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Lawyer: Portugal denies US appeal for fugitive
Human Rights |
2011/12/24 16:24
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Portugal's Supreme Court has refused a request from the U.S. to extradite American fugitive George Wright, his lawyer said Thursday.
Wright's lawyer Manuel Luis Ferreira said the court rejected an appeal by the U.S. against a lower court's decision that denied extradition a month ago.
"The Supreme Court has denied the appeal," Ferreira told The Associated Press. "They notified me today."
The U.S. can now appeal to Portugal's Constitutional Court if it chooses to.
Ferreira said he did not have details of the ruling. In Portugal, extradition cases are conducted in secret. Ferreira said Wright intends to remain in Portugal.
A Lisbon judge decided against Wright's extradition in November, two months after he was captured in Portugal following four decades on the run.
The U.S. Justice Department filed an appeal less than two weeks later.
Supreme Court officials weren't available to comment after office hours Thursday, and the U.S. Justice Department did not immediately reply to an email seeking comment.
The lower court judge had ruled that Wright, 68, had become a Portuguese citizen and that the statute of limitations on his 15- to 30-year sentence for a robbery-murder in New Jersey had expired, according to Ferreira. |
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UN court won't prosecute prosecutors for contempt
Court Watch |
2011/12/22 10:44
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Yugoslav war crimes tribunal judges say there is insufficient evidence to indict former chief prosecutor Carla Del Ponte and other prosecutors for allegedly intimidating witnesses.
The court appointed an independent prosecutor last year to investigate claims by witnesses in the trial of Serb war crimes suspect Vojislav Seselj that prosecutors had threatened them, subjected them to sleep deprivation and offered them money for testimony.
The independent prosecutor concluded there was insufficient evidence to launch a case of contempt of court.
In a decision Thursday, judges agreed with that conclusion and ruled there is no case against Del Ponte or her staff. |
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Florida Construction Law Attorney - Gilmer M. Heitman
Law Center |
2011/12/21 10:57
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Gilmer M. Heitman, P.E.
Principal Attorney
Heitman Law Firm, PL
Mr. Heitman earned his degree in civil engineering from Georgia Tech in 1992. Upon graduation, he served as a Peace Corps volunteer in Kenya from 1992 until 1994. Once he had returned
from Kenya, he worked building heavy civil construction projects throughout the Southeastern United States. He earned his licenses as a Florida Professional Engineer and Florida Certified
General Contractor in 1999.
Mr. Heitman earned his law degree from the University of Alabama School of Law and his Master’s Degree in Business Administration from Samford University 2005. He was admitted to the Florida bar in 2005. Mr. Heitman is admitted to practice before the Supreme Court of the United States.
Mr. Heitman is certified by the Florida Bar in Construction Law. Florida bar Board certification is synonymous with the term ‘specialist’ and ‘expert’ because of its very high standards for professional excellence. The Florida bar's board certification program is one of the finest in the country, and helps the public identify lawyers if you have been evaluated by their peers for experience, competence and integrity. |
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Court backs stripping Chinese tire import duties
Legal Business |
2011/12/21 08:57
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An appeals court has ruled that Chinese-made goods shouldn't be subject to certain kinds of import duties imposed by the U.S. Commerce Department.
The U.S. Court of Appeals in Washington upheld a ruling Monday that the duties, called "countervailing" duties, can't be applied to Chinese-made goods because it doesn't have a market
economy. Chinese goods are still subject to anti-dumping duties.
Chinese tire makers GRX International Tire Corp., Hebei Starbright Tire Co. and Tianjin United Tire & Rubber International had challenged the imposition of countervailing duties.
Countervailing duties are intended to tax items whose sale price when exported is subsidized by a company's home government.
The Commerce Department sought to impose the duties in 2007. The court ruled that congressional moves in 1988 and 1994 barred them. |
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Polygamous family launches challenge of Utah law
Court Watch |
2011/12/20 10:23
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Reality TV stars Kody Brown and his four wives say they just want one thing: to be left alone.
As authorities investigate them for bigamy, the TLC "Sister Wives" family is asking a federal judge to overturn part of Utah's bigamy law because it bans them from living together and criminalizes sexual relationships between unmarried consenting adults.
"What they are asking for is the right to structure their own lives, their own family, according to their faith and their beliefs," said Jonathan Turley, their attorney, adding that the lawsuit is about privacy — not polygamy.
The case in federal court in Utah, however, could open up the possibility that a way of life for tens of thousands of self-described Mormon fundamentalists could be decriminalized.
While all states outlaw bigamy, some like Utah have laws that both prohibit having more than one marriage license at a time and also ban adults from living together and having a sexual relationship.
The latter provision could include same-sex couples, unmarried heterosexual couples and those, like the Browns, who do not have licenses but have created within their homes a marriage-like relationship. |
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NY top court allows private securities claims
Breaking Legal News |
2011/12/20 10:22
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Enforcement by the state attorney general against securities fraud doesn't pre-empt private common-law claims of negligence against investment companies, New York's top court ruled Tuesday.
The Court of Appeals rejected J.P. Morgan Investment Management's argument that New York's Martin Act gives the attorney general exclusive authority over fraudulent securities and investment practices. The court said Assured Guaranty (UK) Ltd. can sue J.P. Morgan.
"We agree with the attorney general that the purpose of the Martin Act is not impaired by private common-law actions that have a legal basis independent of the statute because proceedings by the attorney general and private action have the same goal — combating fraud and deception in securities transactions," Judge Victoria Graffeo wrote.
Assured claimed breach of fiduciary duty and gross negligence, alleging J.P. Morgan invested heavily in risky mortgage-backed securities while committing to a conservative investment policy for reinsurance company Orkney RE II PLC, whose obligations Assured guaranteed. After the market crashed, Assured had to cover Orkney losses.
"Here, the plain text of the Martin Act, while granting the attorney general investigatory and enforcement powers and prescribing various penalties, does not expressly mention or otherwise contemplate the elimination of common-law claims," Graffeo wrote. The unanimous ruling upheld a midlevel court, which had reversed a judge. |
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Court schedules week of health care arguments
Breaking Legal News |
2011/12/19 11:24
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The Supreme Court announced Monday that it will use an unprecedented week's worth of argument time in late March to decide the constitutionality of President Barack Obama's historic health care overhaul before the 2012 presidential elections.
The high court scheduled arguments for March 26th, 27th and 28th over the Patient Protection and Affordable Care Act, which aims to provide health insurance to more than 30 million previously uninsured Americans. The arguments fill the entire court calendar that week with nothing but debate over Obama's signature domestic health care achievement.
With the March dates set, it means a final decision on the massive health care overhaul will likely come before Independence Day in the middle of Obama's re-election campaign. The new law has been vigorously opposed by all of Obama's prospective GOP opponents. Republicans have branded the law unconstitutional since before Obama signed it in a March 2010 ceremony.
In an extraordinary move, the justices are hearing more than five hours of arguments over the health care overhaul. In the modern era, the last time the court increased that time anywhere near this much was in 2003 for consideration of the McCain-Feingold campaign finance overhaul. That case consumed four hours of argument. |
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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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