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East Timor court drops premier's libel case against media
Court Watch |
2017/05/31 20:00
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An East Timor court on Thursday dismissed a criminal defamation case brought by the country's prime minister against two journalists due to lack of evidence.
Rights groups and press advocates had urged that the case be dropped, fearing it would further undermine press freedom in one of the world's youngest democracies.
Accused journalist Raimundo Oki said there was "big applause" when Dili District Court judge Patrocino Antonino Goncalves issued his ruling. The trial was observed by the International Federation of Journalists, USAID and other groups.
"I am happy with the final decision because since the beginning I have always believed that the judge will do his job freely and independently," Oki said.
Oki and his former editor at the Timor Post, Lourenco Vicente Martins, would have faced up to three years in prison if found guilty of slanderous denunciation.
The defamation accusation stemmed from an error in a story published two years ago about Prime Minister Rui Aria de Araujo's involvement in a state contract for information technology services when he was an adviser to East Timor's finance minister in 2014.
The story, which said Araujo had recommended a particular company for the contract before bids opened, misidentified that company as the eventual winner of the contract.
The newspaper apologized for that error, published a front-page story on Araujo's denial and Martins resigned. But Araujo has insisted on prosecuting. East Timor's fragile press freedom has come under attack with the passing of a restrictive media law in 2014 that can be used to stifle investigative journalism.
A former colony of Portugal, it was occupied by Indonesia for a quarter century until a U.N.-sponsored independence referendum in 1999 sparked violent reprisals by the Indonesian military that killed many and destroyed its economy.
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Court: Russian hacker can be extradited to US or Russia
Class Action |
2017/05/28 20:01
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A Czech court ruled Tuesday that a Russian man who faces charges of hacking computers at American companies can be extradited either to the United States or Russia — and the suspect immediately appealed his possible extradition to the United States.
Czech authorities arrested Yevgeniy Nikulin in Prague on Oct. 5 in cooperation with the FBI after Interpol issued an international warrant. He is accused of hacking computers and stealing information from LinkedIn, Dropbox and other companies.
Moscow also wants him extradited on a separate charge of internet theft in 2009. Russian officials had previously said they were working to prevent his extradition to the U.S.
Judge Jaroslav Pytloun ruled Tuesday that the extradition requests from both countries meet all the necessary legal conditions.
The 29-year-old has denied wrongdoing.
"I'm innocent," Nikulin said through a translator at the hearing Tuesday. "I haven't done anything illegal. I have nothing to do with that."
Nikulin appealed his extradition to the United States. He has three days to decide if he will agree to being extradited to Russia.
Justice Minister Robert Pelikan will have the final say on where Nikulin goes after Prague's High Court decides on his appeal.
Nikulin's defense lawyers have rejected the U.S. charges, saying they are based on one FBI agent, and suggested the U.S. was seeking him for political reasons — to use him as a pawn in the investigation into alleged Russian hacking in the U.S. election.
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Puerto Rico seeks court's help to save public pension system
Court Watch |
2017/05/22 11:02
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Puerto Rico's governor says he'll ask a court to restructure the debts of the U.S. territory's public pension system, which is projected to run out of money this year.
Gov. Ricardo Rossello says the government has been unable to reach a deal with creditors to whom it owes some $3 billion.
Rossello said late Sunday that retired workers will still receive their pensions. He says the government will dip into its general fund once the pension system itself runs out of money. The pension system is underfunded by some $50 billion.
The previous administration already had trimmed benefits and a federal control board overseeing the island's finances is seeking more cuts. It says the system will switch to pay-as-you-go funding.
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Supreme Court strikes down 2 NC congressional districts
Breaking Legal News |
2017/05/22 11:02
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The Supreme Court struck down two congressional districts in North Carolina Monday because race played too large a role in their creation.
The justices ruled that Republicans who controlled the state legislature and governor's office in 2011 placed too many African-Americans in the two districts. The result was to weaken African-American voting strength elsewhere in North Carolina.
Both districts have since been redrawn and the state conducted elections under the new congressional map in 2016. Even with the new districts, Republicans maintained their 10-3 edge in congressional seats.
Justice Elena Kagan, writing for the court, said the state did not offer compelling justifications to justify its reliance on race in either district.
The issue of race and redistricting one is a familiar one at the Supreme Court and Kagan noted that one of the districts was "making its fifth appearance before this court."
States have to take race into account when drawing maps for legislative, congressional and a host of municipal political districts. At the same time, race can't be the predominant factor without very strong reasons, under a line of high court cases stretching back 20 years.
A three-judge federal court had previously struck down the two districts. The justices upheld the lower court ruling on both counts.
