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Trump administration backs PLO in victims' high court appeal
Attorney News |
2018/03/30 12:29
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Despite its bumpy relationship with the Palestinians, the Trump administration is siding with the Palestine Liberation Organization in urging the Supreme Court to reject an appeal from American victims of terrorist attacks in the Middle East more than a decade ago.
The victims are asking the high court to reinstate a $654 million verdict against the PLO and Palestinian Authority in connection with attacks in Israel in 2002 and 2004 that killed 33 people and wounded hundreds more.
The case was scheduled to be considered at the justices’ private conference on Thursday. A decision to reject the appeal could come as early as Monday. If the court decides to hear the case, it could say so by the middle of this month.
The federal appeals court in New York tossed out the verdict in 2016. It said U.S. courts can’t consider lawsuits against foreign-based groups over random attacks that were not aimed at the United States.
The victims sued under the Anti-Terrorism Act, signed into law in 1992. The law was passed to open U.S. courts to victims of international terrorism, spurred by the killing of American Leon Klinghoffer during a 1985 terrorist attack aboard the Achille Lauro cruise ship.
The victims argued that offices the Palestinians maintain in the nation’s capital to promote their cause in speeches and media appearances and to retain lobbyists were sufficient to allow the lawsuit in an American court. The appeals court disagreed.
In late June, the justices asked the administration to weigh in on the case, as they often do in cases with foreign policy implications. The Justice Department filed its brief eight months later, saying there was nothing in the appeals court ruling to “warrant this court’s intervention at this time.”
In unusually strong language for a Supreme Court filing, Theodore Olson, the lawyer for the victims, wrote, “The government is not being square with the court.” Olson said the administration was being cagey about its view of the law, even after the lower court cut back on its use by attack victims to try to hold groups financially liable.
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Judge to ask EU court about post-Brexit citizenship issues
Attorney News |
2018/02/09 19:07
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A judge in Amsterdam has agreed to ask the European Court of Justice preliminary questions about the consequences of Britain's departure from the European Union for citizenship rights of Britons living in Europe.
In a decision that could have consequences for some 1 million Britons living outside the U.K. in the EU, the judge said Wednesday in a written ruling that "there has to be more clarity about the consequences of Brexit for EU citizenship," according to a statement by the Amsterdam court.
British citizens who live in the Netherlands went to the court last month in a bid to retain their EU citizenship rights after Britain gets divorced from the bloc in March 2019. Lawyers for the Dutch state dismissed their case as a legal fiction.
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Supreme Court blocks some redrawn North Carolina districts
Attorney News |
2018/02/07 23:45
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The U.S. Supreme Court told North Carolina officials late Tuesday they must use some but not all of the state's legislative districts that other federal judges redrew for this year's elections.
The justices partially granted the request of Republican lawmakers who contend the House and Senate maps they voted for last summer were legal and didn't need to be altered.
A three-judge panel determined those GOP-approved boundaries contained racial bias left over from maps originally approved in 2011 and violated the state constitution. So the lower-court judges hired a special master who changed about two dozen districts in all. The judges approved them last month.
The Supreme Court's order means more than half of those districts redrawn by Stanford University law professor Nathaniel Persily will revert to their shapes from last summer. The order said House district changes made in the counties that include Charlotte and Raleigh because of state constitutional concerns are blocked while the full case is appealed, but changes made elsewhere to alleviate racial bias must be used.
The maps containing the partial changes will be used when candidate filing for all 170 General Assembly seats begins next Monday.
Boundaries approved by the General Assembly last August kept Republicans in a position to retain veto-proof majorities in the chambers, which has helped them advance their conservative-leaning agenda this decade. But Democrats are bolstered after successful elections in other states last year. Tuesday's ruling means Democrats could find it harder to win more House districts than they hoped.
Dozens of North Carolina voters originally were successful in overturning the 2011 districts as racial gerrymanders. They subsequently asked Chief Justice John Roberts, who receives appeals from the state, to allow the lower court's directive and require the changes approved by the three judges be used.
The Republicans' request was considered by the entire court and the order reflected division among the justices. Justices Clarence Thomas and Samuel Alito would have agreed to block all of the changes to the maps approved by the lower-court panel. Yet Justices Ruth Bader Ginsburg and Sonia Sotomayor would have denied the GOP's request entirely, according to the order.
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Suspect in U Penn student's murder due in California court
Attorney News |
2018/02/02 10:00
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A Southern California man charged in the killing of a University of Pennsylvania student is due in court Friday.
Authorities say Samuel Woodward, 20, of Newport Beach killed 19-year-old sophomore Blaze Bernstein and buried his body in a shallow grave at a neighborhood park not far from the Bernstein family's home in Lake Forest.
Bernstein, who grew up in Orange County and was visiting his family on winter break, was missing for a week after going out with Woodward the night of Jan. 2, according to authorities. Authorities searched for him with help from drone pilots and found his body at the park after rain partially exposed it.
Woodward is charged with murder and an enhancement for use of a knife. He is being held without bail. Bernstein was gay and Jewish and authorities are investigating the possibility of a hate crime.
Authorities say the two men both attended the Orange County School of the Arts but they did not know if they were friends at the time.
According to a court filing obtained by the Orange County Register, Woodward told investigators that he became angry after Bernstein kissed him the night they went to the park.
At college, Bernstein was studying psychology and was recently chosen to edit a campus culinary magazine. Hundreds of people attended a candlelight vigil for Bernstein and his funeral.
If convicted of the charge and enhancement, Woodward could face as much as 26 years to life in prison.
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Steve Mostyn, Houston attorney and major Dem donor, dies
Attorney News |
2017/11/17 13:06
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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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