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Anchorage wins lawsuit over failed port construction
Court News |
2021/12/16 15:05
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Anchorage has won its lawsuit with a federal agency over failed construction at the state’s largest port.
U.S. Court of Federal Claims Judge Edward J. Damich on Thursday found the U.S. Maritime Administration breached its 2003 and 2011 agreements with the Municipality of Anchorage over construction at the Port of Anchorage, KTUU-TV reported. The facility has since been renamed the Port of Alaska.
“It’s an enormous vindication of what we’ve been saying all along, and that’s basically that the federal government had control of this project and they didn’t perform — they messed it up,” assistant municipal attorney Robert Owens said.
In 2014, Anchorage filed a lawsuit against the maritime administration for more than $300 million over failed construction in the effort to replace deteriorating facilities and upgrade port infrastructure to meet increasing demands.
A nine-day trial was held last spring, at which the municipality argued the government’s 2003 and 2011 agreements required the agency to provide technical expertise to oversee, design and construct the expansion project “free of defect,” the court documents show.
The government countered that Anchorage was the party responsible for managing and executing the project, and the maritime administration didn’t breach any duties.
The judge sided with Anchorage, saying the federal agency failed to enforce its contractual duties or administer funds properly.
The amount of damages have not been awarded yet. Both sides have 10 days to submit arguments for what they believe the monetary award should be.
Anchorage Mayor Dave Bronson called the verdict a victory for Alaska.
“The Port of Alaska is a vital piece of infrastructure for all Alaskans, with roughly 90% of our population touched by goods that come through the Port,” Bronson said in a statement.
The municipality is working with the state and federal government to secure nearly $1.6 billion to repair the port, Bronson said.
An email sent Friday to the U.S. Maritime Administration seeking comment was not immediately returned.
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Court won’t stop Texas abortion ban, but lets clinics sue
Court News |
2021/12/10 11:34
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The Supreme Court on Friday left in place Texas’ ban on most abortions, offering only a glimmer of daylight for clinics in the state to challenge the nation’s most restrictive abortion law.
The decision, little more than a week after the court signaled it would roll back abortion rights and possibly overturn its landmark Roe v. Wade decision, was greeted with dismay by abortion rights supporters but praise by opponents.
Five conservative justices, including three appointed by former President Donald Trump, formed a majority to limit who can be sued by the clinics, a result that both sides said probably will prevent federal courts from effectively blocking the law.
Texas licensing officials may be sued, but not state court judges, court clerks or state Attorney General Ken Paxton, the court ruled. That seems to leave people free, under the unusual structure of the Texas law, to sue abortion clinics and anyone else who “aids or abets” an abortion performed after cardiac activity is detected in an embryo, around six weeks and before some women know they’re pregnant.
“The Supreme Court has essentially greenlit Texas’s cynical scheme and prevented federal courts from blocking an unconstitutional law,” the Center for Reproductive Rights, which represents the Texas clinics, said on Twitter.
The court acted more than a month after hearing arguments over the law, which makes no exceptions for rape or incest.
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Tunisian trial shines light on use of military courts
Court News |
2021/11/24 14:40
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A few days after Tunisia’s president froze parliament and took on sweeping powers in July, a dozen men in unmarked vehicles and civilian clothes barged into politician Yassine Ayari’s family home overnight and took him away in his pajamas.
“These men weren’t wearing uniforms and they didn’t have a warrant,” Ayari told The Associated Press. “It was violent. My 4-year-old son still has nightmares about it.”
A 40-year-old computer engineer-turned-corruption fighter, Ayari will stand trial again in a military court on Monday, accused of insulting the presidency and defaming the army. It is the latest in a series of trials that shine a light on Tunisia’s use of military courts to push through convictions against civilians. Rights groups say the practice has accelerated since President Kais Saied’s seizure of power in July, and warn that its use further threatens hard-won freedoms amid Tunisia’s democratic backsliding.
The charges Ayari faces relate to Facebook posts in which he criticized Saied, calling him a “pharaoh” and his measures a “military coup.” Ayari intends to remain silent in court to protest the whole judicial process, according to his lawyer, Malek Ben Amor.
Amnesty International is warning of an “alarming increase” in Tunisian military courts targeting civilians: In the past three months, it says, 10 civilians have been investigated or prosecuted by military tribunals, while four civilians are facing trial for criticizing the president.
That’s especially worrying because Tunisia was long considered the only democratic success story to emerge from the Arab Spring uprisings a decade ago, and was long seen as a model for the region.
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Trials delayed for mother, son in Mississippi fraud cases
Court News |
2021/11/12 12:50
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Judges have delayed the state and federal trials of a mother and son charged in one of Mississippi’s largest public corruption cases.
State Auditor Shad White has said Nancy New and Zachary New were responsible for misspending millions of dollars of welfare money that was intended for needy people in one of the poorest states in the U.S.
Their trials were scheduled to begin this week — Monday in Hinds County Circuit Court and Wednesday in federal court. Attorneys have made clear that both trials were unlikely to happen during the same week because of the complexity of the cases.
In late October, judges issued orders setting new trial dates of Jan. 3 in federal court and Feb. 7 in Hinds County Circuit Court.
State court records show Nancy New and Zachary New are both charged with conspiracy, embezzlement, fraud and making false statements to defraud the government, for alleged crimes from September 2018. They were indicted in early 2020.
Federal court records show the mother and son both face several charges, including wire fraud; conspiracy to commit wire fraud; aggravated identity theft; money laundering; and money laundering conspiracy.
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Palestinians reject offer to delay their Jerusalem eviction
Court News |
2021/11/04 14:58
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Palestinian families on Tuesday rejected an offer that would have delayed their eviction by Jewish settlers in a tense Jerusalem neighborhood, where protests and clashes helped ignite the 11-day Gaza war in May.
The four families in the Sheikh Jarrah neighborhood near the Old City said their decision springs from “our belief in the justice of our cause and our right to our homes and our homeland.” They said that rather than submit to an “unjust agreement” they would rely on the “Palestinian street” to raise international awareness of their plight.
The proposal floated by Israel’s Supreme Court last month would have made them “protected tenants,” blocking any eviction and demolition order for at least the next 15 years, according to Ir Amim, an Israeli rights group that closely follows developments in the city.
The families would have been able to continue arguing their case in Israeli courts. But it would have forced them to at least temporarily attest to the settlers’ ownership of the properties, which could weaken the families’ case going forward, and pay rent to the settlers.
The four families are among dozens in Jerusalem who are threatened with eviction by Jewish settler organizations in several cases that have been working their way through the Israeli court system for decades.
The settlers are making use of an Israeli law that allows them to claim properties that were owned by Jews prior to the 1948 war surrounding Israel’s creation. Palestinians who lost homes, properties and lands in the same conflict do not have the right to recover them.
There was no immediate comment from the settlers, but Jerusalem Deputy Mayor Arieh King, a staunch supporter, said they had accepted the offer.
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Investment Fraud Litigation |
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Securities fraud, also known as stock fraud and investment fraud, is a practice that induces investors to make purchase or sale decisions on the basis of false information, frequently resulting in losses, in violation of the securities laws. Securities Arbitration. Generally speaking, securities fraud consists of deceptive practices in the stock and commodity markets, and occurs when investors are enticed to part with their money based on untrue statements.
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The content contained on the web site has been prepared by Securities Law News as a service to the internet community and is not intended to constitute legal advice or a substitute for consultation with a licensed legal professional in a particular case. | Affordable Law Firm Website Design by Law Promo |
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