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State Court

All articles tagged with #state court

"Appeals Court Denies Mark Meadows' Attempt to Move Georgia Election Case to Federal Court"
legalcourt-cases2 years ago

"Appeals Court Denies Mark Meadows' Attempt to Move Georgia Election Case to Federal Court"

Former Trump White House chief of staff Mark Meadows cannot move charges related to efforts to overturn the 2020 election in Georgia to federal court, according to a ruling by the 11th U.S. Circuit Court of Appeals. The court affirmed a lower court opinion, stating that the law allowing federal officials to move a case to federal court does not apply to former officials. Fulton County District Attorney Fani Willis, who brought the case, is seeking to try the remaining defendants in a single trial in a Georgia state court.

Federal Appeals Court Denies Mark Meadows' Attempt to Move Georgia Election Subversion Case to Federal Court
politics2 years ago

Federal Appeals Court Denies Mark Meadows' Attempt to Move Georgia Election Subversion Case to Federal Court

A federal appeals court in Georgia has rejected former Trump Chief of Staff Mark Meadows' attempt to move his Fulton County election interference case to federal court. The court affirmed the lower court's decision, stating that the alleged events were not related to Meadows' official duties. The court also found that the law allowing the removal of criminal proceedings for actions taken as a federal official does not apply to former federal officers. Meadows, along with former President Donald Trump and others, pleaded not guilty to charges related to efforts to overturn the 2020 presidential election in Georgia.

Judges Skeptical of Mark Meadows' Attempt to Avoid Charges in Georgia Court
legal2 years ago

Judges Skeptical of Mark Meadows' Attempt to Avoid Charges in Georgia Court

Federal appeals court judges expressed skepticism regarding Mark Meadows' argument that his election interference case should be transferred from state to federal court. Meadows, charged with two felonies, claims that as a former federal official, his case should be moved to a federal court for better protection of his rights. However, the judges raised concerns about certain aspects of Meadows' appeal and pointed out that the removal statute only applies to current federal officials. The case, being considered on an expedited basis, may ultimately reach the U.S. Supreme Court. Fulton County District Attorney Fani Willis wants to keep the proceedings in state court, while Meadows hopes for a broader jury pool and arguments of immunity in federal court.

Appellate Court Questions Mark Meadows' Bid to Relocate Georgia Election Subversion Trial
politics2 years ago

Appellate Court Questions Mark Meadows' Bid to Relocate Georgia Election Subversion Trial

A federal appeals court expressed skepticism over former White House chief of staff Mark Meadows' attempt to move his Georgia election interference criminal case to federal court. Meadows' attorney argued that the charges against him were part of his role as a federal official, but the judges raised concerns about the applicability of federal immunity to state crimes and the potential chilling effect on future federal officials. No ruling was made, and both sides have the option to appeal to the Supreme Court. Meadows is accused of violating Georgia's RICO law and attempting to solicit the Georgia Secretary of State to overturn the 2020 election results. The trial is scheduled to begin in early August 2024.

Mark Meadows Holds the Key to the Future of the Trump Georgia Case
politics2 years ago

Mark Meadows Holds the Key to the Future of the Trump Georgia Case

The first major hearing in the case over former President Donald Trump's efforts to overturn the 2020 election in Georgia is happening, with Trump's former White House chief of staff, Mark Meadows, arguing that the case should be tried in federal court instead of state court. Meadows claims he acted in his official capacity when coordinating with Trump and state election officials, but his concession that the allegations concern political activity may undermine his argument. If the case gets broken up, it could disadvantage the prosecution and potentially benefit Trump, allowing him to see legal arguments and jury reactions before his own trial.

Revival of Clergy Sex Abuse Claims in NY Court a Victory for Survivors
legal2 years ago

Revival of Clergy Sex Abuse Claims in NY Court a Victory for Survivors

Over 100 Catholic clergy sex abuse cases on Long Island have been removed from federal bankruptcy proceedings and sent back to state court, a move hailed as a victory for survivors by their attorney. The Diocese of Rockville Centre, however, expressed disappointment with the rulings, as they were attempting to reach a consensus on settling 600 cases. The recent decisions leave 124 cases undecided, while the remaining 400 cases remain in federal bankruptcy court. The bankruptcy proceedings have incurred approximately $100 million in legal fees so far.

