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Trump administration backs PLO in victims' high court appeal
Legal Interview |
2018/03/31 14:26
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Despite its bumpy relationship with the Palestinians, the Trump administration is siding with the Palestine Liberation Organization in urging the Supreme Court to reject an appeal from American victims of terrorist attacks in the Middle East more than a decade ago.
The victims are asking the high court to reinstate a $654 million verdict against the PLO and Palestinian Authority in connection with attacks in Israel in 2002 and 2004 that killed 33 people and wounded hundreds more.
The case was scheduled to be considered at the justices’ private conference on Thursday. A decision to reject the appeal could come as early as Monday. If the court decides to hear the case, it could say so by the middle of this month.
The federal appeals court in New York tossed out the verdict in 2016. It said U.S. courts can’t consider lawsuits against foreign-based groups over random attacks that were not aimed at the United States.
The victims sued under the Anti-Terrorism Act, signed into law in 1992. The law was passed to open U.S. courts to victims of international terrorism, spurred by the killing of American Leon Klinghoffer during a 1985 terrorist attack aboard the Achille Lauro cruise ship.
The victims argued that offices the Palestinians maintain in the nation’s capital to promote their cause in speeches and media appearances and to retain lobbyists were sufficient to allow the lawsuit in an American court. The appeals court disagreed.
In late June, the justices asked the administration to weigh in on the case, as they often do in cases with foreign policy implications. The Justice Department filed its brief eight months later, saying there was nothing in the appeals court ruling to “warrant this court’s intervention at this time.”
In unusually strong language for a Supreme Court filing, Theodore Olson, the lawyer for the victims, wrote, “The government is not being square with the court.” Olson said the administration was being cagey about its view of the law, even after the lower court cut back on its use by attack victims to try to hold groups financially liable. |
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Court gives go-ahead for minimum alcohol price in Scotland
Legal Interview |
2017/11/13 13:45
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Britain's Supreme Court has given the go-ahead for the introduction of minimum unit pricing for alcohol in Scotland — a watershed moment for public health advocates alarmed at the level of abuse.
The court on Wednesday rejected the Scottish Whisky Association's challenge to the policy of setting a floor price per unit of alcohol. Health advocates argue that the increasing affordability of alcohol is leading to an increase in consumption.
Scotland's First Minister Nicola Sturgeon tweeted on Wednesday that she was "absolutely delighted" by the decision that she says will prove to be a "bold and necessary move to improve public health."
During the 1980s alcohol deaths in Scotland had been relatively stable, at roughly 600 per year, but in 2006 drink-related deaths peaked at 1,546.
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Abortion clinic dispute to be argued in Ohio Supreme Court
Legal Interview |
2017/09/08 09:04
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A dispute over whether to shut down Toledo's last abortion clinic is headed to the Ohio Supreme Court Tuesday, in a case both sides view as pivotal.
At issue in oral arguments will be the state health department's 2014 order shutting down Capital Care of Toledo for lack of a patient-transfer agreement, which would formally authorize the transfer of patients from the clinic to a local hospital.
Such agreements were mandated, and public hospitals barred from providing them, under restrictions Ohio lawmakers passed in 2013. The change prompted the University of Toledo Hospital, which is public, to withdraw from its transfer arrangement with Capital Care.
The clinic sued and won in the lower courts, which ruled the restrictions were unconstitutional. Judges have allowed the clinic to continue operating as the legal dispute continues.
Republican Attorney General Mike DeWine appealed to the high court last year, asking that justices uphold the state's action and shut the clinic down. In a divided vote in March, the court agreed to take up the case.
After the Republican-controlled state Legislature opted to outlaw transfer agreements with public hospitals, Capital Care went out of state, negotiating its required agreement with the University of Michigan Health System in Ann Arbor.
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Indian court sentences 2 men to death in 1993 Mumbai blasts
Legal Interview |
2017/09/05 09:05
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An Indian court on Thursday sentenced two men to death and two others to life in prison for a series of bombings that killed 257 people in Mumbai in 1993. A fifth man was given 10 years in prison.
The five men were convicted earlier of criminal conspiracy and murder in the planting of 12 powerful bombs in cars, scooters and suitcases around India's financial capital.
The sentencing ended a second trial related to the bombings. An initial trial ended in 2007 with more than 100 people convicted, of whom 11 were sentenced to death and the rest to various terms in prison.
Ujjwal Nikam, the main prosecutor, said he could not ask for a death sentence for Abu Salem, a prime suspect, because he was extradited from Portugal to India in 2005 after the Indian government pledged he would not be given the death penalty, a key requirement in extradition proceedings in Europe.
He fled India after the bombings and was later arrested by police in Portugal.
The Mumbai court sentenced Salem to life in prison after finding him guilty of transporting weapons from Gujarat state to Mumbai ahead of the blasts. These included AK-56 assault rifles, ammunition and hand grenades.
Prosecutors said the bombings were an act of revenge for the 1992 demolition of a 16th century mosque by Hindu nationalists in northern India. That triggered religious riots in parts of India, leaving more than 800 dead, both Hindus and Muslims.
The blasts targeted a number of prominent sites in Mumbai, including the stock exchange, Air India building, hotels, a cinema and shopping bazaars.
Prosecutors said the attack was masterminded by underworld kingpin Dawood Ibrahim. India accuses Pakistan of sheltering Ibrahim, a charge Islamabad denies. India says he has been living in Karachi, Pakistan's financial hub, after fleeing from Mumbai, and has asked Pakistan to hand him over to face trial in India. |
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Kentucky judge announces bid for state Supreme Court
Legal Interview |
2017/07/23 09:25
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A circuit court judge in Kentucky says he will run for an open seat on the state Supreme Court.
Judge David Tapp will run for the 3rd Supreme Court District that spans 27 counties in south-central Kentucky. Justice Daniel Venters holds the seat now and says he will not seek re-election.
Tapp has been a circuit court judge for Pulaski, Rockcastle and Lincoln counties since 2005. He has received national attention for his drug court program, which relies on medically assisted treatment for some addicts. In May, U.S. Sen. Mitch McConnell appointed Tapp to a national juvenile justice advisory board.
Kentucky judicial races are nonpartisan, and their political affiliations do not appear on the ballot.
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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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