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Gambia's leader says only court can declare who's president
Headline Legal News | 2017/01/11 01:00
Gambia's outgoing President Yahya Jammeh is criticizing foreign pressure for him to step down and calling on Gambians to wait for a Supreme Court decision to determine the credibility of the Dec. 1 elections that he lost.

On Tuesday, thousands of supporters of Jammeh's Alliance for Patriotic Reorientation and Construction gathered around a Supreme Court hearing, pushing for the annulment of the election outcome. The Supreme Court, with only one sitting member, adjourned until Monday but said it likely cannot hear the petition filed by the party until May, when the Nigeria and Sierra Leone judges appointed by Jammeh are available.

The delay creates uncertainty that many fear could turn to violence. Jammeh at first conceded defeat to opposition coalition candidate Adama Barrow but later called for a new vote, saying the Dec. 1 elections had irregularities.

The coalition has said it plans to move forward with Barrow's inauguration on Jan. 19, at the end of Jammeh's mandate, and the United Nations, European Union and West African bloc have called on Jammeh to respect the election and step down from power.

"Only the Supreme Court can declare anyone a president. So I ask anyone of us to respect the supreme law of the republic and await the Supreme Court review on the election result," said Jammeh in a late Tuesday address on state-run TV.

The incumbent criticized interference from other countries, including those of the Economic Community of West African States, which on Friday will send a delegation to try to persuade Jammeh to step down.



Circus operator agrees to plea deal in tent collapse
Headline Legal News | 2017/01/07 11:02
Court records show a Florida-based circus operator has agreed to a plea deal following a tent collapse in New Hampshire in 2015 that killed two people and injured dozens.

The Caledonian-Record in Vermont reports details of the plea deal involving Sarasota-based Walker International Events weren't made available.

The company had previously pleaded not guilty to a felony charge of operating without a license and to misdemeanor counts alleging it hadn't complied with state standards. Corporations can face fines and sanctions on criminal convictions.

The company, now out of business, agreed to pay federal safety fines and settled some lawsuits.

Forty-one-year-old Robert Young and his 6-year-old daughter, Annabelle, of Concord, Vermont, died when a storm with 75 mph winds blew through the Lancaster Fairgrounds, toppling the tent.


California Supreme Court halts death penalty measure
Headline Legal News | 2016/12/20 09:54
The California Supreme Court on Tuesday blocked a voter-approved measure intended to speed up the appeals process for the state's Death Row inmates to give it time to consider a lawsuit challenging the measure.

In a one-page decision, the court stayed the "implementation of all provisions of Proposition 66" and set a timeline for filing briefs in the case.

Proposition 66 would change how appeals are handled, appointing more lawyers to take cases, putting certain types of appeals before trial court judges and setting a five-year deadline for appeals to be heard. Currently, it can take longer than that for an attorney to be assigned to a case and upward of 25 years to exhaust appeals.

The lawsuit by former Attorney General John Van de Kamp and Ron Briggs, whose father wrote the ballot measure that expanded California's death penalty in 1978, said the reform measure would disrupt the courts, cost more money and limit the ability to mount proper appeals. They said the deadlines would set "an inordinately short timeline for the courts to review those complex cases" and result in attorneys cutting corners in their investigations.

Supporters of the measure have called the lawsuit a frivolous stall tactic.

California voters faced two death penalty measures on the November election. They rejected a measure that would have abolished the death penalty and narrowly approved Proposition 66.


Justices ask lower court to reconsider class action case
Headline Legal News | 2016/12/18 09:56
The Supreme Court is asking a lower court to take another look at a class action lawsuit brought by nearly 300 cable technicians that alleges their company encouraged workers to underreport overtime hours.

The justices said Monday that a federal appeals court should reconsider its decision allowing the lawsuit to proceed against cable installation firm FTS USA and its parent company, UniTek USA.

The companies argue that the district court should not have calculated damages for hundreds of workers by averaging the experiences of only 17 workers who testified.

A federal judge awarded the technicians $3.8 million after a jury found the company at fault. A federal appeals court said that award was too high, but rejected arguments that a single class action lawsuit was improper.

The Supreme Court won't hear an appeal from two former American International Group executives seeking to avoid civil fraud claims on charges they hid hundreds of millions of dollars in losses from investors.

The justices on Monday let stand a lower court ruling that said former chief executive officer Maurice Greenberg and former chief financial officer Howard Smith must stand trial.

New York state has accused the former executives of manipulating AIG's accounting records to hide hundreds of millions of dollars in losses from investors.

The state seeks an order banning Greenberg from working in the securities industry or as an executive for any public company. It also is seeking $53 million, including bonuses Greenberg received during the period he is alleged to have manipulated the company's finances.


Dems to use hearings on Trump picks to court working class
Headline Legal News | 2016/12/17 09:59
Determined to hold around two dozen Senate seats in 2018, Democrats will use the coming series of confirmation hearings to try to distinguish themselves from President-elect Donald Trump's billionaire nominees and convince working-class voters who elected him that he's not on their side.

While Democrats have little leverage to stop the Republican's picks in the Senate, they still plan a fight. To highlight what they say is the hypocrisy of Trump's campaign promise to be a champion for the economically struggling little guy, they'll focus on the nominees' wealth, ties to Wall Street and willingness to privatize Medicare, among other issues. In some cases, they'll seek to drag out the process by demanding more information and ensuring a full airing of potential conflicts of interest.

"We're going to give each of them a thorough examination to determine whether they'll actually stand up for workers against the special interests or rig the system even more," said incoming Senate Democratic Leader Chuck Schumer of New York, echoing some of Trump's own campaign rhetoric.

Democrats gave up their ability to block Trump's nominees in 2013, when then-Senate Majority Leader Harry Reid changed Senate rules and reduced the number of votes needed to end filibusters. Now in the majority, Republicans can confirm the nominees along partisan lines.

The limits of the Democratic minority have already been tested, as California Sen. Dianne Feinstein, who will be the top Democrat on the Senate Judiciary Committee in the new session, has repeatedly asked Judiciary Chairman Charles Grassley for more time to review documents ahead of Jan. 10-11 hearings for Sen. Jeff Sessions, Trump's choice for attorney general. Grassley, an Iowa Republican, has declined to delay the hearings.



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