Supreme Court lets Sandy Hook shooting lawsuit go forward

Legal Insight 2019/11/16 19:02   Bookmark and Share
The Supreme Court said Tuesday that a survivor and relatives of victims of the Sandy Hook Elementary School shooting can pursue their lawsuit against the maker of the rifle used to kill 26 people.

The justices rejected an appeal from Remington Arms, which argued it should be shielded by a 2005 federal law preventing most lawsuits against firearms manufacturers when their products are used in crimes.

The case is being watched by gun control advocates, gun rights supporters and gun manufacturers across the country because it has the potential to provide a roadmap for victims of other mass shootings to circumvent the federal law and sue the makers of firearms.

The court’s order allows the lawsuit filed in Connecticut state court by a survivor and relatives of nine victims who died at the Newtown, Connecticut, school on Dec. 14, 2012, to go forward.

The lawsuit says the Madison, North Carolina-based company should never have sold a weapon as dangerous as the Bushmaster AR-15-style rifle to the general public. It also alleges Remington targeted younger, at-risk males in marketing and product placement in violent video games. Opponents of the suit contend that gunman Adam Lanza alone is responsible for killing 20 first graders and six educators. He was 20 years old.

The Connecticut Supreme Court had earlier ruled 4-3 that the lawsuit could proceed for now, citing an exemption in the federal law. The decision overturned a ruling by a trial court judge who dismissed the lawsuit based on the 2005 federal law, named the Protection of Lawful Commerce in Arms Act.

The majority of justices in the state Supreme Court ruling, however, said it may be a “Herculean task” for the families to prove their case at trial.

The federal law has been criticized by gun control advocates as being too favorable to gun-makers. It has been cited by other courts that rejected lawsuits against gun-makers and dealers in other high-profile shooting attacks, including the 2012 Colorado movie theater shooting and the Washington, D.C., sniper shootings in 2002.
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Trump wants Supreme Court to block subpoena for his taxes

Legal Business 2019/11/13 18:58   Bookmark and Share
President Donald Trump is asking the Supreme Court to block a subpoena for his tax returns, in a test of the president’s ability to defy investigations.

The filing Thursday sets the stage for a high court showdown over the tax returns Trump has refused to release, unlike every other modern president. The justices also could weigh in more broadly on Trump’s claim that sitting presidents can’t be prosecuted or investigated for crimes.

The subpoena from the Manhattan district attorney is seeking Trump’s tax returns back to 2011 from his accounting firm as part of a criminal investigation. Trump’s lawyers say a criminal probe of the president at the state or local level is unconstitutional and unprecedented in American history.

“Allowing the sitting president to be targeted for criminal investigation and to be subpoenaed on that basis? would, like an indictment itself, distract him from the numerous and important duties of his office, intrude on and impair Executive Branch operations, and stigmatize the presidency,” said the brief signed by Jay Sekulow.

Lower courts have so far rejected Trump’s claims of immunity.

Trump wants the court to decide the case by late June, under a deal to keep the district attorney from enforcing the subpoena in the meantime. The justices may not decide whether to hear the case for at least another month.
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As ruling nears, immigrant fights for anti-deportation act

Legal Insight 2019/11/11 13:23   Bookmark and Share
A Mexican immigrant fighting President Donald Trump’s attempt to end a program shielding young immigrants from deportation says he is nervous about the case finally being heard by the U.S. Supreme Court.

Martin Batalla Vidal is a lead plaintiff in one of the cases to preserve the Obama-era program known as Deferred Action for Childhood Arrivals and has seen his name splashed in legal documents since 2016, when he first sued in New York.

The 29-year-old certified nursing assistant at a rehabilitation clinic for traumatic brain injury in Queens, New York, has described the legal journey since then as stressful, with people sending him hateful messages. He has had to sacrifice days at work so he could go to protests, press conferences and meetings with attorneys.

Even with his worries, Batalla Vidal is hopeful immigrants like him will be able to stay in the country.

“I don’t know what is going to happen,” said Batalla Vidal, who lives with his mother, two brothers and a dog in an apartment at the border of Queens and Brooklyn. “Whatever the outcome is, we know that we have fought hard for it and we will continue fighting. I am trying to be positive.”

The nation’s highest court is scheduled to hear oral arguments on the case Tuesday.

The program protects about 700,000 people, often called “Dreamers,” who were brought to the U.S. illegally as children or came with families that overstayed visas.
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Indian court rules in favor of Hindu temple on disputed land

Legal Insight 2019/11/09 13:23   Bookmark and Share
India's Supreme Court on Saturday ruled in favor of a Hindu temple on a disputed religious ground in the country's north and ordered that alternative land be given to Muslims to build a mosque ? a verdict in a highly contentious case that was immediately deplored by a key Muslim body.

The dispute over land ownership has been one of India's most heated issues, with Hindu nationalists demanding a temple on the site in the town of Ayodhya in Uttar Pradesh state for more than a century. The 16th century Babri Masjid mosque was destroyed by Hindu hard-liners in December 1992, sparking massive Hindu-Muslim violence that left some 2,000 people dead.

Saturday's verdict paves the way for building the temple in place of the demolished mosque. As the news broke, groups of jubilant Hindus poured into Ayodhya's streets and distributed sweets to celebrate the verdict, but police soon persuaded them to return to their homes. As night fell, a large number of Hindus in the town lit candles, lamps and firecrackers to celebrate, and police faced a tougher time in curbing their enthusiasm.

The five Supreme Court justices who heard the case said in a unanimous judgment that 5 acres (2 hectares) of land will be allotted to the Muslim community to build a mosque, though it did not specify where. The court said the 5 acres is "restitution for the unlawful destruction of the mosque."
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Woman accused of disorderly conduct outside Maricopa court

Lawyer Blog Post 2019/11/04 07:02   Bookmark and Share
Authorities say a woman has been arrested for disorderly conduct after creating a messy situation in the courthouse parking lot in the town of Maricopa.

Police say Tally Leto allegedly poured alcohol into the vehicle of a court client, let the air out of the man's tires and spat on the windows before wiping them off.

The owner of the vehicle didn't want to prosecute Leto. But the court chose to press charges because Leto was on court property in the parking lot.

As a result of being arrested last Monday, Leto failed to appear for her two criminal cases scheduled for later that day at Western Pinal Justice Court.

The Maricopa Monitor reports that the two charges Leto was attending court for were criminal trespassing and disorderly conduct.
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Judges: End jailing people for unpaid fines in Rock County

Lawyer Blog Post 2019/11/02 10:04   Bookmark and Share
When a court case is ending, a judge often lists what a defendant needs to do and know.

It can include contacting a probation agent, not possessing a gun or avoiding the use of drugs or alcohol.

One routine item usually on the list is paying court costs, which can total hundreds of dollars or more. Failing to pay could land the defendant in jail.

Orders to jail for nonpayment are called arrest warrant commitments, authorizing "that a defendant be arrested and detained until a fine is paid or discharged by due course of law," according to Rock County's website .

"A lot of this happens outside of anybody's view," said Eric Nelson, a recently retired assistant public defender who worked in Rock County for nearly 40 years.

"Broadly speaking, it's a debtor's prison," he told The Janesville Gazette. It's coming to an end. All seven Rock County circuit judges recently signed an order that should substantially cut the number of people put in jail because they can't pay such fines.

The result should be fewer people incarcerated only because they're poor.
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