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Court allows public nuisance suits against 3 Alabama casinos
Court Line News |
2020/09/27 09:37
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Courts in two rural counties were wrong when they dismissed lawsuits filed by the state seeking to have three casinos declared public nuisances, the Alabama Supreme Court ruled Friday.
The decision meant the state can resume cases challenging operations at VictoryLand in Macon County as well as White Hall Entertainment and Southern Star Entertainment in Lowndes County.
Neither the state attorney general’s office nor an attorney on the side of a company involved with the casinos immediately replied to messages seeking comment.
The state, which has repeatedly attempted to shut down gambling halls with electronic games resembling slot machines, filed separate lawsuits in 2017 asking courts to declare that the casinos, located east and west of Montgomery, were public nuisances because they promoted illegal gambling.
The defendants asked courts to dismiss the lawsuits, arguing that state courts did not have the power to hear the cases and claiming the attempted shutdowns were wrong since the state did not include Wind Creek casinos operated by the Poarch Band of Creek Indians in the case.
A county judge sided with the casino operators and dismissed the Macon County lawsuit last year, and the justices considered both cases for purposes of appeal since they involved issues that were virtually identical.
In a 74-page opinion written by Associate Justice Kelli Wise, the court ruled the Poarch Band of Creek Indians, based in Atmore, was not an “indispensable party” to the dispute and did not have to be included in the complaints. A federal court has already barred the the state from trying to make public nuisance claims against the tribe's operations, Justice Brady Mendheim wrote in a separate opinion.
in Atmore, was not an “indispensable party” to the dispute and did not have to be included in the complaints. A federal court has already barred the the state from trying to make public nuisance claims against the tribe's operations, Justice Brady Mendheim wrote in a separate opinion.
While the county judges both determined they lacked the legal power to consider the cases, helping lead to the dismissals, the state argued the courts can consider the suits. The justices agreed and sent the cases back to circuit court.
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Senate GOP plans vote on Trump’s court pick before election
Court Line News |
2020/09/22 21:58
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Votes in hand, Senate Republicans are charging ahead with plans to confirm President Donald Trump’s pick to fill the late Justice Ruth Bader Ginsburg’s Supreme Court seat before the Nov. 3 election, launching a divisive fight over Democratic objections before a nominee is even announced.
Trump said Tuesday he will name his choice Saturday, confident of support. Democrats say it’s too close to the election, and the winner of the presidency should name the new justice. But under GOP planning, the Senate could vote Oct. 29.
“I guess we have all the votes we’re going to need,” Trump told WJBX FOX 2 in Detroit. “I think it’s going to happen.”
Republicans believe the court fight will energize voters for Trump, boosting the party and potentially deflating Democrats who cannot stop the lifetime appointment for a conservative justice . The Senate is controlled by Republicans, 53-47, with a simple majority needed for confirmation. The one remaining possible Republican holdout, Mitt Romney of Utah, said Tuesday he supports taking a vote.
Still, with early presidential voting already underway in several states, all sides are girding for a wrenching Senate battle over health care, abortion access and other big cases before the court and sure to further split the torn nation.
It is one of the quickest confirmation efforts in recent times. No court nominee in U.S. history has been considered so close to a presidential election. And it all comes as the nation is marking the grave milestone of 200,000 deaths from the coronavirus pandemic.
During a private lunch meeting Tuesday at Senate GOP campaign headquarters, several Republican senators spoke up in favor of voting before the election. None advocated a delay.
Elsewhere, as tributes poured in for Ginsburg with vigils and flowers at the court’s steps, Democrats led by presidential nominee Joe Biden vowed a tough fight. The Senate Democratic leader, Chuck Schumer, said “we should honor her dying wish,” which was that her seat not be filled until the man who wins the presidential election is installed, in January.
But that seemed no longer an option. So far, two Republicans have said they oppose taking up a nomination at this time, but no others are in sight. Under Senate rules, Vice President Mike Pence could break a tie vote. |
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Judges: Trump can’t exclude people from district drawings
Court Line News |
2020/09/10 10:28
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Saying the president had exceeded his authority, a panel of three federal judges on Thursday blocked an order from President Donald Trump that tried to exclude people in the country illegally from being counted when congressional districts are redrawn.
The federal judges in New York, in granting an injunction, said the presidential order issued in late July was unlawful. The judges prohibited Commerce Secretary Wilbur Ross, whose agency oversees the U.S. Census Bureau, from excluding people in the country illegally when handing in 2020 census figures used to calculate how many congressional seats each state gets.
According to the judges, the presidential order violated laws governing the execution of the once-a-decade census and also the process for redrawing congressional districts known as apportionment by requiring that two sets of numbers be presented ? one with the total count and the other minus people living in the country illegally.
The judges said that those in the country illegally qualify as people to be counted in the states they reside. They declined to say whether the order violated the Constitution.
“Throughout the Nation’s history, the figures used to determine the apportionment of Congress ? in the language of the current statutes, the ‘total population’ and the ‘whole number of persons’ in each State ? have included every person residing in the United States at the time of the census, whether citizen or non-citizen and whether living here with legal status or without,” the judges wrote.
