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Top Pakistani court orders arrest of escaped police officer
Law Center |
2018/01/28 09:35
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Pakistan's Supreme Court gave police three days to arrest an absconding officer who is involved in killing an aspiring model in a 'fake shootout', a lawyer said Saturday.
Attorney Nazeer Mehsud says suspended police officer Rao Anwar did not appear at a hearing Saturday. Chief justice Mian Saqib Nisar ordered his arrest and asked the Sindh police chief to summon him before him.
Anwar is accused killing of an aspiring social media model, Naqeebullah Mehsud, in a controversial shootout earlier this month. Anwar had maintained that Mehsud was a militant belonging to the Tehreek-i-Taliban Pakistan group, without providing evidence to support the claim. He went into hiding when an investigation found Mehsud to be innocent and said the shootout was staged.
Sanaullah Abbasi, a senior police officer, earlier told The Associated Press that Naqeebullah Mehsud was not linked to militants as claimed by Anwar.
Anwar gained prominence in recent years for several shootouts with alleged terrorists in which neither him nor any of his team members were hurt. Mehsud, from Waziristan and a father of three, was the latest victim of Anwar's last shootout.
Mehsud's death triggered violent protests in his eastern Karachi and a protest sit-in by Mehsud tribe's is still ongoing. "My son Naqeeb was innocent, he was righteous. Rao Anwar is a tyrant who killed my son," said Muhammad Ahmed Mehsud, Mehsud's father, adding that he was overwhelmed by the support he received for his son. |
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Pennsylvania GOP take gerrymandering case to US high court
Law Center |
2018/01/27 09:35
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Pennsylvania's top Republican lawmakers asked the U.S. Supreme Court on Thursday to stop an order by the state's highest court in a gerrymandering case brought by Democrats that threw out the boundaries of its 18 congressional districts and ordered them redrawn within three weeks.
Republicans who control Pennsylvania's Legislature wrote that state Supreme Court justices unconstitutionally usurped the authority of lawmakers to create congressional districts and they asked the nation's high court to put the decision on hold while it considers their claims.
The 22-page argument acknowledged that "judicial activism" by a state supreme court is ordinarily beyond the U.S. Supreme Court's purview. But, it said, "the question of what does and does not constitute a 'legislative function' under the Elections Clause is a question of federal, not state, law, and this Court is the arbiter of that distinction."
Justice Samuel Alito, who handles emergency appeals from Pennsylvania, could ask the registered Democratic voters on the other side of the case to respond. Alito could act on his own, though the full court generally gets involved in cases involving elections. An order could come in a matter of days, although there is no deadline for the justices to act.
Pennsylvania's congressional districts are criticized as among the nation's most gerrymandered. Its case is happening amid a national tide of gerrymandering cases from various states, including some already under consideration by the U.S. Supreme Court.
Election law scholars call the Republicans' request for the U.S. Supreme Court's intervention a long shot.
They say they know of no other state court decision throwing out a congressional map because of partisan gerrymandering, and the nation's high court has never struck down an electoral map as a partisan gerrymander. |
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Court rules that Kushner firm must disclose partners' names
Law Center |
2018/01/23 09:37
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A federal judge ruled Friday that the family company once run by Jared Kushner isn't allowed to keep secret the identity of its business partners in several Maryland properties.
A U.S. district judge in the state rejected the argument that the privacy rights of the Kushner Cos. partners outweigh the public interest in obtaining judicial records in a lawsuit before the court. The decision means the company tied to President Donald Trump's son-in-law might be forced to provide a rare glimpse into how it finances its real estate ventures.
The ruling backed the argument by The Associated Press and other news organizations that the media has a "presumptive right" to see such court documents and the Kushner Cos. had not raised a "compelling government interest" needed by law to block access.
U.S. District Court Judge James K. Bredar ruled that Westminster Management, a Kushner Cos. subsidiary, must file an unsealed document with the identity of its partners by Feb. 9.
The ruling stems from a lawsuit filed by tenants last year alleging Westminster charges excessive and illegal rent for apartments in the state. The lawsuit seeks class-action status for tenants in 17 apartment complexes owned by the company.
Westminster has said it has broken no laws and denies the charges.
In addition to its privacy argument, the Kushner subsidiary had said media reports of the Maryland dispute were "politically motivated" and marked by "unfair sensationalism." Disclosure of its partners' names would trigger even more coverage and hurt its chances of getting an impartial decision in the case, it had said.
In Friday's ruling, the judge said these are not "frivolous concerns," but the public's right to know is more important. |
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Court rules Puigdemont must return to Spain for re-election
Law Center |
2018/01/22 09:36
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Spain's top court said Saturday that Catalonia's fugitive ex-president must return to the country and be present in the regional parliament to receive the authority to form a new government.
