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German court receives suit against EU bank union
Legal News |
2014/07/28 20:09
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A group of German professors has filed a complaint to the country's highest court against the European Union's plans to create a so-called banking union, a central part of the effort to make the continent's financial system more resilient.
The Federal Constitutional Court said Monday it had received the complaint. It wasn't clear when the court might rule; verdicts on previous attempts to block measures meant to stem Europe's debt crisis took at least several months.
The group behind the complaint says the banking union "has no legal basis in the European treaties."
It objects to handing the European Central Bank direct supervision of the eurozone's biggest lenders with binding powers over national authorities, and opposes plans for a separate authority with the power to dissolve or restructure failing banks. |
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Coast Guard cadet won't be court-martialed
Legal News |
2014/06/13 17:51
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A U.S. Coast Guard Academy cadet accused of entering a classmate's room and touching her leg will not face a court martial, the academy said Thursday.
Its superintendent agreed with the recommendations of an investigating officer that reasonable grounds did not exist to support the charge of abusive sexual contact against cadet Alexander Stevens. The superintendent, Rear Adm. Sandra Stosz, also agreed with a recommendation to impose nonjudicial punishment on Stevens for unlawfully entering a cadet barracks room while drunk and touching another cadet on the leg, Coast Guard officials said.
The academy did not disclose details of the punishment, citing Stevens' privacy rights. Nonjudicial punishment may include a reprimand, arrest in quarters for up to 30 days, pay forfeiture or expulsion from the academy.
"The academy has remained committed to providing all needed support to the victim, ensuring a full and fair proceeding in compliance with the Uniform Code of Military Justice and holding those who commit misconduct accountable for their actions," said Capt. James McCauley, the commandant of cadets.
In September, Stevens said, he went into the fellow cadet's room by mistake, believing it was his girlfriend's room, an investigator testified.
He was drunk at the time and made a mental mistake, Lt. John Cole, who represented Stevens, said during a pretrial investigation at the academy in April.
The classmate testified that a man entered her room in the middle of the night, touched her on her thigh and moved his hand up her leg before she screamed and kicked him. The cadet said she found it hard to sleep and concentrate after the encounter, and her grades suffered. |
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German court awaiting details of Gurlitt will
Legal News |
2014/05/09 17:55
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A German court says it's awaiting details of a will drawn up by Cornelius Gurlitt, the reclusive art collector who hoarded more than 1,000 artworks at his apartment and died this week.
Munich district court president Gerhard Ziel said Wednesday that Gurlitt left a will with a notary in the southwest region of Baden-Wuerttemberg, news agency dpa reported.
He said the court expects to receive the document next week and will then establish whether it was correctly filed and whether Gurlitt named heirs.
Gurlitt's spokesman isn't commenting on who might inherit the works.
But German officials say that any heirs are bound by a deal under which Gurlitt agreed that hundreds of pieces from the collection would remain in government hands while they are checked for a possible Nazi-era past.
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Orange County man guilty of wife's murder-for-hire
Legal News |
2014/04/21 20:16
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An Orange County man accused of hiring hit men to murder his wife so he could avoid a costly divorce has been convicted of murder.
A district attorney's statement Friday says 61-year-old Magdi Girgis (MOG'-dee GURR-ghiss) of Westminster has been found guilty in the 2004 killing.
A few days before her death, 55-year-old Ariet (AHR'-ee-et) Girgis had testified in a domestic violence case against her husband, saying her marriage was "miserable." He was convicted on domestic violence charges after her death.
Two suspects allegedly entered the victim's home in Sept. 2004 and murdered her with a sharp object.
Prosecutors say the killer and a middleman involved in the contract slaying remain at large.
A third person, Anthony Edward Bridget, was arrested last year and faces charges including conspiracy and murder. |
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S.C. high court hearing Certificate of Need case
Legal News |
2014/03/05 21:08
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South Carolina's highest court is gearing up for a debate over whether the state's health agency can end a program that regulates the building or expansion of medical facilities.
On Thursday, the state Supreme Court is scheduled to hear arguments over the Certificate of Need program, an approvals process administered by the Department of Health and Environmental Control and required under state law for any medical facilities seeking to build or expand.
The program has been on hold since June, when Gov. Nikki Haley vetoed the $1.7 million needed to run it, saying she thinks it's an impediment to the free market and isn't needed. The House sustained Haley's veto after Ways and Means Chairman Brian White took the floor and said the veto was just about the money, not whether the program should continue.
Since that vote, some House Republicans have said they didn't intend to nix the program entirely, pointing out last summer that an executive decision to discontinue the program "may be contrary to law but is certainly contrary to the will and intent of the House of Representatives."
Three dozen states have similar programs, according to the National Conference of State Legislatures.
State law still requires medical facilities to acquire a Certificate of Need from DHEC before building, expanding, offering a new service or buying medical equipment costing more than $600,000. When Haley vetoed the funding, about three dozen projects worth about $100 million were being reviewed by DHEC.
Groups including the South Carolina Hospital Association sued over the issue, saying the state law requiring the review is still on the books and can't be suspended just because DHEC didn't set aside money to pay for it. Supporters also have argued that the Certificate of Need program is needed to keep costly medical services or hospital beds from going unused and that it ensures that rural communities keep access to health care. |
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