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Court revives Sarah Palin’s libel lawsuit against The New York Times
Breaking Legal News |
2024/08/27 13:38
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A federal appeals court revived Sarah Palin’s libel case against The New York Times on Wednesday, citing errors by a lower court judge, particularly his decision to dismiss the lawsuit while a jury was deliberating.
The 2nd U.S. Circuit Court of Appeals in Manhattan wrote that Judge Jed S. Rakoff’s decision in February 2022 to dismiss the lawsuit mid-deliberations improperly intruded on the jury’s work.
It also found that the erroneous exclusion of evidence, an inaccurate jury instruction and an erroneous response to a question from the jury tainted the jury’s decision to rule against Palin. It declined, however, to grant Palin’s request to force Rakoff off the case on grounds he was biased against her. The 2nd Circuit said she had offered no proof.
The libel lawsuit by Palin, a onetime Republican vice presidential candidate and former governor of Alaska, centered on the newspaper’s 2017 editorial falsely linking her campaign rhetoric to a mass shooting, which Palin asserted damaged her reputation and career.
The Times acknowledged its editorial was inaccurate but said it quickly corrected errors it called an “honest mistake” that were never meant to harm Palin.
Shane Vogt, a lawyer for Palin, said in an email that Palin was “very happy with today’s decision, which is a significant step forward in the process of holding publishers accountable for content that misleads readers and the public in general.”
“The truth deserves a level playing field, and Governor Palin looks forward to presenting her case to a jury that is ‘provided with relevant proffered evidence and properly instructed on the law,’” Vogt added, quoting in part from the 2nd Circuit ruling.
Charlie Stadtlander, a spokesperson for the Times, said the decision was disappointing. “We’re confident we will prevail in a retrial,” he said in an email.
The 2nd Circuit, in a ruling written by Judge John M. Walker Jr., reversed the jury verdict, along with Rakoff’s decision to dismiss the lawsuit while jurors were deliberating.
Despite his ruling, Rakoff let jurors finish deliberating and render their verdict, which went against Palin.
The appeals court noted that Rakoff’s ruling made credibility determinations, weighed evidence, and ignored facts or inferences that a reasonable juror could plausibly find supported Palin’s case.
It also described how “push notifications” that reached the cellphones of jurors “came as an unfortunate surprise to the district judge.” The 2nd Circuit said it was not enough that the judge’s law clerk was assured by jurors that Rakoff’s ruling had not affected their deliberations.
“Given a judge’s special position of influence with a jury, we think a jury’s verdict reached with the knowledge of the judge’s already-announced disposition of the case will rarely be untainted, no matter what the jurors say upon subsequent inquiry,” the appeals court said.
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Venezuela’s Supreme Court certifies Maduro’s claims that he won presidential election
Breaking Legal News |
2024/08/25 09:22
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Venezuela’s Supreme Court has backed President Nicolás Maduro’s claims that he won last month’s presidential election and said voting tallies published online showing he lost by a landslide were forged.
The ruling is the latest attempt by Maduro to blunt protests and international criticism that erupted after the contested July 28 vote in which the self-proclaimed socialist leader was seeking a third, six-year term.
The high court is packed with Maduro loyalists and has almost never ruled against the government.
Its decision, read Thursday in an event attended by senior officials and foreign diplomats, came in response to a request by Maduro to review vote totals showing he had won by more than 1 million votes.
The main opposition coalition has accused Maduro of trying to steal the vote.
Thanks to a superb ground game on election day, opposition volunteers managed to collect copies of voting tallies from 80% of the 30,000 polling booths nationwide and which show opposition candidate Edmundo González won by a more than 2-to-1 margin.
The official tally sheets printed by each voting machine carry a QR code that makes it easy for anyone to verify the results and are almost impossible to replicate.
“An attempt to judicialize the results doesn’t change the truth: we won overwhelmingly and we have the voting records to prove it,” González, standing before a Venezuelan flag, said in a video posted on social media.
