A federal court in Washington D.C. has rejected Bolivia’s attempt to dismiss a major enforcement action brought by Glencore Finance (Bermuda) Ltd., ruling that the mining giant correctly followed complex international service rules when suing the South American nation. The ruling allows Glencore to proceed with its effort to enforce…
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Sixth Circuit Upholds Denial of Death Row Inmate’s Habeas Petition
The U.S. Court of Appeals for the Sixth Circuit has affirmed the denial of a federal habeas corpus petition filed by Donald Herb Johnson, a Kentucky inmate sentenced to death for a brutal murder committed over three decades ago. The court found that Johnson failed to meet the stringent standards…
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Court Orders Resentencing After Judge’s Prior Role Creates Appearance of Bias
The Pennsylvania Superior Court has vacated the sentences of Bryan Robert Freeman and David Jonathan Freeman, ordering that they be resentenced by a different judge. The appeals court found that the trial judge, the Honorable Douglas G. Reichley, should have recused himself from the resentencing proceedings because of his prior…
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Ferry Workers Lose Bid to Block Vaccine Mandate in First Circuit Ruling
* Eleven current and former employees of the Woods Hole, Martha’s Vineyard and Nantucket Steamship Authority (the “Authority”) have lost their latest attempt to block the company’s COVID-19 vaccination policy. The U.S. Court of Appeals for the First Circuit affirmed the district court’s decision to deny a preliminary injunction, concluding…
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Federal Court Tosses Apartment Dispute Over Lack of Jurisdiction
A federal lawsuit filed by Brahim Boumakh against Sandra Jaldin and her daughter, stemming from a chaotic apartment leasing experience that allegedly involved contract breaches and physical assault, has been thrown out by a U.S. District Court judge. The dismissal wasn’t based on the merits of the claims—whether the lease…
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GAO Wins Big: Court Rules Legislative Watchdog Is Immune from FOIA Requests
A federal court in Washington D.C. has sided with the U.S. Government Accountability Office (GAO), ruling that the agency is not subject to the Freedom of Information Act (FOIA). America First Legal Foundation (America First) sued the GAO, an investigative arm of Congress, seeking public disclosure of its records under…
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Eighth Circuit Boots USCIS on Jurisdiction, Blocks Review of Asylum Seeker’s Status Denial
The Eighth Circuit Court of Appeals has handed a significant win to the federal government in an immigration case, ruling that a district court overstepped its authority by reviewing the denial of an asylum seeker’s application to become a lawful permanent resident. The appellate court found that Congress intentionally barred…
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Court Rules Trump Can’t Force Citizenship Proof for Mail-In Registrations
A federal judge has ruled that the Trump administration’s effort to require documentary proof of U.S. citizenship for mail-in voter registration applications cannot be enforced, finding key portions of the president’s election-related executive order unconstitutional and beyond presidential authority. U.S. District Judge John H. Chun of the Western District of…
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Ninth Circuit Rules Asbestos Abatement Qualifies for Pension Withdrawal Liability Shield
The Ninth Circuit Court of Appeals has sided with a specialty construction company, ruling that its asbestos abatement work falls under the “building and construction industry” exception, thereby shielding the company from significant withdrawal liability under federal pension laws. This decision clarifies a key ambiguity in the Multiemployer Pension Plan…
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Gang Members’ Murder Convictions Upheld in Georgia Supreme Court Ruling
The Georgia Supreme Court has affirmed the murder and racketeering convictions against Terrence Upshaw, Roderick Glanton, and Homer Upshaw for a deadly 2021 shooting, rejecting several claims concerning the admission of past crimes and the sufficiency of evidence. The case stems from a June 14, 2021, incident near the Wilson…