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Karen Read seeks to delay wrongful death suit until after murder trial
Lawyer World News |
2024/10/03 13:31
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Karen Read is seeking to delay a wrongful death lawsuit filed by the family of her Boston police officer boyfriend until her criminal trial in connection with his death is done.
Karen Read sits in court
The lawsuit filed last month blames the death of John O’Keefe on Read, and also on what it describes as negligence by bars that continued to serve drinks to her despite signs she was drunk. It says the first bar served her seven alcoholic drinks in about 90 minutes the night of Jan. 28, 2022, and that Read carried the last drink into the second bar, where she was served a shot and a mixed alcoholic drink within an hour.
Read’s attorneys on Wednesday filed a motion to delay a trial on the lawsuit until after her criminal trial. Read is accused of ramming into John O’Keefe with her SUV and leaving him for dead in a January 2022 snowstorm. Her two-month trial ended in July when a judge declared a mistrial, and a second trial is scheduled for Jan. 27.
“A stay is appropriate here, where proceeding with this civil action at the same time as the criminal action will adversely affect Ms. Read’s Fifth Amendment rights and her ability to vigorously defend herself from criminal prosecution,” her lawyers wrote in the motion, adding that her requested stay is “minimal and not prejudicial” since the wrongful death lawsuit is not expected to be finished until at least August 2027.
But an attorney for O’Keefe’s brother, Paul, and other relatives who filed the lawsuit oppose any delays and suggested the reliance on the Fifth Amendment ignored the fact she has has spoken publicly about her case several times to the media and will be subject of at least one upcoming documentary.
The lawsuit filed in Plymouth Superior Court in Massachusetts by Paul O’Keefe on behalf of his family and his brother’s estate names Read, the Waterfall Bar & Grill and C.F. McCarthy’s as defendants. It asks for a jury trial.
Read has pleaded not guilty and awaits a Jan. 27 retrial on charges of second-degree murder, manslaughter while operating a motor vehicle under the influence and leaving the scene of a fatal accident. Her two-month criminal trial ended in July when the judge declared a mistrial after jurors said they were deadlocked. The judge dismissed arguments that jurors later said they had unanimously agreed Read wasn’t guilty on the charges of murder and leaving the scene.
After the bar-hopping, Read — a former adjunct professor at Bentley College — dropped off O’Keefe, a 16-year member of the Boston police, outside the Canton home of another police officer. His body was found in the front yard. An autopsy found O’Keefe died of hypothermia and blunt force trauma.
Read’s lawyers argued that O’Keefe was killed inside the home and that those involved chose to frame her because she was a “convenient outsider.”
The lawsuit says Read and O’Keefe had been arguing and that she knew she had hit him with her SUV before returning to his home. It alleges that she woke up his 14-year-old niece several hours later saying that something had happened to O’Keefe and that he might have been hit by her or a snow plow.
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New rules regarding election certification in Georgia to get test in court
Lawyer World News |
2024/09/30 09:26
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Two controversial new rules passed by Georgia’s State Election Board concerning the certification of vote tallies are set to face their first test in court this week.
The Republican majority on the State Election Board — made up of three members praised by former President Donald Trump praised by name at a recent rally — voted to approve the rules last month. Democrats filed a legal challenge and argue the rules could be used “to upend the statutorily required process for certifying election results in Georgia.”
A bench trial, meaning there is a judge but no jury, is set to begin Tuesday before Fulton County Superior Court Judge Robert McBurney.
One of the rules provides a definition of certification that includes requiring county officials to conduct a “reasonable inquiry” before certifying results, but it does not specify what that means. The other includes language allowing county election officials “to examine all election related documentation created during the conduct of elections.”
A series of recent appointments means Trump-endorsed Republicans have had a 3-2 majority on the State Election Board since May. That majority has passed several new rules over the past two months that have caused worry among Democrats and others who believe Trump and his allies may use them to cause confusion and cast doubt on the results if he loses this crucial swing state to Democratic Vice President Kamala Harris in November’s presidential election.
Another rule the board passed more recently requires that poll workers count the number of paper ballots — not votes — by hand on election night after voting ends. A separate lawsuit filed by a group headed by a former Republican lawmaker initially challenged the two certification rules but was amended last week to also challenge the ballot counting rule and some others that the board passed.
