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Kenya Supreme Court says why it annulled presidential poll
Legal News | 2017/09/22 10:09
Kenya's Supreme Court is delivering its full judgment on why it annulled President Uhuru Kenyatta's re-election in August.

The court annulled Kenyatta's victory in the August 8 election saying there were irregularities and illegalities, in response to opposition leader Raila Odinga's petition challenging the official results that Kenyatta won with 54 percent of the vote. The electoral commission has set Oct. 17 as the date for a fresh election. Kenya's Chief Justice David Maraga said Tuesday that since the September 1 judgment nullifying the election results, there have been attempts to intimidate judges.

Kenyatta has called the Supreme Court judges "crooks" and warned of unspecified action against the judiciary if he is re-elected next month. Kenyatta's supporters demonstrated outside the Supreme Court Tuesday ahead of the full judgment on Wednesday.




EU closer to sanctions on Poland over changes in judiciary
Legal News | 2017/07/17 09:14
The European Union is coming closer to imposing sanctions on Poland for the government's attempt to take control over the judiciary, a senior official warned Wednesday, but he said the bloc was still open to dialogue.

European Commission Vice President Frans Timmermans spoke Wednesday in Brussels, shortly after Poland's lawmakers voted overwhelmingly to send a contentious draft law that would reorganize the nation's top Supreme Court for more work by a special parliamentary commission.

Timmermans said that the EU was closer to triggering Article 7 against Poland because its recent steps toward the judiciary "greatly amplify the threat to the rule of law" and threaten putting the judiciary "under full political control of the government." But he said that dialogue between the EU and Poland should continue while the legislation is being worked on.

The EU's Article 7 allows the bloc to strip a nation of its voting rights. Article 7 was envisioned to ensure democratic standards in EU members. It requires unanimity among all other member states.

The vote in Poland's parliament, which is dominated by the ruling Law and Justice party, was preceded by a heated debate and street protests. It was the latest in a string of conflicts over the policies of the conservative party, which won power in a 2015 election. The government is also under strong criticism from other EU leaders.

Lawmakers voted 434-6 with one abstention for the commission for justice and human rights to review and issue its opinion on the draft law, which gives politicians, not lawyers, the power over appointments to the Supreme Court and reorganizes its structure.

The head of the commission, Stanislaw Piotrowicz, said it wasn't clear when the commission would convene and when its opinion would be known. He said the number of amendments proposed by the opposition was aimed at obstructing its work.

In a heated debate Tuesday, the opposition proposed more than 1,000 amendments to the draft, which, it says, kills judicial independence and destroys the democratic principle of the separation of the judiciary from the executive power.


Supreme Court deadline nears for suit over wetland loss
Legal News | 2017/07/10 09:15
A Louisiana flood board is nearing a deadline for asking the U.S. Supreme Court to review its lawsuit seeking to make oil and gas companies pay for decades of damage to coastal wetlands.

Federal district and appeals courts have rejected the lawsuit, which was met by fierce opposition from the energy industry and many in state government when it was filed in 2013. The suit by the Southeast Louisiana Flood Protection Authority East said drilling and dredging activity contributed to loss of wetlands that form a hurricane buffer for New Orleans.

Oil industry supporters have labeled the lawsuit an attack on a vital industry. Tuesday marks the deadline for the flood board attorneys to seek Supreme Court review after their last defeat in April.

A federal district judge's 2015 ruling held that federal and state law provided no avenue by which the board could bring the suit.

A three judge panel of the 5th U.S. Circuit Court of Appeals upheld the ruling in March and the full 15-member court refused a rehearing in April. Lawyers for the flood board had a 90-day window to seek Supreme Court review.

Flood authority lawyers have argued that the flood board has the right to seek compensation for levee damage under the federal Rivers and Harbors Act. They also argued that federal judges should not have allowed the case to be moved to federal court from the state court where it originally was filed.

Meanwhile, some coastal parishes are pursuing coastal damage suits in state courts on different legal grounds. Gov. John Bel Edwards, a Democrat, has urged the energy companies to work toward a settlement. Industry leaders have resisted, saying the suits are meritless.



Court filing: Marsh seeks OK to sell 26 grocery stores
Legal News | 2017/06/15 13:41
A bankruptcy court document says two Ohio-based grocery chains have agreed to buy 26 of Marsh Supermarkets' 44 remaining stores for a total of $24 million.

The court filing posted Tuesday says Fishers-based Marsh is seeking court approval to sell 11 stores to Kroger Co. subsidiary Topvalco Inc. for $16 million and 15 stores to Findlay, Ohio-based Fresh Encounter parent Generative Growth LLC for about $8 million.

Topvalco agreed to buy three stores in Bloomington; two each in Indianapolis, Muncie and Zionsville, and single stores in Fishers and Greenwood.

Generative Growth agreed to buy two Indianapolis stores; other Indiana stores in Columbus, Elwood, Greensburg, Hartford City, Marion, New Palestine, Pendleton, Richmond and Tipton; and Ohio stores in Eaton, Middletown, Troy, and Van Wert.



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