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Car Accidents Attorney in Sunnyvale, California
Legal Topics |
2023/04/04 10:28
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If you have been injured in an accident, you need a personal injury attorney who is ready to fight for the compensation you deserve. At the Law Offices of Esra Jung, we have spent decades helping the hardworking people of Sunnyvale fight for justice in the face of sudden injuries. Car Accidents Attorney in Sunnyvale, CA
Our attorneys have more than 40 years of combined experience serving injured people. Our staff also have a wealth of knowledge with many years in the field. We believe in applying all that experience to do the best job possible for our clients.
No personal injury claim is a minor one to us. Our goal is to get good results quickly and to keep you informed every step of the way. If you have a concern or question about pursuing compensation for someone else’s negligence, or you are looking for an experienced personal injury attorney in Sunnyvale, call (408) 556-0300 for a free consultation or contact us online. |
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UN seeks court opinion on climate in win for island states
Legal Topics |
2023/04/01 00:13
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The countries of the United Nations led by the island state of Vanuatu adopted what they called a historic resolution Wednesday calling for the U.N.‘s highest court to strengthen countries’ obligations to curb warming and protect communities from climate disaster.
The resolution was adopted by consensus and Vanuatu Prime Minister Ishmael Kalsakau called it “a win for climate justice of epic proportions.” He reeled off a string of recent disasters including back-to-back Category 4 cyclones in his own country and record-breaking Cyclone Freddy that refused to leave southeastern Africa in recent weeks. “Catastrophic and compound effects like this are growing in number,” he said.
U.N. Secretary-General António Guterres said he hoped the opinion, when issued, would encourage nations “to take the bolder and stronger climate action that our world so desperately needs.”
Saudi Arabia and Iraq sought to soften the resolution, which was co-sponsored by some 132 countries, saying it would increase the workload of the international court.
Like many Pacific Island nations Vanuatu is at risk of rising seas engulfing swathes of the islands. Scientists say both extreme weather and sea levels have worsened because of climate change caused by the burning of fossil fuels. The resolution asks the court to pay particular attention to the harm endured by small island states.
Youth groups bolstered the effort, citing the need to protect the planet for current and future generations.
“I don’t want to show a picture to my child one day of my island. I want my child to be able to experience the same environment and the same culture that I grew up in,” said Cynthia Houniuhi of the Solomon Islands, who is president of Pacific Islands Students Fighting Climate Change, a group involved in getting the resolution to the General Assembly. “The environment that sustains us is disintegrating before our eyes.”
The group’s Solomon Yeo said “young people across the world will recall the day when we were able to get the world’s highest court, the International Court of Justice, to bring its voice to the climate justice fight.”
While the opinion from the International court of justice would not be binding, it would encourage states “to actually go back and look at what they haven’t been doing and what they need to do” to address the climate emergency, said Nilufer Oral, director at the Center for International Law at the University of Singapore.
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Supreme Court skeptical of man who offered adult adoptions
Headline Legal News |
2023/03/28 05:10
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The Supreme Court seemed inclined Monday to rule against a man convicted of violating immigration law for offering adult adoptions he falsely claimed would lead to citizenship.
Attorneys for Helaman Hansen told the justices during approximately 90 minutes of arguments that the law he was convicted of violating was too broad. But the court’s conservative majority in particular seemed willing to side with the government and conclude that it is not.
Justice Neil Gorsuch noted that the law “has been on the books for 70 years” without some of the issues Hansen’s lawyers worried about. He also expressed no sympathy for Hansen himself, who he said was “taking advantage of very vulnerable people.”
“He had every intent in the world to keep these people here to take their money with no prospect they’d ever” actually get citizenship, Gorsuch said.
The case involves a section of federal immigration law that says a person such as Hansen who “encourages or induces” a non-citizen to come to or remain in the United States illegally can be punished by up to five years in prison. That’s increased to up to 10 years if the person doing the encouraging is doing so for their own financial gain.
The federal government says that from 2012 to 2016 Hansen — who lived in Elk Grove, California, near Sacramento — deceived hundreds of non-citizens into believing that he could guarantee them a path to citizenship through adult adoption.
Based on Hansen’s promises, officials say, people either came to or stayed in the United States in violation of the law, even though Hansen knew that the adult adoptions he was arranging would not lead to citizenship. The government says at least 471 people paid him between $550 and $10,000 and that in total he collected more than $1.8 million.
