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Malaysia's top court annuls unilateral conversions of minors
Court Watch |
2018/01/30 09:35
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Malaysia's top court in a landmark decision says both parents must consent to the religious conversion of a minor, ruling in favor of a Hindu woman whose ex-husband converted their three children to Islam.
M.Indira Gandhi became caught in a high-profile dispute after her former husband became a Muslim and converted their three children without telling her in 2009. He also snatched their daughter, then 11 months old, from the family home.
Malaysia has a dual court system, secular and religious. Gandhi challenged her children's conversions through the civil courts.
The Court of Appeal ruled that civil courts had no jurisdiction over Islamic conversions, but that decision was appealed to the nation's highest court.
The Federal Court on Monday annulled the children's conversions as they were done without Gandhi's consent.
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Officials ask court to send Kennedy cousin back to prison
Breaking Legal News |
2018/01/30 09:35
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Connecticut officials are asking the state's highest court to revoke Kennedy cousin Michael Skakel's bail and send him back to prison, reminding justices it has been more than a year since they reinstated his murder conviction.
The chief state's attorney's office filed the request Monday with the state Supreme Court.
Skakel, a nephew of Robert F. Kennedy and his widow, Ethel Kennedy, was convicted of murder in 2002 in the bludgeoning death of Martha Moxley in their wealthy Greenwich neighborhood in 1975, when they were both teenagers.
He was sentenced to 20 years to life in prison. But another judge granted him a new trial in 2013, citing mistakes by his lawyer. Skakel was then freed after being allowed to post $1.2 million bail while he awaited the new trial.
Prosecutors appealed the lower court ruling to the state Supreme Court, which reinstated the conviction in December 2016 in a 4-3 ruling. Skakel's lawyers asked the high court to reconsider the decision — a request that remains pending. Skakel has been allowed to remain free on bail pending that ruling.
In Monday's petition to the Supreme Court, prosecutor James Killen wrote the court's usual practice is to rule on a request to reconsider a decision within weeks, and it's not clear why it is taking so long.
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Top Pakistani court orders arrest of escaped police officer
Law Center |
2018/01/28 09:35
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Pakistan's Supreme Court gave police three days to arrest an absconding officer who is involved in killing an aspiring model in a 'fake shootout', a lawyer said Saturday.
Attorney Nazeer Mehsud says suspended police officer Rao Anwar did not appear at a hearing Saturday. Chief justice Mian Saqib Nisar ordered his arrest and asked the Sindh police chief to summon him before him.
Anwar is accused killing of an aspiring social media model, Naqeebullah Mehsud, in a controversial shootout earlier this month. Anwar had maintained that Mehsud was a militant belonging to the Tehreek-i-Taliban Pakistan group, without providing evidence to support the claim. He went into hiding when an investigation found Mehsud to be innocent and said the shootout was staged.
Sanaullah Abbasi, a senior police officer, earlier told The Associated Press that Naqeebullah Mehsud was not linked to militants as claimed by Anwar.
Anwar gained prominence in recent years for several shootouts with alleged terrorists in which neither him nor any of his team members were hurt. Mehsud, from Waziristan and a father of three, was the latest victim of Anwar's last shootout.
Mehsud's death triggered violent protests in his eastern Karachi and a protest sit-in by Mehsud tribe's is still ongoing. "My son Naqeeb was innocent, he was righteous. Rao Anwar is a tyrant who killed my son," said Muhammad Ahmed Mehsud, Mehsud's father, adding that he was overwhelmed by the support he received for his son. |
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Pennsylvania GOP take gerrymandering case to US high court
Law Center |
2018/01/27 09:35
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Pennsylvania's top Republican lawmakers asked the U.S. Supreme Court on Thursday to stop an order by the state's highest court in a gerrymandering case brought by Democrats that threw out the boundaries of its 18 congressional districts and ordered them redrawn within three weeks.
Republicans who control Pennsylvania's Legislature wrote that state Supreme Court justices unconstitutionally usurped the authority of lawmakers to create congressional districts and they asked the nation's high court to put the decision on hold while it considers their claims.
The 22-page argument acknowledged that "judicial activism" by a state supreme court is ordinarily beyond the U.S. Supreme Court's purview. But, it said, "the question of what does and does not constitute a 'legislative function' under the Elections Clause is a question of federal, not state, law, and this Court is the arbiter of that distinction."
Justice Samuel Alito, who handles emergency appeals from Pennsylvania, could ask the registered Democratic voters on the other side of the case to respond. Alito could act on his own, though the full court generally gets involved in cases involving elections. An order could come in a matter of days, although there is no deadline for the justices to act.
Pennsylvania's congressional districts are criticized as among the nation's most gerrymandered. Its case is happening amid a national tide of gerrymandering cases from various states, including some already under consideration by the U.S. Supreme Court.
