|
|
|
Lawyers: Dispute over Van Gogh art in Detroit is settled
Headline Legal News |
2023/03/21 16:58
|
A deal has been reached over control of an 1888 painting by Vincent van Gogh, lawyers said, weeks after the custody fight created public buzz and much tension near the end of a rare U.S. exhibition in Detroit.
Brokerarte Capital Partners LLC, which claims to own “The Novel Reader,” told a federal appeals court that it reached a confidential settlement with the unnamed entity who loaned the painting to the Detroit Institute of Arts for an exhibition of Van Gogh’s works that ended Jan. 22.
Because of the dispute, the museum has been under orders to hold the painting while the court determined who would next get the art.
Brokerarte Capital, an art brokerage, said it acquired the painting in 2017 for $3.7 million and gave temporary possession of it to a third party who absconded with it. The company filed a lawsuit on Jan. 10 seeking to seize the painting, and the museum subsequently posted a security guard next to it.
The museum was caught in the middle but wasn’t accused of wrongdoing. It has not publicly explained how it got the painting on loan, saying only that it came from a collection in Brazil.
Lawyers for Brokerarte Capital and its sole proprietor, Gustavo Soter of Brazil, said a deal had been reached with the other party.
“Consistent with the confidential settlement, Brokerarte no longer seeks injunctive relief, and therefore, this appeal is moot,” lawyers said in a March 13 filing with the 6th U.S. Circuit Court of Appeals.
The museum said it spent more than $100,000 defending itself in the litigation, which began in federal court in Detroit. It argued that a federal law governing the international sharing of art prevents courts from intervening. The U.S. Justice Department took a similar position.
The museum still is concerned about the significance of the appeals court issuing an injunction in February. It wants the court to consider declaring the injunction “null and void” so it can’t be cited as a precedent in any future international art disputes. |
|
|
|
|
|
|
Supreme Court remembering Justice Ruth Bader Ginsburg
Headline Legal News |
2023/03/17 16:34
|
Justice Ruth Bader Ginsburg, a champion for women’s rights whose death ahead of the 2020 election allowed the Supreme Court to become more conservative, will be remembered during ceremonies Friday at the high court.
Ginsburg, who served as a justice for 27 years and was the Supreme Court’s second female member, will be remembered by some of the people who worked for her as law clerks, young lawyers who spend a year at the court working for a justice. The group includes Elizabeth Prelogar, the Biden administration’s solicitor general, its top Supreme Court lawyer, as well as several judges and professors.
The ceremonies, technically a meeting of the Supreme Court Bar followed by a special session of the court, are a tradition at the high court following the death of a justice, a tradition dating back to 1822. The court will livestream the meeting on its website beginning at 1:45 p.m. EDT.
Ginsburg’s death just over six weeks before the 2020 election was immensely consequential. It allowed then-President Donald Trump to fill the liberal justice’s seat on the court with a conservative, Justice Amy Coney Barrett, and gave conservatives a 6-3 majority on the bench. Barrett was among the justices who voted last year to overturn Roe v. Wade and do away with constitutional protections for abortion, protections Ginsburg had backed as a justice.
|
|
|
|
|
|
|
COVID could create crisis in Alex Murdaugh murder trial
Headline Legal News |
2023/02/13 23:36
|
Two jurors in the double murder trial of disgraced South Carolina attorney Alex Murdaugh have COVID, leaving the future of the proceedings in some doubt as they enter their 16th day Monday.
Judge Clifton Newman decided keep the trial going in the packed Colleton County courtroom after the remaining 10 jurors and five alternates tested negative. They will be tested again on Wednesday. The clerk of court also tested positive for the virus.
Newman said jurors agreed to wear masks. He rejected suggestions from both the defense and prosecutors to delay the trial until that second round of tests Wednesday, reduce the over 200 people allowed to attend the trial each day or order everyone in the courtroom to wear masks other than testifying witnesses and questioning attorneys.
“At the moment, we are going to encourage everyone here to mask up for your own protection as well as the protection of these proceedings and each other,” Newman said.
Murdaugh, 54, faces 30 years to life in prison if convicted of murdering his wife, 52-year-old Maggie, and their 22-year-old son Paul near dog kennels at the family’s Colleton County home on June 7, 2021.
Monday marked the fourth week of the trial and the 13th day of testimony with prosecutors still presenting their case. They called state agents who tested evidence for DNA. |
|
|
|
|
|
|
Abortion among major issues at stake in Wisconsin court race
Headline Legal News |
2023/02/11 10:28
|
A conservative tilt on the Wisconsin Supreme Court has given Republicans victories on voting restrictions, gerrymandered legislative districts and other high-stakes cases in recent years.
