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Former IAAF president’s corruption trial opens in Paris
Law Firm News | 2020/01/09 10:42
The corruption trial involving the former president of track and field’s governing body was suspended Monday shortly after it began.

Lamine Diack, the former head of the IAAF, has been charged with far-reaching corruption and doping cover-ups.

At the opening of the hearing, the prosecution asked that the two-week trial be delayed to weigh new evidence received from Senegal, where Diack was born. His son, Papa Massata Diack, also charged in the case, lives in Senegal, shielded from an international arrest warrant issued by France.

The prosecution also asked for the delay to clear up a procedural technicality regarding one of the charges against Papa Massata Diack. There will next be a hearing in April to see whether a new trial date in June is feasible.

Addressing the court, the 86-year-old Diack asked that in the wake of the delay he be allowed to travel to Senegal to visit his elder brother, who recently celebrated his 100th birthday. Diack has not been allowed to leave France since his arrest in 2015. But he promised the court that he would come back to France if allowed to travel, saying he wants to clear his name.



Activists cheer victory in landmark Dutch climate case
Law Firm News | 2019/12/22 09:05
In a ruling hailed as an “immense victory for climate justice,” the Netherlands’ top court ruled Friday in favor of activists who have for years been seeking legal orders to force the Dutch government into cutting greenhouse gas emissions.

Activists in a packed chamber of the Supreme Court in The Hague erupted into applause and cheers as Presiding Judge Kees Streefkerk rejected the government’s appeal against earlier rulings ordering the government to cut emissions by at least 25% by the end of 2020 from benchmark 1990 levels.

The Supreme Court upheld lower courts’ rulings that protection from the potentially devastating effects of climate change was a human right and that the government has a duty to protect its citizens.

Urgenda, the Dutch climate and sustainability organization that filed the original case, hailed the ruling as “a groundbreaking decision that confirms that individual governments must do their fair share to reduce greenhouse gas emissions.”



US heads to court to build Trump border wall in Texas
Law Firm News | 2019/12/21 11:03
Three years into Donald Trump’s presidency, the U.S. government is ramping up its efforts to seize private land in Texas to build a border wall.

Trump’s signature campaign promise has consistently faced political, legal, and environmental obstacles in Texas, which has the largest section of the U.S.-Mexico border, most of it without fencing. And much of the land along the Rio Grande, the river that forms the border in Texas, is privately held and environmentally sensitive.

Almost no land has been taken so far. But Department of Justice lawyers have filed three lawsuits this month seeking to take property from landowners. On Tuesday, lawyers moved to seize land in one case immediately before a scheduled court hearing in February.

The agency says it’s ready to file many more petitions to take private land in the coming weeks. While progress has lagged, the process of taking land under eminent domain is weighted heavily in the government’s favor.

The U.S. government has built about 90 miles (145 kilometers) of walls since Trump took office, almost all of it replacing old fencing. Reaching Trump’s oft-stated goal of 500 miles (800 kilometers) by the end of 2020 will almost certainly require stepping up progress in Texas.

Opponents have lobbied Congress to limit funding and prevent construction in areas like the Santa Ana National Wildlife Refuge, an important sanctuary for several endangered species of jaguars, birds, and other animals, as well as the nonprofit National Butterfly Center and a historic Catholic chapel. They have also filed several lawsuits. A federal judge this month prevented the government from building with money redirected to the wall under Trump’s declaration of a national emergency earlier this year. Also, two judges recently ordered a private, pro-Trump fundraising group to stop building its own wall near the Rio Grande.

Even on land the government owns, construction has been held up. In another federal wildlife refuge, at a site known as La Parida Banco, work crews cleared brush this spring and the government announced in April that construction would soon begin. Eight months later, the site remains empty.

According to a U.S. official familiar with the project, work crews discovered that the land was too saturated. The planned metal bollards installed on top of concrete panels would have been unstable because of the water levels in the soil, said the official, who spoke on condition of anonymity because the person did not have authorization to share the information publicly.


Court to consider bathroom use by transgender student
Law Firm News | 2019/12/06 00:33
A transgender student’s fight over school bathrooms comes before a federal appeals court Thursday, setting the stage for a groundbreaking ruling.

The 11th U.S. Circuit Court of Appeals in Atlanta will hear arguments about whether a Florida school district should be ordered to allow students to use the bathroom that matches their gender identity.

Drew Adams, who has since graduated from Nease High School in Ponte Vedra, won a lower court ruling last year ordering the St. Johns County school district to allow him to use the boys’ restroom. The district has appealed, arguing that although it will permit transgender students to use single-occupancy, gender-neutral restrooms, it shouldn’t be forced to let students use the restroom of the gender they identify with.

The 11th Circuit could become the first federal appeals court to issue a binding ruling on the issue, which has arisen in several states. The ruling would cover schools in Florida, Georgia and Alabama, and could carry the issue to the U.S. Supreme Court.

The 4th Circuit had ruled in favor of a Virginia student, but the Supreme Court sent the case back down for further consideration. That’s because the U.S. Department of Education, under President Donald Trump, withdrew guidance that said federal law called for treating transgender students equally, including allowing them to use the bathroom that matches their gender identity.


Lawmakers asked to boost spending on New Mexico court system
Law Firm News | 2019/11/22 12:54
New Mexico Supreme Court Justice Barbara Vigil is asking legislators to boost spending on the state court system.

The Albuquerque Journal reports Vigil joined other court officials Friday in Santa Fe to request an 8.9% increase in appropriations from the state’s general fund.

Vigil says the money would be used to hire five new district judges, expand pretrial services that supervise defendants awaiting trial and improve security, especially for magistrate courts.

If the request is approved, the judiciary will receive about $199 million in the fiscal year that begins in July.

It’s part of a broader state budget expected to exceed $7 billion. Two of the five new judges would be stationed in Albuquerque, and the other three would be based in Santa Fe, Las Cruces and Alamogordo.



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