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Liberia court says presidential runoff vote can go ahead
Headline Legal News |
2017/12/01 10:14
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Liberia's supreme court has cleared the way for the presidential runoff election to go forward, saying there was not enough evidence to support allegations of fraud.
The second-round vote between soccer star George Weah and Vice President Joseph Boakai had been put on hold after the Liberty Party alleged first-round voting irregularities.
But the court said Thursday those violations were not sufficient to overturn the vote's outcome.
No date has been set for the runoff vote. The National Elections Commission has been ordered to clean up its voter roll.
The Liberty Party's candidate was not among the top two finishers in the first round held Oct. 10.
Voters are choosing a replacement for President Ellen Johnson Sirleaf, Africa's first female leader and a Nobel Peace Prize laureate. |
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Court asked to stop suit against prosecutor in man's death
Court Line News |
2017/11/24 10:14
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A lawyer for Baltimore's top prosecutor asked a federal appeals court Wednesday to dismiss a lawsuit by five police officers who claim she maliciously prosecuted them in the death of a black man gravely injured in custody.
Assistant Attorney General Karl Pothier told the three-judge panel that as a prosecutor, Marilyn Mosby has immunity from the lawsuit filed by officers who were charged but later cleared in the arrest and death of Freddie Gray. Pothier urged the 4th U.S. Circuit Court of Appeals to overturn a judge's decision to allow parts of the lawsuit to go to trial.
"A prosecutor's protective cloak of absolute immunity is not so easily removed," Pothier said.
Lawyers for the officers, however, said Mosby acted as an investigator — not simply as a prosecutor — and is therefore not immune from the lawsuit.
Gray, 25, died on April 19, 2015, from a fatal spinal injury suffered in a police van, prompting days of widespread protests and rioting. While tensions were still smoldering in Baltimore, Mosby charged six officers in Gray's arrest and death, an announcement that brought celebrations in the streets.
Three were ultimately acquitted and Mosby dropped the remaining cases.
On Wednesday, Judge J. Harvie Wilkinson III grilled the officers' lawyers about why they should be allowed to sue Mosby for bringing criminal charges against them and holding a news conference to announce the charges.
"What we're talking about here is muzzling prosecutors who have publicly expressed grounds for prosecuting police officers," said Wilkinson, who repeatedly raised his voice while questioning the officers' lawyers. |
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Steve Mostyn, Houston attorney and major Dem donor, dies
Topics in Legal News |
2017/11/17 16:09
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Steve Mostyn, a prominent Houston trial attorney and a top Democratic Party donor, has died. He was 46.
In a statement, his family confirmed Thursday his death on Wednesday "after a sudden onset and battle with a mental health issue."
"Steve was a beloved husband and devoted father who adored his children and never missed any of their sporting events," the statement reads. "He was a true friend, and a faithful fighter for those who did not have a voice."
"Steve touched countless lives. Many friends and colleagues in Texas and throughout the country have reached out during this painful time. Our family is requesting privacy . . . The details of a celebration of Steve's life will be announced at a later date."
"In honor of Steve's life and legacy, please consider supporting the important work of the Mostyn Moreno Foundation or the Special Olympics of Texas. If you or a loved one are thinking about suicide, or experiencing a health crisis, call the National Suicide Prevention Lifeline right now."
Born John Steven Mostyn in Whitehouse, a small town in East Texas, just southeast of Tyler, Mostyn graduated from the South Texas College of Law in 1996 and joined a Houston firm. Soon, he went on his own to create what he called "a uniquely different Texas law firm" -- Mostyn Law -- that focused on corporate negligence and wrongdoing. |
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Free Speech Is Starting to Dominate the US Supreme Court's Agenda
Legal News |
2017/11/16 16:09
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To get the Supreme Court's attention these days, try saying your speech rights are being violated.
Whether the underlying topic is abortion, elections, labor unions or wedding cakes, the First Amendment is starting to dominate the Supreme Court's agenda.
