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High court questions courts’ role in partisan redistricting
Legal Interview |
2019/03/27 17:10
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The Supreme Court’s conservative majority sounded wary Tuesday of allowing federal judges to determine when electoral maps are too partisan, despite strong evidence that the political parties drew districts to guarantee congressional election outcomes.
The decisions in two cases the justices heard Tuesday, from Maryland and North Carolina, could help shape the makeup of Congress and state legislatures for the next decade in the new districts that will be created following the 2020 census.
In more than two hours of arguments over Republican-drawn congressional districts in North Carolina and a single congressional district drawn to benefit Democrats in Maryland, the justices on the right side of the court asked repeatedly whether unelected judges should police the partisan actions of elected officials.
“Why should we wade into this?” Justice Neil Gorusch asked.
Gorsuch and Justice Brett Kavanaugh pointed out that voters in some states and state courts in others are imposing limits on how far politicians can go in designing districts that maximize one party’s advantage.
Gorsuch said the court’s 2015 ruling upholding Arizona voters’ decision to take redistricting away from the legislature and create an independent commission shows there are other ways to handle the issue. That case was decided by a 5-4 vote before Gorsuch joined the court, with four conservatives in dissent. |
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Supreme Court tosses $315 million award in USS Cole lawsuit
Headline Legal News |
2019/03/24 17:11
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The Supreme Court on Tuesday threw out a nearly $315 million judgment against Sudan stemming from the USS Cole bombing, saying Sudan hadn't properly been notified of the lawsuit.
The justices ruled 8-1 that notice of the lawsuit should have been mailed to Sudan's foreign ministry in the country's capital, Khartoum. The notice was instead mailed to Sudan's embassy in Washington.
The lawsuit in which the justices ruled involves sailors who were injured in the 2000 bombing of the Cole in Yemen. Sailors and their spouses sued Sudan in a U.S. court, arguing that Sudan had provided support to al-Qaida, which claimed responsibility for the Cole attack. Seventeen sailors died when the ship was struck by a bomb-laden boat. Dozens of others were injured.
In order to alert Sudan to the lawsuit, the group mailed the required notice to Sudan's embassy in Washington. Sudan didn't initially respond to the lawsuit in court, and a judge entered an approximately $315 million judgment against the country. Sudan then tried to get the judgment thrown out.
Sudan and the sailors who were suing disagreed about the requirements of a 1976 law, the Foreign Sovereign Immunities Act. The statute lays out how to properly notify another country of a lawsuit filed in a U.S. court. If other agreements between the countries don't exist, the law says that notice should be "addressed and dispatched ... to the head of the ministry of foreign affairs of the foreign state concerned."
Lawyers for Sudan and for the U.S. government had argued that the best reading of that phrase is that it requires the notice to be sent to the foreign minister in the foreign country. The Supreme Court agreed. |
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High court won’t referee dispute over Michael Jordan images
Court News |
2019/03/22 17:12
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The Supreme Court said Monday it won’t step in to referee a copyright dispute between Nike and a photographer who took a well-known image of basketball great Michael Jordan. That means lower court rulings for the athletic apparel maker will stand.
Photographer Jacobus Rentmeester sued Nike after it used an image he took of Jordan in the 1980s as inspiration for a photograph it commissioned for its own ads. The company’s photo, which was used on posters and billboards, then became the basis for the “Jumpman” logo for Nike’s Air Jordan shoes. Rentmeester sued Beaverton, Oregon-based Nike in 2015 saying both the Nike photo and logo infringed on his copyright image.
Rentmeester’s original photo of Jordan was taken for Life magazine in 1984, while Jordan was a student at the University of North Carolina. It shows Jordan holding a basketball in his left hand and leaping, ballet-like toward a basketball hoop. At the time, Jordan was preparing for the upcoming Summer Olympics, which were being held in Los Angeles. In the photo, Jordan is wearing the U.S. Olympic team uniform.
Both Rentmeester’s photo and Nike’s photo involve a basketball hoop at the right side of the image and were taken from a similar angle. Jordan’s pose is similar in both photos. But in the Nike photo, Jordan is wearing the red and black of the Chicago Bulls, which he joined in 1984, and the Chicago skyline is the background. One other difference: In Rentmeester’s photo, Jordan is wearing Converse.
Rentmeester cried foul, argued that the differences between his photo and Nike’s were “minor,” and said that nearly every original element in his photo also appeared in Nike’s. Lower courts ruled for Nike.
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Supreme Court to consider Louisiana's non-unanimous juries
Securities Class Action |
2019/03/18 16:14
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The Supreme Court will consider banning non-unanimous juries in criminal cases in Louisiana, the only state that still allows them.
The justices said Monday they will hear an appeal from a man who was convicted of second-degree murder by a jury's 10-2 vote. First-degree murder charges already require a unanimous jury to convict.
Oregon voters recently approved a state constitutional amendment that ended Oregon's use of divided juries to convict some criminal defendants.
The high court also is agreeing Monday to decide whether states can eliminate the so-called insanity defense for criminal defendants without violating the Constitution.
The appeal comes from a Kansas man who has been sentenced to death for killing his estranged wife, their two daughters and the wife's grandmother. The cases will be argued in the fall. |
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Court to rule on Newtown shooting lawsuit against gun maker
Legal Interview |
2019/03/16 16:24
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The Connecticut Supreme Court is scheduled to rule on whether gun maker Remington can be sued for making the Bushmaster rifle used to kill 20 children and six educators at Sandy Hook Elementary School in 2012.
Justices are split on the question as the court is scheduled to release majority and dissenting opinions Thursday.
The plaintiffs include a survivor and relatives of nine people killed in the massacre. They argue the AR-15-style rifle used by shooter Adam Lanza was designed as a military killing machine and is too dangerous for the public, but Remington glorified the weapon in marketing it to young people.
A lower court judge dismissed the lawsuit in 2016, agreeing with Remington that federal law shields gun makers from liability when their products are used in crimes. |
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Investment Fraud Litigation |
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Securities fraud, also known as stock fraud and investment fraud, is a practice that induces investors to make purchase or sale decisions on the basis of false information, frequently resulting in losses, in violation of the securities laws. Securities Arbitration. Generally speaking, securities fraud consists of deceptive practices in the stock and commodity markets, and occurs when investors are enticed to part with their money based on untrue statements.
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The content contained on the web site has been prepared by Securities Law News as a service to the internet community and is not intended to constitute legal advice or a substitute for consultation with a licensed legal professional in a particular case. | Affordable Law Firm Website Design by Law Promo |
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