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German court mulls jail for some over Munich air pollution
Law Promo News |
2018/08/26 20:16
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A German newspaper reports that judges are considering jailing senior Bavarian officials for failing to take action against air pollution in Munich, home to automaker BMW.
Daily Sueddeutsche Zeitung reported Monday that the southern German state's administrative court believes jailing officials may be the most effective way of forcing the Bavarian government to enforce emissions-cutting measures.
Munich topped the ranks of 65 German cities that exceeded levels of harmful particles last year. Bavarian officials have refused to impose measures in the state capital — such as limited bans on driving diesel vehicles — despite heavy fines.
According to the report, Bavarian judges want to seek legal guidance from the European Court of Justice on whether jailing officials — including state Environment Minister Marcel Huber and Governor Markus Soeder — would be permissible.
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Kushner firm seeks court change to keep partners secret
Law Promo News |
2018/02/10 15:27
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The family real estate company once run by presidential adviser Jared Kushner is shifting a federal court case to a new venue so it won't have to reveal the identities of foreign partners behind some of its real estate projects.
With a deadline approaching within hours, the Kushner Cos. filed papers in federal court Friday to move the case involving Maryland apartment complexes it owns with foreign investors back to state court. A federal district court judge ruled last month that the Kushners had to identify its partners by Friday, rejecting arguments from the family company that such disclosures would violate privacy rights.
The Kushner Cos. had also argued that media coverage of the case was "politically motivated" and marked by "unfair sensationalism" given that the company was once run by Jared Kushner, now a senior adviser to his father-in-law, President Donald Trump.
The case has attracted media attention because it promised a rare glimpse into how New York-based Kushner Cos. raises money for its real estate projects, revealing ties to lenders and investors who could possibly raise conflict-of-interest issues.
The fight over disclosure in federal court stems from a lawsuit that started out in Maryland state court last year on an entirely different matter. That lawsuit was brought by tenants alleging a Kushner Cos. affiliate called Westminster Management charges excessive and illegal rent for apartments. It sought class-action status for tenants in 17 apartment complexes. Westminster has said it has broken no laws and denies the charges. |
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Trump choosing white men as judges, highest rate in decades
Law Promo News |
2017/11/12 08:23
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President Donald Trump is nominating white men to America's federal courts at a rate not seen in nearly 30 years, threatening to reverse a slow transformation toward a judiciary that reflects the nation's diversity.
So far, 91 percent of Trump's nominees are white, and 81 percent are male, an Associated Press analysis has found. Three of every four are white men, with few African-Americans and Hispanics in the mix. The last president to nominate a similarly homogenous group was George H.W. Bush.
The shift could prove to be one of Trump's most enduring legacies. These are lifetime appointments, and Trump has inherited both an unusually high number of vacancies and an aging population of judges. That puts him in position to significantly reshape the courts that decide thousands of civil rights, environmental, criminal justice and other disputes across the country. The White House has been upfront about its plans to quickly fill the seats with conservatives, and has made clear that judicial philosophy tops any concerns about shrinking racial or gender diversity.
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Supreme Court justice blocks ruling on redrawing Texas districts
Law Promo News |
2017/08/24 00:16
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U.S. Supreme Court Justice Samuel Alito on Monday temporarily halted enforcement of a lower-court ruling that required two Texas congressional districts to be redrawn.
Responding to an appeal by Texas Attorney General Ken Paxton, Alito halted action on the order and gave those who challenged the districts until Sept. 5 to address the points raised by Paxton’s appeal.
Sept. 5 is the day the three-judge court was to hold a hearing in San Antonio on redrawing the districts, including one based in Travis County and another that includes Bastrop County.
The court ruled two weeks ago that the districts were created by the Republican-controlled Legislature to intentionally discriminate against minority voters, who tend to favor Democrats.