The high court’s ruling certifying the results contradicts the findings of experts from the United Nations and the Carter Center who were invited to observe the election and which both determined the results announced by authorities lacked credibility. Specifically, the outside experts noted that authorities didn’t release a breakdown of results by each of the 30,000 voting booths nationwide, as they have in almost every previous election.
The government has claimed — without evidence — that a foreign cyberattack staged by hackers from North Macedonia delayed the vote counting on election night and publication of the disaggregated results.
González was the only one of 10 candidates who did not participate in the Supreme Court’s audit, a fact noted by the justices, who in their ruling accused him of trying to spread panic.
The former diplomat and his chief backer, opposition powerhouse Maria Corina Machado, went into hiding after the election as security forces arrested more than 2,000 people and cracked down on demonstrations that erupted spontaneously throughout the country protesting the results.
Numerous foreign governments, including the U.S. as well as several allies of Maduro, have called on authorities to release the full breakdown of results.
Gabriel Boric, the leftist president of Chile and one of the main critics of Maduro’s election gambit, lambasted the high court’s certification. |
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Arkansas Supreme Court upholds rejection of abortion ballot measure
Biotech |
2024/08/22 09:23
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The Arkansas Supreme Court upheld the state’s rejection of signature petitions for an abortion rights ballot initiative on Thursday, keeping the proposal from going before voters in November.
READ MORE: Arkansas election officials reject petitions submitted to put abortion rights on 2024 ballot
The ruling dashed the hopes of organizers, who submitted the petitions, of getting the constitutional amendment measure on the ballot in the predominantly Republican state, where many top leaders tout their opposition to abortion.
Election officials said Arkansans for Limited Government, the group behind the measure, did not properly submit documentation regarding the signature gatherers it hired. The group disputed that assertion and argued it should have been given more time to provide any additional documents needed.
“We find that the Secretary correctly refused to count the signatures collected by paid canvassers because the sponsor failed to file the paid canvasser training certification,” the court said in a 4-3 ruling.
Following the U.S. Supreme Court’s 2022 decision removing the nationwide right to abortion, there has been a push to have voters decide the matter state by state.
Arkansas currently bans abortion at any time during a pregnancy, unless the woman’s life is endangered due to a medical emergency.
The proposed amendment would have prohibited laws banning abortion in the first 20 weeks of gestation and allowed the procedure later on in cases of rape, incest, threats to the woman’s health or life, or if the fetus would be unlikely to survive birth. It would not have created a constitutional right to abortion.
The ballot proposal lacked support from national abortion rights groups such as Planned Parenthood because it would still have allowed abortion to be banned after 20 weeks, which is earlier than other states where it remains legal.
Had they all been verified, the more than 101,000 signatures, submitted on the state’s July 5 deadline, would have been enough to qualify for the ballot. The threshold was 90,704 signatures from registered voters, and from a minimum of 50 counties.
In a earlier filing with the court, election officials said that 87,675 of the signatures submitted were collected by volunteers with the campaign. Election officials said it could not determine whether 912 of the signatures came from volunteer or paid canvassers.
Arkansans for Limited Government and election officials disagreed over whether the petitions complied with a 2013 state law requiring campaigns to submit statements identifying each paid canvasser by name and confirming that rules for gathering signatures were explained to them.
Supporters of the measure said they followed the law with their documentation, including affidavits identifying each paid gatherer. They have also argued the abortion petitions are being handled differently than other initiative campaigns this year, pointing to similar filings by two other groups.
State records show that the abortion campaign did submit, on June 27, a signed affidavit including a list of paid canvassers and a statement saying the petition rules had been explained to them. Moreover, the July 5 submission included affidavits from each paid worker acknowledging that the group provided them with all the rules and regulations required by law.
The state argued in court that this documentation did not comply because it was not signed by someone with the canvassing company rather than the initiative campaign itself. The state said the statement also needed to be submitted alongside the petitions.
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Former Rep. George Santos pleads guilty in federal fraud case
Corporate Governance |
2024/08/20 09:23
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George Santos, the former New York congressman who spun lies into a brief political career, pleaded guilty Monday to wire fraud and aggravated identity theft, acknowledging that he allowed his ambitions to cloud his judgment.
