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Lawyer: Clinton already answered every question on email use
Court Watch |
2016/07/18 10:05
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Hillary Clinton's lawyer told a federal judge Monday that the presumptive Democratic presidential nominee has already answered enough questions about her use of a private email server while serving as secretary of state.
David Kendall appeared at a hearing on whether a conservative legal group should be granted its request to interview Clinton under oath. The group, Judicial Watch, has filed multiple lawsuits seeking records related to Clinton's tenure as the nation's top diplomat from 2009 to 2013.
If allowed, a videotaped sworn deposition by Clinton would likely become fodder for attack ads in the presidential race. Republican officials have said repeatedly they plan to hammer the issue of her emails through the November election.
Kendall told U.S. District Court Judge Emmet G. Sullivan that Clinton has previously testified under oath before the congressional committee investigating the 2012 Benghazi attacks and was interviewed for hours as part of the FBI's recently closed criminal investigation. Both times Clinton said her choice to use a private server located in the basement of her New York home was motivated by convenience, not any attempt to thwart potential public-records requests.
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Court rules against White House science office in email case
Business |
2016/07/12 12:13
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A federal appeals court ruled Tuesday that work-related emails from a private account used by the White House's top science adviser are subject to disclosure under federal open records laws.
The ruling from the three-judge panel is a win for government watchdog groups and media organizations concerned that public officials may be skirting public disclosure requirements by relying on private email.
The court sided with a conservative think tank that had filed a lawsuit seeking emails from John Holdren, director of the White House Office of Science and Technology Policy. The decision overturns a lower court judge that said Holdren's office did not have to comply with the Freedom of Information Act request from the Competitive Enterprise Institute.
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Senate confirms district court judge for New Jersey
Court Watch |
2016/07/12 12:12
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The Senate has confirmed President Barack Obama's nominee for the U.S. District Court for the district of New Jersey.
The vote was 92-5 on Wednesday for Brian Martinotti, who has served as a judge on the Superior Court of New Jersey since 2002. Obama nominated him to the district court post in June 2015.
Martinotti worked from 1987 to 2002 at the law firm of Beattie Padovano LLC, where he was elevated to partner in 1994. While at the firm, Martinotti also served as a councilmember for the borough of Cliffside Park from 1991 to 2002.
He was a law clerk to Judge Roger M. Kahn of the New Jersey Tax Court from 1986 to 1987. |
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Candidate filing begins Monday for appeals court seat
Criminal Law |
2016/07/12 12:10
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Another election will be on the November ballot in North Carolina because an appeals court judge recently resigned to take a job in private practice.
The candidate filing period for the seat on the state Court of Appeals vacated by Martha Geer begins at noon Monday at the State Board of Elections and continues until midday Friday.
Every candidate who files will appear on the fall ballot. Since Geer left her seat a couple of months ago, there won't be a primary.
The candidate with the most votes will win an eight-year term on the court, which is comprised of 15 judges who hear intermediate appeals while sitting in panels of three. Candidates already are determined for three other Court of Appeals elections set for November.
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Court denies hospital's bid to perform brain death test
Court Watch |
2016/07/12 12:09
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The Virginia Supreme Court has denied a hospital's request to allow it to immediately perform a test to determine whether a 2-year-old who choked on a piece of popcorn is brain dead.
The court Friday denied a petition from Virginia Commonwealth University Health System, which wants to perform an apnea test on Mirranda Grace Lawson. Mirranda's family has refused to allow it.
The Richmond Circuit Court ruled against the Lawsons last month but allowed them to pay a $30,000 bond barring the hospital from conducting the test while they appeal to the Virginia Supreme Court.
The hospital asked the state Supreme Court to throw out the circuit court's bond order. The Supreme Court didn't explain why it rejected the hospital's petition.
The Lawsons' appeal is due to the state Supreme Court in September.
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Kyrgyzstan sends case of jailed journalist back to court
Business |
2016/07/12 12:09
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The Supreme Court in the Central Asian nation of Kyrgyzstan on Tuesday refused to release an ethnic Uzbek journalist and activist serving a life sentence after being convicted of stirring up ethnic hatred, but instead sent his case to a regional court for review. International rights groups consider Azimzhan Askarov a prisoner of conscience.
The U.N. Human Rights Committee in April urged Kyrgyzstan to release Askarov, recognizing that he had been arbitrarily detained, tortured and denied his right to a fair trial. This opened the way for a reconsideration of his case, and Kyrgyzstan's Supreme Court began hearings on Monday.
The charges against Askarov relate to ethnic unrest in the south of Kyrgyzstan in 2010 when more than 450 people, mostly ethnic Uzbeks, were killed and tens or even hundreds of thousands were displaced. He is accused of inciting the mob killing of a police officer.
Amnesty International sharply criticized the court's decision on Tuesday to keep 65-year-old Askarov in prison while a lower court reviews his case.
"It's a missed opportunity for Kyrgyzstan to do the right thing by finally releasing a man who should never have been jailed in the first place. Today's decision by the Supreme Court ignores Kyrgyzstan's obligations under international human rights law," Amnesty International senior research director Anna Neistat said in a statement.
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Court orders release of detained immigrant kids, not parents
Human Rights |
2016/07/11 12:10
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A federal appeals court ruled Wednesday that Homeland Security officials must quickly release immigrant children — but not their parents — from family detention centers after being picked up crossing the border without documentation.
The San Francisco-based 9th Circuit U.S. Court of Appeals said that lengthy detentions of migrant children violated a 19-year-old legal settlement ordering their quick release after processing. Government lawyers had argued that the settlement covered only immigrant children who crossed the border unaccompanied by adult relatives. But the three-judge panel ruled that immigration officials aren't required to release the parents detained along with the children, reversing U.S. District Judge Dolly Gee's ruling last year.
Advocates seeking stricter immigration controls said they hoped the ruling would discourage adults crossing the border illegally from exploiting children as a way to stay out of custody in the United States.
Mark Krikorian, Center for Immigration Studies executive director and an advocate for stricter border controls, said allowing the parents to be released may have encouraged illegal immigration of adults traveling with children.
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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 and help you redesign your existing law firm site to secure your place in the internet. |
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