The court on Monday granted three new speech cases, including a challenge to a California law that requires licensed pregnancy-counseling clinics to tell patients they might be eligible for free or discounted abortions. The nine-month term now features six cases, out of 44 total, that turn on the reach of the Constitution's free speech guarantee.
Several will be among the term's most closely watched. They include a high-profile fight over a Colorado baker who refuses to make cakes for same-sex weddings and a challenge to the requirement in some states that public-sector workers pay for the cost of union representation. Both of those cases offer the prospect of ideological divides that could put the court's five Republican appointees in the majority, backing free speech rights.
Free speech also plays a central role in what could be a watershed case involving partisan voting districts. The court's liberals could join with Justice Anthony Kennedy to allow legal challenges to partisan gerrymanders for the first time. During arguments in October, Kennedy suggested those challenges would be based on the First Amendment's protections for speech and free association.
The free speech clause has had a special resonance with the court's conservative wing under Chief Justice John Roberts. The court invoked the First Amendment in the landmark 2010 Citizens United decision, which said corporations could spend unlimited sums on political causes. Writing for the five-justice majority, Kennedy equated federal spending restrictions with using "censorship to control thought."
The court has also backed speech rights with more lopsided majorities in cases involving violent video games, depictions of animal cruelty, abortion-clinic buffer zones and anti-homosexual protesters.
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German Court: Kuwait Airways Can Refuse Israeli Passengers
Legal Interview |
2017/11/16 16:09
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A German court ruled Thursday that Kuwait's national airline didn't have to transport an Israeli citizen because the carrier would face legal repercussions at home if it did.
The Frankfurt state court noted in its decision that Kuwait Airways is not allowed to have contracts with Israelis under Kuwaiti law because of the Middle Eastern country's boycott of Israel.
The court said it didn't evaluate whether "this law make sense," but that the airline risked repercussions that were "not reasonable" for violating it, such as fines or prison time for employees.
An Israeli citizen, who was identified in court papers as Adar M., a student living in Germany, sued Kuwait Airways after it canceled his booking for a flight from Frankfurt to Bangkok that included a stop-over in Kuwait City.
The cancellation came a few days before M.'s scheduled departure in August 2016 when he revealed he had an Israeli passport. The airline offered to book him on a nonstop flight to Bangkok with another carrier.
The man refused the offer and filed the lawsuit, seeking compensation for alleged discrimination. He also insisted the airline should have to accept him as a passenger.
The court rejected his discrimination claim ruling that German law covers discrimination based on race, ethnicity or religion, but not nationality.
Germany's Central Council of Jews condemned the ruling, calling it "unbearable that a foreign company operating based on deeply anti-Semitic national laws is allowed to be active in Germany."
Frankfurt Mayor Uwe Becker expressed a similar view. "An airline that practices discrimination and anti-Semitism by refusing to fly Israeli passengers should not be allowed to takeoff or land in Frankfurt," Becker said.
Courts in the United States and Switzerland previously have ruled in favor of plaintiffs in comparable cases, the German news agency dpa reported. |
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Kenya court set to hear petitions challenging repeat vote
Attorney News |
2017/11/14 16:08
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Kenya's Supreme Court is poised to hear petitions challenging President Uhuru Kenyatta's re-election in a repeat presidential poll.
The court made history when it nullified Kenyatta's re-election in August. It cited irregularities and illegalities in the vote count and the electoral commission's failure to allow scrutiny of its servers to dispel opposition leader Raila Odinga's claim of fraud. It then ordered a new vote.
There are concerns about intimidation after the court failed to find a quorum to consider a petition seeking to postpone the repeat presidential election on Oct. 26, a day after a bodyguard of one of the judges was shot.
Politician Harun Mwau and activists Njonjo Mue and Khelef Khalifa seek to nullify the Oct. 26 election, which Odinga boycotted citing lack of electoral reforms.
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