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Republicans take Senate majority and eye unified power with Trump
Breaking Legal News |
2024/11/07 06:16
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Republicans have taken control of the U.S. Senate and are fighting to keep their majority in the U.S. House, which would produce a full sweep of GOP power in Congress alongside President-elect Donald Trump in the White House.
A unified Republican grip on Washington would set the course for Trump’s agenda. Or if Democrats wrest control of the House, it would provide an almost certain backstop, with veto power over the White House.
Trump, speaking early Wednesday at his election night party in Florida, said the results delivered an “unprecedented and powerful mandate” for Republicans.
He called the Senate rout “incredible.” And he praised House Speaker Mike Johnson, who dashed from his own party in Louisiana to join Trump. “He’s doing a terrific job,” Trump said.
From the U.S. Capitol, Senate GOP Leader Mitch McConnell, privately a harsh Trump critic, called it a “hell of a good day.”
Vote counting in some races could go on for days, and control of the House is too early to call.
The rally for Republicans started early on election night in West Virginia, when Jim Justice, the state’s wealthy governor, flipped the seat held by retiring Sen. Joe Manchin. From there, the Republicans marched alongside Trump across the Senate map.
Republicans toppled Democrat Sen. Sherrod Brown in Ohio, the first incumbent senator to fall, with GOP luxury car dealer and blockchain entrepreneur Bernie Moreno. They chased Democrats in the “blue wall” states of Pennsylvania, Michigan and Wisconsin, where Vice President Kamala Harris strained to carry the party forward, though Democrats avoided a total wipeout as Elissa Slotkin won an open Senate seat in Michigan and Sen. Tammy Baldwin was reelected in Wisconsin.
Democratic efforts to oust firebrand Republicans Ted Cruz of Texas and Rick Scott of Florida collapsed. The unexpected battleground of Nebraska pushed Republicans over the top. Incumbent GOP Sen. Deb Fischer brushed back a surprisingly strong challenge from independent newcomer Dan Osborn.
In one of the most-watched Senate races, in Montana, Democrat Jon Tester, a popular three-term senator and “dirt farmer” in the fight of his political career, lost to Trump-backed Tim Sheehy, a wealthy former Navy SEAL, who made derogatory comments about Native Americans, a key Western state constituency.
All told, Senate Republicans have a chance to scoop up a few more seats, potentially delivering their most robust majority in years — a coda to outgoing GOP Leader McConnell, who made a career charting a path to power, this time by recruiting high-wealth Republicans aligned with Trump.
He told reporters at a Capitol news conference that a Senate under Republican control would “control the guardrails” and prevent changes in Senate rules that would end the filibuster.
McConnell declined to answer questions about his past stark criticism of Trump or about the prospects of potential nominees in a new administration. He also said he viewed the election results as a referendum on the Biden administration.
“People were just not happy with this administration and the Democratic nominee was a part of it,” McConnell said. Ohio Republicans have tightened their grip on the Ohio Supreme Court from 4-3 to 6-1 by ousting two incumbent Democratic justices and winning a third, open seat, the Associated Press projects based on unofficial results. Results remain unofficial until they are certified by local county boards of elections and the Ohio Secretary of State.
The Ohio Supreme Court will rule on a variety of issues that affect the daily lives of Ohioans ranging from education and environmental issues to gerrymandering and elections to civil and reproductive rights.
The state’s highest court has been under Republican control since 1986 and Republicans currently have a 4-3 majority that will increase to 6-1 starting in 2025.
Republican Hamilton County Court of Common Pleas Judge Megan Shanahan defeated incumbent Democratic Justice Michael P. Donnelly, according to unofficial results.
“I’m honored and grateful to the millions of Ohioans who have put their trust in me to be their Ohio Supreme Court Justice,” Shanahan posted on her campaign Facebook page. “I’ll be true to what I campaigned on and will be a Supreme Court Justice who knows that my job is to interpret the law, not to make it. I’ll go to work each day and focus on protecting Ohio’s citizens, communities, and constitution.”
Incumbent Republican Justice Joseph Deters defeated incumbent Democratic Justice Melody Stewart — ousting her from the court, unofficial results show.
Deters decided not to run for his current seat and won a full six-year term. Ohio Gov. Mike DeWine appointed Deters, a former prosecutor, to a vacant seat in January 2023, even though he had no prior experience as a judge.
In the race for an open seat, Republican Judge Dan Hawkins defeated Democratic Judge Lisa Forbes, the AP projected.
