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Court: Stress no grounds for rescinding guilty pleas
Attorney News |
2017/11/23 13:36
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An appeals court in Chicago says a lower court in Indiana was right to refuse to permit a couple to rescind their guilty pleas in a tax case on grounds their prosecution caused them severe stress.
The 7th U.S. Circuit Court of Appeals said stress was common to anyone facing prosecution and wasn't sufficient reason to take back pleas. It added that neither George nor Barbara Gasich could claim they were under some "Napoleonic delusions" when they chose to plead guilty.
The Chicago Daily Law Bulletin reports the Gasiches were indicted in 2014 for making fraudulent claims. Prosecutors said they'd asked for $475,000 in refunds when they owed the IRS far more than that.
The Gasiches were formerly from St. John, Indiana, but lived in Florida when they were arrested. |
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Court: Colorado county wrongly OK’d asphalt plant near homes
Attorney News |
2017/11/23 13:35
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A Colorado court has overturned Weld County’s approval of a $20 million concrete and asphalt plant currently under construction, saying the county had evidence the plant would violate noise standards.
The Greeley Tribune reports the Colorado Court of Appeals ruled Wednesday the county commissioners improperly approved the Martin Marietta Materials plant near a residential neighborhood.
The site is also near an organic farm and a planned wedding venue along U.S. 34 between Greeley and Loveland.
Officials for Martin Marietta and Weld County said they were reviewing the decision before deciding their next steps. County commissioners approved the plant in August 2015 and neighbors filed suit a month later.
Construction began in October of 2015, and Martin Marietta regional vice president David Hagerman says the plant is nearly complete.
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Trappers ask court to throw out lawsuit over US fur exports
Court Watch |
2017/11/22 13:35
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Fur trappers are asking a federal judge to throw out a lawsuit from wildlife advocates who want to block the export of bobcat pelts from the United States.
Attorneys for trapping organizations said in recent court filings that the lawsuit against the U.S. Fish and Wildlife Service infringes on the authority of state and tribal governments to manage their wildlife.
The plaintiffs in the case allege the government's export program doesn't protect against the accidental trapping of imperiled species such as Canada lynx.
More than 30,000 bobcat pelts were exported in 2015, the most recent year for which data was available, according to wildlife officials. The pelts typically are used to make fur garments and accessories. Russia, China, Canada and Greece are top destinations, according to a trapping industry representative and government reports.
Federal officials in February concluded trapping bobcats and other animals did not have a significant impact on lynx populations.
The Fish and Wildlife Service regulates trade in animal and plant parts according to the Convention on International Trade in Endangered Species, or CITES, which the U.S. ratified in 1975.
The advocates' lawsuit would "do away with the CITES export program," according to attorneys for the Fur Information Council of America, Montana Trappers Association and National Trappers Association.
"They are seeking to interfere with the way the States and Tribes manage their wildlife, by forcing them to limit, if not eliminate, the harvesting of the Furbearers and at the very least restrict the means by which trapping is conducted," attorneys Ira Kasdan and Gary Leistico wrote in their motion to dismiss the case.
Bobcats are not considered an endangered species. But the international trade in their pelts is regulated because they are "look-alikes" for other wildlife populations that are protected under U.S. law.
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Court case exposes rift in Germany's secretive Aldi family
Legal Business |
2017/11/21 13:35
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A court deferred ruling Thursday in a case that has exposed a rift within Germany's secretive Albrecht family, owners of the discount supermarket chain Aldi.
The dispute centers on the control over Aldi Nord, which operates in northern Germany and at least eight other European countries.
The widow of late patriarch Berthold Albrecht is contesting changes her husband made before his death in 2012 to the statutes of a family foundation that owns 19.5 percent of Aldi Nord.
A lower court sided with Babette Albrecht and her children, who are pitted against Berthold's brother, Theo Jr., and mother Caecilie Albrecht.
Germany's Manager Magazin recently estimated the Aldi Nord branch of the family's wealth at about 18 billion euros ($21 billion). The Schleswig court said the case would continue Dec. 7.
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The Latest: Senate panel approves tax overhaul bill
Headline Legal News |
2017/11/21 13:34
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Vice President Mike Pence says "now the ball is in the Senate's court," after the House voted Thursday to approve a $1.5 trillion overhaul of the nation's tax code.
At the Tax Foundation's 80th annual dinner in Washington, Pence said, "The next few weeks are going to be vitally important and they're going to be a challenge." But he said, "we're going to get it done" before the end of the year. Pence was being awarded the foundation's distinguished service award.
Pence is endorsing the Senate effort to repeal the Affordable Care Act individual mandate as part of its own tax reform plan.
He said: "While we're at it, we're going to cut taxes on working Americans when we repeal the Obamacare individual mandate tax in this tax reform bill."
Vice President Mike Pence says "now the ball is in the Senate's court," after the House voted Thursday to approve a $1.5 trillion overhaul of the nation's tax code.
At the Tax Foundation's 80th annual dinner in Washington, Pence said, "The next few weeks are going to be vitally important and they're going to be a challenge." But he said, "we're going to get it done" before the end of the year. Pence was being awarded the foundation's distinguished service award.
Pence is endorsing the Senate effort to repeal the Affordable Care Act individual mandate as part of its own tax reform plan.
He said: "While we're at it, we're going to cut taxes on working Americans when we repeal the Obamacare individual mandate tax in this tax reform bill."
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