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UN court: Australia cannot use seized documents
Topics in Legal News |
2014/03/05 15:10
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The United Nations' highest court on Monday banned Australia from making any use of documents it seized from a lawyer working for East Timor in an arbitration case over a multibillion-dollar oil and gas deal between the two nations.
The International Court of Justice also ordered Canberra not to "interfere in any way in communications" between East Timor and its legal advisers in the arbitration or future negotiations on a maritime boundary between resources-rich Australia and its tiny, impoverished northern neighbor.
Australian agents in December raided the Canberra office of a legal adviser to East Timor and seized documents and data. That followed claims by a former Australian spy that his country bugged the East Timorese government ahead of negotiations on the Timor Sea Treaty that carves up revenue from oil and gas under the sea between the two countries.
East Timor wants to renegotiate the treaty, arguing that it is invalid because of the alleged bugging.
It went to the world court arguing the seizure was illegal. Monday's orders did not address that claim, which will be litigated later. |
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Fight over gay marriage moving to federal courts
Topics in Legal News |
2014/02/20 16:02
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The overturning of Virginia’s gay marriage ban places the legal fight over same-sex unions increasingly in the hands of federal appeals courts shaped by President Barack Obama’s two election victories.
It’s no accident that Virginia has become a key testing ground for federal judges’ willingness to embrace same-sex marriage after last year’s strongly worded pro-gay rights ruling by the Supreme Court. Judges appointed by Democratic presidents have a 10-5 edge over Republicans on the Richmond-based 4th U.S. Circuit Court of Appeals, formerly among the nation’s most conservative appeals courts.
Nationally, three other federal appeals courts will soon take up the right of same-sex couples to marry, too, in Ohio, Colorado and California. The San Francisco-based 9th circuit is dominated by judges appointed by Democratic presidents. The Denver-based court, home of the 10th circuit, has shifted from a Republican advantage to an even split between the parties, while the 6th circuit, based in Cincinnati, remains relatively unchanged in favor of Republicans during Obama’s tenure.
U.S. District Judge Arenda Wright Allen’s ruling Thursday, that same-sex couples in Virginia have the same constitutional right to marry as heterosexuals, represented the strongest advance in the South for advocates of gay marriage. She put her own ruling on hold while it is being appealed.
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CA Supreme Court justice to retire
Topics in Legal News |
2014/02/13 16:16
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The longest-serving current justice of the California Supreme Court announced Tuesday that she is retiring.
Justice Joyce Kennard notified Gov. Jerry Brown that she intends to step down on April 5, ending her 24-year tenure as a member of the state's highest court.
"The state and its people have been very well served by Justice Kennard," Brown said in a statement on Tuesday. "Her independence and intellectual fortitude have left a lasting mark on the Court."
Former Gov. George Deukmejian appointed Kennard to the Supreme Court in 1989, The San Jose Mercury News reported. She previously was a Los Angeles trial judge and an appeals court justice for a brief time before being elevated to the State Supreme Court.
Kennard, 72, has a unique personal history, according to the Mercury News, because she is a native of Indonesia, moved to the Netherlands as a teenager and lost part of her right leg to a tumor, forcing her to walk with a prosthetic the rest of her life.
Kennard moved to the United States in 1961, settling in Southern California. She earned her law degree from the University of Southern California.
In her tenure on the court, she became famous for interjecting questions during oral arguments, often turning them into lengthy speeches before pointing her finger at a lawyer and demanding an answer. Despite being an appointee of the conservative Deukmejian, she was often unpredictable in her rulings and would come down on the more liberal side of social issues before the court.
Kennard was in the 4-3 majority that in 2008 struck down California's long-standing ban on gay marriage, a ruling that preceded voter approval of Proposition 8 — which restored the same-sex marriage ban until the U.S. Supreme Court invalidated it last year. |
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Case challenging gay-marriage ban heard in Va.
Topics in Legal News |
2014/02/06 16:38
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In a case that could give gay marriage its first foothold in the old Confederacy, a federal judge will hear arguments Tuesday on whether Virginia's ban on gay marriage should be struck down _ the position the state's newly elected Democratic attorney general has endorsed, angering many Republican lawmakers.
In January, Attorney General Mark Herring's office notified the federal court in Norfolk that it would not defend the 2006 voter-approved constitutional amendment in a lawsuit. Republicans have accused Herring of abandoning his responsibility to defend the state's laws. On Tuesday morning, a handful of protesters gathered at the courthouse. They shouted phrases decrying his position and carried signs: "Herring's herring. AG's must uphold the law."
Across the street, gay-marriage supporters _ in about equal numbers _ shouted their support for the plaintiffs and carried signs saying "Marry who you love."
Newly elected Democratic Gov. Terry McAuliffe has rebuffed calls to appoint outside counsel to defend the ban. On Monday, Republicans in the House passed a bill that would give lawmakers standing in lawsuits where the attorney general and governor have chosen not to participate. |
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Court: Feds can target California pot clinics
Topics in Legal News |
2014/01/16 15:17
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An appeals court Wednesday affirmed the federal government's long-standing policy that California medical marijuana dispensaries have no protection under state law from drug prosecutions.
The 9th U.S. Circuit Court of Appeals ruled Wednesday that three California dispensaries, their customers and their landlords are barred from using a state law allowing marijuana use with a doctor's recommendation as a shield from criminal charges and government lawsuits. All uses of marijuana are illegal under the federal Controlled Substances Act, also known as the CSA, even in states that have legalized pot.
The ruling upholds three lower court decisions and follows previous rulings by federal appeals courts and the U.S. Supreme Court.
The 9th Circuit panel conceded that medical marijuana use is more accepted now than several years ago when it made a similar ruling. But it said the new legal challenges didn't raise any new arguments that would trump federal law. |
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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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