Opponents of the order said it was an effort to suppress the growing political power of Latinos in the U.S. and to discriminate against immigrant communities of color. They also said undocumented residents use the nation’s roads, parks and other public amenities and should be taken into account for any distribution of federal resources.
The lawsuits challenging the presidential order in New York were brought by a coalition of cities, civil rights groups and states led by New York. Because the lawsuits dealt with questions about apportionment, it was heard by a three-judge panel that allows the decision to be appealed directly to the U.S. Supreme Court.
The judges agreed with the coalition that the order created confusion among undocumented residents over whether they should participate in the 2020 census, deterring participation and jeopardizing the quality of the census data. That harm to the census was a sufficient basis for their ruling and they didn’t need to rely on the speculation that a state would be hurt by possibly losing a congressional seat if people in the country illegally were excluded from apportionment, the judges said. |
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High Court in London backs Virgin Atlantic's rescue plan
Court Line News |
2020/09/01 09:10
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Virgin Atlantic’s 1.2 billion-pound ($1.6 billion) restructuring plan was approved Wednesday by the High Court in London, allowing the international airline to continue rebuilding its operations after the devastation caused by the coronavirus pandemic.
The deal, which has already been approved by creditors, must now be confirmed in the U.S. courts.
The airline announced the refinancing package in July to ensure its survival after passenger numbers dropped 98% in the second quarter. It includes 600 million pounds of support from the airline’s owners, Virgin Group and Delta Airlines, 450 million pounds of deferred payments to creditors and 170 million pounds of financing from U.S.-based Davidson Kempner Capital Management LP.
Virgin Atlantic, founded in 1984 by Richard Branson’s Virgin Group, has already cut 3,550 jobs, shuttered operations at London’s Gatwick Airport and announced plans to retire 11 aircraft as it seeks to weather the slowdown in air travel. The airline says it doesn’t expect passenger volume to return to pre-pandemic levels until 2023.
"Achieving this significant milestone puts Virgin Atlantic in a position to rebuild its balance sheet, restore customer confidence and welcome passengers back to the skies, safely, as soon as they are ready to travel,” the company said in a statement.
Delta invested $360 million in Virgin Atlantic in December 2012, acquiring a 49% stake in the airline. Virgin Group owns the remaining shares.
Virgin flies from London’s Heathrow Airport and Manchester to destinations in the U.S., China, India, Pakistan, South Africa, Nigeria, Israel and the Caribbean. |
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Huawei, ZTE lose patent appeal cases at UK Supreme Court
Court Line News |
2020/08/28 18:16
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Britain’s Supreme Court has dismissed two appeals by Chinese telecoms firms Huawei and ZTE over mobile data patent disputes.
The disputes center on the licensing of patented technology considered essential to mobile telecoms. The patents are meant to ensure fair competition and access to technology like 4G.
In the first case, Unwired Planet, an intellectual property company that licenses patents, had brought legal action against Huawei for infringement of five U.K. patents that Unwired acquired from Ericsson.
The second appeal concerned legal action brought by another patent licensing company, Conversant Wireless, against Huawei and ZTE for infringement of four of its U.K. patents.
The Supreme Court on Wednesday upheld lower court rulings on the cases and dismissed appeals by Huawei and ZTE.
In a statement, Conversant said the ruling was a landmark judgment that will have “significant implications worldwide” for telecommunications patent licensing.
The ruling meant that companies like Huawei cannot insist that patent holders like Conversant prove their patents in every jurisdiction of the world, which would be “both practically and economically prohibitive,” the company added. |
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1st Black woman confirmed to be justice on NJ high court
Court Line News |
2020/08/27 18:16
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The nomination of the first Black woman to sit on New Jersey’s Supreme Court was confirmed Thursday by the state Senate.
Fabiana Pierre-Louis, a 39-year-old attorney in private practice and a former federal prosecutor, was nominated by Democratic Gov. Phil Murphy in June to succeed Justice Walter Timpone. He was nominated to the court by former Republican Gov. Chris Christie in 2016 and will reach the mandatory retirement age of 70 later this year.
“Ms. Pierre-Louis is a New Jersey success story who will bring more diversity to the highest court of the most diverse state in the country,” said Senate President Steve Sweeney, also a Democrat. She is Murphy’s first pick for the high court.
The daughter of Haitian immigrants, Pierre-Louis was the first person to go to law school in her family. At the event in Trenton in June with Murphy, she seemed to get choked up talking about the role they played in her life.
“Many years ago, my parents came to the United States from Haiti with not much more than the clothes on their backs and the American dream in their hearts. I think they have achieved that dream beyond measure because my life is certainly not representative of the traditional trajectory of someone who would one day be nominated to the Supreme Court of New Jersey,” she said.
Pierre-Louis is a partner at Montgomery McCracken in Cherry Hill, where she is in the white collar and government investigations practice.
Before that, she served for nearly a decade as an assistant United States Attorney in New Jersey.
As part of that role, she served as the attorney-in-charge of the Camden branch office — the first woman of color to hold that a position, according to her biography on Montgomery McCracken’s website.
Murphy, a Democrat, said that Pierre-Louis would carry on the legacy of John Wallace, who was the last Black justice on the state’s highest court and who she clerked for.
Murphy lamented that Wallace was not renominated when his first term expired in 2010 — the first time that had happened under the state’s current constitution.
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