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Court opens way to send ex-Mozambique minister to US trial
Bankruptcy | 2019/11/01 20:52
Former Mozambique finance minister Manuel Chang faces the prospect of being extradited to the United States to face trial after a South African court on Friday ruled against him being sent to his home country.

Chang's fate is now with South African Justice Minister Ronald Lamola after the court set aside his predecessor's decision to extradite him to Mozambique. Lamola has asserted that the southern African nation has not shown seriousness in prosecuting him.

Chang was arrested in South Africa last year on the request of the U.S. government in relation to the scandal involving $2 billion worth of secret loans guaranteed by Mozambique's government during his tenure from 2005 to 2015.

Companies set up by Mozambique's secret services and defense ministry borrowed the $2 billion in secret to set up maritime projects that never materialized but allegedly enriched a range of local and foreign players.


Arkansas judge: Court to hear 19 adoption scheme cases
Bankruptcy | 2019/10/11 20:08
An Arkansas judge says his court will decide individual outcomes in 19 adoption cases involving an Arizona official accused of human smuggling.

Paul Petersen, a Republican assessor of an Arizona county, was arrested Tuesday and charged with human smuggling, sale of a child, fraud, forgery and conspiracy to commit money laundering in Utah, Arizona and Arkansas.

Prosecutors say 44-year-old Petersen paid thousands of dollars to pregnant women from the Marshall Islands to travel to the U.S. and give birth for adoption.

The Northwest Arkansas Democrat-Gazette reports that Washington County Circuit Court Judge Doug Martin ordered Friday that statewide adoption cases against Petersen will be decided in his court. Petersen's attorney said Tuesday that his client's actions are "proper business practices."


Supreme Court ruling clear, but Brexit future still murky
Bankruptcy | 2019/09/24 23:00
The landmark British Supreme Court ruling that Prime Minister Boris Johnson's suspension of Parliament was unlawful did not deal directly with plans for Britain's anticipated departure from the European Union. Brexit will however be top of the agenda in Parliament now that lawmakers have returned.

As things stand, Britain is scheduled to leave the EU on Oct. 31 unless the British government requests an extension and the other 27 EU countries agree to a further delay.

However, Parliament passed a bill earlier this month before Johnson suspended Parliament requiring the prime minister to seek a three-month extension if no withdrawal agreement has been reached with the EU by Oct. 19.

Johnson insists that he is pursuing a deal with the EU, but has repeatedly said that if there is no deal, he will take Britain out of the EU on the scheduled Brexit date rather than request an extension.

For most economists, including those in government and the Bank of England, a no-deal Brexit would trigger a recession as trade barriers, including tariffs, are put up between Britain and the EU. There's also a widespread expectation that there will be gridlock at Britain's ports, and shortages of some food and medicine.



New justice formally joins Virginia Supreme Court
Bankruptcy | 2019/09/10 14:30
The Virginia Supreme Court has a new justice.

The Richmond Times-Dispatch reports Teresa Chafin, previously a judge on the Virginia Court of Appeals, formally joined the court Friday in a special session in Abingdon.

The General Assembly elected her in February. Chafin is the sister of state Sen. Ben Chafin, who lobbied on her behalf but didn't vote when the Senate confirmed her 36-0.

Chafin will serve a 12-year term. She's filling a vacancy created by the retirement of Justice Elizabeth McClanahan.



Cock-a-doodle-doo! French rooster crows over court win
Bankruptcy | 2019/09/03 14:31
Maurice the rooster can keep crowing, a French court ruled Thursday, as it rejected a complaint from neighbors who sued over noise nuisance.

Maurice’s case and several other lawsuits against the sounds of church bells, cow bells, cicadas and the pungent smells from farms have prompted a national debate over how to protect rural culture from the encroachment of expectations that are more associated with urban areas.

Maurice’s owner, Corinne Fesseau, will be able to keep the rooster on the small island of Oleron, off France’s Atlantic coast, the court decided. The frustrated neighbors are considering an appeal.

The rooster owner’s lawyer, Julien Papineau, told The Associated Press that Fesseau “is happy. She cried when I when I told her the court’s decision.”

Maurice’s dawn crowing is exasperating Fesseau’s neighbors, a retired couple who moved to the island two years ago. They asked the court to make the animal move farther away, or shut up.

Instead, the judge in the southwest city of Rochefort ordered them to pay 1,000 euros ($1,005) in damages to Fesseau for reputational harm, plus court costs.

“That made my clients feel very bad,” their lawyer Vincent Huberdeau said. He said Fesseau intentionally put her chicken coop close to her neighbors’ window and then turned Maurice into a cause celebre for rural traditions, and that the judge went too far in punishing the plaintiffs instead.

Their case also backfired in the court of public opinion, at least locally. More than 120,000 people signed a petition urging authorities to leave Maurice alone ? and a “support committee” made up of roosters and hens from around the region came to support his owner during the trial in July.


Supreme Court rebuffs Alabama officer charged with murder
Bankruptcy | 2019/08/11 18:38
The Alabama Supreme Court refused Friday to intervene on behalf of a Huntsville police officer charged with murder in a 2018 shooting, sending the case back to circuit court for a potential trial.

The justices turned away an appeal by officer William “Ben” Darby in a brief ruling without explanation.

Darby was on duty when he shot and killed Jeffrey Parker, 49, on April 3, 2018. Darby contended he was acting in self-defense and shouldn’t be prosecuted, but the court refused to overturn a lower court’s refusal.

The decision means the case against Darby can continue in Madison County.

Parker called authorities threatening to kill himself with a gun, police said. Darby was one of three officers who responded and shot Parker when the man wouldn’t drop his weapon, authorities said.

An internal police review board cleared Darby of wrongdoing, but grand jurors later indicted him.



Appeal in John Steinbeck lawsuit heard in court
Bankruptcy | 2019/08/11 18:37
Both sides had another day in court Tuesday in a family battle that has been waged for decades over who controls the works of iconic author John Steinbeck.

A three-judge panel of the Ninth U.S. Circuit Court of Appeals heard arguments to an appeal by the estate of Steinbeck’s late son, Thomas Steinbeck. The panel was in Anchorage to hear various cases.

Thomas Steinbeck’s estate is contesting a 2017 federal jury verdict in California that awarded more than $13 million to the author’s stepdaughter, Waverly Scott Kaffaga, whose mother was John Steinbeck’s third wife. The lawsuit said Thomas Steinbeck and his wife, Gail Steinbeck, impeded film adaptations of the classic works. A judge earlier ruled in the same case that the couple breached an agreement between Kaffaga’s late mother and Thomas Steinbeck and his late brother, John Steinbeck IV.

Neither Gail Steinbeck nor Waverly Kaffaga attended Tuesday’s proceeding.

Attorney Matthew Dowd, representing the Thomas Steinbeck estate, told the circuit judges the appeal contends the 1983 agreement was in violation of a 1976 change to copyright law that gave artists or their blood relatives the right to terminate copyright deals. The appeal also disputes the award handed up by the jury, maintaining it was not supported by substantial evidence of Gail Steinbeck’s ability to pay.

Kaffaga’s attorney, Susan Kohlmann, told the circuit judges multiple courts, including an earlier Ninth Circuit decision, have already upheld the agreement as binding and valid, and deemed it enforceable. She called the contract argument a “complete red herring.”

Dowd disagreed. He said previous decisions on the agreement didn’t completely deal with the particular issue involving the 1976 statute. He said Gail Steinbeck was not allowed to fully address the issue in court.


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