Election law scholars call the Republicans' request for the U.S. Supreme Court's intervention a long shot.
They say they know of no other state court decision throwing out a congressional map because of partisan gerrymandering, and the nation's high court has never struck down an electoral map as a partisan gerrymander. |
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Analysis: Outside groups may factor in Arkansas court race
Class Action |
2018/01/26 09:36
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Arkansas Supreme Court Justice Courtney Goodson lost her bid to run the state's highest court two years ago after coming under fire from conservative groups that spent big on mailers and TV ads targeting her. Two years earlier, David Sterling was defeated in the race for the Republican attorney general nomination despite outside groups going after his rival in that race.
Now, the two are about to face off in what could wind up being another costly and heated fight for a state high court seat that could overshadow other races on the ballot this year. It could also turn into a proxy fight over the state's resumption of executions and the court's role in scaling back what had been an unprecedented plan to put eight men to death over an 11-day period.
Goodson quietly launched her campaign last week, with an adviser confirming that she planned to seek another term on the state's high court in the May judicial election. The same day, Sterling said he planned to challenge the incumbent jurist.
Neither candidate has laid out campaign arguments, but the past two election cycles offer some guide of what to expect. Goodson launched her bid for the chief justice seat ago vowing to represent "conservative values" on the court.
"The Supreme Court is supposed to represent your common sense, conservative values, to uphold the rule of law and to look out for your rights," Goodson said in a campaign video she posted in the fall of 2015.
A year earlier, Sterling was touting his conservative credentials in his campaign for attorney general and promised to use the office to protect Arkansans from "an overreaching federal government." Sterling lost in the runoff for the Republican nomination against Leslie Rutledge, who is now seeking re-election as the state's top attorney. |
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Court rules that Kushner firm must disclose partners' names
Law Center |
2018/01/23 09:37
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A federal judge ruled Friday that the family company once run by Jared Kushner isn't allowed to keep secret the identity of its business partners in several Maryland properties.
A U.S. district judge in the state rejected the argument that the privacy rights of the Kushner Cos. partners outweigh the public interest in obtaining judicial records in a lawsuit before the court. The decision means the company tied to President Donald Trump's son-in-law might be forced to provide a rare glimpse into how it finances its real estate ventures.
The ruling backed the argument by The Associated Press and other news organizations that the media has a "presumptive right" to see such court documents and the Kushner Cos. had not raised a "compelling government interest" needed by law to block access.
U.S. District Court Judge James K. Bredar ruled that Westminster Management, a Kushner Cos. subsidiary, must file an unsealed document with the identity of its partners by Feb. 9.
The ruling stems from a lawsuit filed by tenants last year alleging Westminster charges excessive and illegal rent for apartments in the state. The lawsuit seeks class-action status for tenants in 17 apartment complexes owned by the company.
Westminster has said it has broken no laws and denies the charges.
In addition to its privacy argument, the Kushner subsidiary had said media reports of the Maryland dispute were "politically motivated" and marked by "unfair sensationalism." Disclosure of its partners' names would trigger even more coverage and hurt its chances of getting an impartial decision in the case, it had said.
In Friday's ruling, the judge said these are not "frivolous concerns," but the public's right to know is more important. |
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Court rules Puigdemont must return to Spain for re-election
Law Center |
2018/01/22 09:36
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Spain's top court said Saturday that Catalonia's fugitive ex-president must return to the country and be present in the regional parliament to receive the authority to form a new government.
The Constitutional Court ruled that a session of Catalonia's parliament scheduled for Tuesday would be suspended if former leader Carles Puigdemont tries to be re-elected without being physically present in the chamber.
The court also said that Puigdemont must seek judicial authorization to attend the session.
Catalonia's separatist lawmakers have been considering voting Puigdemont back in as regional chief without him returning from Belgium, weighing options that included another parliament member standing in for him or him addressing the lawmakers via video.
The separatist leader fled Spain after the regional parliament made an unsuccessful declaration of independence on Oct. 27 in violation of Spain's Constitution. He is wanted in Spain on possible rebellion and sedition charges and is likely to be arrested if he returns.
The court, in a unanimous decision of the 11 magistrates present, said that the investiture of Puigdemont would be suspended without the previous authorization of a judge, "even if he is physically in the chamber."
That specification comes amid speculation that Puigdemont could try to slip back into Spain and sneak past police into the Barcelona-based parliament to be re-elected. Spain's Interior Minister, Juan Ignacio Zoido, said this week that police were increasing surveillance to ensure that doesn't happen.
The court also ruled that neither Puigdemont nor the four other former members of his Cabinet who also fled to Belgium to avoid a judicial summons three months ago could delegate their vote for Tuesday's session in another candidate.
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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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