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Indian tycoon Vijay Mallya guilty of disobeying top court
Court Watch |
2017/05/10 16:39
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ndia's top court on Tuesday found wanted tycoon Vijay Mallya guilty of disobeying its order barring him from transferring $40 million to his children.
Mallya, who fled to London last year, is wanted in India on charges of money laundering and bank demands that he pay back more than a billion dollars in loans extended to his now-defunct airline. India has been seeking his extradition over the charges, which Mallya denies.
The Supreme Court in its ruling Tuesday acted on a plea by Indian banks, who said Mallya received $40 million from the British firm Diageo and transferred it to his son and two daughters illegally. The court asked Mallya to appear before it in July to decide the punishment.
Mallya was famous for his flashy lifestyle and lavish parties attended by fashion models and Bollywood stars. He was once hailed as India's version of British tycoon Richard Branson for his investments in a brewing and liquor company, an airline, a Formula One team and an Indian Premier League cricket club.
He ran into trouble when he failed to return millions of dollars of loans and left India last year amid attempts by a group of banks to recover the money.
India's External Affairs Ministry says Britain is still considering its request to issue a warrant for Mallya and to extradite him. |
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Indiana high court: Immigration status inadmissible at trial
Court Watch |
2017/05/07 16:40
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The immigration status of a Mexican native who is suing over lost wages in a workplace injury case should not be considered at trial because it can cause unfair prejudice, the Indiana Supreme Court has ruled.
The state's high court reversed a lower court ruling that the immigration status of Noe Escamilla was admissible in his lawsuit against an Indianapolis construction company. Escamilla, who entered the U.S. illegally from Mexico with his parents at age 15, married a U.S. citizen and has three children who are also American citizens, his attorney has said.
"Indiana's tort trials should be about making injured parties whole — not about federal immigration policies and laws," the high court said in a 5-0 ruling written by Chief Justice Loretta Rush and issued Thursday.
Escamilla sued Shiel Sexton Co. Inc. for lost future wages after he slipped on ice in 2010 and severely injured his back while helping to lift a heavy masonry capstone at Wabash College in Crawfordsville. Court documents say a doctor found Escamilla's injury left him unable to lift more than 20 pounds, effectively ending his career as a masonry laborer.
Because Escamilla is a lawful resident of Mexico, Shiel Sexton argued that any lost wages he is able to claim should be based on the rate of pay available in Mexico, and not U.S. wages. A Montgomery County trial court ruled in Shiel Sexton's favor, finding that two witnesses who reviewed Escamilla's U.S. tax returns could not testify about his lost earnings and that his immigration status could be entered as evidence.
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Judge W. Brent Powell Appointed to Missouri Supreme Court
Court Watch |
2017/04/26 00:02
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Jackson County Circuit Judge W. Brent Powell was appointed Tuesday to the Missouri Supreme Court, marking the first high-profile judicial selection by new Republican Gov. Eric Greitens.
Powell will replace former Judge Richard Teitelman, who died in November at his home in St. Louis.
Powell, a 46-year-old Kansas City resident, was appointed by former Republican Gov. Matt Blunt as a Jackson County judge in 2008. He previously spent seven years as an assistant U.S. attorney in Kansas City and also worked as an assistant Platte County prosecutor.
Greitens said Powell has established himself as "an outstanding jurist."
"He has received high marks for being humble, fair-minded and of the highest integrity," Greitens said in a written statement accompanying his announcement. "I am confident Judge Powell will be committed to strengthening and improving our court system and guarding the rule of law as a judge on our state's highest court."
Powell's wife, Beth Phillips, was appointed as a U.S. district judge in 2011 by Democratic President Barack Obama after serving as U.S. attorney in Kansas City. His sister-in-law, Jennifer Phillips, was appointed to the Jackson County Circuit Court in 2014 by former Democratic Gov. Jay Nixon after serving as an assistant county prosecutor. Powell's father, his father-in-law, an uncle and several cousins also have been attorneys.
"Coming from a clan of lawyers, this is a very special day for me and my family," Phillips said Tuesday in a written statement. "As I step into this new role, I hope to model the humility and judicial temperament exhibited by the late Judge Richard Teitelman who was known for his kindness and congeniality."
Unlike at the federal level, Missouri Supreme Court appointees are not subject to Senate confirmation. Instead, Powell will face a retention vote for a 12-year term during the 2018 general election.
Powell's appointment could shift the court a little to the right. Though Missouri appeals judges don't run as Democrats or Republicans, Teitelman had been appointed by former Democratic Gov. Bob Holden and typically aligned along liberal lines.
