. Refo said those actions “offered critical support” to recent law grads, and a new law is needed to extend the relief before it expires at the end of next month. (Refo’s letters here and here)
‘Grim Reaper’ lawyer loses beach closing appeal
A Florida lawyer who dressed as the Grim Reaper to warn beach visitors about the need for social distancing has lost an appeal in his lawsuit seeking to force statewide beach closures. Florida’s First District Court of Appeal said lawyer Daniel Uhlfelder failed to advance “even an arguable legal basis” to reinstate the suit. The appeals court also directed Uhlfelder to show cause why he shouldn’t be sanctioned for what appears to be a frivolous appeal. (Law360)
