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Court rules Rams lawsuit can be heard in St. Louis courtroom
Law & Court News |
2019/08/30 09:55
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The Missouri Supreme Court has ruled that a lawsuit filed over the Rams' departure from St. Louis will be heard in a St. Louis courtroom, a defeat for the NFL team's owner who sought to send the case to arbitration.
The court issued its ruling Tuesday in a lawsuit filed by St. Louis city and county and the St. Louis Regional Convention and Sports Complex Authority, which owns the domed stadium where the Rams formerly played. It named Rams owner Stan Kroenke, who moved the team to Los Angeles for the 2016 season, the NFL and league owners.
It wasn't immediately clear if an appeal was planned. Messages left Wednesday with the Rams, Kroenke's attorney and the NFL were not immediately returned
The lawsuit alleged that the Rams' departure violated a 1984 league guideline that was established after the Raiders moved from Oakland to Los Angeles. The league, the Rams and Kroenke have argued that the disagreements should be settled behind closed doors in arbitration.
The suit seeks financial damages, but a win for the city, county and dome authority would not return the team to St. Louis.
The Rams' departure left a bitter taste in St. Louis, which lost an NFL team for the second time in 30 years ? the Cardinals moved to Arizona in 1987.
Last month, a judge gave preliminary approval to the settlement of a separate suit filed on behalf of fans who bought St. Louis Rams tickets and team merchandise. The settlement could be worth up to $25 million. The
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US appeals court: Another conflict in New Orleans courts
Law & Court News |
2019/08/22 09:53
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A state magistrate judge in New Orleans has a conflict of interest when he sets bail for criminal defendants because bail fees help fund court operations, a federal appeals court said Thursday ? the second time in a week it has found such a conflict in New Orleans courts.
The ruling was in response to an appeal filed by Orleans Parish Criminal District Court Magistrate Judge Harry Cantrell ? often the first court official to preside over a newly arrested defendant’s case, and the one who initially sets bond.
A three-judge panel of the 5th U.S. Circuit Court of Appeal rejected Cantrell’s appeal and upheld a lower court finding that there was a conflict because fees collected as part of bail go to a judicial expense fund.
The lower court’s ruling came in response to a lawsuit filed by two state criminal defendants, one of whom was jailed for two weeks until money for a bail bond was raised, and another who was never able to come up with the money and stayed in jail for a month.
“Because he must manage his chambers to perform the judicial tasks the voters elected him to do, Judge Cantrell has a direct and personal interest in the fiscal health of the public institution that benefits from the fees his court generates and that he also helps allocate,” Judge Gregg Costa wrote for the appeals panel. The bond fees, the opinion said, contribute between 20% and 25% of the amount spent by the court in recent years.
Last Friday, a separate 5th Circuit panel said the district court judges who hear cases and preside over trials have a conflict of interest when they are faced with deciding whether some defendants are able to pay fines and fees that partially fund their court’s expenses. That decision was in response to a lawsuit filed by criminal defendants who accused the New Orleans-based court of operating what amounted to a debtors’ prison. |
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Puerto Ricans get their 3rd governor in 6 days
Law & Court News |
2019/08/04 18:28
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Justice Secretary Wanda Vazquez became Puerto Rico’s new governor Wednesday, just the second woman to hold the office, after weeks of political turmoil and hours after the island’s Supreme Court declared Pedro Pierluisi’s swearing-in a week ago unconstitutional.
Accompanied by her husband, Judge Jorge Diaz, and one of her daughters, Vazquez took the oath of office in the early evening at the Supreme Court before leaving without making any public comment. She then issued a brief televised statement late Wednesday, saying she feels the pain that Puerto Ricans have experienced in recent weeks.
“We have all felt the anxiety provoked by the instability and uncertainty,” Vazquez said, adding that she would meet with legislators and government officials in the coming days. “Faced with this enormous challenge and with God ahead, I take a step forward with no interest other than serving the people ... It is necessary to give the island stability, certainty to the markets and secure (hurricane) reconstruction funds.”
The high court’s unanimous decision, which could not be appealed, settled the dispute over who will lead the U.S. territory after its political establishment was knocked off balance by big street protests spawned by anger over corruption, mismanagement of funds and a leaked obscenity-laced chat that forced the previous governor and several top aides to resign.
But it was also expected to unleash a new wave of demonstrations because many Puerto Ricans have said they don’t want Vazquez as governor.
“It is concluded that the swearing in as governor by Hon. Pedro R. Pierluisi Urrutia, named secretary of state in recess, is unconstitutional,” the court said in a brief statement. |
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Democratic governor getting to shape Kansas' top court
Law & Court News |
2019/07/28 20:42
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The Kansas Supreme Court's chief justice plans to retire before the end of the year, allowing first-year Democratic Gov. Laura Kelly to leave a bigger mark on the state's highest court than her conservative Republican predecessors.
Chief Justice Lawton Nuss announced Friday that he would step down Dec. 17 after serving on the court since 2002 and as chief justice since 2010. During Nuss' tenure as chief justice, GOP conservatives increasingly criticized the court as too liberal and too activist for the state over rulings on abortion, capital punishment and public school funding.
His announcement came a little more than two weeks after Justice Lee Johnson, another target of criticism on the right, announced plans to retire in September. That means Kelly will have two appointments to the seven-member court since she took office in January when conservative GOP Govs. Sam Brownback and Jeff Colyer had only one appointee between them during the previous eight years.
Both justices voted repeatedly to direct legislators to increase education funding in recent years and were part of the 6-1 majority that declared in April that the state constitution protects access to abortion as a "fundamental" right. They also voted to overturn death sentences in capital murder cases, though Nuss concluded that the death penalty law itself is constitutional. |
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Cyprus police frees 5 Israelis, 7 held in hotel rape probe
Law & Court News |
2019/07/25 20:43
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A Cyprus court on Friday extended the detention of seven of the 12 Israeli teenagers initially arrested as suspects in the rape of a 19-year-old British woman.
The court ordered the suspects to remain in police custody for another six days to give investigators time to finish looking into the woman’s reported rape at a hotel in the resort town of Ayia Napa.
Defense lawyer Nir Yaslovitzh says five other suspects were released from custody on Thursday and have returned to Israel.
Lawyer Yiannis Habaris told The Associated Press that police investigators confirmed that the five released Israelis had no connection with the case. Habaris represents four suspects, two of whom were among those who were released.
Habaris said investigators connected the seven remaining suspects to the case through witness statements as well as DNA evidence which link three of the seven to the alleged victim.
The Cypriot lawyer said the suspects offered investigators certain “explanations” into their whereabouts at the time of the alleged crime.
The court heard that the alleged victim was involved in a relationship with one of the seven suspects and had sexual contact with several of the remaining six over the course of a few days, Habaris said.
Habaris said investigators may decide to take the case to trial before a criminal court if any of the seven suspects aren’t released in the coming days.
Yaslovitzh, an Israeli lawyer who represents three of the 12 Israelis, alleged the release of the five damaged the accuser’s credibility because she told police a dozen individuals sexually assaulted her.
Yaslovitzh also urged Cypriot investigators to look into the woman’s actions at the hotel where the alleged crime occurred and where she was also working.
The seven suspects again covered their faces with their shirts as they entered and exited the courthouse. They face charges of rape and conspiracy to commit rape.
Yaslovitzh had said after the initial custody hearing that all 12 Israelis had come on holidays to Cyprus in three separate groups and didn’t know each other. Some had gone on vacation prior to being inducted into the Israeli army.
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