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A Colorado man of missing Colorado woman in court
Headline Legal News |
2018/12/24 12:29
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A Colorado man suspected of killing his fiance has made his first court appearance. Patrick Frazee appeared by teleconference at a Teller County District Court hearing. Frazee was arrested earlier Friday in the disappearance of 29-year-old Kelsey Berreth. Authorities say the 32-year-old Frazee faces charges of first-degree murder and solicitation of murder.
Berreth was last seen in the Colorado town of Woodland Park on Thanksgiving Day. KOAA-TV reports a public defender was appointed for Frazee.
Officials say the daughter of woman her fiance is suspected of killing will live with the woman's family. Woodland Park police Chief Miles de Young said the family of 29-year-old Kelsey Berreth does not want to comment.
He told reporters Friday that Berreth's cellphone was found in Idaho and that investigators are working to recover it. The fiance, Patrick Frazee, was charged with the murder of Berreth and solicitation to commit murder.
The two lived separately and De Young says authorities have evidence suggesting the killing happened at Berreth's home in Woodland Park, in central Colorado.
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Cancer the latest health woe for resilient Justice Ginsburg
Attorney News |
2018/12/24 12:27
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Justice Ruth Bader Ginsburg is resting in a New York hospital following surgery to remove two malignant growths in her left lung, the third time the Supreme Court’s oldest justice has been treated for cancer and her second stay in a hospital in two months.
Worries over Ginsburg’s health have been a constant of sorts for nearly 10 years, and for liberals, particularly in the last two. Ginsburg, the leader of the court’s liberal wing and known to her fans as the Notorious RBG, has achieved an iconic status rare for Supreme Court justices.
If she did step down, President Donald Trump would have another opportunity to move a conservative court even more to the right. “Wishing Supreme Court Justice Ruth Bader Ginsburg a full and speedy recovery!” Trump tweeted after the court’s announcement Friday.
But Ginsburg has always bounced back before, flaunting her physical and mental fitness. After past health scares, she has resumed the exercise routine popularized in a book written by her personal trainer and captured in a Stephen Colbert video. Weeks after cracking three ribs in a fall at the Supreme Court in November, the 85-year-old Ginsburg was asking questions at high court arguments, speaking at a naturalization ceremony for new citizens and being interviewed at screenings of the new movie about her, “On the Basis of Sex.”
Ginsburg will remain in the hospital for a few days, the court said. She has never missed arguments in more than 25 years as a justice. The court next meets on Jan. 7.
While it’s hard to refer to good luck and cancer diagnoses in the same breath, this is the second time for Ginsburg that cancerous growths have been detected at an apparently early stage through unrelated medical tests.
The nodules on her lung were found during X-rays and other tests Ginsburg had after she fractured ribs in a fall in her Supreme Court office on Nov. 7, the court said. In 2009, routine follow-up screening after Ginsburg’s colorectal cancer 10 years earlier detected a lesion on her pancreas. Doctors operated and removed the growth they’d previously spotted, plus a smaller one they hadn’t seen before. The larger growth was benign, while the smaller one was malignant.
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Appeals court agrees to hear case involving Trump DC hotel
Headline Legal News |
2018/12/22 12:31
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A federal appeals court agreed Thursday to take up a case accusing Donald Trump of profiting off the presidency in violation of the U.S. Constitution, giving the president's legal team its first major victory in the case.
The order issued by the U.S. Court of Appeals for the Fourth Circuit in Richmond, Virginia, hits the pause button on the ongoing federal court case in Maryland before deadlines to respond to subpoenas issued earlier this month seeking tax returns, receipts and other records from 13 Trump businesses and other entities.
It came just three days after Justice Department lawyers filed papers seeking a writ of mandamus appeal, criticizing U.S. District Judge Peter J. Messitte and arguing that that the "intrusive" discovery that has already begun would distract the president from his performance of his constitutional duties and could cause separation of powers concerns.
For Justice to succeed at the appeals level, they must meet a demanding standard that would partly rest on showing Messitte's decisions to be clearly wrong.