Georgia Secretary of State Brad Raffensperger and an association of county election officials had cautioned the state board against passing new rules so close to the election. They argued it could cause confusion among poll workers and voters and undermine public trust in the voting process.
The challenge to the certification rules filed by Democratic groups and others asks the judge to confirm that election superintendents — a multi-person election board in most counties — have a duty to certify an election by the deadline provided in the law and have no discretion to withhold or delay certification. They ask that it should be declared invalid if the judge believes either of the rules allows such discretion.
Lawyers for the State Election Board argue the Democrats are asking the judge to “declare what is already enshrined in Georgia law,” that county certification is mandatory and must occur by 5 p.m. the Monday after the election, or the next day if Monday is a holiday, as it is this year. They also argue the challenge is barred by the principle of sovereign immunity and seeks relief that isn’t appropriate under the law.
The challenge was filed by the state and national Democratic parties, as well as county election board members from counties in metro Atlanta, most chosen by the local Democratic Party, as well voters who support Democrats and two Democratic state lawmakers running for reelection. It was filed against the State Election Board, and the state and national Republican parties joined the fight on the board’s side.
The Democrats concede in their challenge that the two rules “could be read not to conflict with Georgia statutes” but they argue “that is not what the drafters of those rules intended.”
“According to their drafters, these rules rest on the assumption that certification of election results by a county board is discretionary and subject to free-ranging inquiry that may delay certification or render it wholly optional,” they wrote in a court filing.
They also note that numerous county election officials around the state have already sought to block or delay certification in recent elections and “the new rules hand those officials new tools to do so again in November.”
State lawyers argue that since the argument against the rules is based on the alleged intent of the people who presented them or the way some officials could interpret them, rather than on the text of the rules themselves, the challenge should be thrown out. |
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After just a few hours, U.S. election bets put on hold by appeals court ruling
Lawyer World News |
2024/09/14 11:20
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Just hours after it began, legal betting on the outcome of U.S. Congressional elections has been put on hold by a federal appeals court.
The Court of Appeals for the District of Columbia Circuit issued an order Thursday night temporarily freezing the matter until it can consider and rule on the issue. No timetable was initially given.
The court acted at about 8:30 p.m. Thursday, mere hours after a federal judge cleared the way for the only bets on American elections to be legally sanctioned by a U.S. jurisdiction.
U.S. District Court Judge Jia Cobb permitted New York startup company Kalshi to begin offering what amounts to bets on the outcome of November elections regarding which parties win control of the House and Senate.
The company’s markets went live soon afterwards, and Kalshi accepted an unknown amount of bets, which it called “contracts.”
The Thursday night order put a halt to any further such bets. What might happen to those already made was unclear Friday.
Neither Kalshi nor the commission immediately responded to messages seeking comment Friday.
The ruling came after the Commodity Futures Trading Commission appealed Cobb’s ruling, warning that allowing election bets, even for a short period of time, risked serious harm from people trying to manipulate the election for financial purposes.
The Thursday night order put a halt to any further such bets. What might happen to those already made was unclear Friday.
Neither Kalshi nor the commission immediately responded to messages seeking comment Friday.
The ruling came after the Commodity Futures Trading Commission appealed Cobb’s ruling, warning that allowing election bets, even for a short period of time, risked serious harm from people trying to manipulate the election for financial purposes.
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Court revives Sarah Palin’s libel lawsuit against The New York Times
Lawyer World News |
2024/08/31 13:46
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A federal appeals court revived Sarah Palin’s libel case against The New York Times on Wednesday, citing errors by a lower court judge, particularly his decision to dismiss the lawsuit while a jury was deliberating.
The 2nd U.S. Circuit Court of Appeals in Manhattan wrote that Judge Jed S. Rakoff’s decision in February 2022 to dismiss the lawsuit mid-deliberations improperly intruded on the jury’s work.
It also found that the erroneous exclusion of evidence, an inaccurate jury instruction and an erroneous response to a question from the jury tainted the jury’s decision to rule against Palin. It declined, however, to grant Palin’s request to force Rakoff off the case on grounds he was biased against her. The 2nd Circuit said she had offered no proof.
