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Court extends house arrest for Russian theater director
Court Watch |
2017/10/20 01:52
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A court in Russia's capital ruled Tuesday to extend the house arrest of a widely revered theater and film director.
Kirill Serebrennikov was detained and put under house arrest in August in a criminal case that sent shockwaves across Russia's art community and raised fears of return to Soviet-style censorship.
Moscow's Basmanny District Court decided to keep Serebrennikov under house arrest until Jan. 19 per investigators' request.
Investigators have accused him of scheming to embezzle about $1.1 million in government funds allocated for one of his productions and the projects he directed between 2011 and 2014.
Serebrennikov has dismissed the accusations as absurd.
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The Latest: Spain asks for jailing of Catalonia police chief
Headline Legal News |
2017/10/19 15:54
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A Spanish prosecutor is asking for Catalonia's regional police chief to be jailed in a sedition case related to the staging of Catalonia's banned Oct. 1 secession referendum.
Maj. Josep Lluis Trapero testified for about two hours at Madrid's National Court on Monday, following which the court prosecutor recommended he be sent to prison provisionally without bail. The judge will decide on the request after 6 p.m.
Trapero, another regional police offer and the leaders of two pro-independence associations are under investigation for sedition for their roles in Sept. 20-21 demonstrations in Barcelona as Spanish police arrested several Catalan officials and raided offices in a crackdown on referendum preparations.
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High court to hear appeal in Newtown gun maker lawsuit
Headline Legal News |
2017/10/18 15:53
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The appeal of a decision to dismiss a wrongful death lawsuit against the maker of the rifle used in the 2012 Newtown school shooting is headed to Connecticut's highest court next month.
The state Supreme Court will begin hearing arguments Nov. 14 in the civil case brought against North Carolina-based Remington Arms by some of the Newtown victims' families.
A Superior Court judge dismissed the case last year. At issue were exceptions to a federal ban on most lawsuits against gun makers. The judge rejected the families' argument that the suit is allowed under the exceptions.
Newtown shooter Adam Lanza used a Remington-made, AR-15-style rifle to kill 20 children and six educators. |
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Lawyers want Supreme Court to block Texas from executing man
Legal Topics |
2017/10/17 12:54
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Attorneys for an inmate convicted in a prison guard's death are asking the U.S. Supreme Court to halt his Thursday evening execution.
Robert Pruett's lawyers want justices to review whether lower courts properly denied a federal civil rights lawsuit that sought additional DNA testing in the case. They are also questioning whether a prisoner who claims actual innocence, as Pruett does, can be put to death.
If the execution is carried out Thursday, Pruett would be the sixth prisoner executed this year in Texas, which carries out the death penalty more than any other state. Texas put seven inmates to death last year. His execution would be the 20th nationally, matching the U.S. total for all of 2016.
Pruett avoided execution in April 2015, when a state judge halted his punishment just hours before he could have been taken to the death chamber. His lawyers had convinced the judge that new DNA tests needed to be conducted on the steel rod used to stab the 37-year-old Nagle.
The new tests showed no DNA on the tape but uncovered DNA on the rod from an unknown female who authorities said likely handled the shank during the appeals process after the original tests in 2002.
In June, Pruett's execution was rescheduled for October. Pruett's attorneys then unsuccessfully sought more DNA testing and filed a federal civil rights lawsuit in August, arguing Pruett had been denied due process. The 5th U.S. Circuit Court of Appeals rejected the lawsuit last week, and Pruett's attorneys appealed to the U.S. Supreme Court on Tuesday.
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Oregon Supreme Court denies request for information release
Attorney News |
2017/10/16 08:52
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The Oregon Supreme Court has denied a request by The Oregonian Publishing Co. for Oregon Health and Science University to release the names of patients who intend to sue.
The Oregonian/OregonLive reports the court ruled on Thursday that the information is protected from public disclosure under the federal Health Insurance Portability and Accountability Act.
The company that publishes the Portland newspaper in 2011 sought a list of names of those who planned to sue the university, which is a public institution that receives taxpayer money. The list would have included patients, students, employees, contractors and visitors.
Lower courts ordered the university to release the information, but it appealed to the state Supreme Court. State attorneys filed a brief in support of the newspaper’s position.
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Supreme Court to consider American Express fee dispute
Opinions |
2017/10/15 15:53
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The Supreme Court is taking up an appeal by 11 states that argue American Express violated antitrust laws by barring merchants from asking customers to use other credit cards that charge lower fees.
The justices said Monday they would review a ruling by the federal appeals court in New York that sided with American Express.
The case stems from a lawsuit filed by states and the Obama administration in 2010 against American Express, Mastercard and Visa. The lawsuit said that letting merchants steer customers to cards with lower fees for merchants or to other preferred cards would benefit consumers and increase incentives for networks to reduce card fees.
Visa and MasterCard entered into consent judgments in 2011 and stopped their anti-steering rules for merchants while American Express proceeded to trial.
A trial judge ruled against American Express in 2015, but the appeals court reversed that ruling last year.
The Trump administration said it agreed with the states, but still urged the Supreme Court to reject the case. The administration said the justices should let the issue percolate in the lower courts.
The 11 states that joined the appeal are Connecticut, Idaho, Illinois, Iowa, Maryland, Michigan, Montana, Ohio, Rhode Island, Utah and Vermont.
Other states that were part of the original lawsuit are Arizona, Missouri, Nebraska, New Hampshire, Tennessee and Texas.
The court will hear argument in Ohio v. American Express, 16-1454, during the winter. |
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Court agrees to take on US-Microsoft dispute over emails
Legal Business |
2017/10/14 15:53
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The Supreme Court agreed Monday to take on a major dispute over the government's authority to force American technology companies to hand over emails and other digital information sought in criminal probes but stored outside the U.S.
The justices intervened in a case of a federal drug trafficking investigation that sought emails that Microsoft keeps on a server in Ireland. The federal appeals court in New York said that the emails are beyond the reach of a search warrant issued by an American judge.
The Trump administration and 33 states told the court that the decision is impeding investigations into terrorism, drug trafficking, fraud and child pornography because other courts are relying on the ruling in preventing U.S. and state authorities from obtaining information kept abroad.
The case is among several legal clashes that Redmond, Washington-based Microsoft and other technology companies have had with the government over questions of digital privacy and authorities' need for information to combat crime and extremism.
Privacy law experts say the companies have been more willing to push back against the government since the leak of classified information detailing America's surveillance programs.
The case also highlights the difficulty that judges face in trying to square decades-old laws with new technological developments. In urging the high court to stay out of the case, Microsoft said Congress needs to bring the law into the age of cloud computing.
In 2013, federal investigators obtained a warrant under a 1986 law for emails from an account they believe was being used in illegal drug transactions as well as identifying information about the user of the email account.
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