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Nevada Supreme Court sides with AP in Wynn defamation suit
Legal Business |
2024/02/07 14:05
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The Nevada Supreme Court on Thursday dismissed a defamation lawsuit brought by casino mogul Steve Wynn against The Associated Press over a story about two women’s accounts to police alleging he engaged in sexual misconduct.
The court cited state anti-SLAPP law in rejecting Wynn’s claim that he was defamed in the February 2018 AP article, which cited police documents. SLAPP, or strategic lawsuits against public participation, refers to court filings made to intimidate or silence critics.
“Nevada’s anti-SLAPP statutes were designed to limit precisely the type of claim at issue here, which involves a news organization publishing an article in a good faith effort to inform their readers regarding an issue of clear public interest,” the three-justice panel said in a unanimous opinion.
Wynn had argued that the documents failed to fully describe elements of a woman’s account that would have cast doubt on her allegation that he raped her in the 1970s in Chicago and that she gave birth to their daughter in a gas station restroom.
Lauren Easton, AP vice president of corporate communications said in a statement that the news organization is pleased with the ruling.
“We believe the Nevada Supreme Court made the right decision,” Easton said. Attorney Todd Bice, representing Wynn, said he was “surprised that the Court would change Nevada law and disregard the Nevada Legislature in order to extend legal protections to a news report that was determined to be false.”
He said Wynn’s legal team now is “considering all options.”
Wynn, the 82-year-old developer of a decadeslong casino empire, filed the lawsuit in April 2018 against AP, one of its reporters and Halina Kuta, the woman who made the claim. Two months earlier he had resigned as chairman and chief executive of Wynn Resorts.
Wynn has consistently denied sexual misconduct allegations, which were first reported in January 2018 by the Wall Street Journal.
The case went to the state high court twice, after Clark County District Court Judge Ronald Israel first dismissed AP from the case in August 2018 on the grounds that it “fairly reported” information based on an official document, a police complaint by Kuta, even though authorities never investigated the allegation.
Las Vegas police said too much time had elapsed since Kuta said the events occurred in 1973 or 1974.
Neither accuser was identified in the AP report. Their names and other identifying information were blacked out in documents obtained by AP under a public records request. Las Vegas police refused to provide additional details. |
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Court says GOP lawmakers who staged walkout can’t run for re-election
Legal Business |
2024/02/02 17:11
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The Oregon Supreme Court said Thursday that 10 Republican state senators who staged a record-long walkout last year to stall bills on abortion, transgender health care and gun rights cannot run for re-election.
The decision upholds the secretary of state’s decision to disqualify the senators from the ballot under a voter-approved measure aimed at stopping such boycotts. Measure 113, passed by voters in 2022, amended the state constitution to bar lawmakers from re-election if they have more than 10 unexcused absences.
Last year’s boycott lasted six weeks — the longest in state history — and paralyzed the legislative session, stalling hundreds of bills.
Five lawmakers sued over the secretary of state’s decision — Sens. Tim Knopp, Daniel Bonham, Suzanne Weber, Dennis Linthicum and Lynn Findley. They were among the 10 GOP senators who racked up more than 10 absences.
During oral arguments before the Oregon Supreme Court in December, attorneys for the senators and the state wrestled over the grammar and syntax of the language that was added to the state constitution after Measure 113 was approved by voters.
The amendment says a lawmaker is not allowed to run “for the term following the election after the member’s current term is completed.” The senators claimed the amendment meant they could seek another term, since a senator’s term ends in January while elections are held the previous November. They argue the penalty doesn’t take effect immediately, but rather, after they’ve served another term.
The two sides also wrestled with the slight differences in wording that appeared on the actual ballot that voters filled out and the text of the measure as included in the voters’ pamphlet.
The ballot said the result of a vote in favor of the measure would disqualify legislators with 10 or more unexcused absences from holding office for the “term following current term of office.” It did not include the word “election,” as the text of the measure that appeared in the pamphlet did. What appeared in the pamphlet was ultimately added to the state constitution. |
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Donald Trump must pay an additional $83.3 million to E. Jean Carroll
Legal Topics |
2024/01/28 19:16
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A jury awarded $83.3 million to E. Jean Carroll on Friday in a stinging and expensive rebuke to former President Donald Trump for his continued social media attacks against the longtime advice columnist over her claims that he sexually assaulted her in a Manhattan department store.
The award, coupled with a $5 million sexual assault and defamation verdict last year from another jury in a case brought by Carroll, raised to $88.3 million what Trump must pay her. Protesting vigorously, he said he would appeal.
Carroll, 80, clutched her lawyers’ hands and smiled as the seven-man, two-woman anonymous jury delivered its verdict. Minutes later, she shared a weepy three-way hug with her attorneys.