The lawsuit brought by the attorneys general of Maryland and the District of Columbia alleges that because Trump has not divested himself of his business holdings, foreign and domestic government spending at Trump's Washington hotel amounts to gifts to the president in violation of the Constitution's emoluments clause.
Oral arguments before the three-judge appeals court are scheduled for March, delaying what had been a brisk discovery schedule set in the district court by several months. The order also notes that lawyers should be prepared to also address substantive issues such as whether the plaintiffs in the case can even sue and, if victorious, compel the president to stop violating the Constitution.
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Fight over report on Wynn allegations back in court Jan. 4
Headline Legal News |
2018/12/21 12:31
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The fight over a Massachusetts Gaming Commission report on allegations of sexual misconduct against former casino mogul Steve Wynn will be back in a Nevada courtroom next month.
Clark County District Judge Elizabeth Gonzalez on Thursday set a Jan. 4 court hearing on whether to extend an order blocking the report's release. It details an investigation into how Wynn Resorts handled the allegations and could affect whether the company keeps a gambling license for a $2 billion casino and hotel set to open near Boston in June.
Wynn has denied allegations of misconduct and sued last month to keep the report from going public. He argued that it contains confidential information obtained from his attorneys, which is protected by attorney-client privilege.
Wynn resigned from his company in February, and his name has been stripped from the new casino. It is now called Encore Boston Harbor.
Wynn Resorts attorney Patrick Byrne said Thursday that the company supports the investigation and is cooperating with Massachusetts regulators.
Ahead of the January hearing, Wynn's attorneys are negotiating with Wynn Resorts and the Massachusetts Gaming Commission over what interviews and documents his lawyers can review to determine if they're privileged.
The Nevada judge is expected to rule on areas where the attorneys can't agree.
The gaming commission's attorney, Michael Rawlins, questioned how much access Wynn should be given and whether the ex-mogul's lawyers would seek to review even more elements of the unpublished report.
Rawlins said in court Thursday that the commission wants to move forward quickly but "we do not want to open the investigative files of a law enforcement agency to the curious eyes of the person whose behavior is the subject of the investigation."
Judge Gonzalez said she understood why the commission was reluctant to share its information but that some documents needed to be disclosed to determine whether Wynn's attorney-client privilege was violated. |
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Uber loses UK case on worker rights, expected to appeal
Legal News |
2018/12/19 10:58
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Lawyers say the taxi hailing app Uber has lost its appeal against a ruling that its drivers should be classed as workers in a case with broad implications for the gig economy.
Law firm Leigh Day says Britain's Court of Appeal upheld an earlier ruling that found the company's drivers are workers, not independent contractors and therefore should receive the minimum wage and paid holidays. Uber is expected to appeal.
Though the company argued that the case applies to only two drivers, Uber has tens of thousands of drivers in the U.K. who could argue they deserve the same status as the former drivers covered by decision. The court says some 40,000 drivers use the platform in the U.K., though the company said the number had grown since the submission to 50,000.
San Francisco-based Uber has expanded rapidly around the world by offering an alternative to traditional taxis through a smartphone app that links people in need of rides with drivers of private cars. That has drawn protests from taxi drivers who say Uber and similar services are able to undercut them. |
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Dutch court upholds Amsterdam’s ban on new tourist stores
Legal Interview |
2018/12/18 11:00
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The Netherlands’ highest administrative court has upheld an Amsterdam municipality ban on new stores in the city’s historic heart that sell goods specifically to tourists.
The Council of State ruling Wednesday is a victory for the Dutch capital’s attempts to rein in the negative effects of the huge number of visitors crowding its streets.
The court says that the ban on new tourist stores in downtown Amsterdam, which went into force in October 2017, doesn’t breach European Union rules.
The ban is aimed at halting the spread of stores selling products like mementos and cheese that cater almost exclusively to tourists. The municipality argues that they spoil the city for local residents.
Millions of tourists visit Amsterdam every year, leading to overcrowding of its narrow, cobbled streets and resident complaints.
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