The Constitutional Court ruled that a session of Catalonia's parliament scheduled for Tuesday would be suspended if former leader Carles Puigdemont tries to be re-elected without being physically present in the chamber.
The court also said that Puigdemont must seek judicial authorization to attend the session.
Catalonia's separatist lawmakers have been considering voting Puigdemont back in as regional chief without him returning from Belgium, weighing options that included another parliament member standing in for him or him addressing the lawmakers via video.
The separatist leader fled Spain after the regional parliament made an unsuccessful declaration of independence on Oct. 27 in violation of Spain's Constitution. He is wanted in Spain on possible rebellion and sedition charges and is likely to be arrested if he returns.
The court, in a unanimous decision of the 11 magistrates present, said that the investiture of Puigdemont would be suspended without the previous authorization of a judge, "even if he is physically in the chamber."
That specification comes amid speculation that Puigdemont could try to slip back into Spain and sneak past police into the Barcelona-based parliament to be re-elected. Spain's Interior Minister, Juan Ignacio Zoido, said this week that police were increasing surveillance to ensure that doesn't happen.
The court also ruled that neither Puigdemont nor the four other former members of his Cabinet who also fled to Belgium to avoid a judicial summons three months ago could delegate their vote for Tuesday's session in another candidate.
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Florida and Georgia taking water fight to Supreme Court
Law Center |
2018/01/06 22:51
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Reminders of the oyster's pre-eminence in this slice of northwestern Florida are everywhere, from the shells that line the edges of downtown buildings to the paintings of oysters that dot the walls of Apalachicola's art and history museum.
It's the oysters themselves that are harder to find these days, and Florida is hoping the Supreme Court can help fix that. The high court hears arguments Monday in the long-running dispute between Florida and neighboring Georgia over the flow of water in the Apalachicola River, which runs from the state line to Apalachicola Bay and the nearby Gulf of Mexico.
Florida sued Georgia in the Supreme Court in 2013, blaming farmers and booming metro Atlanta for low river flows that harmed the environment and fisheries dependent on fresh water entering the area. Florida portrays the case as its last chance to "stem Georgia's inequitable consumption" of water from the Chattahoochee and Flint rivers in Georgia, leaving too little by the time the rivers come together and pass into Florida.
"It is effectively strangling the Apalachicola Region and killing or threatening its animal and plant life," Florida said in its Supreme Court brief. Although the justices usually hear appeals, lawsuits between states start in the Supreme Court.
Georgia said Florida has failed to show that it would benefit from any cuts imposed on Georgia, pointing to the conclusion of a court-appointed special master who recommended that the justices side with Georgia. Georgia also said Florida is asking for unreasonable reductions that would "threaten the water supply of 5 million people in metropolitan Atlanta and risk crippling a multibillion-dollar agricultural sector in southwest Georgia."
Complicating the issue is the absence from the lawsuit of the U.S. Army Corps of Engineers, which manages dams on the Chattahoochee River. |
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Commission to recommend pretrial reforms for Illinois courts
Law Center |
2017/12/24 02:20
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Key players in the Illinois court system are set to scrutinize pretrial processes statewide to identify ways to make them fairer and more transparent.
The Illinois Supreme Court says the focal point of the push for reforms will be a Commission on Pretrial Practices. It’ll include everyone from judges and lawyers to legislators and court clerks.
Chief Justice Lloyd Karmeier said in a statement last week that the aim is to enact “sensible and practical reforms” that, among other things, ensure pretrial detention is ordered only when a suspect poses a clear threat.
He says the commission’s goal will be to understand “where the greatest problems lie” and “how those problems differ from jurisdiction to jurisdiction.” He didn’t say when the commission hoped to release its recommended reforms.
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Myanmar court sentences 4 family members in maid abuse
Law Center |
2017/12/19 02:21
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A court in Myanmar sentenced four members of a family to as much as 16 years in prison with hard labor on Friday after finding them guilty of enslaving and abusing their two teenage maids, in a case that has prompted widespread public outrage over the girls' treatment.
The two girls were 11 and 12 when they were sent to the city from their poor village in Myanmar's delta to work as maids for a family that owned a tailor shop. Five years later, a local journalist heard allegations of child abuse at the shop and investigated, pretending he wanted a suit. He wrote an article about the girls' broken fingers and scars from cuts, burns and beatings.
Police then investigated and arrested six family members who were accused of locking up and torturing the girls for five years, stabbing them with scissors and knives, and burning them with an iron. They were charged with assault and violations of anti-trafficking and child protection laws.
After a trial lasting more than a year, a district court in Yangon, Myanmar's largest city, on Friday sentenced the mother, Tin Thuzar, to 16 years and one month and two adult children to 13 years and one month, defense lawyer Hnin Su Aung said. The husband of one of the children also received a sentence of 13 years and one month. |
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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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