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Bankruptcy court to weigh Revel sale, but loopholes exist
Headline Legal News |
2015/03/12 11:48
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A bankruptcy court judge will consider — yet again — the proposed sale of Atlantic City’s former Revel Casino hotel to a Florida developer.
But the $82 million deal has loopholes that could let the owner, Revel AC, or the purchaser, Glenn Straub, back out before it is due to close March 31.
The latest sale agreement between Revel and Straub’s Polo North Country Club contains a “fiduciary out.” It is language that gives Revel the right to scrap the Straub deal if a higher offer presents itself before the deal closes.
That is crucially important this week with a new potential purchaser, Los Angeles developer Izek Shomof, planning a bid for Revel after touring the property last week. A hearing to consider the proposed sale is set for Thursday. |
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RI court hears $60M dispute with Catholic order
Headline Legal News |
2014/12/08 14:19
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The niece of a woman who gave more than $60 million to a now-disgraced Catholic order is asking the Rhode Island Supreme Court to let her sue so the money can go somewhere more deserving.
The court is due to hear arguments Tuesday over lawsuits brought by Mary Lou Dauray against the Legion of Christ, whose founder secretly molested seminarians and fathered three children. Dauray's aunt, Gabrielle Mee, died in 2008 and left everything she owned to the Legion.
A Superior Court judge ruled in 2012 that Douray did not have standing to sue and threw out her lawsuits against the Legion of Christ and Bank of America, which Douray claimed breached its fiduciary duty as the trustee of Mee's estate.
When Judge Michael Silverstein issued that decision, however, he wrote there was evidence that the Legion had exerted undue influence on the widow.
The Legion was founded in 1941 by the late Rev. Marcial Maciel. Documents show Vatican officials knew about his abuse for decades but looked the other way as the conservative order brought in money and vocations. The Vatican took over the Legion in 2010 and launched a reform process which culminated this year with the election of a new government and approval of constitutions.
But priests and followers continue to leave the movement. The Legion announced in October that the college it owned in Smithfield, where Mee once lived as a consecrated member of its lay movement, would close next year. |
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Egyptian court sentences 188 people to death
Headline Legal News |
2014/12/04 15:55
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An Egyptian court sentenced 188 people to death Tuesday pending the opinion of the country's top religious authority, the latest mass death sentence handed down by the country's judicial system despite widespread international criticism.
The 188 were charged over the killing of 11 policemen last year in Kerdasa, a restive town west of Cairo considered a militant stronghold. The attack, which saw the policemen's bodies mutilated, is considered one of the country's grisliest assaults on security forces.
The defendants also were accused of attempting to kill 10 more policemen, damaging a police station, setting police cars on fire and possessing heavy weapons.
The attack happened on the same day that security forces brutally cleared two protest camps of ousted Islamist President Mohammed Morsi's supporters, killing hundreds. Protesters were demanding the reinstatement of Morsi, who hails from the Muslim Brotherhood group.
Some 22,000 people have been arrested since Morsi's ouster, including most of the Brotherhood's top leaders, as well as large numbers of others swept up by police during pro-Morsi protests. |
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Court in Va. examines death row isolation policy
Headline Legal News |
2014/10/28 14:10
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Virginia's practice of automatically holding death row inmates in solitary confinement will be reviewed by a federal appeals court in a case that experts say could have repercussions beyond the state's borders.
U.S. District Judge Leonie Brinkema in Alexandria ruled last year that around-the-clock isolation of condemned inmates is so onerous that the Virginia Department of Corrections must assess its necessity on a case-by-case basis. Failure to do so, she said, violates the inmates' due process rights.
The state appealed, arguing that the courts should defer to the judgment of prison officials on safety issues. A three-judge panel of the 4th U.S. Circuit Court of Appeals will hear arguments Tuesday.
The lawsuit was filed by Alfredo Prieto, who was on California's death row for raping and murdering a 15-year-old girl when a DNA sample connected him to the 1988 slayings of George Washington University students Rachel Raver and Warren Fulton III in Reston. He also was sentenced to death in Virginia, where he has spent most of the last six years alone in a 71-square-foot cell at the Sussex I State Prison.
Some capital punishment experts say a victory by Prieto could prompt similar lawsuits by death row inmates elsewhere.
"It gives them a road map," said northern Virginia defense attorney Jonathan Sheldon, who noted that the due process claim succeeded where allegations of cruel and unusual punishment have routinely failed. "It's not that common to challenge conditions of confinement on due process grounds." |
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Accused White House intruder to appear in court
Headline Legal News |
2014/09/29 16:10
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Following an embarrassing security breach at the White House, one of the most closely protected buildings in the world, the Secret Service is said to be considering establishing new checkpoints to screen tourists in public areas near the presidential mansion.
Meanwhile, the man accused of scaling a security fence and getting into the president's home carrying a knife is scheduled to have his initial appearance Monday in federal court.Omar J. Gonzalez, 42, of Copperas Cove, Texas, is facing charges of unlawfully entering a restricted building or grounds while carrying a deadly or dangerous weapon.
The Army says Gonzalez served from 1997 until his discharge in 2003, and again from 2005 to December 2012, when he retired due to disability.The Secret Service tightened its guard outside the White House after Friday's security breach. Gonzalez is accused of scaling the White House perimeter fence, sprinting across the lawn and entering the building before agents could stop him.
President Barack Obama and his family were away at the time. Obama says he still has confidence in the troubled agency's ability to protect him and his family.Secret Service Director Julia Pierson has ordered increased surveillance and more officer patrols, and has begun an investigation into what went wrong. |
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