She declined comment as she left the Manhattan federal courthouse, but issued a statement later through a publicist, saying, “This is a great victory for every woman who stands up when she’s been knocked down, and a huge defeat for every bully who has tried to keep a woman down.”
Trump had attended the trial earlier in the day, but stormed out of the courtroom during closing arguments by Carroll’s attorney. He returned for his own attorney’s closing argument and for a portion of the deliberations, but left the courthouse a half hour before the verdict was read.
“Absolutely ridiculous!” he said in a statement shortly afterward. “Our Legal System is out of control, and being used as a Political Weapon.”
His attorney, Alina Habba, said the verdict resulted because Trump’s opponents were suing “in states where they know they will get juries like this.”
“It will not deter us. We will keep fighting. And, I assure you, we didn’t win today, but we will win,” she said.
The trial reached its conclusion as Trump marches toward winning the Republican presidential nomination a third consecutive time. He has sought to turn his various trials and legal vulnerabilities into an advantage, portraying them as evidence of a weaponized political system.
Though there’s no evidence that President Joe Biden or anyone in the White House has influenced any of the legal cases against him, Trump’s line of argument has resonated with his most loyal supporters, who view the proceedings with skepticism.
Nikki Haley, his last major rival in the Republican primaries, said on social media Friday that the verdict meant that people were “talking about $83 million in damages” rather than fixing the border or inflation.
With the Carroll civil case behind him, Trump still faces 91 criminal charges in four indictments accusing him of trying to overturn the 2020 presidential election, mishandling classified documents and arranging payoffs to a porn star.
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Supreme Court could overturn Oklahoma death row inmate's conviction
Legal Topics |
2024/01/24 17:46
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The Supreme Court on Monday said it will hear an appeal from Oklahoma death row inmate Richard Glossip, who has steadfastly maintained his innocence and averted multiple attempts by the state to execute him.
Glossip was sentenced in a 1997 murder-for-hire of the owner of the motel where he worked.
The case won’t be argued until the fall. Glossip now has the support of the state’s Republican attorney general, Gentner Drummond, who says Glossip’s life should be spared because he did not get a fair trial.
“Public confidence in the death penalty requires the highest standard of reliability, so it is appropriate that the U.S. Supreme Court will review this case,” Drummond said in a statement Monday. “As Oklahoma’s chief law officer, I will continue fighting to ensure justice is done in this case and every other.”
John Mills, an attorney for Glossip, said his client is innocent. “He has no criminal history, no history of misconduct during his entire time in prison, and has maintained his innocence throughout a quarter century wrongfully on death row. It is time – past time – for his nightmare to be over,” Mills said in a statement.
The Supreme Court blocked the latest effort to execute Glossip in early May.
Despite Drummond’s doubts about the trial, an Oklahoma appeals court upheld Glossip’s conviction, and the state’s pardon and parole board deadlocked in a vote to grant him clemency.
But Drummond also has said he does not believe Glossip is innocent of the murder-for-hire killing of his former boss, Barry Van Treese, in 1997. Another man, Justin Sneed, admitted robbing and killing Van Treese after Glossip promised to pay him $10,000. Sneed received a life sentence in exchange for his testimony and was the key witness against Glossip.
Two separate independent investigations have revealed problems with the prosecution’s case.
Drummond said that Sneed lied on the witness stand about his psychiatric condition and his reason for taking the mood-stabilizing drug lithium and that prosecutors knew Sneed was lying.
Also, evidence was destroyed, Drummond said.
Some Republican state lawmakers who support the death penalty have joined the growing chorus of Glossip supporters who are seeking to overturn his conviction.
Glossip’s case has been to the Supreme Court before. He was given a reprieve in 2015, although the court later ruled 5-4 against him in a case involving the drugs used in lethal executions.
Glossip has been just hours away from being executed three times. His last scheduled execution, in September 2015, was halted just moments before he was to be led to the death chamber when prison officials realized they had received the wrong lethal drug. That mix-up helped prompt a nearly seven-year moratorium on the death penalty in Oklahoma.
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Illinois high court hands lawmakers a rare pension-overhaul victory
Headline Legal News |
2024/01/20 17:40
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The Illinois Supreme Court on Friday endorsed the consolidation of local police and firefighter pension systems, a rare victory in a yearslong battle to find an answer to the state’s besieged retirement accounts.
The court’s unanimous opinion rejected claims by three dozen working and retired police officers and firefighters from across the state that the merger of 649 separate systems into two statewide accounts violated the state constitution’s guarantee that benefits “shall not be diminished or impaired.”
For years, that phrase has flummoxed governors and legislatures trying to cut their way past decades of underfunding the retirement programs. Statewide pension systems covering teachers, university employees, state employees, judges and those working for the General Assembly are $141 billion shy of what’s been promised those current and retired workers. In 2015, the Supreme Court overturned lawmakers’ money-saving overhaul approved two years earlier.
