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EU court adviser: Britain could change its mind on Brexit
Law & Politics | 2018/12/04 17:41
A top official at the European Union's highest court advised Tuesday that Britain can unilaterally change its mind about leaving the European Union, boosting hopes among to pro-EU campaigners in the U.K. that Brexit can be stopped.

Prime Minister Theresa May's government insists it will never reverse the decision to leave, but May faces a tough battle to win backing in Parliament before lawmakers vote next week on whether to accept or reject the divorce agreement negotiated with the bloc. Defeat would leave the U.K. facing a chaotic "no-deal" Brexit and could topple the prime minister, her government, or both.

Advocate General Manuel Campos Sanchez-Bordona told the European Court of Justice that a decision by the British government to change its mind about invoking the countdown to departure would be legally valid. The advice of the advocate general is often, but not always, followed by the full court.

The court is assessing the issue under an accelerated procedure, since Britain is due to leave the bloc on March 29. The final verdict is expected within weeks.



Sri Lanka court orders prime minister to refrain from duties
Law Firm Press | 2018/12/03 01:42
A Sri Lankan court on Monday ordered disputed Prime Minister Mahinda Rajapaksa and his ministers to refrain from carrying out their duties as it hears an appeal against them.

While the ruling by the Court of Appeal is an interim order, it is yet another setback for Rajapaksa, who has held on to the position of prime minister with President Maithripala Sirisena's backing despite losing two no-confidence votes.

The parliamentary speaker announced that Rajapaksa's government was dissolved after the passage of the no-confidence motions. Parliament has also passed resolutions to cut off funds to the offices of Rajapaksa and his ministers.

Still, Rajapaksa continued to function as prime minister, with Sirisena dismissing the no-confidence votes, saying proper procedures were not followed.

Rajapaksa said in a statement later Monday that he did not accept the interim order and would file an appeal early Tuesday with the Supreme Court, the country's highest court.

Sri Lanka has been in political turmoil since Oct. 26, when Sirisena sacked Prime Minister Ranil Wickremesinghe and appointed Rajapaksa in his place.


Dutch court rejects man’s request to be 20 years younger
U.S. Legal News | 2018/12/02 01:42
Dutch motivational speaker Emile Ratelband may feel like a 49-year-old but according to Dutch law he is still 69.

A Dutch court on Monday rejected Ratelband’s request to shave 20 years off his age in a case that drew worldwide attention.

“Mr. Ratelband is at liberty to feel 20 years younger than his real age and to act accordingly,” Arnhem court said in a press statement . “But amending his date of birth would cause 20 years of records to vanish from the register of births, deaths, marriages and registered partnerships. This would have a variety of undesirable legal and societal implications.”

Ratelband went to court last month, arguing that he didn’t feel 69 and saying his request was consistent with other forms of personal transformation which are gaining acceptance in the Netherlands and around the world, such as the ability to change one’s name or gender.

The court rejected that argument, saying that unlike in the case of a name or gender, Dutch law assigns rights and obligations based on age “such as the right to vote and the duty to attend school. If Mr. Ratelband’s request was allowed, those age requirements would become meaningless.”

Ratelband, perhaps unsurprisingly given his background as self-described advocate of positive thinking, was undeterred by the court’s rejection and vowed to appeal.



Court could deal blow to porn star, award Trump legal fees
Lawyer Blog News | 2018/11/29 01:42
Lawyers for President Trump want porn actress Stormy Daniels to pay them $340,000 in legal bills they claim they earned successfully defending Trump against her frivolous defamation claim.

The attorneys are due in a Los Angeles federal courtroom Monday to make their case that they rang up big bills because of gamesmanship and aggressive tactics by attorney Michael Avenatti, who represents Daniels.

Daniels, whose real name is Stephanie Clifford, alleges she had a one-night affair with Trump in 2006. She sued him earlier this year seeking to break a non-disclosure agreement she signed days before the 2016 election about the tryst as part $130,000 hush money settlement. Trump has denied the affair.

Despite the deal to stay quiet, Daniels spoke out publicly and alleged that five years after the affair she was threatened to keep quiet by a man she did not recognize in a Las Vegas parking lot. She also released a composite sketch of the mystery man.

She sued Trump for defamation after he responded to the allegation by tweeting: "A sketch years later about a nonexistent man. A total con job, playing the Fake News Media for Fools (but they know it)!"

U.S. District Court Judge S. James Otero ruled in October that Trump's statement was "rhetorical hyperbole" against a political adversary and was protected speech under the First Amendment. Trump is entitled to legal fees, Otero said.

Trump's team of lawyers have accounted for more than 500 hours of work — at rates as high as $840 an hour.


Lump of coal? Taxes more likely for online gifts this season
Lawyer Blog News | 2018/11/27 09:36
Shoppers heading online to purchase holiday gifts will find they're being charged sales tax at some websites where they weren't before. The reason: the Supreme Court.

A June ruling gave states the go-ahead to require more companies to collect sales tax on online purchases. Now, more than two dozen have moved to take advantage of the ruling, many ahead of the busy holiday shopping season.

"Will your shopping bill look any different? ... The answer right now is it depends," said Jason Brewer, a spokesman for the Retail Industry Leaders Association, which represents more than 70 major retailers.

Whether shoppers get charged sales tax on their online purchases comes down to where they live and where they're shopping.

Before the Supreme Court's recent decision , the rule was that businesses selling online had to collect sales tax only in states where they had stores, warehouses or another physical presence. That meant that major retailers such as Apple, Best Buy, Macy's and Target, which have brick-and-mortar stores nationwide, were generally collecting sales tax from online customers. But that wasn't the case for businesses with a big online presence but few physical locations.



Government asks high court to hear transgender military case
Lawyer Blog News | 2018/11/24 23:07
The Trump administration asked the Supreme Court on Friday to issue an unusually quick ruling on the Pentagon's policy of restricting military service by transgender people. It's the fourth time in recent months the administration has sought to bypass lower courts that have blocked some of its more controversial proposals and push the high court, with a conservative majority, to weigh in quickly on a divisive issue.

Earlier this month, the administration asked the high court to fast-track cases on the president's decision to end the Deferred Action for Childhood Arrivals program, which shields young immigrants from deportation. Administration officials also recently asked the high court to intervene to stop a trial in a climate change lawsuit and in a lawsuit over the administration's decision to add a question on citizenship to the 2020 census.

The 9th U.S. Circuit Court of Appeals, a frequent target of criticism by President Donald Trump, is involved in three of the cases. Trump's recent salvo against the "Obama judge" who ruled against his asylum policy — not one of the issues currently before the Supreme Court — prompted Chief Justice John Roberts to fire back at the president for the first time for feeding perceptions of a biased judiciary.

Joshua Matz, publisher of the liberal Take Care blog, said the timing of the administration's effort to get the Supreme Court involved in the issues at an early stage could hardly be worse for Roberts and other justices who have sought to dispel perceptions that the court is merely a political institution, especially since the confirmation of Justice Brett Kavanaugh. At an especially sensitive moment for the Supreme Court, the Trump administration is "forcing it into a minefield that many justices would almost surely prefer to avoid," Matz said.

The Supreme Court almost always waits to get involved in a case until both a trial and appeals court have ruled in it. Often, the justices wait until courts in different areas of the country have weighed in and come to different conclusions about the same legal question.

So it's rare for the justices to intervene early as the Trump administration has been pressing them to do. One famous past example is when the Nixon administration went to court to try to prohibit the publication of the Pentagon Papers, the secret history of U.S. involvement in the Vietnam War.



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