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IMF head Lagarde in court in fraud probe
Lawyer News | 2013/05/23 22:21
International Monetary Fund chief Christine Lagarde is facing questions at a special Paris court Thursday over her role in the 400 million euro ($520 million) pay-off to a controversial businessman when she was France's finance minister.

The court hearing threatens to sully the reputations of both Lagarde and France. The payment was made to well-connected entrepreneur Bernard Tapie as part of a private arbitration process to settle a dispute with state-owned bank Credit Lyonnais over the botched sale of Adidas in the 1990s. It is seen by many in France as an example of the cozy relationship between big money and big power in France.

Lagarde has earned praise for her negotiating skills as managing director of the IMF through Europe's debt crisis and is seen as a trailblazer for women leaders. Her decision to let the Adidas dispute go to private arbitration rather than be settled in the courts has drawn criticism, and French lawmakers asked magistrates to investigate.

Lagarde, smiling at reporters, left her Paris apartment Thursday morning and appeared at a special court that handles cases involving government ministers. She has denied wrongdoing.

At the time of the payment, Tapie was close to then-French President Nicolas Sarkozy, who was Lagarde's boss. Critics have said the deal was too generous to Tapie at the expense of the French state, and that the case shouldn't have gone to a private arbitration authority because it involved a state-owned bank.


Court strikes down Arizona 20-week abortion ban
Court Watch News | 2013/05/23 22:21
A federal court in San Francisco Tuesday struck down Arizona's ban on abortions after 20 weeks of pregnancy.

The 9th U.S. Circuit Court of Appeals ruled that the law violates a string of U.S. Supreme Court rulings starting with Roe v. Wade that guarantees a woman's right to an abortion before a fetus is able to survive outside the womb. That's generally considered to be about 24 weeks. Normal pregnancies run about 40 weeks

Several states have enacted similar bans starting at 20 weeks. But the 9th Circuit's ruling is binding only in the nine Western states under the court's jurisdiction. Idaho is the only other state in the region covered by the 9th Circuit with a similar ban.

A trial judge had ruled that the ban could take effect. U.S. District Judge James Teilborg ruled it was constitutional, partly because of concerns about the health of women and possible pain for fetuses.

But abortion-rights groups appealed that decision, saying the 20-week ban would not give some women time to carefully decide whether to abort problem pregnancies.


Appeals court allows capital retrial of Wolfe
Industry News | 2013/05/23 22:21
A federal appeals court will allow a capital murder case to proceed against an accused drug kingpin from northern Virginia.

In a 2-1 ruling, the 4th U.S. Circuit Court of Appeals in Richmond overturned a federal judge in Norfolk who had ordered a halt to the prosecution of Justin Wolfe and his immediate release.

That judge said misconduct by prosecutors in Prince William County made it impossible for Wolfe to get a fair trial.

But a majority on the appellate court disagreed. The judges ruled that a new trial can be done fairly. A dissenting judge said the misconduct was so bad that freeing Wolfe was the only proper outcome.

Wolfe was sent to death row in 2002 for a drug-related murder, but his original conviction and sentence were overturned.


Los Angeles jeweler pleads guilty in KPMG case
Headline Topics | 2013/05/21 22:20
The owner of a Los Angeles jewelry store pleaded guilty Monday for his role in an insider-trading case involving a former senior partner at accounting firm KPMG.

Bryan Shaw, 52, pleaded guilty to one count of conspiracy and was scheduled to be sentenced Sept. 16 when he faces a maximum of five years in prison.

"In this guilty plea, Mr. Shaw continued his path to fully accepting responsibility for his actions and doing the right thing," said Shaw's attorney Nathan Hochman.

Authorities said Shaw made more than $1 million in illicit profits by trading in advance of company announcements on earnings results or mergers for KPMG LLC clients, including Herbalife Lt., Skechers USA Inc. and Uggs maker Deckers Outdoor Corp.

In exchange, Shaw gave former KPMG accountant Scott London bags filled with cash, along with a $12,000 Rolex watch and jewelry for his wife, among other items, prosecutors said. The Securities and Exchange Commission, which filed civil charges in the case, estimates London received at least $50,000.


Court: Iowa must recognize both lesbian parents
Headline Topics | 2013/05/08 23:31
An Iowa agency's refusal to list both spouses in a lesbian marriage as parents on their children's birth certificates is a violation of their constitutional rights and must stop, the Iowa Supreme Court ruled Friday.

The court, which made history by legalizing gay marriage in 2009, ordered the Iowa Department of Public Health to start listing the names of both female spouses on the birth certificates of their children. The ruling was backed by all six justices who participated.

Iowa had been the only state in the nation that allowed marriage or civil unions for same-sex couples, but refused to list both spouses on birth certificates of their children, according to Camilla Taylor, an attorney for Lambda Legal, a gay rights group involved in the case.

Justice David Wiggins said the state government "has been unable to identify a constitutionally adequate justification" for treating lesbian parents differently than parents of opposite sex. He said the only explanation for doing so was "stereotype or prejudice" that violated their rights to be treated equally under the Iowa Constitution.


Court shoots down Yakama tobacco company lawsuit
Headline Topics | 2013/04/12 15:25
A federal judge has ruled that a tobacco manufacturer owned by a Yakama Nation tribal member must pay into an escrow account established under a 1998 settlement with big tobacco companies.

The 1998 settlement required big tobacco companies to pay money to 46 states each year to offset public health costs from their products. Smaller companies are required to pay into an escrow account, but that money could be returned eventually if no health claims are made.

King Mountain Tobacco claims it should be exempt from paying into the escrow accounts under the Yakama Nation's 1855 treaty with the federal government. King Mountain is owned by Yakama tribal member Delbert Wheeler.

U.S District Judge Lonny Suko ruled against the company on Friday.


Court to mull Arizona's immigrant harboring ban
Headline Topics | 2013/04/02 10:31
An appeals court is scheduled to hear arguments Tuesday in Arizona Gov. Jan Brewer's bid to let police enforce a minor section of the state's 2010 immigration law that prohibits the harboring of illegal immigrants.

The harboring ban was in effect from late July 2010 until U.S. District Judge Susan Bolton ruled in September that it was trumped by federal law and barred police from enforcing it. Brewer has asked the 9th Circuit Court of Appeals to overturn Bolton's ruling.

Brewer's lawyers argue the ban doesn't conflict with federal policies, is aimed at confronting crime and that the law's opponents haven't shown they have legal standing to challenge the prohibition. The governor's attorneys also say there's no evidence that the ban has been enforced against any people or organizations represented by a coalition of civil rights groups that have challenged the law in court.

The coalition has asked the appeals court to uphold Bolton's ruling, saying the state law is trumped by a federal harboring law that leaves no room for state regulation. The coalition also argues that Bolton has repeatedly confirmed that it has standing to challenge the harboring ban.

Another federal appeals court has barred authorities from enforcing similar harboring bans in Alabama and Georgia.


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