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Dutch court throws out case against Israeli military chiefs
Attorney News |
2020/01/28 03:07
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A Dutch court threw out a civil case Wednesday brought by a Dutch-Palestinian man seeking damages from two former Israeli military commanders for their roles in a 2014 airstrike on a Gaza house that killed six members of his family.
The Hague District Court ruled that the case filed by Ismail Zeyada can't proceed because the commanders, including high profile former military chief Benny Gantz, have immunity.
Zeyada was attempting to sue Gantz, who is now a prominent Israeli politician, and former Israeli air force commander Amir Eshel. Neither Gantz nor Eshel was in court for the decision.
Zeyada, who lives in the Netherlands, brought the case in The Hague because he argued he can't successfully hold Israeli military leaders accountable in Israeli courts.
But presiding judge Larisa Alwin said the court can't hear the case because the commanders “enjoy functional immunity from jurisdiction” as their actions were part of a state-sanctioned military operation.
Zeyada said he and his lawyers would study the ruling with a view to appealing. “I owe it to all the Palestinians who have suffered and continue to suffer the same fate, to continue this struggle to achieve what is denied to them: Access to independent justice and accountability for the unspeakable crimes committed against them,” he told reporters outside the courtroom.
The court agreed with the arguments of Dutch lawyers representing the men who said last year they should reject the case for lack of jurisdiction because the commanders have immunity because their actions in the 2014 Gaza conflict were part of an Israeli military operation and that Zeyada was free to sue them in Israel.
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Supreme Court allows enforcement of new green card rule
Court Line |
2020/01/27 03:06
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A divided Supreme Court on Monday allowed the Trump administration to put in place new rules that could jeopardize permanent resident status for immigrants who use food stamps, Medicaid and housing vouchers.
Under the new policy, immigration officials can deny green cards to legal immigrants over their use of public benefits. The justices' order came by a 5-4 vote and reversed a ruling from the 2nd U.S. Circuit Court of Appeals in New York that had kept in place a nationwide hold on the policy following lawsuits against it.
The court's four liberal justices, Stephen Breyer, Ruth Bader Ginsburg, Elena Kagan and Sonia Sotomayor, voted to prevent the policy from taking effect.
Federal appeals courts in San Francisco and Richmond, Virginia, had previously overturned trial court rulings against the rules. An injunction in Illinois remains in effect but applies only to that state.
The lawsuits will continue, but immigrants applying for permanent residency must now show they wouldn't be public charges, or burdens to the country.
The new policy significantly expands what factors would be considered to make that determination, and if it is decided that immigrants could potentially become public charges later, that legal residency could be denied. Under the old rules, people who used non-cash benefits, including food stamps and Medicaid, were not considered public charges. |
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Court takes another look at Native American adoption law
Legal News |
2020/01/22 17:57
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A 1978 law giving preference to Native American families in foster care and adoption proceedings involving American Indian children was getting a second look Wednesday from a federal appeals court in New Orleans.
A three-judge panel of the 5th Circuit Court of Appeals in New Orleans upheld the Indian Child Welfare Act in August in a 2-1 ruling.
Opponents of the law — including non-Indian families who have sought to adopt American Indian children — sought and got a re-hearing. On Wednesday, the court's 16 active judges were expected to hear arguments.
A 1978 law giving preference to Native American families in foster care and adoption proceedings involving American Indian children was getting a second look Wednesday from a federal appeals court in New Orleans.
A three-judge panel of the 5th Circuit Court of Appeals in New Orleans upheld the Indian Child Welfare Act in August in a 2-1 ruling.
Opponents of the law — including non-Indian families who have sought to adopt American Indian children — sought and got a re-hearing. On Wednesday, the court's 16 active judges were expected to hear arguments.
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German court may reject appeal to remove anti-Semitic relic
Legal PR |
2020/01/21 02:00
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A court in eastern Germany indicated Tuesday that it will likely reject a Jewish man’s bid to force the removal of an ugly remnant of centuries of anti-Semitism from a church where Martin Luther once preached.
The Naumburg court's senate said, at a hearing, that “it will maybe reject the appeal,” court spokesman Henning Haberland told reporters.
“The senate could not follow the plaintiff's opinion that the defamatory sculpture can be seen as an expression of disregard in its current presentation,” Haberland said.
The verdict will be announced on February 4.
The so-called “Judensau,” or “Jew pig,” sculpture on the Town Church in Wittenberg dates back to around 1300. It is perhaps the best-known of more than 20 such anti-Semitic relics from the Middle Ages that still adorn churches across Germany and elsewhere in Europe.
Located 4 meters (13 feet) above the ground on a corner of the church, it depicts Jews suckling on the teats of a sow, while a rabbi lifts the animal’s tail. In 1570, after the Protestant Reformation, an inscription referring to an anti-Jewish tract by Luther was added.
Judaism considers pigs impure and no one disputes that the sculpture is deliberately offensive. But there is strong disagreement about what to do with the relief. |
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US court dismisses suit by youths over climate change
Legal News |
2020/01/19 02:01
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A federal appeals court on Friday dismissed a lawsuit by 21 young people who claimed the U.S. government’s climate policies and reliance on fossil fuels harms them, jeopardizes their future and violates their constitutional rights, potentially dealing a fatal blow to a long-running case that activists saw as an important front in the war against environmental degradation.
The Oregon-based youth advocacy group Our Children’s Trust filed the lawsuit in 2015 in Eugene on behalf of the youngsters. It sought an injunction ordering the government to implement a plan to phase out fossil fuel emissions and draw down atmospheric carbon dioxide emission. The case had bounced around the federal courts for five years and multiple trial dates were canceled.
The 2-1 vote for dismissal by the 9th Circuit Court of Appeals was a serious setback for the climate activists, who vowed to ask the full 9th Circuit panel to review the ruling. Our Children’s Trust has filed numerous similar cases in state and federal courts and currently has nine cases pending in state courts from Alaska to New Mexico. The federal ruling was less likely to impact those cases, experts said.
“This is a very serious blow to the case, perhaps a fatal blow,” said Jennifer Rushlow, an associate dean for environmental programs at Vermont Law School, who has been watching the case closely.
Our Children’s Trust said in a statement that although the justices ruled for dismissal, it was important to note that they also said in the opinion that the evidence showed climate change was real and caused by fossil fuels and that the young plaintiffs had suffered legitimate consequences from climate change.
The “case is far from over,” said Julia Olson, lead attorney for Our Children’s Trust. “The court recognized that climate change is exponentially increasing and that the federal government has long known that its actions substantially contribute to the climate crisis.”
Government attorneys repeatedly sought the case’s dismissal and succeeded in having the scope of the claims narrowed and some defendants dismissed during years of back-and-forth litigation. |
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