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Iraq's federal court rules against prime minister's reforms
Court Watch |
2016/10/14 22:32
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Iraq's federal court ruled on Monday that Prime Minister Haider al-Abadi's move to abolish the largely ceremonial posts of the country's vice president and deputy prime minister is unconstitutional.
Under Iraq's constitution, abolishing the posts would require the approval of an absolute majority in parliament followed by a national referendum, the court said in a statement.
The decision, which is binding for the Iraqi government, was a slap for al-Abadi, who canceled the posts last year as part of a wide-ranging reform plan that was approved by his Cabinet and passed by Parliament. It was intended to shore up public support for his government in the face of widespread protests.
The cancellations were also an apparent attempt to consolidate power under al-Abadi's government in order to combat corruption and tackle the country's ballooning budget crisis, sparked in part because of a plunge in the price of oil over the past two years, government spokesman Saad al-Hadithi said.
"The return of the (vice president and the deputy prime minister) will affect the expenses of the state," al-Hadithi said.
The decision underscores the government's enduring weakness as Iraqi forces prepare to retake the city of Mosul from the Islamic State group. While the U.S.-led coalition has closely supported Iraq's security forces in the military fight against IS, coalition officials say the Iraqi government is responsible for enacting political reforms that will prevent IS from growing in power in Iraq once again.
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Supreme Court rejects Whitey Bulger appeal
Court Watch |
2016/10/03 12:20
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The Supreme Court has turned away James "Whitey" Bulger's appeal of his racketeering convictions and life sentence.
The justices did not comment Monday in leaving in place Bulger's convictions for playing a role in 11 murders and many other crimes.
The 87-year-old Bulger was a fugitive for 17 years until his arrest in 2011. A jury convicted him in 2013.
Bulger argued that the judge at his trial should have let him tell the jury that a now-dead federal prosecutor had granted him immunity from prosecution. The judge said Bulger hadn't offered hard evidence that such an agreement existed.
Bulger also contended that federal prosecutors failed to disclose "promises, rewards and inducements" made to John Martorano, a hit man who testified against the Boston gangster at his trial.
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USC football player accused of rape appears in Utah court
Court Watch |
2016/09/28 12:39
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A suspended University of Southern California football player charged with rape in Utah and facing allegations involving the same woman in California was ordered Friday not to contact the alleged victim.
Making his first court appearance for the Utah case, Osa Masina did not speak with reporters covering the event and responded only "Yes, sir" to a judge when asked if he understood the charges. Neither he nor his lawyer objected to the no-contact order.
Masina, 19, is accused of assaulting the woman after she passed out following a July party in Utah, according to charging documents. Los Angeles County prosecutors are also reviewing sexual assault allegations after police handed over the investigation, according to district attorney spokeswoman Jane Robison.
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Court gives fertilizer dealers a reprieve from policy change
Court Watch |
2016/09/27 22:19
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A court ruling has given farm fertilizer dealers a reprieve from a federal policy change that some say would unfairly burden the industry.
The Occupational Safety and Health Administration policy change announced last year would regulate retail dealers of farm fertilizer such as anhydrous ammonia under the same standards as manufacturers. It came after a deadly explosion at a Texas plant in 2013.
The Agricultural Retailers Association and The Fertilizer Institute say the change would affect 3,800 fertilizer retailers nationwide, costing them more than $100 million. The two organizations sued a year ago.
The change was to take effect this coming Saturday. But a federal appeals court has ruled that OSHA can't implement it without going through a formal rule-making process. |
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Court cites racial profiling in tossing gun charge
Court Watch |
2016/09/24 22:19
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The highest court in Massachusetts on Tuesday threw out a gun conviction against a Boston man in a ruling that says black men who flee when approached by police may be reacting to racial profiling rather than trying to hide criminal activity.
In its ruling, the Supreme Judicial Court found that Boston police had "far too little information" to stop Jimmy Warren after seeing him and another black man walking in Boston's Roxbury neighborhood about 30 minutes after they received a report of a home break-in in 2011.
Police had received only a vague description of three black males wearing dark clothing and hooded sweatshirts seen leaving the home. Warren ran when police approached him. After a foot chase, an officer arrested him in a backyard. He was charged with unlawful possession of a firearm after a handgun was found on the front lawn.
The SJC found that police did not have a reasonable suspicion to stop Warren and his friend, noting that an officer's hunch is not enough. The court cited a report by the Boston Police Department that found black men were disproportionately stopped and frisked by Boston police between 2007 and 2010. The court said black men in Boston who flee when approached by police does not necessarily indicate that they are guilty of a crime.
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Stepmom of scalded boy who died pleads guilty to murder
Court Watch |
2016/09/05 23:33
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A woman accused of holding her 4-year-old stepson in a scalding bath, covering his burns and not getting him medical care before he died was sentenced to at least 18 years in prison after pleading guilty to murder and other charges on Thursday.
A Warren County judge sentenced Anna Ritchie to 18 years to life in prison after she changed her plea from not guilty.
Ritchie was arrested after the March death of Austin Cooper. A detective said Ritchie told police that she put Austin's legs in extra-hot water as punishment because he didn't like baths and that she tried to hide his burns.
Her attorneys had tried unsuccessfully to have evidence from her interview with Franklin police detectives excluded from the case.
County Prosecutor David Fornshell alleged that Ritchie held Austin in extra-hot water for 20 to 25 minutes as he struggled, then put him to bed wearing pajamas and socks to cover his bleeding feet and burned skin, his arms cut where her fingernails had grasped him. His father found him dead in his crib more than 16 hours later, Fornshell said.
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Egypt court releases lawyer who defied president
Court Watch |
2016/08/28 14:41
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An Egyptian rights lawyer who had been held in solitary confinement for over 100 days after defying President Abdel-Fattah el-Sissi was released from jail Sunday on a court order.
Malek Adly, who was incarcerated on a rolling series of administrative detention orders, was freed after a court rejected an appeal by prosecutors a day earlier that had attempted to hold him longer over accusations that included attempting to overthrow the government.
"We don't know what will happen next — the case is still open and they could try to detain him again," said Adly's lawyer, Mahmoud Belal. "What's important though is that he is out."
Adly's supporters say authorities targeted him over a televised interview in which he objected to el-Sissi's decision in April to hand over two Red Sea islands to Saudi Arabia, implying that such a move was traitorous.
Along with other lawyers, Adly raised a court case against the handover, arguing that the islands were historically Egypt's, as opposed to the government's position that they had always been Saudi territory and were only placed under temporary Egyptian protection.
About two months after Adly was jailed, an Egyptian court backed his legal suit with a June 21 ruling ordering the island transfer canceled. The government has appealed, and the matter now awaits discussion by a new panel of judges.
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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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