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Appeals court hears arguments in ex-Gov. McDonnell's case
Class Action |
2015/05/11 11:48
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Former Virginia Gov. Bob McDonnell's fate is in the hands of three federal appeals court judges.
A panel of the 4th U.S. Circuit Court of Appeals heard arguments in McDonnell's public corruption case Tuesday. The court usually takes a few weeks to rule.
McDonnell and his wife, Maureen, were convicted of taking more than $165,000 in gifts and loans from a wealthy businessman in exchange for promoting his company's dietary supplements. The former governor was sentenced to two years in prison, his wife to one year and one day.
Tuesday's arguments focused on two major issues — whether McDonnell was convicted based on an overly broad definition of what constitutes an "official act" and whether jurors were properly questioned about whether they were influenced by news reports about the case. |
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Robin Williams' wife, children head to court in estate fight
Class Action |
2015/03/31 12:47
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Attorneys for Robin Williams' wife and children are headed to court in their battle over the late comedian's estate.
The attorneys are scheduled to appear before a San Francisco probate judge on Monday, as they argue over who should get clothes and other personal items the actor kept at one his Northern California homes.
In papers filed in December, Williams' wife, Susan, says some of the late actor's personal items were taken without her permission.
She has asked the court to exclude the contents of the San Francisco Bay Area home she shared with Williams from the jewelry, memorabilia and other items Williams said the children should have.
Williams' children, Zachary, Zelda and Cody, said in response that Susan Williams is "adding insult to a terrible injury" by trying to change the trust agreement and rob them of the late actor's belongings.
Susan Williams' attorney said she was only seeking guidance from the court about the meaning of certain terms in the trust. |
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Supreme Court rejects challenge to voter ID law in Wisconsin
Class Action |
2015/03/27 16:09
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The U.S. Supreme Court on Monday turned away a challenge to Wisconsin's voter identification law, allowing the law to stand and handing a victory to Gov. Scott Walker following a long fight by opponents who say it's a thinly veiled attempt to make it more difficult for Democratic backers to vote.
The law won't be enforced for an April 7 election because it's only two weeks away, but it will be in subsequent elections, the state attorney general said. Walker, a likely 2016 Republican presidential candidate, is a longtime proponent of voter ID requirements and signed Wisconsin's into law in 2011. But it was only in effect for one low-turnout primary in 2012 before legal challenges kept it on hold.
The Supreme Court's decision not to take up the case ends the legal fight, for now. "This is great news for Wisconsin voters," Walker said in a statement. "As we've said, this is a common sense reform that protects the integrity of our voting process, making it easy to vote and hard to cheat."
Democratic critics, as well as a federal judge in Milwaukee who last year declared the law to be unconstitutional, say in-person voting fraud is extremely rare. In his ruling striking down the law, U.S. District Judge Lynn Adelman said there appears to have been one documented case of voter fraud in Wisconsin between 2004 and 2012, and that was committed by a man who obtained a ballot in the name of his deceased wife.
Opponents of the law say its true intent is to make it more difficult for older, poor and minority voters who tend to support Democrats and are more likely not to have the proper ID. The American Civil Liberties Union and allied groups persuaded Adelman to declare the law unconstitutional last year. But the 7th U.S. Circuit Court of Appeals in Chicago later ruled that the law did not violate the Constitution. |
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Justices pepper health care law opponents with questions
Class Action |
2015/03/05 13:34
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Supreme Court justices peppered opponents of President Barack Obama's health care law with skeptical questions during oral arguments Wednesday on the latest challenge to the sweeping legislation.
Justice Anthony Kennedy, whose vote is seen as pivotal, suggested that the plaintiffs' argument raises a "serious" constitutional problem affecting the relationship between states and the federal government.
The plaintiffs argue that only residents of states that set up their own insurance markets can get federal subsidies to help pay their premiums.
Millions of people could be affected by the court's decision. The justices are trying to determine whether the law makes people in all 50 states eligible for federal tax subsidies to cut the cost of insurance premiums. Or, does it limit tax credits only to people who live in states that created their own health insurance marketplaces?
During oral arguments, the courts' liberal justices also expressed doubts. In an earlier case involving the law, however, Kennedy was on the opposite side, voting to strike down a key requirement.
A ruling that limits where subsidies are available would have dramatic consequences because roughly three dozen states opted against their own marketplace, or exchange, and instead rely on the U.S. Health and Human Services Department's healthcare.gov. Independent studies estimate that 8 million people could lose insurance coverage. |
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Romanian court sentences judge to 22 years in bribe case
Class Action |
2015/02/03 15:12
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A court has sentenced a judge to 22 years in prison on charges that he took bribes to rule favorably in several cases involving one of Romania's richest businessmen.
The Bucharest Appeals Court also confiscated a luxury car and money from Mircea Moldovan. The ruling is not yet final.
Businessman Dan Adamescu was also sentenced to four years and four months while judge Elena Roventa received five years and 10 months. Two other judges were also sentenced to prison.
Adamescu was convicted of instructing his lawyer — who threw himself under a train after the judges were arrested — to bribe the judges 20,000 euros ($17,700 ) in December 2013 to rule in his favor in several insolvency cases involving his companies. Adamescu denies wrongdoing. |
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Hernandez fiancee due in court for perjury charge
Class Action |
2015/01/08 13:06
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Aaron Hernandez’s fiancee is due back in court Wednesday, one day after a judge made an important ruling about her presence during his murder trials. Shayanna Jenkins is charged with perjury related to the murder investigation of Hernandez.
The hearing is set for two petitions by prosecutors to grant immunity to Jenkins and one other witness.
On Tuesday, the judge ruled that five people on the witness list, that included Jenkins, Hernandez’s mother and Odin Lloyd’s mother, would be allowed to sit through the trial. That, even though Jenkins is a potential witness.
Jenkins’ lawyer, Janice Bassil, did not return an email sent Monday seeking more information about the hearing. Jenkins and Hernandez have a child together.
The judge indicated there may be another hearing Thursday before jury selection begins.
Jury selection is set to begin Friday for Hernandez, who has pleaded not guilty to killing Lloyd, a semiprofessional football player. Hernandez was a tight end for the Patriots with a $40 million contract when prosecutors say he killed Lloyd in an industrial park near his North Attleboro home in June 2013. Lloyd, 27, was dating the sister of Jenkins.
The trial is expected to last six to 10 weeks, and dozens of witnesses could be called, including Patriots coach Bill Belichick and team owner Robert Kraft.
Hernandez also has pleaded not guilty in the fatal shootings of two men in 2012 after an encounter at a Boston nightclub. That case has not yet gone to trial. |
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Egypt court bans festival honoring Moroccan rabbi
Class Action |
2014/12/31 08:43
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An Egyptian court has banned an annual festival in honor of Moroccan rabbi that was regularly attended by hundreds of Jewish pilgrims, mainly from Israel and Morocco.
After the 1979 peace treaty with Israel, Egypt began allowing organized trips to the tomb of Yaakov Abu Hatzira in the Nile Delta north of Cairo. The Culture Ministry declared the site an Egyptian monument.
The Administrative Court of Alexandria on Monday banned the visits and stripped the ministry's designation. It acted on a complaint filed by local residents who objected to the mingling of men and women and the consumption of alcohol at the festival. |
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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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