This race was for Deters’ open seat, a term that expires on Dec. 31, 2026. Hawkins currently serves on the Franklin County Court of Common Pleas and Forbes is on the 8th District Court of Appeals. Hawkins will face reelection for a full six-year term in 2026.
In 2021, Republican state lawmakers added party labels to the Ohio Supreme Court races, which were previously nonpartisan.
Democratic Justice Jennifer Brunner’s seat will be up in 2026. The seats of Republican Chief Justice Sharon Kennedy, Republican Justice Pat DeWine, and Republican Justice Pat Fischer will be up in 2028. The fight for control of the House became a state-by-state slog, much of which unfolded far from the presidential race.
House races are focused in New York and California, where Democrats are trying to claw back some of the 10 or so seats where Republicans have made surprising gains in recent years.
Other House races are scattered around the country, with some of the most contentious in Maine, the “blue dot” around Omaha, Nebraska, and in Alaska.
Democratic House Minority Leader Hakeem Jeffries said the House “remains very much in play.”
To gain control of the House, Democrats need to flip four seats from Republicans, while holding all of their own, a tall task especially in congressional districts where Trump has won. |
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What to know about the unprecedented floods that killed more than 200 in Spain
Business |
2024/11/03 06:16
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In a matter of minutes, flash floods caused by heavy downpours in eastern Spain swept away almost everything in their path. With no time to react, people were trapped in vehicles, homes and businesses. Many died and thousands of livelihoods were shattered.
A week later, authorities have recovered 218 bodies — with 213 of them in the eastern Valencia region. Police, firefighters and soldiers continued to search Tuesday for an unknown number of missing people.
In many of the 69 devastated localities, mostly located in the southern outskirts of Valencia city, people still face shortages of basic goods. Water is back to running through pipes but authorities say it is only for cleaning and not fit for drinking. Lines form at impromptu emergency kitchens and food relief stands in streets still covered with mud and debris.
Thousands of volunteers are helping soldiers and police reinforcements with the gargantuan task of cleaning up the mire and the countless wrecked cars. At least 46,000 insurance claims for totaled vehicles had been filed, according to Spain’s Economy Minister Carlos Cuerpo.
The ground floors of thousands of homes have been ruined. Inside some of the vehicles that the water washed away or trapped in underground garages, there were still bodies waiting to be identified.
The frustration over the crisis management boiled over on Sunday when a crowd in hard-hit Paiporta hurled mud and other objects at Spain’s royals, Prime Minister Pedro Sánchez and regional officials when they made their first visit to the epicenter of the flood damage.
The storms concentrated over the Magro and Turia river basins and, in the Poyo canal, produced walls of water that overflowed riverbanks, catching people unaware as they went on with their daily lives on Tuesday evening and early Wednesday.
In the blink of an eye, the muddy water covered roads and railways, and entered houses and businesses in towns and villages on the southern outskirts of Valencia city. Drivers had to take shelter on car roofs, while residents took refuge on higher ground.
Spain’s national weather service said that in the hard-hit locality of Chiva, it rained more in eight hours than it had in the preceding 20 months, calling the deluge “extraordinary.” Other areas on the southern outskirts of Valencia city didn’t get rain before they were wiped out by the wall of water that overflowed the drainage canals.
When authorities sent alerts to mobile phones warning of the seriousness of the flooding and asking people to stay at home, many were already on the road, working or covered in water in low-lying areas or underground garages, which became death traps.
Scientists trying to explain what happened see two likely connections to human-caused climate change. One is that warmer air holds and then dumps more rain. The other is possible changes in the jet stream — the river of air above land that moves weather systems across the globe — that spawn extreme weather.
Climate scientists and meteorologists said the immediate cause of the flooding is called a cut-off lower-pressure storm system that migrated from an unusually wavy and stalled jet stream. That system simply parked over the region and poured rain. This happens often enough that in Spain they call them DANAs, the Spanish acronym for the system, meteorologists said.
And then there is the unusually high temperature of the Mediterranean Sea. It had its warmest surface temperature on record in mid-August, at 28.47 degrees Celsius (83.25 degrees Fahrenheit), said Carola Koenig of the Centre for Flood Risk and Resilience at Brunel University of London.
The extreme weather event came after Spain battled with prolonged droughts in 2022 and 2023. Experts say that drought and flood cycles are increasing with climate change.
