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Arizona judge nixes suit that wants Trump backers off ballot
Business Law Info |
2022/04/23 04:01
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A judge in Phoenix has dismissed lawsuits seeking to disqualify three Republican lawmakers from this year’s ballot because they participated in or helped organize the Jan. 6, 2021, rally in Washington that led to an unprecedented attack on Congress.
The decision from Maricopa County Superior Court Judge Christopher Coury made public Friday means Reps. Paul Gosar and Andy Biggs and state Rep. Mark Finchem remain on the primary ballot barring a reversal by the state Supreme Court. Gosar and Biggs are seeking reelection and Finchem is running for Secretary of State, Arizona’s chief election officer.
The lawsuits filed on behalf of a handful of Arizona voters alleged that Gosar, Biggs and Finchem can’t hold office because they participated in an insurrection. They cited a section of the 14th Amendment to the U.S. constitution enacted after the Civil War.
None of the lawmakers are accused of participating in the actual attack on Congress that was intended to stop certification of President Joe Biden’s win.
Coury agreed with the lawmakers’ attorneys who said Congress created no enforcement mechanism for the 14th Amendment, barring a criminal conviction. He noted that Congress proposed such a law in the wake of the attack on Congress but it is not been enacted. |
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Groups seek to stop gold mine exploratory drilling in Idaho
Business Law Info |
2022/04/05 04:52
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Environmental groups are renewing efforts to stop exploratory drilling by a Canadian mining company hoping to build a gold mine in Idaho west of Yellowstone National Park.
The Idaho Conservation League and Greater Yellowstone Coalition, in documents filed in federal court last month against the U.S. Forest Service, ask that the case involving Excellon Idaho Gold’s Kilgore Gold Exploration Project in the Caribou-Targhee National Forest in Clark County be reopened.
Excellon Idaho Gold is a subsidiary of Toronto, Ontario-based Excellon Resources Inc.
The company says the area contains at least 825,000 ounces (23.4 million grams) of gold near the surface, and potentially more deeper. The company said it is looking at possibly building an open-pit mine if exploration finds that the gold is mostly near the surface, or an underground mine if the gold is deeper.
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Courts, BMV act after license retained after fatal crash
Business Law Info |
2022/03/14 22:36
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The Maine Bureau of Motor Vehicles and court officials have scrambled to close a gap in tracking and sharing information about criminal convictions that should result in license suspensions.
The problem surfaced when a man who pleaded guilty to manslaughter following a fatal crash during a police pursuit was arrested for causing another crash while being chased by police. Two others were injured, one of them critically, in the crash on March 4 in Paris, Maine.
The man being chased by police shouldn’t have had a license after pleading guilty last summer to the earlier crash that killed a 70-year-old driver.
A one-page document that would have allowed the BMV to process his suspension was never sent by court staff despite the BMV’s requests, and court officials suggested it was not their duty to send the paperwork because the conviction was not technically considered a driving offense under state law, the Portland Press Herald reported.
The state court’s response hinged on a technicality — he was convicted not of a driving offense but manslaughter. In Maine, there’s no separate conviction for “vehicular manslaughter.”
On Friday, officials including Secretary of State Shenna Bellows and Valerie Stanfill, chief justice of the Maine Supreme Judicial Court, came to an agreement on correcting the problem, the newspaper reported.
But the Portland Press Herald reported that representatives of the courts and secretary of state declined to discuss specifics.
The agreement with the courts will encompass convictions connected to use of a vehicle but not specifically included in the driving statute, said Emily Cook, spokesperson for Bellows
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West African court to rule on Venezuelan’s extradition to US
Business Law Info |
2021/08/06 22:34
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A protracted legal battle over the extradition from Cape Verde to the United States of a businessman close to Venezuelan President Nicolás Maduro comes to a head next week when the West African country’s Constitutional Court is due to rule on the case.
Alex Saab was arrested when his jet made a refueling stop on the small island chain, formerly a Portuguese colony, on a June 2020 flight to Iran.
U.S. officials believe Saab holds numerous secrets about how Maduro, the president’s family and his top aides allegedly siphoned off millions of dollars in government contracts amid widespread hunger in oil-rich Venezuela.
Saab is fighting extradition. His lawyers argue that he has diplomatic immunity because he was acting as a special envoy for Venezuela when he was detained in Cape Verde.
José Pinto Monteiro, Saab’s lead counsel in Cape Verde, said Friday there are two possible outcomes when the Constitutional Court sits on Aug. 13.
Either the judges throw out Saab’s appeal and the extradition goes ahead, or they accept that there are unconstitutional elements in the case and send it back to a lower court to correct them, Pinto Monteiro told a press conference via video link.
Cape Verde’s Supreme Court ruled last March that the extradition could proceed, and the Constitutional Court appeal is Saab’s last hope.
Saab’s international legal team argues that the extradition has a political motive.
Federal prosecutors in Miami indicted Saab in 2019 on money-laundering charges connected to an alleged bribery scheme that pocketed more than $350 million from a low-income housing project for the Venezuelan government that was never built.
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Men ordered to pay back $2.4M in health care fraud case
Business Law Info |
2021/08/04 05:34
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A federal judge has ordered two men to pay back a total of more than $2.4 million for their role in defrauding a health care insurance provider for low-income people in Maine.
One man also was sentenced to two years in prison on Friday and the other was sentenced to three years of probation. Both had pleaded guilty in 2019.
According to court records, the two were Somali interpreters who conspired with several mental health counseling services in the Lewiston and Auburn areas to submit claims to MaineCare for services that weren’t rendered as billed from 2015 to 2018.
In some cases, one of the men conspired with a counseling center director to change the diagnosis of many clients so they could remain eligible to receive MaineCare reimbursement.
A lawyer for the man sentenced to three years probation said she thought the judge took a thoughtful approach to his sentencing. Unlike other defendants in the case, her client is not an American citizen and may face the possibility of being deported. She said the sentence will allow her client, who didn’t have a criminal record, to spend time with his family and work to support them.
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San Francisco Copyright Lawyers - Our Firm
Business Law Info |
2021/07/27 04:51
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Our Firm has established a reputation for enforcing and protecting trademarks in the market place with enforcement actions in Federal and State courts throughout the United States as well as at the Trademark Trial and Appeal Board.
San Francisco Trademark Infringement Law Firm
Our Firm can also assist you with managing and securing trademarks as well as with trademark licensing in an effort to maximize the value of your intellectual property.
Accordingly, although not exhaustive, we represent national, regional and local clients on the following matters:
Trademark Infringement
Trademark Clearance Search and Selection
Filing and Registration with the United States Patent and Trademark Office (USPTO), including Intent to Use and Use in Commerce applications
Filing and Registration with the California Secretary of State
Canada, Madrid Protocol & Foreign Filings
Prosecution and Maintenance of Trademark Applications and Registrations.
Structuring Licensing, Development and Distribution Agreements
Trademark and Brand Strategy
Fair use advice
Trademark Advertising Counseling
Anti-counterfeiting
If you need assistance with clearance searches, trademark applications, portfolio management, and enforcement and protection through litigation or other dispute resolution mechanisms.
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