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Court approves PG&E’s $23B bankruptcy financing package
Legal Center | 2020/03/16 11:02
Pacific Gas & Electric on Monday won court approval to raise $23 billion to help pay its bills over destructive California wildfires after Gov. Gavin Newsom dropped his opposition to a financing package designed to help the nation’s largest utility get out of bankruptcy.

The milestone reached during an unusual court hearing held by phone moves PG&E closer to its goal of emerging from one of the most complex bankruptcy cases in U.S. history by June 30.

Newsom has said he fears P&E is taking on too much debt to be able to afford an estimated $40 billion in equipment upgrades needed to reduce the chances of its electricity grid igniting destructive wildfires in the future.

The utility’s outdated system triggered a series of catastrophic wildfires in 2017 and 2018 that killed so many people and burned so many homes and businesses that the company had to file for bankruptcy early last year.

But the recent volatility in the financial markets caused by the coronavirus pandemic apparently softened Newsom’s stance after PG&E lined up commitments from investors promising to buy up to $12 billion in company stock.


Asylum Seekers Attend Border Court Amid Outbreak
Attorney Career | 2020/03/15 11:01
U.S. immigration courts sharply scaled back operations Monday but have stopped well short of a total shutdown demanded by employees, including judges and government attorneys.

Wearing face masks, about 30 asylum seekers who had been waiting in Mexico were escorted by authorities into a federal building in El Paso, Texas, some carrying children.

They reported, as instructed, to a border crossing at 4 a.m. Monday and were driven to the court in white vans. Journalists were barred from the courtroom on the grounds that it was too crowded.

A lawyer who attended said the judge appeared by video conference, and few, if any migrants wore masks once the hearing began.

“All of the benches are taken up,” Imelda Maynard said. “Most of the children are asleep in their parent’s arms.”

The Justice Department’s Executive Office for Immigration Review late Sunday postponed preliminary hearings for people who aren’t in custody through April 10. While significant, the order doesn’t extend to courts in immigration detention centers or to the government’s “Migrant Protection Protocols” policy to make asylum seekers wait in Mexico for hearings in the U.S. It also didn’t apply to final hearings which determine whether migrants are granted asylum.



Australian highest court to rule on Cardinal’s appeal later
Legal Center | 2020/03/14 11:03
Australia’s highest court on Thursday said it will deliver a verdict at a later date on whether to overturn the convictions of the most senior Catholic to be found guilty of child sex abuse.

Cardinal George Pell’s lawyer, Bret Walker, told the High Court that if it found a lower court had made a mistake in upholding Pell’s convictions, he should be acquitted.

Prosecutor Kerri Judd told the seven judges that if there were a mistake, they should send the case back to the Victoria state Court of Appeal to hear it again.

Otherwise, the High Court should hear more evidence and decide itself whether the convictions against Pope Francis’ former finance minister should stand, Judd said.

Pell is one year into a six-year sentence after being convicted of molesting two 13-year-old choirboys in Melbourne’s St. Patrick’s Cathedral while he was the city’s archbishop in the late 1990s.

The 78-year-old cleric’s two-day hearing that ended on Thursday could be his last chance of clearing his name.

Pell was largely convicted on the testimony of one of the choirboys, now in his 30s with a young family.



Juul Labs sought to court AGs as teen vaping surged
Lawyer Interview | 2020/03/12 11:04
It was a blunt warning about the dangers of youth vaping: Georgia Attorney General Chris Carr announced late last month that his state had joined 38 others to investigate whether Juul Labs, the nation’s largest electronic cigarette company, promoted and sold its nicotine-heavy products to teens.

Ten months earlier, a team of Juul representatives met with Carr and his senior staff. They delivered a 17-page presentation laden with information about the public-health potential of Juul’s combustion-free vaping devices for adult smokers and the company’s “commitment to ending youth use,” a pledge that included more rigorous retail and online sales controls.

It was a blunt warning about the dangers of youth vaping: Georgia Attorney General Chris Carr announced late last month that his state had joined 38 others to investigate whether Juul Labs, the nation’s largest electronic cigarette company, promoted and sold its nicotine-heavy products to teens.



International court approves Afghanistan investigation
Court News | 2020/03/07 11:05
International Criminal Court judges authorized a far-reaching investigation Thursday of war crimes and crimes against humanity allegedly committed by Afghan government forces, the Taliban, American troops and U.S. foreign intelligence operatives.

The appellate ruling marked the first time the court’s prosecutor has been cleared to investigate U.S. forces, and set the global tribunal on a collision course with the Trump administration.

Prosecutor Fatou Bensouda pledged to carry out an independent and impartial investigation and called for full support and cooperation from all parties.

“The many victims of atrocious crimes committed in the context of the conflict in Afghanistan deserve to finally have justice,” Bensouda said. “Today they are one step closer to that coveted outcome.”

Washington, which has long rejected the court’s jurisdiction and refuses to cooperate with it, condemned the decision while human rights groups and lawyers for victims applauded it.

A five-judge appellate panel upheld an appeal by prosecutors against a pretrial chamber’s rejection in April last year of Bensouda’s request to open a probe in Afghanistan.

While acknowledging that widespread crimes have been committed in Afghanistan, pretrial judges had said an investigation wouldn’t be in the interests of justice because the expected lack of cooperation meant convictions would ultimately be unlikely.


Arkansas candidate's political ties targeted in court race
Court Watch | 2020/02/22 13:35
The race for a seat on the Arkansas Supreme Court is technically nonpartisan, but the close ties of one of the two main candidates to the state Republican Party — she's married to its leader — highlight just how partisan such campaigns have become, with outside conservative groups outspending the candidates themselves.

Barbara Webb, chief administrative law judge for the Arkansas Workers Compensation Commission and the wife of the state Republican Party chairman, is running against Pulaski County Circuit Judge Morgan “Chip” Welch in the March 3 election.

Although both candidates have been promising to be independent voices if elected to the court, Welch has been making noise about Webb's appeals to Republicans and speeches to GOP gatherings around the state. She's had public support from top Republican leaders, including Sen. Tom Cotton and former White House Press Secretary Sarah Sanders, and one of Webb's campaign mailings features a photo of GOP Gov. Asa Hutchinson.

“It hadn't escaped my notice that party politics is the family business,” Welch said recently. “It is some concern to me. I noticed that she's pretty much talking to an echo chamber of one political party.”

Webb and Welch are running for the seat being vacated by retiring Justice Jo Hart, and whoever wins will be elected to an eight year term. The court has angered conservatives in recent years with rulings blocking part of the state's plan to execute eight inmates in quick succession in 2017 and disqualifying a GOP-backed 2018 ballot measure that sought to cap the amount of damages that could be awarded in lawsuits.


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