“Climate change kills, and now, unfortunately, we are seeing it firsthand,” Sánchez said Tuesday after announcing a 10.6-billion-euro relief package for 78 municipalities. |
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A man who threatened to kill Democratic election officials pleads guilty
Corporate Governance |
2024/10/29 08:51
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A Colorado man repeatedly made online threats about killing the top elections officials in his state and Arizona — both Democrats — as well as a judge and law enforcement agents, according to a guilty plea he entered Wednesday.
Teak Ty Brockbank, 45, acknowledged to a federal judge in Denver that his comments were made “out of fear, hate and anger,” as he sat dressed in a khaki jail uniform before pleading guilty to one count of transmitting interstate threats. He faces up to five years in prison when he’s sentenced on Feb. 3.
Brockbank’s case is the 16th conviction secured by the Justice Department’s Election Threats Task Force, which Attorney General Merrick Garland formed in 2021 to combat the rise of threats targeting the election community.
Earlier this year, French actor Judith Godrèche called on France’s film industry to “face the truth” on sexual violence and physical abuse during the Cesar Awards ceremony, France’s version of the Oscars. “We can decide that men accused of rape no longer rule the (French) cinema,” Godrèche said.
“As we approach Election Day, the Justice Department’s warning remains clear: anyone who illegally threatens an election worker, official, or volunteer will face the consequences,” Garland said in a statement.
Brockbank did not elaborate Wednesday on the threats he made, and court documents outlining the plea agreement were not immediately made public. His lawyer Thomas Ward declined to comment after the hearing.
However, the U.S. Attorney’s Office for Colorado said in statement that the plea agreement included the threats Brockbank made against the election officials — identified in evidence as Colorado Secretary of State Jena Griswold and former Arizona Secretary of State Katie Hobbs, now the state’s governor.
Griswold has been outspoken nationally on elections security and has received threats in the past over her insistence that the 2020 election was secure. Her office says she has gotten more frequent and more violent threats since September 2023, when a group of voters filed a lawsuit attempting to remove former President Donald Trump from Colorado’s primary ballot.
“I refuse to be intimidated and will continue to make sure every eligible Republican, Democrat, and Unaffiliated voter can make their voices heard in our elections,” Griswold said in a statement issued after Brockbank’s plea.
Investigators say Brockbank began to express the view that violence against public officials was necessary in late 2021. According to a detention motion, Brockbank told investigators after his arrest that he’s not a “vigilante” and hoped his posts would simply “wake people up.” He has been jailed since his Aug. 23 arrest in Cortez, Colorado.
Brockbank criticized the government’s response to Tina Peters, a former Colorado county clerk convicted this year for allowing a breach of her election system inspired by false claims about election fraud in the 2020 presidential race, according to court documents. He also was upset in December 2023 after a divided Colorado Supreme Court removed Trump from the state’s presidential primary ballot.
In one social media post in August 2022, referring to Griswold and Hobbs, Brockbank said: “Once those people start getting put to death then the rest will melt like snowflakes and turn on each other,” according to copies of the threats included in court documents. In September 2021, Brockbank said Griswold needed to “hang by the neck till she is Dead Dead Dead,” saying he and other “every day people” needed to hold her and others accountable, prosecutors said. |
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Ford cuts 2024 earnings guidance due to warranty costs and slow pace of cost cutting
Law Promo News |
2024/10/26 08:51
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Stubbornly high warranty expenses and lagging cost-cutting efforts are holding back Ford Motor Co.'s profits this year, causing the company to lower its full-year earnings guidance.
That pushed the company’s stock price down 6% in trading after Monday’s closing bell.
The Dearborn, Michigan, automaker, which reported third-quarter earnings Monday, said its net profit tumbled nearly 26% as it took $1 billion in accounting charges to write down assets for a canceled three-row electric SUV.
Ford said it made $892 million from July through September, compared with $1.2 billion it made a year earlier.
But excluding the one-time items, the company made an adjusted pretax profit of $2.6 billion, or 49 cents per share. That beat analyst estimates of 46 cents, according to FactSet.
Revenue rose 5.5% to $46.2 billion, also beating Wall Street predictions. Ford reduced its full-year pretax income guidance to $10 billion, at the low end of the $10 billion to $12 billion it expected at the end of the second quarter, spooking investors.
“Cost, especially warranty, has held back our earnings power, but as we bend that curve, there is significant financial upside for investors,” CEO Jim Farley told analysts on a conference call.
Chief Financial Officer John Lawler said warranty costs were slightly below the third quarter of last year, but still high. The company wouldn’t give numbers until it files its quarterly report with securities regulators on Tuesday but said costs will be higher than a year ago.
