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Supreme Court ruling clear, but Brexit future still murky
Bankruptcy |
2019/09/24 23:00
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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.
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New justice formally joins Virginia Supreme Court
Bankruptcy |
2019/09/10 14:30
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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.
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Cock-a-doodle-doo! French rooster crows over court win
Bankruptcy |
2019/09/03 14:31
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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. |
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Supreme Court rebuffs Alabama officer charged with murder
Bankruptcy |
2019/08/11 18:38
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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.
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Appeal in John Steinbeck lawsuit heard in court
Bankruptcy |
2019/08/11 18:37
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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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Puerto Ricans await court decision on potential new governor
Bankruptcy |
2019/08/05 18:34
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Puerto Rico’s Supreme Court on Monday agreed to rule on a lawsuit that the island’s Senate filed in a bid to oust a veteran politician recently sworn in as the island’s governor.
The court gave all parties until Tuesday at noon to file all necessary paperwork, noting that no extensions will be awarded.
The lawsuit seeks a preliminary injunction ordering Pedro Pierluisi to cease his functions immediately and also asks that the court declare unconstitutional a 2005 law that says a secretary of state does not have to be approved by both the House and Senate if he or she has to step in as governor.
“I want to put an end to this, but I want to do it correctly,” Senate President Thomas Rivera Schatz said during a special session in which he stated he would let the court decide the outcome, adding that Pierluisi only had five of 15 votes needed from the Senate for his earlier nomination as secretary of state.
It is unclear how quickly the Supreme Court might rule or whether it would hold a hearing or simply issue a written opinion. The announcement comes as Puerto Ricans who successfully ousted the previous governor from office following nearly two weeks of protests await yet another twist in what is a deepening constitutional crisis. |
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Gunmaker asks US Supreme Court to hear Sandy Hook appeal
Bankruptcy |
2019/08/03 18:32
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The maker of the rifle used in the Sandy Hook Elementary School shooting asked the U.S. Supreme Court to hear its appeal Thursday of a state ruling against the company.
Remington Arms, based in Madison, North Carolina, cited a much-debated 2005 federal law that shields firearms manufacturers from liability in most cases when their products are used in crimes.
Gunman Adam Lanza opened fire at the Newtown, Connecticut, school with a Bushmaster AR-15-style rifle on Dec. 14, 2012, killing 20 first graders and six educators. The 20-year-old gunman earlier shot his mother to death at their Newtown home, and killed himself as police arrived at the school. The rifle was legally owned by his mother.
A survivor and relatives of nine victims filed a wrongful death lawsuit against Remington in 2015, saying the company should have never sold such a dangerous weapon to the public and alleging it targeted younger, at-risk males in marketing and product placement in violent video games.
Citing one of the few exemptions in the federal law, the Connecticut Supreme Court ruled 4-3 in March that Remington could be sued under state law over how it marketed the rifle to the public. The decision overturned a ruling by a trial court judge who dismissed the lawsuit based on the 2005 federal law, named the Protection of Lawful Commerce in Arms Act.
The federal law has been criticized by gun control advocates as being too favorable to gun makers, and it has been used to bar lawsuits over other mass killings.
The case is being watched by gun control advocates, gun rights supporters and gun manufacturers across the country, as it has the potential to provide a roadmap for victims of other mass shootings to circumvent the federal law and sue firearm makers. |
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