Friday’s ruling, which does not affect pension programs in Cook County, which includes Chicago, deals with a law Gov. J.B. Pritzker signed in late 2019 intended to boost investment power and cut administrative spending for hundreds of municipal funds. The Democratic governor celebrated the unusually good pension news.
“We ushered in a new era of responsible fiscal management, one aspect of which has been consolidating over 600 local pension systems to increase returns and lower fees, reducing the burden on taxpayers,” Pritzker said in a statement.
It would appear to be working. As of 2021, the new statewide accounts together had a funding gap of $12.83 billion; a year later, it stood at $10.42 billion, a decline of 18.7%.
Additionally, data from the Firefighters’ Pension Investment Fund shows that through June 2023, the statewide fund had increased return value of $40.4 million while saving, through June 2022, $34 million in investment fees and expenses.
But 36 active and former first responders filed a lawsuit, claiming that the statewide arrangement had usurped control of their retirement benefits. They complained the law violated the pension-protection clause because they could no longer exclusively manage their investments, they no longer had a vote on who invested their money and what risks they were willing to take, and that the local funds had to pay for transitioning to the statewide program.
The court decreed that none of those issues concerned a benefit that was impaired. Beyond money, the pension-protection law only covers a member’s ability to continue participating or to increase service credits.
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What to know: South Africa's genocide case against Israel at ICJ
Legal Business |
2024/01/15 22:16
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Israel is defending itself in the United Nations’ highest court Thursday against allegations that it is committing genocide with its military campaign in Gaza.
South Africa asked the International Court of Justice to order Israel to immediately stop the war, alleging it has violated the 1948 Convention on the Prevention and Punishment of the Crime of Genocide, which was drawn up in the aftermath of World War II and the Holocaust.
The convention defines genocide as acts such as killings “committed with intent to destroy, in whole or in part, a national, ethnical, racial or religious group.”
South Africa’s 84-page filing says Israel’s actions “are genocidal in character because they are intended to bring about the destruction of a substantial part” of the Palestinians in Gaza.
It asks the ICJ for a series of legally binding rulings declaring that Israel is breaching “its obligations under the Genocide Convention,” and ordering Israel to cease hostilities, offer reparations, and provide for the reconstruction of all it has destroyed in Gaza.
The filing argues that genocidal acts include killing Palestinians, causing serious mental and bodily harm, and deliberately inflicting conditions meant to “bring about their physical destruction as a group.” And it says Israeli officials have expressed genocidal intent.
During opening arguments, South African lawyers said the latest war is part of decades of Israeli oppression of Palestinians.
Many South Africans, including President Cyril Ramaphosa, compare Israel’s policies regarding Palestinians in Gaza and the West Bank with South Africa’s past apartheid regime of racial segregation. Israel rejects such allegations.
Israel, which was founded in the aftermath of the Holocaust, has denounced the genocide claim. The Foreign Ministry said South Africa’s case lacks legal foundation and constitutes a “despicable and contemptuous exploitation” of the court. |
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What to know about arguments over Donald Trump's immunity claims
Attorney News |
2024/01/11 17:33
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Appeals court judges signaled Tuesday that they will likely reject Donald Trump’s claims that he is immune from prosecution in his election interference case. The outcome seemed clear during arguments that touched on a range of political and legal considerations.
The Republican presidential primary front-runner made his first trip in months to Washington’s federal courthouse, where his lawyers sought to convince an appeals court to dismiss the case charging him with plotting to overturn the results of the 2020 election. The defense’s argument was met with outright skepticism by the three-judge panel of the U.S. District Court of Appeals for the D.C. Circuit.
The judges did not say when they might rule, but the timing of their decision is crucial with a March 4 trial date looming. Trump’s lawyers, who are hoping to delay the case beyond the November presidential election, are certain to go to the U.S. Supreme Court if the D.C. court sides with special counsel Jack Smith.
Most issues in criminal cases can’t be appealed until after a trial verdict, though there are certain circumstances when a defendant can appeal immediately. Smith’s team has not challenged the appeals court’s ability to hear the immunity issue ahead of trial. But a watchdog group called American Oversight filed a friend-of-the-court brief arguing that the appeals court should dismiss Trump’s challenge because Supreme Court precedent shows that it lacks jurisdiction to consider the issue now. If the appeals court agrees that it lacks jurisdiction, it would send the case back to the trial court before even deciding the immunity issue.
Trump’s attorney, D. John Sauer, told the judges that presidential immunity is clearly an issue meant to be resolved before trial. He argued that legal precedent supports the idea that the appeals court is right to consider the immunity claim at this time. |
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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. |
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