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Top court orders Italian marines tried in India
Legal Opinions |
2013/01/15 11:17
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India's Supreme Court ruled Friday that two Italian marines accused of killing a pair of fishermen off the coast of India last year will be tried in a special court to be set up by the Indian government. Italy had argued that the shootings should be dealt with by an Italian court and said the killings took place in international waters, which India disputes. The trial is expected to further strain ties between Italy and India that have been frayed by the yearlong fight over the marines' fate. Top Italian officials have visited the marines, Massimiliano Latorre and Salvatore Girone, at a guesthouse in the southern state of Kerala to lend their support and the Indian government allowed them to go home for two weeks to celebrate Christmas with their families. The marines were part of a military security team aboard a cargo ship when they opened fire on a fishing boat last February they said they mistook for a pirate craft and killed two Indian fishermen. The court ruled Friday that the trial should take place in India in a special court to be set up by the central government in consultation with the chief justice, according to the Press Trust of India. The order removed the case from the jurisdiction of the southern state of Kerala, near where the shooting took place. |
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Court to hear 2 days of arguments on gay marriage
Legal Blog News |
2013/01/09 19:44
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The Supreme Court says it will hear two days' worth of arguments over laws affecting gay marriage during the last week of March.
Justices on Monday announced they will hear arguments in Hollingsworth v. Perry on March 26 and United States v. Windsor on March 27.
The first case involves California's constitutional amendment that forbids same-sex marriage. The second concerns a federal law that denies gay couples who legally marry the right to obtain federal benefits available to heterosexual married couples. The court scheduled one hour's worth of arguments on each day. Justices can still extend the amount of time given to arguments in each case, however.
Nine states — Connecticut, Iowa, Maine, Maryland, Massachusetts, New Hampshire, New York, Vermont, and Washington— and the District of Columbia allow gay marriage. |
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Lawyer in Ohio corruption probe to plead guilty
Legal Blog News |
2012/12/27 01:17
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A lawyer charged with racketeering and bribery in a lengthy investigation of county government corruption in Cleveland is preparing to plead guilty.
An indictment filed in June against Anthony Calabrese III alleges he paid a county worker to influence commissioners' choice of a new administration building.
The indictment also accused Calabrese of trying to hinder the corruption investigation.
Calabrese previously was accused of paying public officials in exchange for business for his law firm and legal clients and had pleaded not guilty to all charges against him.
A federal court filing Wednesday says Akron federal judge Sara Lioi has scheduled a Jan. 15 hearing where Calabrese plans to plead guilty. |
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Court orders new look at health care challenge
Attorney Blog News |
2012/12/21 00:09
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The Supreme Court has revived a Christian college's challenge to President Barack Obama's healthcare overhaul, with the acquiescence of the Obama administration.
The court on Monday ordered the federal appeals court in Richmond, Va., to consider the claim by Liberty University in Lynchburg, Va., that Obama's health care law violates the school's religious freedoms.
The court's action at this point means only that the 4th U.S. Circuit Court of Appeals must now pass judgment on issues it previously declined to rule on.
A federal district judge rejected Liberty's claims, and a three-judge panel of the 4th Circuit voted 2-1 that the lawsuit was premature and never dealt with the substance of the school's arguments. The Supreme Court upheld the health care law in June.
The justices used lawsuits filed by 26 states and the National Federation of Independent Business to uphold the health care law by a 5-4 vote, then rejected all other pending appeals, including Liberty's.
The school made a new filing with the court over the summer to argue that its claims should be fully evaluated in light of the high court decision. The administration said it did not oppose Liberty's request.
Liberty is challenging both the requirement that most individuals obtain health insurance or pay a penalty, and a separate provision requiring many employers to offer health insurance to their workers. |
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Mont. can pursue ex-billionaire bankruptcy
Top Court Watch |
2012/12/20 14:09
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Montana's bid to force ultra-luxury resort founder Tim Blixseth into bankruptcy and make him come up with up $57 million in purported back taxes has been resurrected by an appeals court ruling in the case.
A three-judge panel of the 9th U.S. Circuit Court of Appeals overruled a lower court Monday and said Nevada is the proper venue for the case.
Blixseth, a one-time billionaire who lives in Washington state, is believed to have most of his assets in a Nevada-based trust.
On Tuesday, he promised an appeal.
The appellate ruling comes after a Dec. 5 order that Blixseth pay $41 million to creditors from the Yellowstone Club, the private ski resort he founded near Big Sky.
Beginning in 2005, Blixseth diverted most of a $375 million loan to the club to himself and then-wife Edra Blixseth. They used the money to buy up luxury estates around the world, a pair of jets, cars, furniture, art and jewelry.
When the resort started to founder, Tim Blixseth turned it over to Edra Blixseth during their 2008 divorce and took most of their remaining assets. The Yellowstone Club went bankrupt months later. It was later sold and is now under new ownership.
Montana tax authorities contend the money Blixseth got out of the 2005 loan, from banking giant Credit Suisse, was taxable. They've tried for more than two years to get him to pay up. A separate proceeding to get the money is pending before the Montana Tax Appeals Board. |
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