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Native American tribes say Supreme Court challenge was never just about foster kids
Court Watch |
2023/06/21 14:22
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Native American nations say the Supreme Court’s rejection of a challenge to the Indian Child Welfare Act has reaffirmed their power to withstand threats from state governments.
They say the case conservative groups raised on behalf of four Native American children was a stalking horse for legal arguments that could have broadly weakened tribal and federal authority.
“It’s a big win for all of us, a big win for Indian Country. And it definitely strengthens our sovereignty, strengthens our self-determination, it strengthens that we as a nation can make our own decisions,” Navajo Nation President Buu Nygren said Monday.
In fact, the 7-2 ruling released Thursday hardly touched on the children, who were supposed to be placed with Native foster families under the law. The justices said the white families that have sought to adopt them lack standing to claim racial discrimination, in part because their cases are already resolved, save for one Navajo girl whose case is in Texas court.
Instead, the justices focused on rejecting other arguments aimed at giving states more leverage, including sweeping attacks on the constitutional basis for federal Indian Law.
“This was never a case about children,” Erin Dougherty Lynch, senior staff attorney for the Native American Rights Fund, told The Associated Press. “The opposition was essentially trying to weaken tribes by putting their children in the middle, which is a standard tactic for entities that are seeking to destroy tribes.”
Justice Amy Coney Barrett’s majority opinion said these plaintiffs wrongly claimed that “the State gets to call the shots, unhindered by any federal instruction to the contrary.”
Justice Neil Gorsuch spent 38 pages explaining how up to a third of Native children were taken from their families and placed in white homes or in boarding schools to be assimilated. In response, the 1978 law requires states to notify tribes if a child is or could be enrolled in a federally recognized tribe, and established a system favoring Native American families in foster care and adoption proceedings. |
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Austrian court restarts US extradition proceedings for Ukrainian
Court Watch |
2023/06/12 11:29
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An Austrian court said Friday that it has ruled in favor of Ukrainian businessman Dymitro Firtash in a years-long legal saga over a U.S. bid to have him extradited to face corruption charges, sending the extradition case back to square one.
Firtash faces a U.S. indictment accusing him of a conspiracy to pay bribes in India to mine titanium, which is used in jet engines. He denies any wrongdoing.
He was arrested in Austria in 2014 and then freed on 125 million euros ($136 million) bail, kicking off a still-unresolved legal saga. A Vienna court initially ruled against extradition on the grounds that the indictment was politically motivated.
A higher court in February 2017 rejected that reasoning as “insufficiently substantiated” and ruled that Firtash could be extradited. Austria’s Supreme Court of Justice upheld that ruling in 2019.
The country’s justice minister at the time approved the extradition, but a Vienna court judge ruled it could only take place after a decision on a defense call to reopen the case. Firtash backed that June 2019 motion with “numerous documents, including written witness statements,” Vienna’s upper state court said.
In March 2022, a Vienna court ruled against reopening the case. But the upper state court said Friday that it has now ruled in favor of Firtash and decided to allow reopening extradition proceedings, overturning the 2017 ruling. It pointed to new evidence.
Judges in Vienna will now have to consider anew whether Firtash can be sent to the United States.
In June 2019, a Chicago federal judge rejected a motion to dismiss the indictment against Firtash, who has argued that the U.S. has no jurisdiction over crimes in India. However, the judge ruled that it does, because any scheme would have impacted a Chicago-based company.
American aviation company Boeing, based in Chicago, has said it considered business with Firtash but never followed through. It is not accused of any wrongdoing.
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Delaware Senate confirms two Supreme Court nominees
Court Watch |
2023/05/04 17:19
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The state Senate has confirmed Gov. John Carney’s two nominees for the Delaware Supreme Court, including a lawyer tapped by Carney for the high court after he was arrested for drunken driving.
Carney’s nominations of Abigail LeGrow and N. Christopher Griffiths were confirmed Wednesday with no support from Senate Republicans. Despite Griffiths’ DUI arrest in January, GOP lawmakers were primarily outraged that, for the first time in decades, there will be no resident of Kent County on the state’s highest court.
“The governor of this great state threw us under the bus,” said Sen. Eric Buckson, a Kent County Republican.
Senate Minority Whip Brian Pettyjohn of Georgetown described Carney’s decision to forego nominating a justice from central Delaware as “insulting.”
Last week, members of the Democrat-controlled House unanimously passed a bipartisan bill mandating that the five-member Supreme Court include at least one justice from central Kent County, one from southern Sussex County, and two from northern New Castle County. The state Senate declined to take up the bill before voting on Carney’s nominees. Two Dover-area Democratic senators who cosponsored the bill, Trey Paradee and Kyra Hoffner, voted Wednesday to confirm Carney’s picks.
“Judge LeGrow and Chris have the experience, knowledge, and commitment to public service necessary to serve on the Supreme Court,” Carney said in a statement issued after they were confirmed.
Before the Senate vote, Pettyjohn questioned Griffiths during a Senate Executive Committee hearing about the traffic stop that led to his arrest, but Griffiths offered few details.
“The bottom line is this, I had too much to drink, and I should not have drove,” said Griffiths, who said he complied with the trooper who stopped him.
