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Russian Olympic officials appeal to sports court against suspension by IOC
Legal Business | 2023/11/10 08:13
The Russian Olympic Committee has appealed to the Court of Arbitration for Sports against a suspension by the IOC last month for incorporating Ukrainian sports councils.

CAS said Monday it has registered the appeal but that “it is not possible to indicate a time frame” for a verdict by its panel of judges. A hearing is likely to be held in Lausanne, Switzerland, which is home to the court and the International Olympic Committee.

The legal dispute should have no effect on Russian athletes preparing to qualify for, and compete at, the Paris Olympics next year.

The IOC previously said any Russian athletes accepted as neutral individuals to compete in Paris could be invited directly via their sport’s world governing body in a process bypassing the ROC.

The latest Russia-IOC dispute was provoked by the Russian Olympic body incorporating the sports councils in four regions in occupied eastern Ukraine as its own members.

Imposing the suspension last month, the IOC said the Russian action “constitutes a breach of the Olympic Charter because it violates the territorial integrity of the NOC of Ukraine.”

The ROC made a similar move in 2016 to incorporate sports councils in the Crimea region which had been annexed by Russia two years earlier. The IOC did not issue a suspension that time.

CAS said Monday the Russian appeal asks for the ROC to be reinstated “benefiting from all rights and prerogatives granted by the Olympic Charter.”

The suspension removes the right of the ROC to get a share of Olympic broadcast and sponsor money worth millions of dollars in each four-year Olympic funding cycle. Russian officials reportedly have been weighing legal action to access the money not being paid due to economic sanctions during the war in Ukraine.


Ban on electronic skill games in Virginia reinstated by state Supreme Court
Legal Business | 2023/10/09 15:44
A ban on electronic skill games in Virgnia went back into effect Friday after the state Supreme Court vacated an injunction that allowed thousands of the betting machines to remain in gas stations, bars and conveniece stores.

The injunction was issued by a lower court in an ongoing lawsuit that argues the ban is a violation of free speech. But a panel of three Supreme Court justices found that the suit is unlikely to succeed.

“Although at times it is difficult to determine where a particular activity falls on the speech/conduct continuum, no such difficulty is present when the activity being regulated is gambling. We long have viewed gambling as conduct that may be heavily regulated and even banned by the Commonwealth as an exercise of its police powers,” the panel wrote in its order.

The games look and play like slot machines, though manufacturers say there is an element of skill involved.

The General Assembly passed legislation outlawing skill games in 2020, but former Gov. Ralph Northam delayed it for a year to help the state raise money for COVID-19 relief efforts.

The ban then took effect in 2021, but the lawsuit resulted in an injunction that allowed games already registered with the state’s Alcoholic Beverage Control Authoirty to continue until the issue is resolved.

The lawsuit is now set to go to trial in December.



Suspect in fatal stabbing of Cash App founder pleads not guilty
Legal Business | 2023/05/19 09:20
Tech consultant Nima Momeni pleaded not guilty Thursday to a murder charge in the stabbing death of Cash App founder Bob Lee on the streets of San Francisco.

San Francisco Superior Court Judge Victor Hwang ordered Momeni, 38, kept in jail without bail, saying he posed a public safety risk if released. Momeni, who appeared in an orange sweatshirt and pants, did not speak, and his attorney Paula Canny entered the plea on his behalf.

The case has drawn national attention, partly given Lee’s status in the tech world. Lee was found with three stab wounds, including one to the heart, shortly after 2:30 a.m. April 4 and was taken to a hospital where he later died. He was found in the Rincon Hill neighborhood in downtown San Francisco, which has tech offices and condominiums but little activity in the early morning hours.

Lee, 43, created Cash App, a mobile payment service, and was the chief product officer of the cryptocurrency MobileCoin. He was mourned as a loving father of two who made friends wherever he went.

Prosecutors have not provided a motive but say Momeni stabbed Lee after a dispute related to Momeni’s sister, who appeared in court Thursday alongside their mother.

