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Poland chamber penalizing judges must be suspended
Court News |
2020/04/07 10:50
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Europe’s top court on Wednesday ordered Poland's government to immediately suspend a body it set up to discipline judges, saying the chamber did not guarantee independence or impartiality of its verdicts.
The Disciplinary Chamber of Poland’s Supreme Court, which was appointed by the right-wing government in 2017, is widely seen as a tool for the government to control judges who are critical of its policies.
The European Union, which has said the chamber violates basic values of judicial independence and Poland's rule of law, took Poland's government to the European Court of Justice in October.
While the case is still being considered, the European court ordered the Disciplinary Chamber suspended, saying its activity could “cause serious and irreparable harm with regard to the functioning of the EU legal order.”
Poland's government argues it has full right to shape its judiciary, saying it needs to be made more efficient and freed of its communist-era legacy.
Deputy Justice Minister Anna Dalkowska said the government will “weigh various options" after the European court's order. |
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Court: Utilities cannot charge energy-making customers more
Court News |
2020/04/02 10:54
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Utilities cannot charge customers who produce some of their own energy more than other customers, the Kansas Supreme Court ruled Friday in a decision that strikes down proposed rates from two companies.
The state's highest court found the proposals by Westar and Kansas Gas and Electric constitute price discrimination against residential customers who use solar panels or windmills to generate some or all of their electricity.
The opinion, written by Justice Caleb Stegall, said such price discrimination undermines the policy preferences of the Legislature. It notes lawmakers codified into state law the goal of incentivizing renewable energy production by private parties.
Calling the utility companies' proposal unlawful, the state Supreme Court reversed a lower appeals court ruling that had upheld it and ruled the Kansas Corporation Commission erred in approving the discriminatory rate. It sent the matter back to the commission for further proceedings.
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International court approves Afghanistan investigation
Court News |
2020/03/11 12:17
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International Criminal Court judges authorized a far-reaching investigation Thursday of war crimes and crimes against humanity allegedly committed by Afghan government forces, the Taliban, American troops and U.S. foreign intelligence operatives.
The appellate ruling marked the first time the court’s prosecutor has been cleared to investigate U.S. forces, and set the global tribunal on a collision course with the Trump administration.
Prosecutor Fatou Bensouda pledged to carry out an independent and impartial investigation and called for full support and cooperation from all parties.
“The many victims of atrocious crimes committed in the context of the conflict in Afghanistan deserve to finally have justice,” Bensouda said. “Today they are one step closer to that coveted outcome.”
Washington, which has long rejected the court’s jurisdiction and refuses to cooperate with it, condemned the decision while human rights groups and lawyers for victims applauded it.
A five-judge appellate panel upheld an appeal by prosecutors against a pretrial chamber’s rejection in April last year of Bensouda’s request to open a probe in Afghanistan.
While acknowledging that widespread crimes have been committed in Afghanistan, pretrial judges had said an investigation wouldn’t be in the interests of justice because the expected lack of cooperation meant convictions would ultimately be unlikely.
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Court reinstates order for Russia to pay $50 bln over Yukos
Court News |
2020/02/18 10:33
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In a major legal defeat for the Russian government, a Dutch appeals court on Tuesday reinstated an international arbitration panel’s order that it should pay $50 billion compensation to shareholders in former oil company Yukos.
The ruling overturned a 2016 decision by The Hague District Court that quashed the compensation order on the grounds that the arbitration panel did not have jurisdiction because the case was based on an energy treaty that Russia had signed but not ratified.
The Hague Court of Appeal ruled that the 2016 decision “was not correct. That means that the arbitration order is in force again.”
“This is a victory for the rule of law. The independent courts of a democracy have shown their integrity and served justice. A brutal kleptocracy has been held to account,” Tim Osborne, the chief executive of GML, a company made up of Yukos shareholders, said in a statement.
The Russian Justice Ministry said in a statement after the verdict that Russia will appeal. It charged that the Hague appeals court “failed to take into account the illegitimate use by former Yukos shareholders of the Energy Charter Treaty that wasn’t ratified by the Russian federation.”
The arbitration panel had ruled that Moscow seized control of Yukos in 2003 by hammering the company with massive tax claims. The move was seen as an attempt to silence Yukos CEO Mikhail Khodorkovsky, a vocal critic of President Vladimir Putin.
The 2014 arbitration ruling said that Russia was not acting in good faith when it levied the massive claims against Yukos, even though some of the company’s tax arrangements might have been questionable. |
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Missouri county sued over jail time for unpaid court costs
Court News |
2020/02/03 18:58
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A Missouri man at the heart of a state Supreme Court case that overturned what critics called modern-day debtors’ prisons is back in jail and suing the local officials who put him there.
Warrensburg resident George Richey, 65, is one of two Missouri men who sued over boarding costs for time spent in county jails, which are commonly referred to as board bills.
Richey spent 65 days in jail in 2016 for not paying past board bills. Supreme Court judges last year unanimously sided with him, writing in an opinion that while inmates are responsible for those costs, “if such responsibilities fall delinquent, the debts cannot be taxed as court costs and the failure to pay that debt cannot result in another incarceration.”
The nonprofit legal defense organization ArchCity Defenders on Tuesday sued St. Clair County and Associate Circuit County Judge Jerry Rellihan on behalf of Richey for the harm caused by his unlawful imprisonment.
Richey’s lawyers wrote in a Tuesday court filing that the time he spent in jail meant he lost “his home, all of his personal belongings, and lived in constant fear of arrest for the past four years.”
“I have the clothes on my back, but that’s it. This has caused me to lose everything,” Richey said in a statement. “I’m not the only one these counties are picking on, and I’m taking a stand because these crooked practices can’t continue.”
Associated Press requests for comment to St. Clair County officials were not immediately returned Wednesday.
Richey’s lawyers also argued that the judge retaliated against him for taking his board bill case to the Supreme Court.
Three months after the high court’s ruling, Rellihan sentenced Richey to more than two years in county jail for probation violations and misdemeanor counts of assault, trespassing and disturbing the peace.
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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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