Top NC court weighs lawmakers stripping of governor's powers
North Carolina's highest court on Monday tackled the question of how far the Republican-led legislature can go to minimize new Democratic Gov. Roy Cooper's ability to pursue goals that helped him get elected last year by reshaping state government.
The state Supreme Court heard arguments in a lawsuit brought by Cooper that claims legislators violated North Carolina's constitution this spring by passing a law diminishing the governor's role in managing elections.
It's the first time the high court has waded into the ongoing political battle between lawmakers and Cooper that began after he narrowly beat incumbent Republican Gov. Pat McCrory last November. GOP lawmakers have sought to diminish Cooper's powers ever since.
The governor's lawyers told the seven-member court that the General Assembly violated the constitution's separation of powers requirement by reshaping the state elections board in ways that entrench Republican advantage. Elections boards are examples of the types of bodies that implement laws, functions that the state constitution requires from governors.
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Moscow court orders paper to refute a report on Rosneft CEO
Law Promo News |
2016/10/11 22:32
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A court in Moscow has ordered a leading independent newspaper to retract an article about a luxury yacht allegedly owned by the chief of Russia's top state-controlled oil company. retract
The Basmanny District Court ruled Monday that the Novaya Gazeta report linking Rosneft Chairman Igor Sechin to the St. Princess Olga yacht was untrue.
The newspaper used social media and ship tracking data to allege that Sechin was the yacht's possible owner, but the court ruled that the allegations were unfounded.
Sechin has been a close associate of Russian President Vladimir Putin. He served as a deputy prime minister before taking helm of the giant Rosneft oil company.
Last month, another Moscow court ordered the business daily Vedomosti to withdraw a report about a mansion it claimed belonged to Sechin.
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Court in Russia-annexed Crimea bans Tatar assembly
Law Promo News |
2016/05/04 22:54
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The Supreme Court in the Russia-annexed peninsula Crimea on Tuesday banned a Crimean Tatar group in the latest step to marginalize the minority.
Crimea's prosecutor Natalya Poklonskaya who personally lodged the lawsuit welcomed the ruling against the Mejlis, an assembly of Tatar community leaders.
"This decision aims to ensure stability, peace and order in the Russian Federation," she told Russian news agencies after the hearing.
Crimean Tatars, who suffered a mass deportation at the hands of Soviet authorities in 1944, seemed to be the only organized force within Crimea to oppose Russia's annexation of the Ukrainian peninsula in 2014. Tuesday's ban follows months of persecution, expulsions and jailing of prominent Tatar leaders as well as rank-and-file protesters.
Six people are now on trial in the city Simferopol on charges of rioting dating back to fist fights between rival rallies of a pro-Russian party and Crimean Tatars on Feb. 26, 2014 which preceded the hastily called referendum to secede from Ukraine. Not a single pro-Russian protester has faced charges.
Russia's Justice Ministry earlier this month ruled the Mejlis was an extremist group, paving the way for the outright ban of the group that represents up to 15 percent of the Crimean population.
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High court nominee praises lawyers for helping the poor
Law Promo News |
2016/04/21 10:18
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Supreme Court nominee Merrick Garland praised lawyers for their work with low-income Washingtonians Thursday in his first public remarks since his nomination last month.
Garland was on familiar turf, speaking at the federal courthouse in Washington, where he is chief judge of the appeals court.
Giving people living in poverty access to the courts is critical for society, Garland said. "Without equal justice under law," Garland said, using the phrase engraved above the entrance to the Supreme Court, "faith in the rule of the law, the foundation of our civil society, is at risk."
Garland's nomination is stalled in the Senate, where GOP leaders say the next president should choose the replacement for the late Justice Antonin Scalia. He has met with roughly 40 senators so far, with no sign that Republicans will allow hearings on his nomination, much less a vote.
At those meetings, Garland has typically said nothing for public consumption.
His appearance Thursday was part of the White House's effort to familiarize the country with the nominee by having him speak on a noncontroversial topic, free legal assistance for the poor.
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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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