Assistant District Attorney Omid Talai argued Thursday to detain Momeni without bail, saying that the defendant drove Lee to a secluded spot and used a knife that was part of a unique kitchen set belonging to his sister. Police recovered a knife with a 4-inch (10-centimeter) blade at the scene.

Talai said that analysis showed Momeni’s DNA on the handle of the knife and Lee’s DNA on the bloody blade and no evidence that Lee had touched the handle, contradicting Canny’s claim of self-defense for her client.

But Canny said that Momeni did not drive Lee to a secluded spot with the aim of killing him. Instead, she said, Lee directed him to pull over after calling an Uber because the two had argued. The last time Momeni saw Lee, Canny said, Lee was standing upright and walking away.



Wisconsin Supreme Court control, abortion access at stake
Legal Business | 2023/04/03 20:56
Control of the Wisconsin Supreme Court, and likely the future of abortion access, Republican-drawn legislative maps and years of GOP policies in the key swing state rests with the outcome an election Tuesday that has seen record campaign spending.

The winner of the high-stakes contest between Republican-backed Dan Kelly and Democratic-supported Janet Protasiewicz will determine majority control of the court headed into the 2024 presidential election. The court came within one vote of overturning President Joe Biden’s narrow win in 2020, and both sides expect another close race in 2024.

It’s the latest election where abortion rights has been the central issue since the Supreme Court overturned Roe v. Wade last June. It’s also an example of how officially nonpartisan court races have grown into political battles as major legal fights play out at the state level.

All of it has fueled spending that will double, and likely triple or more, the previous high of $15.4 million spent on a state court race in Illinois in 2004. Democrats have spent heavily for Protasiewicz and Republicans for Kelly.

Democrats are trying to flip control of the court, which has had a majority of conservative justices the past 15 years. That has allowed the court to uphold an array of Republican priorities, including banning absentee ballot drop boxes last year and affirming the 2011 law all-but ending collective bargaining for most public workers.



States brace for fight over gun laws after high court ruling
Legal Business | 2022/06/24 16:47
The Supreme Court’s decision overturning a gun-permitting law in New York has states with robust firearms restrictions scrambling to respond on two fronts — to figure out what concealed-carry measures they might be allowed to impose while also preparing to defend a wide range of other gun control policies.

The language in the court’s majority opinion heightened concern that other state laws, from setting an age limit on gun purchases to banning high-capacity ammunition magazines, may now be in jeopardy.

“The court has basically invited open season on our gun laws, and so I expect litigation across the board,” said New Jersey acting Attorney General Matt Platkin, a Democrat. “We’re going to defend our gun laws tooth-and-nail because these gun laws save lives.”

The court ruling issued Thursday specifically overturned a New York law that had been in place since 1913 and required that people applying for a concealed carry permit demonstrate a specific need to have a gun in public, such as showing an imminent threat to their safety. The court’s conservative majority said that violated the Second Amendment, which they interpreted as protecting people’s right to carry a gun for self-defense outside the home.

While the ruling does not address any other laws, the majority opinion opens the door for gun rights advocates to challenge them in the future, said Alex McCourt, the director of legal research for the Johns Hopkins Center for Gun Violence Solutions.

Pro-firearms groups in several states said they plan to do just that.

Attorney Chuck Michel, president of the California Rifle and Pistol Association, said the group is preparing to expand its legal challenges based on the high court changing the legal standard used to assess whether gun control laws are constitutional.

Courts must now consider only whether a gun control regulation is consistent with the Second Amendment’s actual text and its historical understanding, according to Thursday’s ruling. Before that, judges also could consider a state’s social justification for passing a gun control law.

Michel said the standard will affect three prominent California laws. Legal challenges to the state’s limits on assault weapons, its requirement for background checks for buying ammunition and its ban on online ammunition sales are pending before a federal appellate court.


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