Voters now have a chance to tip that balance toward the left, with implications for abortion rights and perhaps the outcome of the 2024 presidential election in one of the nation’s most closely divided political battlegrounds.
Tuesday’s primary will feature two conservatives and two liberals running for the seat of a retiring conservative justice. The top two finishers advancing to the April 4 general election.
The eventual winner will determine whether conservatives maintain the majority on the officially nonpartisan court or it flips to 4-3 liberal control for at least the next two years. The court came within one vote of overturning President Joe Biden’s win in the state in 2020, and both major parties are preparing for another close margin in the 2024 contest.
The Supreme Court election campaign could break national spending records if a conservative and a liberal make it through the primary, with issues such as abortion, the fate of legislative maps, union rights and challenges to election results at stake.
Four of the past six presidential races in Wisconsin have been decided by less than a percentage point, including Donald Trump’s victory in 2016 and Biden’s win in 2020. In 2024, Democrats will try to reelect Sen. Tammy Baldwin and chip into Republican’s hold on six of the state’s eight congressional seats. |
|
|
|
|
|
|
Alabama prison staff shortage worsens despite court order
Headline Legal News |
2023/01/26 10:29
|
A federal judge said Friday Alabama prisons remain critically understaffed, with court filings showing the number of officers in state lockups has continued to drop despite a court order to increase numbers.
The prison system has lost more than 500 security staff employees over the last 18 months, according to court filings.
“We had horrendous understaffing in this department and something has to be done,” U.S. District Judge Myron Thompson said during a status conference in the long-running lawsuit over prison health care.
In 2017, Thompson found that mental health care in Alabama prisons is so inadequate that it violates the U.S. Constitution’s ban on cruel and unusual punishment. He said understaffing is one of the root issues and ordered the state to increase the number of corrections officers.
William Van Der Pol, a lawyer representing inmates in the lawsuit, told Thompson that Alabama has fewer correctional officers than when the litigation began or at any point where they could find comparative numbers.
The state has used pay raises and recruitment efforts to boost officer numbers, but has been hindered by a tight labor market, Bill Lunsford, a lawyer for the state argued.
Thompson asked the two sides to compare current staffing levels to what they were in 2014 when the case was filed.
Van Der Pol, an attorney with the Alabama Disabilities Advocacy Program, told Thompson that based on available numbers the prison system is at its “lowest number in history” for officers working at major facilities. |
|
|
|
|
|
|
Appeals court upholds lobbyist's conviction
Headline Legal News |
2023/01/24 10:31
|
A federal appeals court on Friday refused to overturn the conviction of the only lobbyist to go to trial on charges of bribing public officials related to the Jack Abramoff scandal. Kevin Ring's conviction was upheld by the U.S. Circuit Court of Appeals for the District of Columbia, which called his arguments on appeal "weighty," but not enough to overturn his conviction and sentence of 20 months in prison. Ring got one of the stiffest terms among the 21 defendants in the investigation. Ring was the only lobbyist defendant to go to trial rather than reach an agreement with the government to plead guilty and cooperate. All the other lobbyists and most of the public officials charged cooperated with prosecutors and received plea deals, most of which did not include prison terms. Abramoff, the ringleader, pleaded guilty and was sentenced to four years in prison. Ring, who worked under Abramoff, was convicted of giving meals and event tickets to public officials with an intent to corrupt them. Trial Judge Ellen Huvelle allowed evidence of legal campaign contributions, which prosecutors said showed how Ring gained access to public officials. But Huvelle also told jurors they could not consider the contributions as part of the "illegal stream of benefits" Ring was charged with providing officials. Ring complained that Huvelle overstepped by allowing the legal contributions as evidence. But the appeals court refused to overrule her. |
|
|
|
|
|
|
2 new Family Court judges appointed in West Virginia
Headline Legal News |
2022/07/22 00:40
|
West Virginia Gov. Jim Justice has appointed two new Family Court judges.
David L. Jackson was appointed to serve in the Second Circuit, which includes Marshall, Wetzel and Tyler counties, while Robert M. Ilderton will serve in the Ninth Circuit serving Logan County.
Jackson will replace Judge Robert C. Hicks, who resigned. Ilderton will fill the position vacated by Judge Kelly Gilmore Codispoti, who was appointed to be a Circuit Court judge.
Jackson has 30 years of experience in both private practice and public service. Ilderton has 19 years of experience in private practice and public service. |
|
|
|
|
|
|
Headline Legal News for You to Reach America's Best Legal Professionals. The latest legal news and information - Law Firm, Lawyer and Legal Professional news in the Media. |
|
|
