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Colombia court nixes military justice overhaul
Legal World News |
2013/10/25 22:53
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In a stiff blow to the government, Colombia's highest court for constitutional questions on Wednesday struck down an expansion of the military justice system that human rights activists had said would lead to greater impunity for war criminals.
In a 5-4 decision not subject to appeal, the Constitutional Court nullified a constitutional amendment and pursuant statute that would have placed under the jurisdiction of an expanded military justice system all but seven types of violations of international humanitarian law involving armed forces personnel.
Currently, all human rights cases are supposed to be tried in civil court.
Magistrate Jorge Ivan Palacio read a statement saying the court found "procedural defects" in the change's journey through Congress, accepting the arguments of opposition lawmakers and a top human rights lawyer. The decision was not released.
Defense Minister Juan Carlos Pinzon called the ruling "a blow to the morale of the military forces that without doubt will affect Colombians' security." He said the government would consider submitting a revised military court overhaul, but gave no details.
President Juan Manuel Santos was seen as having pushed the change through Congress to win the backing of military leaders for peace talks that began last year with the country's main rebel group in Cuba.
Santos repeatedly insisted the legal change would not lead to impunity in war crimes, but such arguments did not persuade members of the U.S. Congress, which withheld at least $10 million in military aid in objection to the measure. |
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Employee Retirement Income Security Act (ERISA) Attorneys
Attorney Blogs |
2013/10/25 22:52
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Los Angeles Employee Retirement Income Security Act (ERISA) Claims Attorneys
Newport Beach Disability insurance, life insurance, annuity, health insurance attorneys can help you resolve your claims and disputes involving the Employee Retirement Income Security Act f 1974, also commonly known as ERISA. McKennon Law Group's main attorney Robert J. McKennon as recognized and awarded the "2013 Top Rated Lawyer in Labor & Employment” by American Lawyer Media and Martindale Hubbell, leading providers of news and rating information to the legal industry.
ERISA is a very complex area of the law and it is important you have an attorney who understands it. ERISA claims are the most common cases litigated in Federal Court, a court in which most lawyers are uncomfortable. ERISA involves mandatory administrative appeals and strict deadlines and it is crucial that you know your rights and that you hire an attorney early in the process after your claim has been denied and before your appeal is administered. Our experience in litigating ERISA cases are the top in the nation and in the Orange County regio. We will be the aggressive advocate for your case to obtain maximum success involving all manners of insurance disputes.
We have over 25 years of experience litigating ERISA cases involving life, health, disability and pension claims. Call or email us to schedule a free consultation. |
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EU top court holds up state's say in Volkswagen
Headline News |
2013/10/23 18:56
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The European Union's top court has upheld a law giving a German government authority a blocking minority in Volkswagen AG, Europe's largest carmaker.
The Court of Justice on Tuesday dismissed a lawsuit against the rule brought by the European Commission, the 28-nation bloc's executive arm that also acts as the antitrust watchdog.
The German state of Lower Saxony's 20 percent stake in the Wolfsburg-based automaker gives it the right to block corporate decisions — a lower threshold than the 25 percent blocking minority for all other German public companies. But the court ruled the law still meets the relevant European requirements.
Lower Saxony state governor Stephan Weil, in turn, expressed "great joy" about the ruling, calling it a good day for the state and the company's employees, according to a statement issued by his office.
Volkswagen declined to comment on the verdict since the company wasn't a party to the lawsuit by the Commission against Germany. The company owns 12 car brands including Audi, Seat and high-end sports car maker Porsche.
The court also struck down a fine sought by the Commission which would have cost German authorities several dozen millions of euros.
The Commission initiated proceedings against the so-called Volkswagen law in 2005. A 2007 Court of Justice ruling then invalidated parts of it, forcing Germany to amend the law to its present form. Still, the Commission maintained it inhibits the free movement of capital within the EU. |
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High court weighs Mich. ban on affirmative action
Headline News |
2013/10/14 20:53
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After the Supreme Court ruled a decade ago that race could be a factor in college admissions in a Michigan case, affirmative action opponents persuaded the state's voters to outlaw any consideration of race.
Now, the high court is weighing whether that change to Michigan's constitution is itself discriminatory.
It is a proposition that even the lawyer for civil rights groups in favor of affirmative action acknowledges a tough sell, at first glance.
"How can a provision that is designed to end discrimination in fact discriminate?" said Mark Rosenbaum of the American Civil Liberties Union. Yet that is the difficult argument Rosenbaum will make on Tuesday to a court that has grown more skeptical about taking race into account in education since its Michigan decision in 2003.
A victory for Rosenbaum's side would imperil similar voter-approved initiatives that banned affirmative action in education in California and Washington state. A few other states have adopted laws or issued executive orders to bar race-conscious admissions policies.
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Calif. court: Spanking with wooden spoon not abuse
Law Firm News |
2013/10/11 18:00
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A state appeals court on Tuesday tossed out child abuse findings against a frustrated Northern California mother who spanked her 12-year-old daughter hard enough with a wooden spoon to cause bruising.
The 6th District Court of Appeal in San Jose reversed the child abuse determination made by the Santa Clara County Department of Social Services. Social workers waned to report Vernica Gonzalez to the state Department of Justice's child abuse database with a "substantiated" abuse determination. That determination was upheld by a trial court judge.
The appeals court said the spanking came close to abuse, but that social workers and the lower court judge failed to consider the family's entire circumstances.
Gonzalez and her husband testified that other forms of punishment such as groundings and taking away her phone had failed to persuade their 12-year-old daughter to do her schoolwork and avoid gang culture. The parents said that other family members had testified that spankings in the household were a rarity.
The appeals court said the mother's growing frustration with her daughter's behavior and her intention not to inflict harm in the April 2010 spanking weighed heavily in its ruling. |
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PG&E starts pipeline shutdown under court order
Headline News |
2013/10/07 17:41
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Pacific Gas & Electric Co. says it will comply with a judge's order and shut down a natural gas pipeline after safety issues were raised.
The utility said Sunday it believes the pipeline is safe despite an engineer's email questioning the safety of the 83-year-old line's welds. PG&E said it could take until Tuesday to safely shut down the line and seamlessly switch its customers to another line.
A judge ordered the line shut down after San Carlos city officials discovered the email and declared a "state of emergency."
The email said PG&E's records incorrectly show the line containing a newer, more reliable weld than it actually has.
PG&E said state-of-the-art tests show the line is safe and that it was shutting the line only because of the court order.
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