Powell's addition will mean three of the state's seven Supreme Court judges were appointed by Republican governors. |
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Austrian court: ex-Croatian general guilty of embezzlement
Court Watch |
2017/04/20 00:18
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An Austrian court has found a former Croatian general guilty of embezzling millions of euros and sentenced him and an associate to two years in prison.
The court in the southern city of Klagenfurt determined Wednesday that the ex-general, Vladimir Zagorec, and Guenter Striedinger were involved in diverting loans from the now-defunct Hypo Alpe Adria Bank. Striedinger was a bank board member.
Judge Michaele Sanin said the damages caused by the two amounted to over 17 million euros ( $18 million.)
The bank was nationalized to prevent bankruptcy in 2009 and its assets are being sold to pay off creditors.
Lawyers for both men say they are appealing the verdict and sentence.
A third man whom the court did not name also was found guilty and given a suspended prison term.
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Court document: Hawaii mother’s body parts found in freezer
Court Watch |
2017/04/15 00:17
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A Hawaii man accused of killing his mother months ago stuffed her dismembered body parts in seven plastic bags in the kitchen freezer of the Waikiki apartment they shared, according to court documents made public Monday.
Yu Wei Gong has been charged with second-degree murder in the death of Liu Yun Gong.
He called 911 on April 11 and said: “’I killed my Mom,’” according to a detective’s affidavit supporting an arrest warrant. When officers arrived and could not find the woman, Gong told them she was “in the fridge,” the complaint said.
An officer found what appeared to be body parts.
“Another covered object in the freezer felt to a different officer like a human leg and foot,” the complaint said.
Yu Wei Gong didn’t speak or enter a plea during a brief court appearance Monday. Deputy Public Defender Diamond Grace requested a Mandarin interpreter for his preliminary hearing, scheduled for Wednesday. He remained in custody with bail set at $2 million.
Grace didn’t immediately return a phone message seeking comment after the hearing.
Authorities say Yu Wei Gong told officers that he accidentally killed his mother in September after she became angry when the 26-year-old said he wanted to work instead of going to school.
Deputy Medical Examiner Dr. Rachel Lange determined Liu Yun Gong had suffered blunt force injuries to the head, the complaint said. Her identity was confirmed by comparing fingerprints to those on file under her Hawaii driver’s license.
The manager of the apartment building where they lived told police he had not seen the man’s mother since before Christmas, the complaint said.
It said Liu Yun Gong did not show up for work on Aug. 21, 2016. When a supervisor called her phone, it went unanswered. Yu Wei Gong called the supervisor the next day, saying his mother was on another Hawaiian island and had left her phone at home.
Three women watched the hearing and said outside court they wanted to support Gong spiritually because he had attended their church. |
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Newest justice joins high court amid competing caricatures
Court Watch |
2017/04/13 01:13
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Somewhere between the Republican caricature of the next justice of the Supreme Court as a folksy family guy and the Democrats' demonization of him as a cold-hearted automaton, stands Neil Gorsuch.
Largely unknown six months ago, Gorsuch has seen his life story, personality and professional career explored in excruciating detail since he was nominated by President Donald Trump 10 weeks ago.
The portrait that emerges is more nuanced than the extremes drawn by his supporters and critics.
Gorsuch is widely regarded as a warm and collegial family man, boss and jurist, loyal to his employees and kind to those of differing viewpoints. He also has been shown to be a judge who takes such a "rigidly neutral" approach to the law that it can lead to dispassionate rulings with sometimes brutal results.
Four times during his confirmation hearings, Gorsuch invoked a "breakfast table" analogy, telling senators that good judges set aside what they have to eat — and their personal views — before they leave the house in the morning to apply the law and nothing else to the facts of the cases at hand. It was all part of Gorsuch's artful effort to reveal as little as possible of his own opinions. |
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Official: Man accused in store attack misses court hearing
Court Watch |
2017/04/12 01:13
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Authorities say a jailed North Carolina man facing accused of an arson attack on an immigrant-owned store didn't appear in court as planned because he's being disciplined.
An appearance scheduled Tuesday for 32-year-old Curtis Flournoy has been reset for April 21, when the suspect will have a bond hearing.
Mecklenburg County Assistant District Attorney Alana Byrnes said he didn't know what led to Flournoy's being placed on disciplinary detention.
Flournoy remains jailed on a $35,000 bond on charges, including ethnic intimidation and burning a commercial building. It's not clear if he has an attorney.
Authorities say a fire was set Thursday but burned itself out at a market selling goods from the Indian subcontinent. No one was hurt, and authorities said a threatening note was left on the scene. |
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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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