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Brazilian court revives case against Olympian Ryan Lochte
Topics in Legal News |
2017/10/29 18:46
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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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Court, for now, blocks immigrant teen's access to abortion
Topics in Legal News |
2017/10/26 10:11
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An appeals court is blocking, for now, an abortion sought by a pregnant 17-year-old immigrant being held in a Texas facility, ruling that the government should have time to try to release her so she can obtain the abortion outside of federal custody.
A three-judge panel of the U.S. Court of Appeals for the District of Columbia issued its ruling Friday hours after arguments from lawyers for the Trump administration and the teenager. The court ruled 2-1 that the government should have until Oct. 31 to release the girl into the custody of a sponsor, such as an adult relative in the United States. If that happens, she could obtain an abortion if she chooses. If she isn't released, the case can go back to court.
The judge who dissented wrote that the court's ruling means the teen will be forced to continue an unwanted pregnancy for "multiple more weeks."
The teen, whose name and country of origin have been withheld because she's a minor, is 15 weeks pregnant. She entered the U.S. in September and learned she was pregnant while in custody in Texas.
She obtained a court order Sept. 25 permitting her to have an abortion. But federal officials have refused to transport her or temporarily release her so that others may take her to have an abortion. A lower federal court ruled that she should be able to obtain an abortion Friday or Saturday, but the government appealed.
Federal health officials said in a statement that for "however much time" they are given they "will protect the well-being of this minor and all children and their babies" in their facilities.
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European Court Asked to Rule on Facebook Data Transfers
Topics in Legal News |
2017/10/02 09:28
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The European Court of Justice has been asked to consider whether Facebook's Dublin-based subsidiary can legally transfer users' personal data to its U.S. parent, after Ireland's top court said Tuesday that there are "well-founded concerns" the practice violates European law.
In a case brought after former U.S. defense contractor Edward Snowden revealed the extent of electronic surveillance by American security agencies, the Irish court found that Facebook's transfers may compromise the data of European citizens.
The case has far-reaching implications for social media companies and others who move large amounts of data via the internet. Facebook's European subsidiary regularly does so.
Ireland's data commissioner had already issued a preliminary decision that such transfers may be illegal because agreements between Facebook and its Irish subsidiary don't adequately protect the privacy of European citizens. The Irish High Court is referring the case to the European Court of Justice because the data sharing agreements had been approved by the European Union's executive Commission.
Ireland's data commissioner "has raised well-founded concerns that there is an absence of an effective remedy in U.S. law . for an EU citizen whose data are transferred to the U.S. where they may be at risk of being accessed and processed by U.S. state agencies for national security purposes in a manner incompatible" with the EU's Charter of Fundamental Rights, the Irish High Court said Tuesday.
Austrian privacy campaigner Maximillian Schrems, who has a Facebook account, had challenged this practice through the Irish courts because of concerns that his data was being illegally accessed by U.S security agencies.
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Supreme Court's Kagan says Scalia death forced compromises
Topics in Legal News |
2017/09/07 09:05
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U.S. Supreme Court Justice Antonin Scalia's death forced the rest of the court to learn how to work together to avoid ties, Justice Elena Kagan said during a stop Friday at the University of Wisconsin-Madison.
Kagan spoke for about an hour with UW Law School Dean Margaret Raymond as scores of law students, attorneys and judges listened. Raymond asked Kagan what role the high court can play in mending a politically polarized country and improving civil discourse.
Kagan acknowledged that many people see the court as mirroring the nation's political differences and the court ultimately must decide cases, not provide an example for how other governmental institutions should function. But she said Scalia's death in 2016 forced the remaining eight justices to work together more closely.
Justice Neil Gorsuch replaced Scalia earlier this year, but before he joined the court the justices worked hard to avoid 4-4 ties out of fear they'd been seen as incapable of doing their jobs, Kagan said.
"None of us wanted that to happen," she said. "It forced us to keep talking to each other. ... I'm actually hopeful that the effects of it will continue. All of us will remember not to stop the conversation too soon and all of us will remember the value of trying to find a place where we can agree or more of us can agree."
She didn't offer any specific examples of compromises on any cases. Raymond didn't ask Kagan about any cases pending before the court and Kagan didn't offer any comments about any specific issues.
She did joke that she was glad she wasn't the court's junior justice anymore now that Gorsuch is on board. She said the junior justice has to open the door during the justices' conference and deliver any coffee or files other justices have requested from their clerks. Earlier this year she had injured her foot and was in a walking boot but her colleagues still made her get up and open the door.
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French Designer Wins Court Case in Dispute with Brad Pitt
Topics in Legal News |
2017/08/18 08:31
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A French lighting designer has won a $600,000 court ruling in a dispute with Brad Pitt over a grandiose re-design of the chateau in Provence that he and Angelina Jolie shared.
But designer Odile Soudant isn’t stopping there. She says her business went under because of Pitt’s refusal to pay for costly architectural reveries, and she’s now fighting for the intellectual property rights to the Chateau Miraval’s lighting design.
Pitt’s representatives argue the project was late and over-budget and the design was Pitt’s brainchild – not hers.
Soudant’s legal actions are the latest challenge for Pitt, who is in protracted divorce proceedings with Jolie.
The couple stayed at the chateau when she gave birth to their twins in nearby Monaco in 2008, launched a wine venture from its vineyards and married there in 2014.
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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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