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Puerto Ricans await court decision on potential new governor
Business Law Info | 2019/08/05 08:33
Puerto Rico’s Supreme Court on Monday agreed to rule on a lawsuit that the island’s Senate filed in a bid to oust a veteran politician recently sworn in as the island’s governor.

The court gave all parties until Tuesday at noon to file all necessary paperwork, noting that no extensions will be awarded.

The lawsuit seeks a preliminary injunction ordering Pedro Pierluisi to cease his functions immediately and also asks that the court declare unconstitutional a 2005 law that says a secretary of state does not have to be approved by both the House and Senate if he or she has to step in as governor.

“I want to put an end to this, but I want to do it correctly,” Senate President Thomas Rivera Schatz said during a special session in which he stated he would let the court decide the outcome, adding that Pierluisi only had five of 15 votes needed from the Senate for his earlier nomination as secretary of state.

It is unclear how quickly the Supreme Court might rule or whether it would hold a hearing or simply issue a written opinion. The announcement comes as Puerto Ricans who successfully ousted the previous governor from office following nearly two weeks of protests await yet another twist in what is a deepening constitutional crisis.


Louisiana judge orders man's mouth taped for interruptions
Business Law Info | 2019/07/29 04:01
Court logs show a Louisiana district court judge ordered a man's mouth be taped shut for repeatedly interrupting proceedings.

The Acadiana Advocate reports Michael C. Duhon was being sentenced July 18 for theft and money laundering.

Court minutes show Duhon objected when Judge Marilyn Castle asked him to stop submitting motions on his own behalf instead of through his attorney. After repeatedly requesting for Duhon to be quiet, Castle ordered the bailiff to tape Duhon's mouth shut.

The tape was removed after an objection from Duhon's public defense attorney, Aaron Adams, who requested the judge remove his client from the courtroom instead.

Castle sentenced Duhon to 11 years in prison and recommended he be transferred to a facility with mental health treatment options.

Another public defender in the courtroom faces contempt charges for recording the incident.



Democratic governor getting to shape Kansas' top court
Business Law Info | 2019/07/27 10:53
A Cyprus court on Friday extended the detention of seven of the 12 Israeli teenagers initially arrested as suspects in the rape of a 19-year-old British woman.

The court ordered the suspects to remain in police custody for another six days to give investigators time to finish looking into the woman’s reported rape at a hotel in the resort town of Ayia Napa.

Defense lawyer Nir Yaslovitzh says five other suspects were released from custody on Thursday and have returned to Israel.

Lawyer Yiannis Habaris told The Associated Press that police investigators confirmed that the five released Israelis had no connection with the case. Habaris represents four suspects, two of whom were among those who were released.

Habaris said investigators connected the seven remaining suspects to the case through witness statements as well as DNA evidence which link three of the seven to the alleged victim.

The Cypriot lawyer said the suspects offered investigators certain “explanations” into their whereabouts at the time of the alleged crime.

The court heard that the alleged victim was involved in a relationship with one of the seven suspects and had sexual contact with several of the remaining six over the course of a few days, Habaris said.

Habaris said investigators may decide to take the case to trial before a criminal court if any of the seven suspects aren’t released in the coming days.

Yaslovitzh, an Israeli lawyer who represents three of the 12 Israelis, alleged the release of the five damaged the accuser’s credibility because she told police a dozen individuals sexually assaulted her.

Yaslovitzh also urged Cypriot investigators to look into the woman’s actions at the hotel where the alleged crime occurred and where she was also working.

The seven suspects again covered their faces with their shirts as they entered and exited the courthouse. They face charges of rape and conspiracy to commit rape.

Yaslovitzh had said after the initial custody hearing that all 12 Israelis had come on holidays to Cyprus in three separate groups and didn’t know each other. Some had gone on vacation prior to being inducted into the Israeli army.



Records detail frenetic effort to bury stories about Trump
Business Law Info | 2019/07/18 04:37
Court records released Thursday show that President Donald Trump took part in a flurry of phone calls in the weeks before the 2016 election as his close aides and allies scrambled to pay porn star Stormy Daniels to keep quiet about an alleged affair.
   
The investigation involved payments Michael Cohen helped orchestrate to porn actress Stormy Daniels and Playboy centerfold Karen McDougal after they claimed they had affairs with Trump. (Source: MSNBC / YouTube via MGN)

The documents detailing calls and text messages were made public as federal prosecutors closed their investigation into the payoff ? and a similar payment to Playboy model Karen McDougal ? with no plans to charge anyone in the scandal beyond Trump's former lawyer and fixer, Michael Cohen.

Federal prosecutors in New York said in a court filing that they investigated whether other people gave false statements or otherwise obstructed justice. In the end, the decision was made not to bring additional charges, according to two people briefed on the matter.



US appeals court sides with Trump in lawsuit involving hotel
Business Law Info | 2019/07/10 01:38
A federal appeals court threw out a lawsuit accusing President Donald Trump of illegally profiting off the presidency through his luxury Washington hotel, handing Trump a significant legal victory Wednesday.

A three-judge panel of the 4th U.S. Circuit Court of Appeals unanimously overturned the ruling of a federal judge in Maryland who said the lawsuit could move forward.

The state of Maryland and the District of Columbia sued in 2017, claiming Trump has violated the emoluments clause of the Constitution by accepting profits through foreign and domestic officials who stay at the Trump International Hotel. The case is one of three that argue the president is violating the provision, which prohibits federal officials from accepting benefits from foreign or state governments without congressional approval.

In the case before the 4th Circuit, the court found the two jurisdictions lack standing to pursue their claims against the president, and granted a petition for a rare writ of mandamus, directing U.S. District Court Judge Peter Messitte to dismiss the lawsuit.

Trump heralded the decision in a tweet, saying, "Word just out that I won a big part of the Deep State and Democrat induced Witch Hunt." Trump tweeted that he doesn't make money but loses "a fortune" by serving as president.


Court rules against Florida officials on medical marijuana
Business Law Info | 2019/07/09 01:39
A Florida appellate court ruled that the state's approach to regulating marijuana is unconstitutional, possibly allowing more providers to jump into a market positioned to become one of the country's most lucrative.

If the ruling stands, it could force state officials to lift existing caps on how many medical marijuana treatment centers can operate in Florida.

Tuesday's ruling by the 1st District Court of Appeal in Tallahassee was another setback for Florida officials trying to regulate the burgeoning marijuana industry more tightly. It mostly affirmed a lower court's ruling that the caps and operational requirements violated the voter-approved constitutional amendment legalizing medical marijuana in 2016.

Ever since, the law has been a subject of debate in the legislature and courts. It was unclear whether Florida officials would appeal the ruling.

Florida now has more than 240,000 people registered with the state to legally use medicinal marijuana, according to the Office of Medical Marijuana Use. They are served by 142 dispensaries across the state, the majority operated by about a half-dozen medical marijuana treatment centers that grow their own crop, process it and sell it — a business model known as vertical integration.

That business model and the limited number of treatment centers were points of contention for Tampa-based Florigrown, which sued the state after being denied a license.



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