Griffiths, who will be the first black man to serve on the Supreme Court, also indicated that he feared that the trooper, whom he nevertheless described as “a complete gentleman,” might physically abuse him because of his race.
“I’m a black man driving around in lower Delaware at a mostly white beach, and I want to go home to my family,” Griffiths said. “There’s a lot of things in the national news that are burned in our minds and our hearts, and I wanted that officer to know “we’re on the same team.’”
“I have images in my brain from the biases I bring to that situation of, man, I want to make sure I go home tonight. I want to make sure there’s not a knee in my back but that I go home alive,” Griffiths added.
Griffiths pleaded guilty in March to reckless driving that was alcohol-related, an offense he compared to “a simple traffic ticket.” He was fined and ordered to complete an education course for those charged with driving under the influence.
LeGrow and Griffiths replace Tamika R. Montgomery-Reeves, who now sits on a federal appeals court, and Justice James T. Vaughn Jr., a Kent County resident who retired effective this week.
LeGrow has served as Superior Court judge since February 2016. She previously served as a Master in Chancery on the Delaware Court of Chancery. LeGrow received her law degree from the Pennsylvania State University. Griffiths has been a partner at the Wilmington law firm of Connolly Gallagher, which also employs Democratic state Sen. Kyle Evans Gay. He previously was a wealth manager for Wilmington Trust Company and the Vanguard Group. Griffiths, who received his law degree from Villanova University, is the son of Norman Griffiths, a retired DuPont attorney who served 20 years on the Wilmington City Council. |
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Republicans invoke Soros to steer narrative on Trump probe
Court Watch |
2023/03/22 09:59
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As former President Donald Trump braces for a potential indictment related to hush money payments made on his behalf during his 2016 campaign, Republicans blasting the case as politically motivated are blaming a frequent target: George Soros.
The 92-year-old billionaire investor and philanthropist — who has been falsely accused of everything from hiring violent rioters to committing election crimes — doesn’t know and didn’t donate directly to the New York prosecutor steering the probe. But that hasn’t stopped Trump and other high-profile Republicans from accusing Manhattan District Attorney Alvin Bragg, who convened the grand jury investigating Trump, of acting on Soros’ behalf.
Trump on Monday used his Truth Social platform to misleadingly claim that Bragg “received in EXCESS OF ONE MILLION DOLLARS” from Soros. Ohio Sen. J.D. Vance tweeted that the prosecutor was “bought by George Soros.” Florida Gov. Ron DeSantis called the case a “manufactured circus by some Soros-DA.”
Experts say the claims exploit a gray area of campaign fundraising, where tenuous connections between PAC donors and the candidates who ultimately receive the funds can be unclear.
Scapegoating Soros, who is Hungarian American and Jewish, also perpetuates deep-rooted false ideas about Jewish people and immigrants to underscore the conspiracy theory that he is a shadowy villain orchestrating world events.
The misleading claims about Soros’ link to the Trump case stem from a real donation the philanthropist made in 2021. Soros gave $1 million to Color of Change PAC, a political group that ran an independent expenditure campaign to support Bragg’s district attorney run.
But Soros spokesman Michael Vachon confirmed the wealthy donor’s contribution to the PAC was not earmarked to be used for Bragg. Soros didn’t donate to Bragg’s campaign directly, and the two have never met in person, by phone or virtually, Vachon said.
Soros’ contribution to Color of Change PAC, which told The Associated Press it supports prosecutors looking to change the criminal justice system, follows a pattern for the investor, who “has made numerous contributions in support of reform-minded prosecutors across the country since 2015,” Vachon said.
Soros wrote in an op-ed in 2022 that he supports these candidates because they invest in changes he supports, including mental health programs and treating drug addiction as a disease instead of a crime. Personally and through another PAC, Soros donated about $4 million to Color of Change PAC between 2016 and 2022, Vachon said.
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Woman accused in dismemberment slaying attacks her attorney
Court Watch |
2023/02/14 10:45
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A woman accused in a grisly killing and dismemberment case in Wisconsin attacked her attorney Tuesday during a court hearing, moments after a judge agreed to delay her trial.
Taylor Schabusiness, 25, was seated in a Brown County circuit court when her attorney, Quinn Jolly, asked the judge for an additional two weeks for a defense expert to review his client’s competency to stand trial.
Moments after Judge Thomas Walsh reluctantly agreed to postpone her March 6 trial, Schabusiness attacked Jolly and was wrestled to the courtroom floor by a deputy, WLUK-TV reported. The courtroom was then cleared before the hearing resumed.
Schabusiness is charged with first-degree intentional homicide, mutilating a corpse and third-degree sexual assault in the killing of Shad Thyrion, 25, in February 2022. Authorities say she strangled Thyrion at a home in Green Bay, sexually abused him and dismembered his body, leaving parts of him throughout the house and in a vehicle.
Schabusiness has pleaded not guilty and not guilty by reason of mental disease or defect. She is being held on a $2 million cash bond.
Following her courtroom outburst, the judge moved her competency hearing from Tuesday to March 6. The judge also proposed a May 15 trial date.
At the end of the hearing, Jolly told the court he would file a motion to withdraw from the case as Schabusiness’ attorney but the judge did not immediately rule on that matter. |
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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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