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Toys R Us files for Chapter 11 reorganization
Attorney Career |
2017/09/18 03:00
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Toys R Us, the pioneering big box toy retailer, has announced it has filed for Chapter 11 bankruptcy protection while continuing with normal business operations.
A statement by the Wayne, New Jersey-based company late Monday says it voluntarily is seeking relief in U.S. Bankruptcy Court for the Eastern District of Virginia in Richmond - and that its Canadian subsidiary is seeking similar protection through a Canadian court.
Toys R Us says court-supervised proceedings will help restructure its outstanding debt and reorganize for long-term growth.
The company says separate operations outside the U.S. and Canada, including more than 250 licensed stores and a joint venture partnership in Asia, are not part of the filings.
It emphasizes that its approximately 1,600 locations will remain open, that it will continue to work with suppliers and sell merchandise.
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With 2 in 3 months, Ohio executions could be back on track
Attorney Career |
2017/09/15 03:00
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Court rulings favorable to the state and the outcome of two executions in three months indicate Ohio could be on track to resume putting inmates to death regularly.
The state executed child killer Ronald Phillips in July and double killer Gary Otte on Wednesday in the state death chamber at the Southern Ohio Correctional Facility in Lucasville.
Witnesses said Phillips did not appear to be distressed. Otte’s chest rose and fell several times over two minutes in a fashion similar to some executions, though the movement appeared to go on longer than in the past.
Otte’s lawyers believe he suffered a phenomenon known as air hunger and plan to continue their challenge of Ohio’s use of a sedative called midazolam.
“My concerns were that he was obstructing, he was suffering air hunger, trying desperately to get air, and there were tears running down his face, which indicated to me that he was feeling pain or sensations,” federal public defender Carol Wright said after Wednesday’s execution.
Prisons spokeswoman JoEllen Smith said the procedure “was carried out in compliance with the execution policy and without complication.”
The next and last execution scheduled this year is Nov. 15, when the state plans to put Alva Campbell to death. A jury found Campbell, 69, guilty of killing 18-year-old Charles Dials 20 years ago after Campbell, who was in a wheelchair while feigning paralysis, escaped from a court hearing.
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Judge refuses to end Roman Polanski sex assault case
Attorney Career |
2017/08/21 08:57
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A Los Angeles judge on Friday denied the impassioned plea of Roman Polanski's victim to end a four-decade-old sexual assault case against the fugitive director.
Los Angeles Superior Court Judge Scott Gordon ruled that Polanski must return to California if he expects to resolve the charges. The Oscar winner fled the country on the eve of sentencing in 1978.
Gordon's ruling follows a request by Samantha Geimer to end the legal proceedings. The ruling was issued on Polanski's 84th birthday and blamed the director for the fact that the case was still alive.
"Her statement is dramatic evidence of the long-lasting and traumatic effect these crimes, and defendant's refusal to obey court orders and appear for sentencing, is having on her life," Gordon wrote.
Harland Braun, Polanski's attorney, said the ruling came after the judge asked for proposals on how to resolve the case.
Polanski pleaded guilty to having unlawful sex with Geimer when she was 13. She has said he drugged, raped and sodomized her.
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Kentucky governor, attorney general clash before high court
Attorney Career |
2017/08/20 08:57
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Kentucky's Democratic attorney general warned the state's highest court on Friday that the accreditation of the state's public colleges and universities would be at risk if they don't take his side against the Republican governor.
But an attorney for Republican Gov. Matt Bevin called Andy Beshear's argument "poppycock." He told the justices they should dismiss Beshear's lawsuit and vacate a lower court's judgment that the governor broke the law when he abolished the University of Louisville's board and replaced its trustees with an executive order last year.
What was supposed to have been a 30-minute hearing stretched more than an hour in a courtroom packed with political aides from both parties as two of Kentucky's top politicians faced off before the Supreme Court for the second time in a year.
Ultimately, Bevin got his wish for a new board at the university after the legislature convened and the Republican majority approved his choices under a new law. That's why a ruling from the Kentucky Supreme Court in this case likely won't affect the new board.
But Beshear is asking the court to declare Bevin's original order illegal and to prevent him from doing it again. If he's successful, it would be his second legal victory against Bevin and would be likely fodder for a potential campaign for governor in 2019.
If Bevin wins, it would bolster the governor's argument that Beshear has wasted time filing frivolous lawsuits against him.
Bevin replaced the board because he said the university needed a "fresh start" after a series of scandals and because the board violated state law by not having proportionate representation of racial minorities and political parties.
In issuing his executive order, Bevin relied on a state law, KRS 12.028 , that lets the governor make temporary changes when the legislature is not in session. The legislature then reviews those changes when they reconvene. If they don't act on them, the changes expire.
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German court orders sentence enforced in Chile abuse case
Attorney Career |
2017/08/11 13:49
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A court in western Germany has ruled that a German man must serve the sentence of a Chilean court for his role in the sexual abuse of children at a secretive German colony in Chile.
The dpa news agency reported Monday that the court in the town of Krefeld said Hartmut Hopp must serve in Germany the five-year sentence given to him by a Chilean court in 2011 for 16 counts of aiding in the sexual abuse of children.
The crimes took place at the Colonia Dignidad enclave, where residents were physically and psychologically abused for three decades beginning in 1961 after moving there from Germany.
Hopp fled to Germany before the verdict took legal effect. The 73-year-old denies the charges and his attorney says he will appeal the ruling.
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Challenge filed in court to Australian gay marriage ballot
Attorney Career |
2017/08/09 13:53
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Gay-rights advocates filed a court challenge Thursday to the government's unusual plan to canvass Australians' opinion on gay marriage next month, while a retired judge said he would boycott the survey as unacceptable.
The mail ballot is not binding, but the conservative government won't legislate the issue without it. If most Australians say "no," the government won't allow Parliament to consider lifting the nation's ban on same-sex marriage.
Lawyers for independent lawmaker Andrew Wilkie and marriage equality advocates Shelley Argent and Felicity Marlowe, applied to the High Court for an injunction that would prevent the so-called postal plebiscite from going ahead.
"We will be arguing that by going ahead without the authorization of Parliament, the government is acting beyond its power," lawyer Jonathon Hunyor said.
Prime Minister Malcolm Turnbull said the government had legal advice that the postal ballot would withstand a court challenge.
"I encourage every Australian to exercise their right to vote on this matter. It's an important question," Turnbull said.
Gay-rights advocates and many lawmakers want Parliament to legislate marriage equality now without an opinion poll, which they see as an unjustifiable hurdle to reform.
Retired High Court judge Michael Kirby, a gay man who supports marriage equality, dismissed the ballot as "irregular and unscientific polling."
"It's just something we've never done in our constitutional arrangements of Australia, and it really is unacceptable," Kirby told Australian Broadcasting Corp.
Kirby would not comment on the legality of the government proceeding with the 122 million Australian dollar ($96 million) ballot without Parliament's approval, but said: "I'm not going to take any part in it whatsoever."
Plebiscites in Australia are referendums that don't deal with questions that change the constitution. Voting at referendums is compulsory to ensure a high voter turnout and that the legally-binding result reflects the wishes of a majority of Australians. |
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