Berlusconi appeals case to European rights court

Legal Business 2013/09/09 11:56   Bookmark and Share
Former Premier Silvio Berlusconi is turning to Europe's human rights court in a bid to avoid a ban on public office and other punishments for his tax fraud conviction, the media mogul's aides said Sunday.

The politician and media magnate was found guilty of artificially inflating the amounts paid for film rights by his Mediaset empire to reduce the company's tax liabilities. Berlusconi claims he is an innocent victim of magistrates who sympathize with the left, but the verdict was upheld by Italy's top criminal court last month.

His top aide, Angelino Alfano, said the petition to the Strasbourg, France-based tribunal "shows that the Berlusconi case isn't closed."

Alfano didn't say when or on what grounds the petition to the European rights court was filed. But, "we are really confident, that at the European level, we can reach a finding of innocence that so far in Italy hasn't been possible," he said.

Italy's Court of Cassation confirmed a four-year prison term — though Berlusconi is unlikely to actually serve it — and also ordered a Milan appeals court to determine the length of a ban on serving in public office from one to three years.

A Senate panel Monday starts formally discussing if Berlusconi must surrender his Senate seat. That deliberation isn't based on the ban ordered by the Cassation Court, but a 2012 law says those sentenced to more than two years in prison are ineligible to hold public office for six years.
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Italian court insists Berlusconi devised tax fraud

Legal Business 2013/09/03 19:44   Bookmark and Share
Italy's supreme court is defending its decision earlier this month to uphold the tax fraud conviction of Silvio Berlusconi, saying the evidence was clear that the former premier devised a tax fraud scheme for the acquisition of film rights for his media empire.

The Court of Cassation released on Thursday a written document explaining its Aug. 1 decision, which upheld a Milan appellate court ruling that Berlusconi was guilty. The Cassation judges also upheld a four-year prison term and a ban on public office, although it ordered another court to establish the length of the ban.

The center-right leader says he's the victim of magistrates he contends sympathize with the left. His lawyers will be scrutinizing the 208-page document to try to bolster their claims that Berlusconi's rights were violated.
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Ind. high court to hear eminent domain lawsuit

Legal Business 2013/08/29 09:25   Bookmark and Share
The Indiana Supreme Court has agreed to hear an eminent domain case involving land in southern Indiana that a local board claimed for a planned airport runway expansion.

The state's high court recently vacated the Indiana Court of Appeals' ruling in the case involving the action by the now-defunct Clark County Board of Aviation Commissioners. That board used eminent domain in 2009 to acquire property owned by resident Margaret Dreyer for a runway expansion at the Clark County Regional Airport.

Dreyer sued the board, alleging its appraisals of the property acquired through eminent domain were wrong. She won and was awarded a judgment of $865,000.

The News and Tribune reported Clark County became party to the case last year when Dreyer's motion was granted to have the "civil government of Clark County" pay the judgment. The Court of Appeals later upheld the verdict.

South Central Regional Airport Authority Attorney Greg Fifer said last week in an email that the Indiana Supreme Court could either reach the same verdict as the appellate court, or affirm the county's position that the judgment was void.

Authority President Tom Galligan said the panel, which replaced the now-defunct Board of Aviation Commissioners, is pleased with the court's decision to hear the case. He said the airport authority thought the original ruling "was not a very good ruling."

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US appeals court grants Hobby Lobby full hearing

Legal Business 2013/03/30 22:49   Bookmark and Share
A federal appeals court has granted Hobby Lobby's request for the entire court to hear its challenge of a federal requirement that it provide insurance coverage for the morning-after pill and similar emergency contraceptives.

The 10th U.S. Circuit Court of Appeals announced its decision Friday. Appeals are usually decided by a three-judge panel, but a total of nine judges will hear the appeal from the Oklahoma City-based arts and crafts chain.

Hobby Lobby is challenging a requirement in the new federal health care law that says the company must provide and pay for emergency contraceptives. The company says the requirement violates the beliefs of its Christian owners.

The Denver-based court also said it would hear Hobby Lobby's appeal on an expedited basis, with oral arguments expected this spring.
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Court: EPA can stop some power plant modifications

Legal Business 2013/03/29 22:49   Bookmark and Share
A federal appeals court says government regulators can try to halt construction projects at power plants if they think the companies didn't properly calculate whether the changes would increase air pollution.

The U.S. Environmental Protection Agency sued DTE Energy in 2010 because the company replaced key boiler parts at its Monroe Unit 2 without installing pollution controls that are required whenever a utility performs a major overhaul. DTE said the project was only routine maintenance.

U.S. District Judge Bernard Friedman threw out the suit, saying EPA went to court too soon.

But the Sixth U.S. Circuit Court of Appeals overturned his decision Thursday. In a 2-1 ruling, the court says the law doesn't block EPA from challenging suspected violations of its regulations until long after power plants are modified.
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California school district sued over yoga program

Legal Business 2013/03/03 14:50   Bookmark and Share

An attorney representing a family bent out of shape over a public school yoga program in the beach city of Encinitas filed a lawsuit Wednesday to stop the district-wide classes.

In the lawsuit filed in San Diego Superior Court, attorney Dean Broyles argued that the twice weekly, 30-minute classes are inherently religious, in violation of the separation between church and state.

The plaintiffs are Stephen and Jennifer Sedlock and their children, who are students in the Encinitas Union School District.

"EUSD's Ashtanga yoga program represents a serious breach of the public trust," Broyles said. "Compliance with the clear requirements of law is not optional or discretionary. This is frankly the clearest case of the state trampling on the religious freedom rights of citizens that I have personally witnessed in my 18 years of practice as a constitutional attorney."

Superintendent Timothy B. Baird said he had not seen the lawsuit and could not directly comment on it, but he defended the district's decision to integrate yoga into its curriculum this year.

The district is believed to be the first in the country to have full-time yoga teachers at every one of its schools. The lessons are funded by a $533,000, three-year grant from the Jois Foundation, a nonprofit group that promotes Asthanga yoga. Since the district started the classes at its nine schools in January, Baird said teachers and parents have noticed students are calmer, using the breathing practices to release stress before tests.

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