Ford reported $800 million of increased warranty costs for the second quarter of this year.
Farley has been trying to get a handle on warranty costs for the past four years. In October of 2020, he said the company was working to cut quality-related repairs after glitch-prone small-car transmissions hit the automaker’s bottom line.
Ford has said that it has a $7 billion cost gap with competitors, and Lawler said Monday it has made progress on that figure. The problem is competitors, which he did not identify, are cutting costs too. “We’ve taken cost out, but we’re not doing it at a pace faster than our competition,” he told analysts.
Ford has removed $2 billion in material, freight and labor costs this year, but that was offset by warranties and inflation at its Turkish joint venture, he said.
He said Ford is focused on reducing warranty and other costs, which will show up in later quarters.
The company’s plans are working, as evidenced by 10 straight quarters of revenue growth, Lawler said.
Farley said Ford has restructured its operations in Europe, South America, India and China, which collectively lost $2.2 billion in 2018 but together are profitable now. For instance, China, including exports, has contributed over $600 million to pretax earnings this year, Farley said. |
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Kenya’s deputy president pleads not guilty in impeachment process
Breaking Legal News |
2024/10/22 07:50
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Kenya’s deputy president, who faces impeachment, pleaded not guilty in a senate hearing Wednesday to all allegations including corruption, inciting ethnic divisions and support for anti-government protests that saw demonstrators storm the country’s parliament.
Deputy President Rigathi Gachagua, who has called the allegations politically motivated, could be the first sitting deputy president impeached in Kenya.
The case highlights the friction between him and President William Ruto — something that Ruto once vowed to avoid after his past troubled relationship as deputy to Kenya’s previous president, Uhuru Kenyatta.
Gachagua has said he believes the impeachment process has Ruto’s blessing, and has asked legislators to make their decision “without intimidation and coercion.”
The tensions risk introducing more uncertainty for investors and others in East Africa’s commercial hub. Court rulings this week allowed the parliament and senate to proceed with the impeachment debate, despite concerns over irregularities raised by the deputy president’s lawyers.
The impeachment motion was approved in parliament last week and forwarded to the senate. Gachagua’s legal team will have Wednesday and Thursday to cross-examine witnesses, and the senate will vote Thursday evening.
Under the Kenyan Constitution, the removal from office is automatic if approved by both chambers, though Gachagua can challenge the action in court — something he has said he would do.
Kenya’s president has yet to publicly comment on the impeachment process. Early in his presidency, he said he wouldn’t publicly humiliate his deputy.
Ruto, who came to office claiming to represent Kenya’s poorest citizens, has faced widespread criticism for his efforts to raise taxes in an effort to find ways to pay off foreign creditors. But the public opposition led him to shake up his cabinet and back off certain proposals. |
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South Korean court acquits former police chief over deadly crowd crush
Breaking Legal News |
2024/10/17 08:58
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A South Korean court found the former police chief of the country’s capital and two other officers not guilty over a botched response to a Halloween crowd crush that killed nearly 160 people in 2022.
The verdict by the Seoul Western District Court drew angry responses from grieving relatives and their advocates, who accused the court of refusing to hold high-level officials accountable for an incident that was largely blamed on a lack of disaster planning and an inadequate emergency response.
Kim Kwang-ho, former chief of the Seoul Metropolitan Police Agency, was the most senior police officer among more than 20 police and government officials indicted over the crush in Itaewon, a popular nightlife district in Seoul. Prosecutors had sought a five-year prison term for Kim.
An investigation led by the National Police Agency found that police and local officials failed to plan effective crowd control measures even though they expected more than 100,000 people to gather for Halloween events in Itaewon.
The investigators found that Seoul police assigned just 137 officers to Itaewon on the day of the crush. Police also ignored hotline calls placed by pedestrians who warned of swelling crowds before the surge turned deadly. Once people began getting crushed in an alley near Hamilton Hotel, police failed to establish control over the site and allow paramedics to reach the injured in time.
Some experts have called the crush a “manmade disaster” that could have been prevented with relatively simple steps like employing more police and public workers to monitor bottleneck points, enforcing one-way walking lanes, and blocking narrow pathways.
The Seoul court acquitted Kim of professional negligence, saying that prosecutors failed to prove that he had violated his duties or to establish a connection between his conduct and the high toll of deaths and injuries. The court also acquitted two lower-ranking police officers who faced similar charges.
