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Argentina asks world court to consider debt case
Attorneys in the News | 2014/08/11 10:47
Argentina is seeking to sue the United States at the world court over U.S. court rulings that last week forced the Latin American country into a default.

The International Court of Justice, commonly known as the world court, said in a statement Thursday it has received a request from Argentina to take on the case. There is a major hurdle though: the U.S. must agree to grant the international court jurisdiction if the suit is to proceed.

In a statement, the Hague, Netherlands-based court said Argentina's filing asserted that U.S. court rulings amount to "violations of Argentine sovereignty."

The dispute stems from a U.S. court's order for Argentina to pay in full a group of bondholders led by a New York hedge fund who refused to accept lower payments for restructured bonds following the country's default in 2001.

The U.S. court, in a decision upheld by the Supreme Court, ordered Argentina to pay the holdout investors about $1.5 billion. It blocked the country from making $539 million in interest payments to bondholders who did accept the restructuring, leading the country into a new default on July 30.


Court rules against group over ad slamming Horne
Current Cases | 2014/08/11 10:46
An Arizona appeals court has ruled against a political group that spent about $1.5 million during the state's 2010 attorney general race on a TV commercial that was critical of Republican candidate Tom Horne.

A three-judge panel of the Arizona Court of Appeals on Thursday reversed a lower-court judge who concluded the commercial by Committee for Justice and Fairness was issue-oriented, rather than advocating for Horne's defeat.

The group claimed its ad confronted issues of child safety, but the appeals court rejected that argument, saying the only purpose for running the TV spot just weeks before Horne's general-election showdown with Democrat Felecia Rotellini was to advocate for Horne's defeat.

"In this case, reasonable minds could not differ as to whether CJR's advertisement encouraged a vote against Horne," the appeals court wrote.The appeals court said the group, which is funded primarily by the Democratic Attorneys General Association, should have registered as a political committee and filed campaign finance reports.Horne's 2014 campaign had no immediate comment on the ruling.

Thomas Irvine, an attorney for the committee, said it's unknown whether the group will appeal the decision.


Appellate court overturns high-speed rail rulings
Breaking Legal News | 2014/08/05 15:04

A state appellate court on Thursday overturned two lower court rulings that had stalled funding for California's $68 billion bullet train, handing a big win to Gov. Jerry Brown's signature project and allowing the state to resume selling bonds to pay for it.

The court overturned rulings by Sacramento County Superior Court Judge Michael Kenny last year in which he said the high-speed rail project no longer complies with the promises made to voters in 2008 when they approved selling nearly $10 billion in bonds. In siding with Kings County and Central Valley landowners, Kenny invalidated the sale of $8.6 billion in state bonds and ordered the California High-Speed Rail Authority to write a new funding plan.

Attorneys for the plaintiffs had argued that the state failed to identify all the funding for the first full segment of the rail line in the Central Valley, a cost of about $26 billion, and instead had found just $6 billion to pay for construction. They also argued the state did not have all the necessary environmental clearances as voters were promised.


Court schedules night deer hunting arguments
Attorneys in the News | 2014/08/05 15:03
Wisconsin's Chippewa tribes will get a chance next month to tell a federal appeals court why members should be allowed to hunt deer at night.State officials have long banned night hunts out of safety concerns.

U.S. District Judge Barbara Crabb ruled in the early 1990s that the ban applies to Chippewa hunters.The tribes asked Crabb in 2012 to reconsider her decision but she refused.

The Chippewa have since asked the 7th Circuit Court of Appeals in Chicago to allow tribal night hunts, arguing night hunting has become more common and the state can't argue it's unsafe.

The court has set oral arguments for Sept. 16. The tribes and state attorneys will each get 20 minutes to speak. It's not clear when the court might rule.


Brown appoints legal affairs aide to appeals court
Court Watch | 2014/07/28 11:57
Gov. Jerry Brown has named a senior aide to become an associate justice on the Sacramento-based Third District Court of Appeal.

Brown announced the appointment of Jonathan Renner on Friday.

The 44-year-old Democrat from Sacramento has been Brown's legal affairs secretary since 2011.

He was senior assistant attorney general at the California Department of Justice from 2009 to 2010, when Brown was the state's attorney general. Renner previously held other high-ranking positions within the attorney general's office.

The appointment requires confirmation by the Commission on Judicial Appointments. It includes the current attorney general, Kamala Harris, and Chief Justice Tani Cantil-Sakauye ("TAWNY canTILL SOCK-a-OO-ay").

If confirmed, Renner will begin his term Jan. 5. He would fill the vacancy created when Cantil-Sakauye moved to the California Supreme Court.


German court receives suit against EU bank union
Elite Lawyers | 2014/07/28 11:54
A group of German professors has filed a complaint to the country's highest court against the European Union's plans to create a so-called banking union, a central part of the effort to make the continent's financial system more resilient.

The Federal Constitutional Court said Monday it had received the complaint. It wasn't clear when the court might rule; verdicts on previous attempts to block measures meant to stem Europe's debt crisis took at least several months.

The group behind the complaint says the banking union "has no legal basis in the European treaties."

It objects to handing the European Central Bank direct supervision of the eurozone's biggest lenders with binding powers over national authorities, and opposes plans for a separate authority with the power to dissolve or restructure failing banks.


Court further limits reach of gas drilling law
Class Action | 2014/07/21 15:29
A Pennsylvania court has further limited the reach of a major 2012 law that modernized drilling regulations, ruling Thursday that state public utility regulators cannot review how local zoning restrictions affect the natural gas industry.

The Commonwealth Court decision threw out the Public Utility Commission's newly authorized power to withhold drilling fee revenue from municipalities whose zoning it deems to illegally restrict drilling activity.

The decision is another blow to an effort by Gov. Tom Corbett and the Republican-controlled Legislature to respond to the drilling industry's complaints about municipal zoning. It follows a state Supreme Court ruling in December that said the law could not strip local zoning authority over drilling activity, such as the placement of rigs, pipelines, waste pits and compressor stations.

John M. Smith, a Pittsburgh-area lawyer who helped represent the seven municipalities that sued, said they were pleased that the court "once again protected the rights of local governments and Pennsylvania citizens."

The Commonwealth Court ruling rejected three other challenges in the lawsuit to elements of the sprawling law.

Those three victories led Corbett's office to say the opinion "speaks volumes to the constitutionality of state regulation of oil and gas activities." A spokesman would only say that the office is evaluating the impact of the ruling on the intended role of the utility commission.


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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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