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Supreme Court opens pivotal term with Trump nominee in place
Legal News |
2017/10/07 09:03
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Disputes over a wedding cake for a same-sex couple and partisan electoral maps top the Supreme Court's agenda in the first full term of the Trump presidency. Conservatives will look for a boost from the newest justice, Neil Gorsuch, in a year that Justice Ruth Bader Ginsburg has said will be momentous.
President Donald Trump's travel ban appears likely to disappear from the court's docket, at least for now. But plenty of high-profile cases remain.
The justices will hear important cases that touch on gay rights and religious freedoms, the polarized American electorate, the government's ability to track people without search warrants, employees' rights to band together over workplace disputes and states' rights to allow betting on professional and college sporting events.
Last year, "they didn't take a lot of major cases because they didn't want to be deadlocked 4-to-4," said Eric Kasper, director of the Center for Constitutional Studies at the University of Wisconsin-Eau Claire. "This year, that problem doesn't present itself."
Gorsuch quickly showed he would be an ally of the court's most conservative justices, Clarence Thomas and Samuel Alito, most recently joining them in objecting to the court's decision to block an execution in Georgia.
While justices can change over time, Gorsuch's presence on the bench leaves liberals with a fair amount of trepidation, especially in cases involving the rights of workers.
The very first case of the term, set for arguments Monday, could affect tens of millions of workers who have signed clauses as part of their employment contracts that not only prevent them from taking employment disputes to federal court, but also require them to arbitrate complaints individually, rather than in groups. |
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Toys R Us files for Chapter 11 reorganization
Legal News |
2017/09/18 03:05
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Toys R Us, the pioneering big box toy retailer, has announced it has filed for Chapter 11 bankruptcy protection while continuing with normal business operations.
A statement by the Wayne, New Jersey-based company late Monday says it voluntarily is seeking relief in U.S. Bankruptcy Court for the Eastern District of Virginia in Richmond - and that its Canadian subsidiary is seeking similar protection through a Canadian court.
Toys R Us says court-supervised proceedings will help restructure its outstanding debt and reorganize for long-term growth.
The company says separate operations outside the U.S. and Canada, including more than 250 licensed stores and a joint venture partnership in Asia, are not part of the filings.
It emphasizes that its approximately 1,600 locations will remain open, that it will continue to work with suppliers and sell merchandise.
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French Designer Wins Court Case in Dispute with Brad Pitt
Legal News |
2017/08/19 08:59
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A French lighting designer has won a $600,000 court ruling in a dispute with Brad Pitt over a grandiose re-design of the chateau in Provence that he and Angelina Jolie shared.
But designer Odile Soudant isn’t stopping there. She says her business went under because of Pitt’s refusal to pay for costly architectural reveries, and she’s now fighting for the intellectual property rights to the Chateau Miraval’s lighting design.
Pitt’s representatives argue the project was late and over-budget and the design was Pitt’s brainchild – not hers.
Soudant’s legal actions are the latest challenge for Pitt, who is in protracted divorce proceedings with Jolie.
The couple stayed at the chateau when she gave birth to their twins in nearby Monaco in 2008, launched a wine venture from its vineyards and married there in 2014.
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Hailey attorney named to Idaho District Court bench
Legal News |
2017/08/14 08:32
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Central Idaho attorney Ned Williamson has been named the new judge in Idaho's 5th District Court.
Gov. C.L. "Butch" Otter selected Williamson, a Hailey resident, to replace recently retired Judge Robert Elgee in Blaine County.
The Times-News newspaper reports Williamson served as a deputy prosecutor in both Canyon and Blaine counties before opening his private law practice in 2001. Williamson was one of four candidates submitted to Otter for the judgeship.
Otter said Williamson's local experience will serve him well on the bench. Williamson said he's honored by the selection and will dedicate himself to being a fair and impartial judge.
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EU closer to sanctions on Poland over changes in judiciary
Legal News |
2017/07/20 22:51
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The European Union is coming closer to imposing sanctions on Poland for the government's attempt to take control over the judiciary, a senior official warned Wednesday, but he said the bloc was still open to dialogue.
European Commission Vice President Frans Timmermans spoke Wednesday in Brussels, shortly after Poland's lawmakers voted overwhelmingly to send a contentious draft law that would reorganize the nation's top Supreme Court for more work by a special parliamentary commission.
Timmermans said that the EU was closer to triggering Article 7 against Poland because its recent steps toward the judiciary "greatly amplify the threat to the rule of law" and threaten putting the judiciary "under full political control of the government." But he said that dialogue between the EU and Poland should continue while the legislation is being worked on.
The EU's Article 7 allows the bloc to strip a nation of its voting rights. Article 7 was envisioned to ensure democratic standards in EU members. It requires unanimity among all other member states.
The vote in Poland's parliament, which is dominated by the ruling Law and Justice party, was preceded by a heated debate and street protests. It was the latest in a string of conflicts over the policies of the conservative party, which won power in a 2015 election. The government is also under strong criticism from other EU leaders.
Lawmakers voted 434-6 with one abstention for the commission for justice and human rights to review and issue its opinion on the draft law, which gives politicians, not lawyers, the power over appointments to the Supreme Court and reorganizes its structure.
The head of the commission, Stanislaw Piotrowicz, said it wasn't clear when the commission would convene and when its opinion would be known. He said the number of amendments proposed by the opposition was aimed at obstructing its work.
In a heated debate Tuesday, the opposition proposed more than 1,000 amendments to the draft, which, it says, kills judicial independence and destroys the democratic principle of the separation of the judiciary from the executive power. |
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Man charged with killing Maine couple on Christmas in court
Legal News |
2017/07/13 22:49
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The case of a New York man charged with killing a Maine couple on Christmas Day 2015 is scheduled to return to court in Portland.
Police charged David Marble Jr. of Rochester with shooting 35-year-old Eric Williams and 26-year-old Bonnie Royer in Manchester. His case is scheduled for a court conference on Thursday.
A judge granted a request from Marble's attorney in April to move the trial from Kennebec County to Cumberland County due to the publicity the case has received.
A court spokeswoman says the trial has not yet been scheduled. Marble's attorney made the case that finding an impartial jury in Kennebec County would be difficult. Marble has pleaded not guilty to the charges.
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