Hansen was ultimately convicted of encouragement charges as well as fraud charges. He was sentenced to 10 years in prison for the encouragement charges and another 20 years on the fraud charges. But a federal appeals court ruled that the law on encouragement is overbroad and violates the free speech clause of the First Amendment and overturned just those convictions.
The court’s three liberal justices seemed more concerned about the reach of the law. Justice Elena Kagan asked “what happens to all the cases” where a lawyer, doctor, neighbor, friend or teacher “says to a non-citizen: ‘I really think you should stay.’” Kagan wanted to know whether those people could or would be prosecuted under the law.
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Trump lawyer in court after being forced before grand jury
Court Watch |
2023/03/24 16:12
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A lawyer for Donald Trump was back in court Friday after being ordered to answer questions before a grand jury investigating the possible mishandling of classified documents at the former president’s Florida estate.
M. Evan Corcoran entered federal court in the District of Columbia early Friday morning, one week after a federal judge ruled in favor of the Justice Department in forcing Corcoran to answer additional questions before a grand jury that has been hearing testimony for months. He did not make any comments as he arrived at the building.
The interest by prosecutors in Corcoran’s testimony underscores the legal peril confronting Trump, making clear the department’s continued focus. Corcoran is relevant to the investigation because he drafted a letter that was given to the department last June asserting that a “diligent search” for classified documents had been done in response to a subpoena. The letter was accompanied by the return of roughly three dozen documents with classified markings.
But prosecutors have said in court filings they developed evidence showing that additional classified documents remained at the property. The FBI returned with a search warrant on Aug. 8 and removed roughly 100 additional classified documents, the filings show.
Attorney-client privilege traditionally shields lawyers from being forced to share details of their conversations with prosecutors. Corcoran invoked that privilege during an earlier appearance before the grand jury when he declined to answer certain questions.
Another Trump lawyer, Timothy Parlatore, confirmed in an interview with The Associated Press on Friday that he had voluntarily testified for about six hours or seven hours before the grand jury in December to answer questions about the Trump team’s compliance with the department’s efforts to reclaim the classified documents. |
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Lawyers: Dispute over Van Gogh art in Detroit is settled
Headline Legal News |
2023/03/21 16:58
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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. |
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Supreme Court remembering Justice Ruth Bader Ginsburg
Headline Legal News |
2023/03/17 16:34
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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.
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Court: Ukraine can try to avoid repaying $3B loan to Russia
Legal Topics |
2023/03/16 02:22
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The U.K. Supreme Court ruled Wednesday that Ukraine can go to trial to try to avoid repaying $3 billion in loans it said it took under pressure from Russia in 2013 to prevent it from trying to join the European Union.
The court rejected an attempt to avoid a trial by a British company acting on Russia’s behalf to collect the loans. Ukraine said it borrowed the money while facing the threat of military force and massive illegal economic and political pressure nearly a decade before Russia invaded its neighbor.
Ukrainian President Volodymyr Zelenskyy tweeted that the ruling was “another decisive victory against the aggressor.”
“The Court has ruled that Ukraine’s defense based on Russia’s threats of aggression will have a full public trial,” he tweeted. “Justice will be ours.”
The case was argued in November 2021, and the court was not asked to consider Russia’s invasion of Ukraine three months later.
Ukrainian authorities allege that the corrupt government of pro-Russian Ukrainian President Viktor Yanukovych borrowed the money from Moscow under pressure before he was ousted in protests in February 2014, shortly before Russia illegally annexed Ukraine’s Crimea peninsula.
After the 2014 Ukraine revolution, the country’s new government refused to repay the debt in December 2015, saying Moscow wouldn’t agree to terms already accepted by other international creditors.
The case came to British courts because London-based Law Debenture Trust Corp. had been appointed by Ukraine to represent the interests of bondholders. The company initially won a judgment to avoid trial but Ukraine appealed.
The Supreme Court rejected several of Ukraine’s legal arguments, including that its finance minister didn’t have authority to enter into the loan agreement and that Ukraine could decline payment as a countermeasure to Russia’s aggressions.
The ruling, however, said a court could consider whether the deal was void because of threats or pressure that are illegitimate under English law.
While the court noted that trade sanctions, embargoes and other economic pressures are “normal aspects of statecraft,” economic pressures could provide context to prove that Russia’s threats to destroy Ukraine caused it to issue the bonds. |
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