The court stated that while Kim received status updates from various departments in his agency and the Yongsan police station about the situation in Itaewon before the crush on Oct. 29, 2022, this information would not have been sufficient for him to recognize the possibility of an incident of such magnitude.
The court also noted that Kim had instructed various police stations in Seoul, including Yongsan, to establish plans to maintain safety during Halloween celebrations.
“Based solely on evidence submitted by prosecutors, it’s insufficient to conclude that the defendants’ professional negligence and its relationship to the occurrence or escalation of this incident are fully established beyond reasonable doubt,” the court said in a statement. Relatives of the victims embraced and cried outside the court after the verdict was announced.
“This court just granted immunity to the police for whenever these kinds of incidents happen again!” one of them shouted. Others scuffled with security as they tried to approach Kim’s car as he left the court.
Itaewon Disaster Bereaved Families, a group representing the victims, said the ruling was “dishonest” and “impossible to understand” and called for prosecutors to appeal.
“We strongly condemn that the main officials of the Seoul Metropolitan Police Agency, who ignored their duties for prevention, preparation and response despite anticipating that a large crowd would develop, and who have been denying their responsibility until now, are being given a free pass,” the group said.
The same court last month sentenced the former chief of Yongsan police station, Lee Im-jae, to three years in prison and convicted two of his colleagues of professional negligence resulting in death, citing their failure to properly prepare for the crowd and respond to the crush.
The court acquitted Park Hee-young, head of the Yongsan ward office, and three other ward officials, saying that they had no legal authority to control or break up crowds.
Lee and another Yongsan police official who received a one-year sentence appealed the ruling earlier this month. The other police official had received a suspended sentence.
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Supreme Court grapples with governor’s 400-year veto, calling it ‘crazy’
Class Action |
2024/10/12 11:40
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Justices on the Wisconsin Supreme Court said Wednesday that Gov. Tony Evers’ creative use of his expansive veto power in an attempt to lock in a school funding increase for 400 years appeared to be “extreme” and “crazy” but questioned whether and how it should be reined in.
“It does feel like the sky is the limit, the stratosphere is the limit,” Justice Jill Karofsky said during oral arguments, referring to the governor’s veto powers. “Perhaps today we are at the fork in the road ... I think we’re trying to think should we, today in 2024, start to look at this differently.”
The case, supported by the Republican-controlled Legislature, is the latest flashpoint in a decades-long fight over just how broad Wisconsin’s governor’s partial veto powers should be. The issue has crossed party lines, with Republicans and Democrats pushing for more limitations on the governor’s veto over the years.
In this case, Evers made the veto in question in 2023. His partial veto increased how much revenue K-12 public schools can raise per student by $325 a year until 2425. Evers took language that originally applied the $325 increase for the 2023-24 and 2024-25 school years and instead vetoed the “20” and the hyphen to make the end date 2425, more than four centuries from now.
“The veto here approaches the absurd and exceeds any reasonable understanding of legislative or voter intent in adopting the partial veto or subsequent limits,” attorneys for legal scholar Richard Briffault, of Columbia Law School, said in a filing with the court ahead of arguments.
That argument was cited throughout the oral arguments by justices and Scott Rosenow, attorney for Wisconsin Manufacturers & Commerce Litigation Center, which handles lawsuits for the state’s largest business lobbying group and brought the case.
The court should strike down Evers’ partial veto and declare that the state constitution forbids the governor from striking digits to create a new year or to remove language to create a longer duration than the one approved by the Legislature, Rosenow argued.
Finding otherwise would give governors unlimited power to alter numbers in a budget bill, Rosenow argued.
Justices appeared to agree that limits were needed, but they grappled with where to draw the line.
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Class action or a representative action is a form of lawsuit in which a large group of people collectively bring a claim to court and/or in which a class of defendants is being sued. This form of collective lawsuit originated in the United States and is still predominantly a U.S. phenomenon, at least the U.S. variant of it. In the United States federal courts, class actions are governed by Federal Rules of Civil Procedure Rule. Since 1938, many states have adopted rules similar to the FRCP. However, some states like California have civil procedure systems which deviate significantly from the federal rules; the California Codes provide for four separate types of class actions. As a result, there are two separate treatises devoted solely to the complex topic of California class actions. Some states, such as Virginia, do not provide for any class actions, while others, such as New York, limit the types of claims that may be brought as class actions. They can construct your law firm a brand new website, lawyer website templates and help you redesign your existing law firm site to secure your place in the internet. |
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