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Court: Ukraine can try to avoid repaying $3B loan to Russia
Legal Focuses | 2023/03/15 13:45
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.


Appeals ruling leaves Trump fate in defamation suit in flux
Legal Focuses | 2022/09/27 16:20
A federal appeals court asked a Washington D.C. appeals court Tuesday to help it decide whether the United States should be substituted for former President Donald Trump as the defendant in a defamation lawsuit brought by a woman who says he raped her over a quarter century ago.

The 2nd U.S. Circuit Court of Appeals in Manhattan in a 2-to-1 decision reversed a lower court ruling that had concluded Trump must face the lawsuit brought in Manhattan federal court by columnist E. Jean Carroll.

But it stopped short of saying the U.S. can be substituted for Trump as the defendant in the lawsuit. Instead, it asked The D.C. Court of Appeals, the highest court in the District of Columbia, to decide whether Trump’s public statements denying Carroll’s rape claims occurred within the scope of his employment as president.

Carroll maintains Trump defamed her with public comments he made after she wrote in a 2019 book that Trump raped her during a chance encounter in the mid-1990s in a Manhattan department store. Trump denied the rape and questioned Carroll’s credibility and motivations.

The 2nd Circuit said Trump would be entitled to immunity by having the U.S. substituted as the defendant in the lawsuit if it was decided that his statements came within the scope of his employment.


2nd defendant pleads guilty in 2018 hate crime in Washington
Legal Focuses | 2022/04/09 14:51
A second defendant has pleaded guilty in federal court to a hate crime and making false statements in connection with a 2018 racially-motivated assault in the Seattle area.

U.S. Attorney Nick Brown said Jason DeSimas, 45, of Tacoma, Washington, is one of four men from across the Pacific Northwest being prosecuted for punching and kicking a Black man at a bar in Lynnwood, Washington.

U.S. District Judge Richard A. Jones scheduled sentencing for July 8.

According to the plea agreement, DeSimas was a prospective member of a white supremacist group. DeSimas believed that he and his group could go into bars and initiate fights, so that the rest of the members of the group could join in.

On Dec. 8, 2018, the men went to a bar in Lynnwood, Washington and assaulted a Black man who was working as a DJ. The group also assaulted two other men who came to the DJ’s aid. The attackers shouted racial slurs and made Nazi salutes during the assault.

DeSimas also admitted making false statements to the FBI during the investigation of the case.

Under terms of the plea agreement, both sides will recommend a 37-month prison term. The judge is not bound by the recommendation.

Daniel Delbert Dorson, 24, of Corvallis, Oregon, has already pleaded guilty in the case and is scheduled for sentencing Aug. 19. Jason Stanley, 44, of Boise, Idaho, and Randy Smith, 39, of Eugene, Oregon, are also charged in the case and are in custody awaiting trial.


Court affirms conviction in hot-grease injuries to wife
Legal Focuses | 2020/03/19 17:18
The Mississippi Supreme Court has affirmed the conviction of a man who injured his wife by dousing her with hot grease after she said she was planning to leave him.

Justices handed down a unanimous decision Thursday in the appeal of Kendall Woodson, 42, of Greenwood, the Greenwood Commonwealth reported.

“We cannot find any arguable issue for appeal or reversible error committed by the trial court,” Justice David Ishee wrote in upholding the conviction.

Woodson was convicted in 2017 of domestic aggravated assault and sentenced to 20 years in prison. He is in the Holmes/Humphreys County Correctional Facility in Lexington.

Woodson and his wife had been married for 20 years at the time of the assault. According to court records, Anita Woodson testified that she got home from work around 12:45 a.m. on Aug. 6, 2015. During an argument, she told her husband she was going to leave him the next day.

She fell asleep, then woke up when Kendall Woodson pulled her up by the hair, began beating her and poured hot cooking oil on her head, while threatening to kill her. Anita Woodson was severely burned and received a concussion.



UK parents lose court appeal to keep baby on life support
Legal Focuses | 2020/02/14 10:58
The parents of a baby declared brain dead by doctors have lost the latest round of a legal battle in Britain’s courts to keep him on life support.

Britain’s Court of Appeal on Friday rejected an attempt by Karwan Ali and Shokhan Namiq to overturn a High Court order that doctors could stop treating their infant son, Midrar Ali.

The baby was starved of oxygen due to complications at birth, and was born not breathing and without a heartbeat. He has been on a ventilator ever since.

Judges at both courts agreed with doctors that Midrar Ali had experienced “irreversible brain stem death” by Oct. 1, when he was 14 days old. Three appeals judges ruled Friday that doctors could lawfully "cease to mechanically ventilate" the baby.

One of the judges, Andrew McFarlane, said Midrar Ali no longer had a "brain that is recognizable as such." "There is no basis for contemplating that any further tests would result in a different outcome," he said.


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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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