Trump seeks recusal of judge in criminal case due to prior work with Trump entity.
politics2 years ago

Trump seeks recusal of judge in criminal case due to prior work with Trump entity.

The federal judge in New York who will decide whether to move former President Donald Trump's criminal case from state court to federal court previously did work for a Trump entity while he was in private practice. The Manhattan district attorney has charged Trump with 34 felony counts of falsifying business records in connection to a hush payment to porn actress Stormy Daniels just before the 2016 election. The judge has scheduled a hearing June 27 to decide whether to grant Trump's request to move his case to federal court.

Supreme Court favors cement company over unions in strike damage dispute.
politics2 years ago

Supreme Court favors cement company over unions in strike damage dispute.

The Supreme Court ruled in favor of a cement mixing company that wants to sue a union in state court for property damage caused by striking workers, bypassing federal labor law. The decision could discourage workers from striking for fear of costly litigation in state court. The union argued that the case should be handled by a federal agency, but the court disagreed. The case is seen as another blow to unions by the conservative majority in recent years.

Trump's Legal Maneuvers in Criminal Case Face Hurdles
politics2 years ago

Trump's Legal Maneuvers in Criminal Case Face Hurdles

Judge Alvin Hellerstein, known for his care and cautiousness in presiding over litigation in the aftermath of the 9/11 attacks, was selected to decide whether Donald Trump’s criminal case proceeds in state or federal court. Trump’s lawyers petitioned Thursday to have a federal court seize control of his criminal case, arguing that the case “involves important federal questions” and shouldn’t be tried in the state court where his historic indictment was brought. Trump, a Republican, was indicted in March and pleaded not guilty at an April 4 state court arraignment to 34 felony counts of falsifying business records related to hush-money payments and subsequent reimbursements made during the 2016 campaign and early in his presidency to bury allegations of extramarital sexual encounters.

Supreme Court Rejects Oil Companies' Appeals in Climate Litigation
environment2 years ago

Supreme Court Rejects Oil Companies' Appeals in Climate Litigation

The US Supreme Court has rejected appeals by oil companies including BP, Chevron and Shell to have lawsuits brought by municipalities over climate change heard in federal court rather than state court. The decision means the cases can proceed in state courts, where plaintiffs are seen as having a better chance of winning damage awards. The municipalities argue they have been harmed by the effects of climate change caused by carbon emissions that the oil companies are heavily responsible for. Business groups expressed disappointment, with one lawyer saying climate issues should be dealt with at the national or international level.

Supreme Court Denies Oil Companies' Climate Change Appeals
environment2 years ago

Supreme Court Denies Oil Companies' Climate Change Appeals

The US Supreme Court rejected appeals by oil companies, including BP, Chevron, and Shell, to move climate change lawsuits brought by municipalities from state to federal court. The decision allows the lawsuits to proceed in state courts, where plaintiffs have a better chance of winning damage awards. The municipalities claim they have been harmed by the effects of climate change caused by carbon emissions that the oil companies are heavily responsible for. Business groups expressed disappointment, while environmental groups hailed the decision as a victory.

Biden administration supports state court jurisdiction in Big Oil climate cases.
environment2 years ago

Biden administration supports state court jurisdiction in Big Oil climate cases.

The Biden administration has urged the US Supreme Court to reject a petition by ExxonMobil and Suncor Energy to move a climate change lawsuit filed by several Colorado municipalities to federal court. The administration argued that the case belongs in state court, where it was filed, and that the venue is more favourable to the plaintiffs. The case is one of roughly two dozen lawsuits filed by states and municipalities against major oil companies alleging they concealed and misrepresented the dangers associated with burning fossil fuels.