Santos, 36, is likely to spend at least six years in prison and owes hundreds of thousands of dollars in restitution. His federal fraud case, which led to his expulsion from Congress, was just weeks away from going to trial.
“I betrayed the trust of my constituents and supporters. I deeply regret my conduct,” the New York Republican said, his voice trembling as he entered the plea in a Long Island courtroom.
Santos, 36, said he accepted responsibility for his crimes and intends to make amends. He faces more than six years in prison under federal sentencing guidelines and owes at least $370,000 in restitution.
Senior Federal Judge Joanna Seybert scheduled sentencing for Feb. 7.
Santos was indicted on felony charges that he stole from political donors, used campaign contributions to pay for personal expenses, lied to Congress about his wealth and collected unemployment benefits while actually working.
Santos was expelled from the U.S. House after an ethics investigation found “overwhelming evidence” that he had broken the law and exploited his public position for his own profit.
The case has been set to go to trial in early September. If that had happened, federal prosecutors said Monday that they were prepared to call some 40 witnesses, including members of Santos’ campaign, employers and family members.
Santos was once touted as a rising political star after he flipped the suburban district that covers the affluent North Shore of Long Island and a slice of the New York City borough of Queens in 2022.
But his life story began unraveling even before he was sworn into office. At the time, reports emerged that he had lied about having a career at top Wall Street firms and a college degree along with other questions swirling about his biography.
New questions then emerged about his campaign funds.
He was first indicted on federal charges in May 2023, but refused to resign from office.
Santos had previously maintained his innocence, though he said in an interview in December that a plea deal with prosecutors was “not off the table.”
Asked if he was afraid of going to prison, he told CBS 2 at the time: “I think everybody should be afraid of going to jail, it’s not a pretty place and uh, I definitely want to work very hard to avoid that as best as possible.”
Separately Monday, in Manhattan federal court, Judge Denise Cote tossed out a lawsuit in which Santos claimed that late-night host Jimmy Kimmel, ABC and Disney committed copyright infringement and unjustly enriched themselves at his expense by using videos he made on the Cameo app for a “Jimmy Kimmel Live” segment. The judge said it was clear that Kimmel used the clips, which were also posted to YouTube, for the purposes of criticism and commentary, which is fair use.
Santos had begun selling personalized videos on Cameo in December shortly after his ouster from Congress. He subsequently launched, then quickly abandoned, a longshot bid to return to Congress as an independent earlier this year. |
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X announces suspension of Brazil operations, alleging ‘censorship orders’
Biotech |
2024/08/16 09:23
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Social media platform X said Saturday it will close its operations in Brazil, claiming Brazilian Supreme Court Justice Alexandre de Moraes threatened to arrest its legal representative in Brazil if they did not comply with orders.
X is removing all remaining Brazil staff in the country “effective immediately,” though the company said service will still be available to the people of Brazil. The company did not clarify how it could claim to suspend operations while continuing to provide services to Brazilians.
Earlier this year, the company clashed with de Moraes over free speech, far-right accounts and misinformation on X. The company said his most recent orders amounted to censorship, and shared a copy of the document on X.
The Supreme Court’s press office didn’t immediately respond to Associated Press email requests seeking comment, or to confirm the veracity of the document, on Saturday.
In the United States, free speech is a constitutional right that’s much more permissive than in many countries, including Brazil, where de Moraes in April ordered an investigation into CEO Elon Musk over the dissemination of defamatory fake news and another probe over possible obstruction, incitement and criminal organization.
Brazil’s political right has long characterized de Moraes as overstepping his bounds to clamp down on free speech and engage in political persecution.
Whether investigating former President Jair Bolsonaro, banishing his far-right allies from social media, or ordering the arrest of supporters who stormed government buildings on Jan. 8, 2023, de Moraes has aggressively pursued those he views as undermining Brazil’s young democracy.
“Moraes has chosen to threaten our staff in Brazil rather than respect the law or due process,” the company said in a statement on X.
