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Court case exposes rift in Germany's secretive Aldi family
Law & Court News |
2017/11/18 13:33
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A court deferred ruling Thursday in a case that has exposed a rift within Germany's secretive Albrecht family, owners of the discount supermarket chain Aldi.
The dispute centers on the control over Aldi Nord, which operates in northern Germany and at least eight other European countries.
The widow of late patriarch Berthold Albrecht is contesting changes her husband made before his death in 2012 to the statutes of a family foundation that owns 19.5 percent of Aldi Nord.
A lower court sided with Babette Albrecht and her children, who are pitted against Berthold's brother, Theo Jr., and mother Caecilie Albrecht.
Germany's Manager Magazin recently estimated the Aldi Nord branch of the family's wealth at about 18 billion euros ($21 billion). The Schleswig court said the case would continue Dec. 7. |
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Connecticut Governor Will Get His 6th Supreme Court Pick
Law & Court News |
2017/11/08 13:39
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When Gov. Dannel P. Malloy makes his pick for the next Connecticut chief justice, the Democrat will have nominated six of the seven people serving on the state's highest court — a rare feat in the history of the governorship.
Lawyers and other legal affairs observers say the court is rarely partisan, focusing mostly on interpretations of state law that often result in 7-0 rulings.
Occasionally, though, a case comes along that exposes an ideological rift, as it did in a 4-3 ruling that abolished the state's death penalty in 2015 when the majority and minority criticized each other in dueling opinions. Two cases currently before the court may also expose such a rift — a lawsuit against gunmaker Remington Arms in connection with the 2012 Newtown school massacre and a lawsuit challenging the way the state funds local education.
"They're not as controversial as you see at the federal level," said Proloy Das, a Hartford-based lawyer who chairs the appellate practice group at the Murtha Cullina law firm. "Our values aren't all that different across the state."
Das and other observers say the biggest impact of the Malloy nominations may be increased diversity on the court.
Malloy-nominated Justices Richard Robinson and Raheem Mullins are black. Newly appointed Justice Maria Araujo Kahn is one of two full-time female justices, joining soon-to-be-retiring Chief Justice Chase Rogers, who was nominated by Republican former Gov. M. Jodi Rell. And Justice Andrew McDonald, also picked by Malloy, is the court's first openly gay member.
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Indonesia court upholds seizure of illegal fishing vessel
Law & Court News |
2017/10/27 18:43
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Indonesia says it has won a two-year court battle that confirms the legality of the government's seizure of a Thai vessel linked to human trafficking and illegal fishing in Indonesian waters.
Minister of Fisheries and Maritime Affairs Susi Pudjiastuti said the "monumental" ruling from a court in Aceh province shows that governments can win in the fight against cross-border crime.
Pudjiastuti said in a statement this week that the ministry plans to make the refrigerated cargo ship Silver Sea 2 part of a museum to teach the public about illegal fishing.
The ship was seized by Indonesia's navy in August 2015 amid a crackdown on illegal fishing and after an Associated Press investigation showed its links to human trafficking in the fishing industry.
Several months before its capture, the ship and Thai fishing trawlers had abruptly left an island in remote eastern Indonesia, where the Thai fishing industry held trafficked crew members captive, to escape a government crackdown on illegal fishing.
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Court gives government a win in young immigrants' cases
Law & Court News |
2017/10/26 09:59
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A federal appeals court handed the U.S. government a victory Tuesday in its fight against lawsuits opposing a decision to end a program protecting some young immigrants from deportation.
The 2nd U.S. Circuit Court of Appeals in Manhattan directed Brooklyn judges to expeditiously decide if a court can properly review the decision to end in March the Deferred Action for Childhood Arrivals program, or DACA. The government insists it cannot.
Activists are suing the government in New York, California, the District of Columbia and Maryland. DACA has protected about 800,000 people, many of them currently in college, who were brought to the U.S. illegally as children or came with families that overstayed visas.
A three-judge 2nd Circuit panel issued a brief order after hearing oral arguments. It said the government will not have to continue to produce documents or submit to depositions before the lower court decides whether the cases can proceed. It also said it will only decide the issue of whether to order the lower court to limit document production once those issues are addressed.
Attorney Michael Wishnie, who argued for plaintiffs suing the government, praised the appeals court for having "moved swiftly to address the government filings in this case."
And he noted that a Brooklyn judge gave the government until Friday to submit written arguments on the legal issues the appeals court said must be resolved before the case proceeds. The plaintiffs must submit their arguments by Nov. 1.
Earlier Tuesday, Deputy Assistant Attorney General Hashim M. Mooppan told the appeals court panel the government planned to ask the Brooklyn federal court by early next week to dismiss the lawsuits.
He said lawyers fighting the government were engaging in a "massive fishing expedition" for documents and testimony that would reveal the deliberative processes at the highest levels of the Department of Homeland Security and the Justice Department. He called it "wholly improper."
Mooppan seemed to get a sympathetic ear from appeals judges, with one of them saying the government's opponents seemed to be pursuing "a disguised application under the Freedom of Information Act."
"There are a lot of different ways this is very wrong, your honor. That might be one of them," Mooppan said. |
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Immigrant teen seeking abortion asks court to reconsider
Law & Court News |
2017/10/21 09:58
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Attorneys for a pregnant teen being held in a Texas immigration facility are asking a federal appeals court to reconsider its decision not to order the government to let her obtain an abortion.
Lawyers for the 17-year-old on Sunday asked the U.S. Court of Appeals for the District of Columbia to hold another hearing before all the judges on the court.
A three-judge panel ruled against the teen Friday, giving the government until Oct. 31 to find a sponsor to take in the teen so she could get an abortion on her own.
Her lawyers have accused federal officials of unlawfully restricting the teen's rights. But the U.S. Department of Health and Human Services says it has a policy of "refusing to facilitate" abortions for minors in its care. |
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