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Poland likely to ignore EU court ruling on justice overhaul
Law Firm Topics | 2018/08/24 10:12

Poland's deputy prime minister says his government will likely ignore the European Court of Justice if it suspends a new Polish law compelling numerous Supreme Court judges to retire early.

The attempted forced retirements are part of a broader overhaul of the justice system by Poland's nationalist ruling party, Law and Justice. The changes have alarmed the European Union, which says rule of law is under threat in Poland.

The government insists it is reforming a corrupt system.

Polish Deputy Prime Minister Jaroslaw Gowin says if the EU court suspends the retirement law, "our government will probably have no choice" but to ignore the ruling. His comments were published Monday by a pro-government weekly, Do Rzeczy.


German court rules in broadcaster Nazi camp spat with Poland
Legal Focuses | 2018/08/22 08:08

A German court has ruled that public broadcaster ZDF can’t be forced to post a specifically worded apology demanded by a Polish court for erroneously calling two World War II Nazi camps “Polish death camps.”

ZDF used that wording in reference to the Majdanek and Auschwitz death camps in advertising a 2013 documentary. After the Polish Embassy in Berlin objected, it changed the text to “German death camps on Polish territory.”

A Polish citizen who was a former inmate of Auschwitz and the Flossenbuerg concentration camp then launched a legal battle with ZDF, which twice apologized to him for the initial error and later published an apology.

In 2016, the plaintiff secured a ruling from a court in Krakow, Poland, ordering ZDF to post on its website for one month an apology stating that the original wording was “an incorrect formulation that distorts the history of the Polish people.” The broadcaster did publish the text from Dec. 2016 to Jan. 2017, but the plaintiff considered its compliance unsatisfactory and sought to have the Polish ruling legally enforced.

Lower German courts ruled that the verdict can be enforced in Germany. But the Federal Court of Justice said that it disagreed because the required formulation would violate the broadcaster’s right to freedom of opinion.


Sen. Collins, potential swing vote, meets with Kavanaugh
Attorney News | 2018/08/21 15:08

Supreme Court nominee Brett Kavanaugh met Tuesday with Republican Sen. Susan Collins of Maine, a centrist who's seen as a potential swing vote on his confirmation, while Democrats push him to release more documents from his years in the George W. Bush White House.

Collins supports abortion rights and has vowed to oppose any nominee who has "demonstrated hostility" to Roe v. Wade. But she has spoken highly of President Donald Trump's nominee, saying he's qualified for the job.

The meeting Tuesday comes as Kavanaugh, an appellate court judge, is making the rounds on Capitol Hill ahead of confirmation hearings in September. One key meeting will be with Senate Minority Leader Chuck Schumer, D-N.Y., who says he'll ask Kavanaugh to fully support releasing documents from the Bush White House that Republicans have declined to review.

Schumer said he will ask Kavanaugh, as he has Republicans, "What are they hiding?" He expects the judge to be able to fully explain his record. "I hope he comes prepared to answer direct questions," he said.

Democrats complain that Republicans, who have a slim 51-49 majority in the Senate, are withholding documents in their rush to confirm Trump's pick for the court ahead of the midterm elections.

Kavanagh, 53, is a conservative who, in replacing retired Justice Anthony Kennedy, could tip the court rightward for a generation.

Several Democratic women senators joined with advocates for women's health care Tuesday to talk about the stakes of adding Kavanaugh to the court, particularly when it comes to access to abortion services.


Man admits slaying wife, blames her for daughters' deaths
Attorney News | 2018/08/20 15:08

The father of two young girls found submerged in oil tanks after being missing for days told authorities his pregnant wife killed the children after learning he wanted a separation, and that he erupted in rage after witnessing the killings and strangled their mother inside the family's suburban Denver home, according to court documents.

Days after letting police inside his home so they could help find his missing family, Christopher Watts told investigators "he would tell the truth."

Watts first asked to speak with his father then admitted to killing his wife, Shanann. Watts told police in court papers released Monday that he killed her after witnessing her strangling one of the girls on a baby monitor. The other child had already been killed by the woman, he said.

Watts, 33, faces three first-degree murder charges, two counts of murdering a child under 12, one count of unlawful termination of a pregnancy and three counts of tampering with a deceased human body. He is scheduled to appear in court on Tuesday and is being held without bail.

District Attorney Michael Rourke declined to answer questions about the case Monday but said his office has three prosecutors working on it. Rourke also said it was too early to discuss whether he will seek the death penalty.

Police first visited the family's house on Aug. 13, after a friend asked officers to check on Shanann Watts. She had missed a doctor's appointment and wasn't answering calls or text messages hours after returning home after a business trip, the friend reported.


Court: Dismissal of cop's Black Lives Matter lawsuit is just
Legal News | 2018/08/19 00:47

A federal appeals court says a Louisiana court rightly dismissed a deputy's lawsuit accusing Black Lives Matter and several leaders of inciting violence that led to a deadly 2016 attack on law enforcement officers.

The Advocate reports a three-judge panel of the 5th U.S. Circuit Court of Appeals in New Orleans unanimously supported the lower court's ruling Wednesday. A judge found last year that the lawsuit failed to state a plausible claim for relief.

The suit doesn't name the officer but its description of the plaintiff matches East Baton Rouge Parish Sheriff's Deputy Nicholas Tullier, who was critically wounded by 29-year-old Gavin Long. Long killed three law enforcement officers and was later gunned down by authorities.

The attack occurred less than two weeks after a white Baton Rouge officer killed 37-year-old black man Alton Sterling during a struggle.


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