In a tweet Saturday morning, the self-proclaimed “free speech absolutist” and owner of X, Musk, said de Moraes “is an utter disgrace to justice.”
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Detroit judge sidelined for making sleepy teen wear jail clothes on court field trip
Breaking Legal News |
2024/08/12 09:25
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A Detroit judge who ordered a teenager into jail clothes and handcuffs on a field trip to his courtroom will be off the bench while undergoing “necessary training,” the court’s chief judge said Thursday.
Meanwhile, the girl’s mother said Judge Kenneth King was a “big bully.”
“My daughter is hurt. She is feeling scared,” Latoreya Till told the Detroit Free Press.
She identified her daughter as Eva Goodman. The 15-year-old fell asleep in King’s court Tuesday while on a visit organized by a Detroit nonprofit.
King didn’t like it. But he said it was her attitude that led to the jail clothes, handcuffs and stern words.
“I wanted this to look and feel very real to her, even though there’s probably no real chance of me putting her in jail,” he explained to WXYZ-TV.
King has been temporarily removed from his criminal case docket and will undergo “necessary training to address the underlying issues that contributed to this incident,” said William McConico, the chief judge at 36th District Court.
The court “remains deeply committed to providing access to justice in an environment free from intimidation or disrespect. The actions of Judge King on August 13th do not reflect this commitment,” McConico said.
He said the State Court Administrative Office approved the step. King will continue to be paid. Details about the training, and how long it would last, were not disclosed.
King, who has been a judge since 2006, didn’t immediately return a phone message seeking comment. At the close of his Thursday hearings, accessible on YouTube, he made a heart shape with his hands. The judge’s work includes determining whether there’s enough evidence to send felony cases to trial at Wayne County Circuit Court.
Till said her daughter was sleepy during the Tuesday court visit because the family doesn’t have a permanent residence.
“And so, that particular night, we got in kind of late,” she told the Free Press, referring to Monday night. “And usually, when she goes to work, she’s up and planting trees or being active.”
The teen was seeing King’s court as part of a visit organized by The Greening of Detroit, an environmental group.
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Congolese military court hands down death sentence to leader of rebel coalition
Class Action |
2024/08/09 11:19
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A military court in Congo on Thursday sentenced 25 people, including the leader of a rebel coalition, to death after a high-profile televised trial that started late last month.
Corneille Nangaa, leader of the Alliance Fleuve Congo, or AFC, was found guilty of war crimes, participation in an insurrection and treason. Naanga and 19 other defendants sentenced to death were absent from the trial as they are currently on the run.
“This nauseating judicial saga reinforces our struggle for democratic normality in Congo,” Nangaa told the Associated Press in a text message from an undisclosed location.
The AFC is a political-military movement launched by Nangaa in December with the aim of uniting armed groups, political parties and civil society against Congo’s government. One of its most renown members is the M23, an armed group accused of mass killings in eastern Congo’s decadeslong conflict.
Congo’s president Felix Tshisekedi, along with U.S. and U.N. experts, accuse neighboring Rwanda of giving military backing to M23. Rwanda denies the claim, but in February it effectively admitted that it has troops and missile systems in eastern Congo to safeguard its security, pointing to a buildup of Congolese forces near the border.
The court’s decision against Nangaa follows the announcement of a cease-fire between Congo and Rwanda last week following talks mediated by Angola. The cease-fire took effect on Sunday but prospects are slim with previous truces not lasting more than a few weeks and fighting having already resumed near the border with Uganda.
The death sentence against Nangaa might be a way to have more leverage in possible future negotiations with Rwanda or the armed groups themselves, Yvon Muya, a conflict studies researcher at Saint Paul University, said.
The decadeslong conflict in eastern Congo has produced one of the world’s worst humanitarian crises, with over 100 armed groups fighting in the region, most for land and control of mines with valuable minerals. Some are fighting to try to protect their communities.
Many groups are accused of carrying out mass killings, rapes and other human rights violations. The violence has displaced about 7 million people, including thousands living in temporary camps. Many others are beyond the reach of aid.
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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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