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Appeals court: Trump exceeded authority with travel ban
Topics in Legal News | 2017/12/24 01:47
A federal appeals court panel has ruled that President Donald Trump once again exceeded the scope of his authority with his latest travel ban, but the judges on the 9th U.S. Circuit Court of Appeals put their decision on hold pending review by the U.S. Supreme Court, meaning the ban involving six majority Muslim countries will remain in effect.

The 77-page ruling released late Friday says Trump's proclamation makes no finding whatsoever that simply being from one of the countries cited in the ban makes someone a security risk.

Hawaii, which is suing to stop the ban, has argued that it will be harmful because families will be separated and university recruitment will be hampered.

Earlier this month, the Supreme Court lifted temporary lower court orders that had prevented the latest ban from taking effect.

The status quo was maintained when the 9th Circuit stayed its decision, said Carl Tobias, a professor at the University of Richmond School of Law.

The ruling was unusual, but it's a unique case, he said, noting the Supreme Court has not set argument dates because it has not yet decided to grant an appeal.

"Given the shockingly rapid volley of executive actions and court decisions, this is surely just the latest in a long series of battles to come." Mary Fan, a University of Washington law school professor, said about immigration ban litigation.


US jury acquits Peruvian defendant in FIFA bribery case
Topics in Legal News | 2017/12/19 01:48
A former South American soccer official was acquitted Tuesday of a corruption charge stemming from the FIFA bribery scandal after two others were convicted last week, capping a trial in which U.S. prosecutors sought to expose a culture of greed and corruption among the powerful men who oversee the world's most popular sport.

Jurors found Manuel Burga, the 60-year-old former president of Peru's soccer federation, not guilty of a single racketeering conspiracy charge.

Burga wept when the acquittal was announced. After the verdict, he came out of the courtroom, his eyes wet and said: "God Bless America. That's all I can say."

Burga said he would go home and resume a career as a lawyer that had been largely left behind for the last 15 years during his career as a soccer executive.

"My history in soccer is finished," he said. "I'll go back to the law."

On Friday, jurors told U.S. District Judge Pamela Chen they were deadlocked on Burga's case but had reached guilty verdicts on multiple charges against two other former officials: Juan Napout, of Paraguay, and Jose Maria Marin, of Brazil. Chen gave jurors the holiday weekend to think about Burga's case.

The judge had jailed Marin, 85, and Napout, 59, after their convictions Friday. The two were acquitted on some lesser charges. Burga, meanwhile, was waiting on his passport to return home.

Marin, Burga and Napout had been arrested in 2015. Prosecutors accused them of agreeing to take millions of dollars in bribes from businessmen seeking to lock up lucrative media rights or influence hosting rights for the World Cup and other major tournaments controlled by FIFA.



Free Speech Is Starting to Dominate the US Supreme Court's Agenda
Topics in Legal News | 2017/11/11 13:45
To get the Supreme Court's attention these days, try saying your speech rights are being violated.

Whether the underlying topic is abortion, elections, labor unions or wedding cakes, the First Amendment is starting to dominate the Supreme Court's agenda.

The court on Monday granted three new speech cases, including a challenge to a California law that requires licensed pregnancy-counseling clinics to tell patients they might be eligible for free or discounted abortions. The nine-month term now features six cases, out of 44 total, that turn on the reach of the Constitution's free speech guarantee.

Several will be among the term's most closely watched. They include a high-profile fight over a Colorado baker who refuses to make cakes for same-sex weddings and a challenge to the requirement in some states that public-sector workers pay for the cost of union representation. Both of those cases offer the prospect of ideological divides that could put the court's five Republican appointees in the majority, backing free speech rights.

Free speech also plays a central role in what could be a watershed case involving partisan voting districts. The court's liberals could join with Justice Anthony Kennedy to allow legal challenges to partisan gerrymanders for the first time. During arguments in October, Kennedy suggested those challenges would be based on the First Amendment's protections for speech and free association.

The free speech clause has had a special resonance with the court's conservative wing under Chief Justice John Roberts. The court invoked the First Amendment in the landmark 2010 Citizens United decision, which said corporations could spend unlimited sums on political causes. Writing for the five-justice majority, Kennedy equated federal spending restrictions with using "censorship to control thought."

The court has also backed speech rights with more lopsided majorities in cases involving violent video games, depictions of animal cruelty, abortion-clinic buffer zones and anti-homosexual protesters.



Trump choosing white men as judges, highest rate in decades
Topics in Legal News | 2017/11/08 13:44
President Donald Trump is nominating white men to America's federal courts at a rate not seen in nearly 30 years, threatening to reverse a slow transformation toward a judiciary that reflects the nation's diversity.

So far, 91 percent of Trump's nominees are white, and 81 percent are male, an Associated Press analysis has found. Three of every four are white men, with few African-Americans and Hispanics in the mix. The last president to nominate a similarly homogenous group was George H.W. Bush.

The shift could prove to be one of Trump's most enduring legacies. These are lifetime appointments, and Trump has inherited both an unusually high number of vacancies and an aging population of judges. That puts him in position to significantly reshape the courts that decide thousands of civil rights, environmental, criminal justice and other disputes across the country. The White House has been upfront about its plans to quickly fill the seats with conservatives, and has made clear that judicial philosophy tops any concerns about shrinking racial or gender diversity.


Brazilian court revives case against Olympian Ryan Lochte
Topics in Legal News | 2017/10/29 18:46
Over the summer, it appeared Ryan Lochte had been cleared of criminal charges in Brazil after he was accused of fabricating a story about getting robbed at gunpoint in Rio de Janeiro during the 2016 Olympics. On Friday, a decision made by an appeals court that originally ruled the case should be dismissed was reversed, according to USA Today, which cited Brazilian newspaper O Globo. The ruling came after Rio's prosecutor's office filed its own appeal.

"I'm disappointed that they're trying to take another shot at it," Lochte's attorney Jeff Ostrow told USA Today. "I think they should just let it die because they lost and because he didn't do anything wrong. But for whatever reason, they want to try to save face and continue this charade, let them do what they gotta do and we'll continue to fight it because we believe we're right."

Ostrow said he will now attempt to halt further proceedings by filing his own legal motion. If the case continues, Lochte could once again be facing a sentence of one to six months in jail should he be convicted of a misdemeanor offense of fabrication, although he would be unlikely to serve it. The reason, according to CNBC, is that Lochte would need to be extradited to Brazil, which would require U.S. cooperation. Under agreed upon terms with Brazil, extradition only applies in the case of more serious offenses, such as murder or rape.

Lochte's alleged offense was making up a tale inspired by a confrontation between him and three other U.S. swimmers and security at a gas station. After the incident, Lochte embarked on a media tour telling the world he was robbed at gunpoint by criminals posing as Rio police. With Rio authorities trying to downplay the city's crime rate, however, Lochte's allegations sparked an investigation. Eventually security camera footage revealed Lochte's story was untrue.


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