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Kushner firm seeks court change to keep partners secret
Court News | 2018/02/11 19:07
The family real estate company once run by presidential adviser Jared Kushner is shifting a federal court case to a new venue so it won't have to reveal the identities of foreign partners behind some of its real estate projects.

With a deadline approaching within hours, the Kushner Cos. filed papers in federal court Friday to move the case involving Maryland apartment complexes it owns with foreign investors back to state court. A federal district court judge ruled last month that the Kushners had to identify its partners by Friday, rejecting arguments from the family company that such disclosures would violate privacy rights.

The Kushner Cos. had also argued that media coverage of the case was "politically motivated" and marked by "unfair sensationalism" given that the company was once run by Jared Kushner, now a senior adviser to his father-in-law, President Donald Trump.

The case has attracted media attention because it promised a rare glimpse into how New York-based Kushner Cos. raises money for its real estate projects, revealing ties to lenders and investors who could possibly raise conflict-of-interest issues.

The fight over disclosure in federal court stems from a lawsuit that started out in Maryland state court last year on an entirely different matter. That lawsuit was brought by tenants alleging a Kushner Cos. affiliate called Westminster Management charges excessive and illegal rent for apartments. It sought class-action status for tenants in 17 apartment complexes. Westminster has said it has broken no laws and denies the charges.



Court: Lawsuit alleging coerced confessions can go to trial
Court News | 2018/02/05 23:45
A lawsuit that accuses Evansville police officers of violating three teenagers' constitutional rights by coercing confessions in the killing of a homeless man can proceed to trial, a federal appeals court has ruled.

A panel of the 7th U.S. Circuit Court of Appeals agreed there's enough evidence that officers deliberately coerced confessions from siblings William and Deadra Hurt in the death of 54-year-old Marcus Golike to warrant a civil trial.

"False confessions are a real problem ...," the judges wrote in their opinion, which describes the issue of whether police tactics are enough to make confessions involuntary "the ultimate legal question," The Evansville Courier & Press reported .

The suit filed in 2014 on behalf of William, Deadra and Andrea Hurt and their mother, Debbie Hurt, accuses detectives of threatening the teenagers, feeding them facts to coerce confessions and then ignoring evidence disproving those statements, and even manufacturing some evidence.

William Hurt was 18, Deadra Hurt 19 and Andrea Hurt 16 at the time of their arrests in the June 2012 killing of Golike, who was beaten, strangled and dumped in the Ohio River. Another teenager who was also arrested is not a party to the suit.

All charges in the case were ultimately dismissed against everyone but William Hurt, who refused a plea deal. A jury acquitted him of murder in February 2013.

Police began focusing on the teenagers after learning that Golike had visited the Hurt family before his death.

The suit's defendants include the city of Evansville, its police department, four city police detectives and their three supervisors at the time, one of whom is now deceased. The suit also names two Kentucky State Police detectives who were involved because Golike's body was found in their jurisdiction.

"At this juncture, the court has to take the facts in the light most favorable to the plaintiff, and then there is an issue for a jury or a judge to decide," said Keith Vonderahe, who's one of several attorneys representing the Evansville officers.


Cambodian court again rejects bail for opposition leader
Court News | 2018/02/01 10:00
An appeals court in Cambodia on Thursday denied a second request for the release on bail of opposition leader Kem Sokha, who has been charged with treason.

The court appearance in Phnom Penh by Kem Sokha, head of the Cambodia National Rescue Party, was his first since his arrest last September. The hearing was held behind closed doors and journalists and other onlookers were kept away.

His prosecution by the government of Prime Minister Hun Sen is widely seen as part of a concerted effort to cripple the opposition ahead of a general election this year.

Kem Sokha's lawyer, Choung Choungy, said the court cited concerns for his client's security in denying bail.

The government has expressed fears of political protests by Kem Sokha's supporters. They have suggested, with no evidence, that violence might result.

Hundreds of riot police were deployed around the court, with several fire trucks and police trucks parked nearby.

The past several years have seen the opposition party face an onslaught of legal challenges from Hun Sen's government with the support of the courts, which are generally seen as favoring his ruling Cambodian People's Party. Court rulings forced former opposition leader Sam Rainsy to avoid prison by staying in exile and pressured him into resigning from his party.



Malaysia's top court annuls unilateral conversions of minors
Court News | 2018/01/28 10:01
Malaysia's top court in a landmark decision says both parents must consent to the religious conversion of a minor, ruling in favor of a Hindu woman whose ex-husband converted their three children to Islam.

M.Indira Gandhi became caught in a high-profile dispute after her former husband became a Muslim and converted their three children without telling her in 2009. He also snatched their daughter, then 11 months old, from the family home.

Malaysia has a dual court system, secular and religious. Gandhi challenged her children's conversions through the civil courts.

The Court of Appeal ruled that civil courts had no jurisdiction over Islamic conversions, but that decision was appealed to the nation's highest court.

The Federal Court on Monday annulled the children's conversions as they were done without Gandhi's consent.


Court rules that Kushner firm must disclose partners' names
Court News | 2018/01/24 10:02
A federal judge ruled Friday that the family company once run by Jared Kushner isn't allowed to keep secret the identity of its business partners in several Maryland properties.

A U.S. district judge in the state rejected the argument that the privacy rights of the Kushner Cos. partners outweigh the public interest in obtaining judicial records in a lawsuit before the court. The decision means the company tied to President Donald Trump's son-in-law might be forced to provide a rare glimpse into how it finances its real estate ventures.

The ruling backed the argument by The Associated Press and other news organizations that the media has a "presumptive right" to see such court documents and the Kushner Cos. had not raised a "compelling government interest" needed by law to block access.

U.S. District Court Judge James K. Bredar ruled that Westminster Management, a Kushner Cos. subsidiary, must file an unsealed document with the identity of its partners by Feb. 9.

The ruling stems from a lawsuit filed by tenants last year alleging Westminster charges excessive and illegal rent for apartments in the state. The lawsuit seeks class-action status for tenants in 17 apartment complexes owned by the company.

Westminster has said it has broken no laws and denies the charges.

In addition to its privacy argument, the Kushner subsidiary had said media reports of the Maryland dispute were "politically motivated" and marked by "unfair sensationalism." Disclosure of its partners' names would trigger even more coverage and hurt its chances of getting an impartial decision in the case, it had said.

In Friday's ruling, the judge said these are not "frivolous concerns," but the public's right to know is more important.



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