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Millionaire fights Mohegan Sun over gambling debt
Court Feed News | 2011/03/18 17:00

A Florida millionaire accused of walking out on a $1.2 million gambling debt is fighting Mohegan Sun in court, arguing that the state judicial system cannot decide the case because the casino is run by a sovereign American Indian tribe.

Jerome Powers, chief executive of the cable television network Plum TV, asked the state Appellate Court this week to throw out a lower court's ruling that would allow Mohegan Sun to seize his assets ahead of a potential final judgment against him. It's not clear when the Appellate Court will take up the case.

Powers, 64, of Miami Beach, Fla., gambled away $1.2 million in credit that Mohegan Sun loaned him in May 2009, according to a lawsuit the casino filed against Powers in November 2009. Court documents filed by Powers say the casino solicited him to open a line of credit and to travel to the facility in Uncasville in eastern Connecticut, where he played blackjack.

Powers wrote six checks to the casino to pay his debt, but they were not honored by his bank, court documents say. Payment was stopped on a $465,000 check, and the others were returned because the accounts were closed, according to copies of the returned checks.

In fighting the casino's lawsuit, Powers contends that the credit agreement was an illegal gambling contract under state law and that state courts have no jurisdiction because the casino is run by the sovereign Mohegan Tribe.



European court: Crucifix acceptable in classrooms
Legal World News | 2011/03/18 11:58
The European Court of Human Rights ruled Friday that crucifixes are acceptable in public school classrooms, and its decision will be binding in 47 countries.

The ruling overturned a decision the court had reached in November 2009 in which it said the crucifix could be disturbing to non-Christian or atheist pupils. Led by Italy, several European countries appealed that ruling.

The case originated in Italy, and Friday's final verdict was immediately welcomed in Rome. "The popular sentiment in Europe has won today," said Italian Foreign Minister Franco Frattini.

All 47 countries that are members of the Council of Europe, the continent's human rights watchdog, will be required to obey the ruling.

The European Court of Human Rights, which is based in Strasbourg, France, said Italian public schools did nothing wrong by hanging crucifixes in their classrooms, in a case that divided Europe's traditional Catholic countries and their more secular neighbors.

Friday's final decision by the court's Grand Chamber said it found no evidence "that the display of such a symbol on classroom walls might have an influence on pupils."

The case was brought by Soile Lautsi, a Finnish-born mother who said public schools in her Italian town refused to remove the Roman Catholic symbols from classrooms. She said the crucifix violates the secular principles the public schools are supposed to uphold.



Court dismisses historic Mississippi prison cruelty case
Court Feed News | 2011/03/17 14:57

A federal court in Mississippi has permanently dismissed a 1971 lawsuit filed against the state over prison conditions.

The case found that a range of corporal punishment practices used against prisoners at Parchman violated the Eighth Amendment, which bars cruel and unusual punishment.

"Conditions for confinement were atrocious in 1970 and that was especially true of the Mississippi State Penitentiary at Parchman," Mississippi corrections commissioner Christopher Epps said in a news release Wednesday. "The MDOC has worked for 40 years to alleviate these conditions with a special emphasis during the last nine years."

The court said that Mississippi has reformed its prison system to make facilities more humane and to protect inmates from such systemic abuses, according to a March 10 order.

"The final dismissal of the suit is the result of 40 years of improvements within the culture of the state prison system and good faith cooperation among the state, the federal government, and plaintiffs," Gov. Haley Barbour, a Republican, said Wednesday.



Dubai lawyer denies stealing millions from Thai
Legal World News | 2011/03/17 09:58

A Dubai lawyer has appeared in court to deny charges that he stole tens of millions of dollars from former Thai prime minister Thaksin Shinawatra.

The lawyer, Khaled al-Muhairy, 45, a partner at a Dubai firm, is charged with breach of trust, attempted fraud and forgery charges. He pleaded not guilty.

Prosecutors told the court Thursday that al-Muhairy took money from an escrow account his firm had been hired to manage in 2009.

The attorney is accused of taking $129 million, $97 million of that from Thaksin's sale of the Manchester City football club. He also stole millions to buy a villa and tried to steal millions more for a plane.

Thaksin was ousted in a 2006 coup and has often used Dubai as a base while in exile.



Wis. union fight could carry over to court race
Legal Career News | 2011/03/16 15:59

Gov. Scott Walker scored the biggest victory of his political career last week when he signed his contentious collective bargaining bill into law. Now his opponents are itching for payback, and it appears they're going to start taking out their frustrations on conservative state Supreme Court Justice David Prosser.

Prosser's re-election bid against challenger JoAnne Kloppenburg had been chugging along in the background for nearly a month as massive protests at the state Capitol consumed the media. The protests, in fact, began in earnest the night Prosser and Kloppenburg emerged from a four-way court primary.

Walker, a Republican, signed the bill into law on Friday, but it was unclear whether that will spell the end of the demonstrations. One thing is certain -- the long-range political fallout is just beginning. Walker's opponents have vowed to recall Republican state senators who supported the bill, and his supporters are seeking to recall Democratic senators who fled the state to block a vote.



Accused teenager's mental health to be considered
Lawyer Blog News | 2011/03/16 15:59

The issue of whether a teen accused of stabbing his teacher to death in 2009 can stand trial as an adult will again be considered in court.

A hearing was scheduled Wednesday in Tyler for the youth, who's now 17. He is accused in the deadly attack on special education teacher Todd Henry in a classroom at John Tyler High School.

The Texas Supreme Court ruled last October that the question of the teen's competency for trial can't be determined until a mental health evaluation is completed.

His court-appointed attorney, Jim Huggler, declined comment Tuesday except to say the hearing involves further mental health issues stemming from the case.

The teen was returned to juvenile detention in Tyler in February after spending three months at the Vernon State Hospital.



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