The court unanimously affirmed the lower court ruling on District 1 in northeastern North Carolina. Kagan wrote that the court will not "approve a racial gerrymander whose necessity is supported by no evidence."
The justices split 5-3 on the other district, District 12 in the southwestern part of the state. Justice Clarence Thomas joined the four liberal justices to form a majority. Chief Justice John Roberts and Justices Samuel Alito and Anthony Kennedy dissented. Justice Neil Gorsuch did not part in the case.
The state insisted that race played no role at all in the creation of one district. Instead, the state argued that Republicans who controlled the redistricting process wanted to leave the district in Democratic hands, so that the surrounding districts would be safer for Republicans.
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Former County Sheriff Joe Arpaio loses another round in court
Court Watch |
2017/05/20 11:02
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An appeals court has rejected former Sheriff Joe Arpaio's bid to have a jury, rather than a judge, decide whether he is guilty of a criminal contempt-of-court charge for disobeying a court order in a racial profiling case.
The 9th Circuit Court of Appeals ruled Thursday that Arpaio didn't show that his request warranted its intervention in the case.
The former six-term sheriff of metro Phoenix faces the misdemeanor charge for defying a 2011 court order in a racial profiling case to stop his signature immigration patrols.
Arpaio has acknowledged prolonging the patrols, but insists his disobedience wasn't intentional. If convicted, the 84-year-old could be sentenced up to six months in jail. His trial is scheduled to begin on June 26. |
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Family of Colorado man killed by police settles lawsuit
Health Care |
2017/05/19 11:03
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Court documents show the family of a Colorado man killed by police has settled its lawsuit against the city and the officer.
The Pueblo Chieftain says it obtained documents Thursday which showed the settlement resolved “all pending claims” against officer James Ashby and the city of Rocky Ford.
Reports say Ashby fatally shot 27-year-old Jack Jacquez. He was sentenced to 16 years in prison for the murder.
Jacquez’s mother, his estate and the mothers of his minor children filed a lawsuit against Ashby and the city in October.
The settlement is waiting on the approval of the Otero County Probate Court judge to include the children in it.
A court filling from this week does not show the terms of the settlement. |
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8 judges on Venezuela's Supreme Court hit with US sanctions
Law Center |
2017/05/18 11:03
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The U.S. imposed a new round of sanctions on high-level Venezuelan officials, this time targeting eight Supreme Court judges that Washington accused of damaging their nation's democracy by steadily stripping the opposition-controlled congress of any authority.
The executive order issued Thursday marked the second time the U.S. has sanctioned leaders of Venezuela's socialist government since Donald Trump became president this year. In February, the U.S. announced it was freezing the assets of Vice President Tareck El Aissami, accusing him of playing a major role in international drug trafficking.
Those blacklisted under the latest decree include Maikel Moreno, the president of the government-packed Supreme Court, as well as all seven justices who signed a ruling in late March nullifying congress. The ruling was later partially reversed amid a surge of international criticism, but it sparked a protest movement that has seen almost daily street demonstrations for nearly two months — sometimes violent unrest that recorded its 45th death Thursday.
"By imposing these targeted sanctions, the United States is supporting the Venezuelan people in their efforts to protect and advance democratic governance in their country," U.S. Treasury Secretary Steven T. Mnuchin said.
Venezuelan Foreign Minister Delcy Rodriguez decried the U.S. sanctions on Twitter as "outrageous and unacceptable." She said the order was one more example of U.S. attempts to destabilize Venezuela's government, adding that Maduro strongly backs the Supreme Court magistrates who are "victims of U.S. imperial power."
Trump's administration has repeatedly raised concerns that Maduro is moving toward one-party, authoritarian rule. Earlier Thursday, the U.S. leader expressed dismay about Venezuela's troubles, asking aloud how a nation holding the world's largest oil reserves could be stricken by so much poverty and turmoil.
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Class action or a representative action is a form of lawsuit in which a large group of people collectively bring a claim to court and/or in which a class of defendants is being sued. This form of collective lawsuit originated in the United States and is still predominantly a U.S. phenomenon, at least the U.S. variant of it. In the United States federal courts, class actions are governed by Federal Rules of Civil Procedure Rule. Since 1938, many states have adopted rules similar to the FRCP. However, some states like California have civil procedure systems which deviate significantly from the federal rules; the California Codes provide for four separate types of class actions. As a result, there are two separate treatises devoted solely to the complex topic of California class actions. Some states, such as Virginia, do not provide for any class actions, while others, such as New York, limit the types of claims that may be brought as class actions. They can construct your law firm a brand new website, lawyer website templates and help you redesign your existing law firm site to secure your place in the internet. |
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