The libel lawsuit by Palin, a onetime Republican vice presidential candidate and former governor of Alaska, centered on the newspaper’s 2017 editorial falsely linking her campaign rhetoric to a mass shooting, which Palin asserted damaged her reputation and career.
The Times acknowledged its editorial was inaccurate but said it quickly corrected errors it called an “honest mistake” that were never meant to harm Palin.
Shane Vogt, a lawyer for Palin, said in an email that Palin was “very happy with today’s decision, which is a significant step forward in the process of holding publishers accountable for content that misleads readers and the public in general.”
“The truth deserves a level playing field, and Governor Palin looks forward to presenting her case to a jury that is ‘provided with relevant proffered evidence and properly instructed on the law,’” Vogt added, quoting in part from the 2nd Circuit ruling.
Charlie Stadtlander, a spokesperson for the Times, said the decision was disappointing. “We’re confident we will prevail in a retrial,” he said in an email.
The 2nd Circuit, in a ruling written by Judge John M. Walker Jr., reversed the jury verdict, along with Rakoff’s decision to dismiss the lawsuit while jurors were deliberating.
Despite his ruling, Rakoff let jurors finish deliberating and render their verdict, which went against Palin.
The appeals court noted that Rakoff’s ruling made credibility determinations, weighed evidence, and ignored facts or inferences that a reasonable juror could plausibly find supported Palin’s case.
It also described how “push notifications” that reached the cellphones of jurors “came as an unfortunate surprise to the district judge.” The 2nd Circuit said it was not enough that the judge’s law clerk was assured by jurors that Rakoff’s ruling had not affected their deliberations.
“Given a judge’s special position of influence with a jury, we think a jury’s verdict reached with the knowledge of the judge’s already-announced disposition of the case will rarely be untainted, no matter what the jurors say upon subsequent inquiry,” the appeals court said. |
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Turkey formally asks to join the genocide case against Israel at the UN court
Lawyer World News |
2024/08/05 13:14
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Turkey on Wednesday filed a request with a U.N. court to join South Africa’s lawsuit accusing Israel of genocide in Gaza, the foreign minister said.
Turkey’s ambassador to the Netherlands, accompanied by a group of Turkish legislators, submitted a declaration of intervention to the International Court of Justice in The Hague.
With the development, Turkey, one of the fiercest critics of Israel’s actions in Gaza, becomes the latest nation seeking to participate in the case. Spain, Mexico, Colombia, Nicaragua and Libya have also asked to join the case, as have Palestinian officials. The court’s decision on their requests is still pending.
“We have just submitted our application to the International Court of Justice to intervene in the genocide case filed against Israel,” Foreign Minister Hakan Fidan wrote on the social media platform X. “Emboldened by the impunity for its crimes, Israel is killing more and more innocent Palestinians every day.”
“The international community must do its part to stop the genocide; it must put the necessary pressure on Israel and its supporters,” he said. “Turkey will make every effort to do so.”
Turkish President Recep Tayyip Erdogan has accused Israel of genocide, called for it to be punished in international courts and criticized Western nations for backing Israel. In May, Turkey suspended trade with Israel, citing its assault on Gaza.
In contrast to Western nations that have designated Hamas a terrorist organization, Erdogan has commended the group, calling it a liberation movement.
South Africa brought a case to the International Court of Justice late last year, accusing Israel of violating the genocide convention through its military operations in Gaza.
Israel has strongly rejected accusations of genocide and has argued that the war in Gaza is a legitimate defensive action against Hamas militants for their Oct. 7 attack in southern Israel that killed around 1,200 people and in which 250 hostages were taken.
If admitted to the case, the countries who joined would be able to make written submissions and speak at public hearings.
Preliminary hearings have already been held in the genocide case against Israel, but the court is expected to take years to reach a final decision.
“No country in the world is above international law,” Turkish Foreign Ministry spokesman Oncu Keceli said on X earlier. “The case at the International Court of Justice is extremely important in terms of ensuring that the crimes committed by Israel do not go unpunished.”
Keceli also called for the immediate implementations of precautionary measures ordered by the court, including a halt to military offensive and an increase in humanitarian aid to Gaza.
Since Erdogan took power in 2003, former allies Turkey and Israel have experienced a volatile relationship, marked by periods of severe friction and reconciliation. The war in Gaza has disrupted the most recent attempts at normalizing ties.
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