[JURIST] New York and Minnesota filed a lawsuit [complaint, PDF] on Friday in the US District Court for the Southern District of New York [official website] to block the Trump administration from cutting off federal funding to state programs that provide health care to low-income people.In December the US Department of Health and Human Services (HHS) [official website] informed both states that, due to Congress not appropriating funds, about 25 percent of federal funding would be cut from New York's plan and Minnesota would be cut completely.Both states allege that HHS is cutting federal funding without "adequate justification and in disregard of lawful procedure", which is legally required to be provided under the Affordable Care Act (ACA) [text, PDF]. Accordingly, both states allege that HHS is violating the Administrative Procedure Act (APA) [text, PDF] by "failing to follow the clear procedures set forth in the APA for making such significant administrative payment … [Read more...] about New York and Minnesota sue Trump administration over cuts to health care funding
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New York governor signs executive order imposing in-state net neutrality
[JURIST] New York Governor Andrew Cuomo on Wednesday signed an executive order [text, PDF] mandating internet providers comply with net neutrality.The order makes New York the second state after Montana [JURIST report] to update their procurement procedures to require that internet service providers comply with net neutrality standards. It states that "internet is an essential service that should be available to all New Yorkers," and highlights the importance of "a free and open internet" to parties such as businesses, students, and government.This change comes after the Federal Communications Commission (FCC) [official website] repealed net neutrality [JURIST report] in December. Since then, 22 state attorneys general and non-profits have challenged the repeal [JURIST report]. Additionally, multiple other governors and legislatures are also considering bills or executive orders [EP report] related to net neutrality.Currently, the FCC has not commented on the actions [NYT report] or … [Read more...] about New York governor signs executive order imposing in-state net neutrality
Russia oligarch Deripaska sues Paul Manafort in New York court
[JURIST] Russian metal tycoon Oleg Deripaska filed suit [complaint, PDF] in New York state court Wednesday against former Trump campaign chairman Paul Manafort and associate Rick Gates alleging fraud. Related charges were brought in 2014 in the Cayman Islands. This new claim relies in part on evidence from the unsealed indictment [text, PDF] against Manafort stemming from Special Counsel Robert Muller's investigation into possible coordination between the Trump campaign and Russia. Deripaska, through his company Surf Horizon Limited, gave $18.9 million to Manafort and Gates to invest in an Ukrainian cable network. The lawsuit alleges that the two American lobbyists instead put the money to use financing their lavish lifestyle, buying homes and paying children's tuition. The Cayman Islands lawsuit had sought to compel production of an account of the funds. Lawyers for Deripaska now use details of the international money laundering scheme alleged by the Special Counsel to account for … [Read more...] about Russia oligarch Deripaska sues Paul Manafort in New York court
New York City files climate change lawsuit against oil companies
[JURIST] New York City Mayor Bill de Blasio [official website] on Wednesday announced a lawsuit [complaint] against BP, Chevron Corporation, ConocoPhillips, Exxon Mobil Corporation and Royal Dutch Shell [corporate websites] for their role in climate change. Extensive quantities of greenhouse gasses (GHGs), specifically carbon dioxide (CO2), have been emitted through production, marketing, and selling of fossil fuels—primarily natural gas and oil. The complaint asserts that these companies produce a product that causes severe harm with intended use and should therefore be held liable for all of the costs associated with those harms. The city also notes that each defendant knew of the harms and risks associating with the production of fossil fuels such as GHG's remaining in the atmosphere for hundreds of years, which allegedly lead to climate change or global warning. The city alleges they have suffered damages from these productions through inundation, erosion, and regular tidal … [Read more...] about New York City files climate change lawsuit against oil companies
How New York could change the game for its criminal defendants
After decades of criticism from defense attorneys and others, Gov. Andrew Cuomo said Wednesday he would push to change New York’s “blindfold law,” which allows prosecutors to withhold evidence against a criminal defendant until just before trial.“We need discovery reform,” Cuomo, a Democrat, said in his annual State of the State address. He announced the effort as part of a larger package of proposed changes to the criminal justice system, including eliminating cash bail for low-level crimes.New York is one of 10 states where prosecutors can wait until a trial to turn over witness names and statements, grand jury testimony and other evidence known as discovery, which backs up criminal charges. In a front-page New York Times story this summer, The Marshall Project reported that the practice gives prosecutors a strategic advantage, especially because the vast majority of cases never make it that far: More than 98 percent of New York felony arrests that end … [Read more...] about How New York could change the game for its criminal defendants