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Defamation lawsuit against activist continues in state court
Legal News |
2018/12/09 03:07
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A Maine activist who accused an orphanage founder in Haiti of being a serial pedophile asked the state supreme court on Tuesday to dismiss a defamation lawsuit that was moved from federal court.
An attorney for Paul Kendrick told justices that the assertions were protected by a Maine law that protects people from meritless suits aimed at chilling First Amendment rights.
The argument that invoked Maine's Anti-SLAPP statute was met with skepticism from justices who questioned whether the law was intended to apply to harassment and cyberbullying.
But Supreme Court Chief Justice Leigh Saufley suggested there's a balancing act when between free speech and defamation.
"Are we not sliding into an areas where we have to be very careful not to chill the voices of people who say we must speak up in support of children who have been abused?" she asked an attorney at one point. "We know that if people are afraid to speak up that abuse can go on for decades."
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Chinese executive facing US extradition appears in court
Attorney News |
2018/12/08 03:10
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A Canadian prosecutor urged a Vancouver court to deny bail to a Chinese executive at the heart of a case that is shaking up U.S.-China relations and worrying global financial markets.
Meng Wanzhou, the chief financial officer of telecommunications giant Huawei and daughter of its founder, was detained at the request of the U.S. during a layover at the Vancouver airport last Saturday — the same day that Presidents Donald Trump and Xi Jinping of China agreed over dinner to a 90-day ceasefire in a trade dispute that threatens to disrupt global commerce.
The U.S. alleges that Huawei used a Hong Kong shell company to sell equipment in Iran in violation of U.S. sanctions. It also says that Meng and Huawei misled American banks about its business dealings in Iran.
The surprise arrest, already denounced by Beijing, raises doubts about whether the trade truce will hold and whether the world’s two biggest economies can resolve the complicated issues that divide them.
“I think it will have a distinctively negative effect on the U.S.-China talks,” said Philip Levy, senior fellow at the Chicago Council on Global Affairs and an economic adviser in President George W. Bush’s White House. “There’s the humiliating way this happened right before the dinner, with Xi unaware. Very hard to save face on this one. And we may see (Chinese retaliation), which will embitter relations.”
Canadian prosecutor John Gibb-Carsley said in a court hearing Friday that a warrant had been issued for Meng’s arrest in New York Aug. 22. He said Meng, arrested en route to Mexico from Hong Kong, was aware of the investigation and had been avoiding the United States for months, even though her teenage son goes to school in Boston. |
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Palestinian court extends detention of Palestinian-American
Legal News |
2018/12/07 03:10
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A Palestinian court on Thursday extended the detention of a hunger-striking Palestinian-American activist who claims she was tortured in captivity.
Suha Jbara, 31, a U.S. citizen born in Panama, shuffled into the Jericho courtroom with her head down, appearing ashen and weak. Her father and son reached out to embrace her but were restrained by Palestinian authorities.
The court ordered that Jbara remain in custody 15 more days on suspicions she funded "illegal organizations" and "worked with the enemy." Palestinian authorities refused to elaborate on the accusations. Jbara insists the only organizations she supports are Islamic charities advocating for Palestinian prisoners in Israel.
When the judge announced her extended detention, her youngest son, Mohammed, erupted into sobs and her father shook his fist, wailing, "Shame on you! I swear this is not justice!" as security officials ushered him out of the courtroom.
Jbara started a hunger strike two weeks ago to protest what she says is unjust treatment by Palestinian authorities. She told her lawyer on Thursday that she will continue striking for her remaining days of detention in hopes of bringing attention to her plight. |
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High court seems to lean against West Virginia in tax case
Court Line |
2018/12/04 17:47
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The Supreme Court seemed inclined Monday to side with a retired U.S. marshal who argues West Virginia is discriminating against former federal law enforcement officers like him by giving a more generous tax break to former state law enforcement officers.
James Dawson says West Virginia currently exempts the vast majority of state law enforcement retirees — including police and firefighters — from paying income tax on their retirement benefits. But retired U.S. Marshals Service employees like him don't get that perk. Dawson has to pay income tax on his retirement benefits except for the first $2,000 annually, which is tax free.
Dawson says federal law prohibits West Virginia from taxing his retirement income more heavily than it taxes the retirement income of those who did a similar job working for the state.
During arguments before the Supreme Court on Monday, both conservative and liberal justices seemed more willing to side with Dawson. Justice Neil Gorsuch asked West Virginia's attorney Lindsay See why looking at the text of the federal law wasn't "game over," ending the case in Dawson's favor. And Justice Stephen Breyer listed a number of those getting better tax treatment than Dawson.
"It's not just the state police. It's also the local police. It's everybody in law enforcement almost. And they can get into it and the feds can't. Why isn't that just the end of it?" Breyer said.
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EU court adviser: Britain could change its mind on Brexit
Attorney News |
2018/12/04 17:46
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A top official at the European Union's highest court advised Tuesday that Britain can unilaterally change its mind about leaving the European Union, boosting hopes among to pro-EU campaigners in the U.K. that Brexit can be stopped.
Prime Minister Theresa May's government insists it will never reverse the decision to leave, but May faces a tough battle to win backing in Parliament before lawmakers vote next week on whether to accept or reject the divorce agreement negotiated with the bloc. Defeat would leave the U.K. facing a chaotic "no-deal" Brexit and could topple the prime minister, her government, or both.
Advocate General Manuel Campos Sanchez-Bordona told the European Court of Justice that a decision by the British government to change its mind about invoking the countdown to departure would be legally valid. The advice of the advocate general is often, but not always, followed by the full court.
The court is assessing the issue under an accelerated procedure, since Britain is due to leave the bloc on March 29. The final verdict is expected within weeks.
Britain voted in 2016 to leave the 28-nation bloc, and invoked Article 50 of the EU's Lisbon Treaty in March 2017, triggering a two-year exit process. Article 50 is scant on details — largely because the idea of any country leaving the bloc was considered unlikely — so a group of Scottish legislators asked the courts to rule on whether the U.K. can pull out of the withdrawal procedure on its own. |
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