Afternoon Briefs: Trump couldn't be prosecuted even if he shot someone, lawyer argues; Kellogg's to pay $20M
President Donald Trump. Photo from Shutterstock.com.
Sitting president can’t be prosecuted even if he shot someone, Trump lawyer argues
A sitting president couldn’t be investigated and prosecuted by New York authorities even if he shot someone in the middle of Fifth Avenue, according to William Consovoy, President Donald Trump’s private lawyer. The lawyer made the “temporary presidential immunity” argument Wednesday in response to a hypothetical question during arguments before the 2nd U.S. Circuit Court of Appeals at New York. Consovoy wants the appeals court to block enforcement of a subpoena for Trump’s tax returns by Manhattan District Attorney Cyrus Vance, who is investigating hush money payments. (The Washington Post, Politico)
Private loan for bar prep may be discharged in bankruptcy, 5th Circuit rules
A private loan for bar exam preparation may be discharged in a Chapter 7 bankruptcy, according to an Oct. 21 decision by the 5th U.S. Circuit Court of Appeals at New Orleans. Ruling in the case of Evan Crocker, the appeals court said his $15,000 bar prep loan didn’t meet the definition of an “educational benefit, scholarship or stipend” that can’t be discharged in bankruptcy. (Law360, 5th Circuit opinion)
Kellogg’s agrees to pay $20M to settle cereal-marketing class action
Kellogg’s will pay $20 million and change its marketing practices to settle a class action lawsuit that claimed that it misled consumers when it touted high-sugar cereals as “wholesome,” “lightly sweetened,” “nutritious” and “healthy.” (Law360)
State bar has trouble finding lawyer it seeks to suspend
Updated: The Florida Florida Supreme Court on Wednesday granted a request for an immediate suspension in the case of a Tampa lawyer who is accused of abandoning his law practice and withholding settlement money from clients. The Florida Bar requested the suspension of José Angel Toledo after 30 of his clients and one medical provider filed ethics complaints. He is also accused of failing to pay $122,000 in family support to his ex-wife, state Rep. Jackie Toledo. The bar’s suspension petition says its investigator was unable to locate Toledo. But a process server located him at a Miami address Sept. 28. (The Tampa Bay Times, ABC Action News, Spectrum News 9, the bar petition)
Updated on Oct. 24 to report that Toledo was suspended.
