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  Antitrust - Legal News


Republican Gov. Ron DeSantis must pick a new Supreme Court justice because the judge he picked to fill a high court vacancy is constitutionally ineligible to serve, the court said in an order issued Friday.

The Florida Supreme Court ordered DeSantis to appoint another judge by Monday, nullifying the appointment of Judge Renatha Francis. Francis would have been the first Caribbean-American justice to serve on the court.

But the state constitution requires that a justice be a member of the Florida Bar for at least 10 years, and Francis was four months shy when DeSantis appointed her in May. At the time DeSantis acknowledged the shortfall, but said she wouldn't be sworn in until Sept. 24, the day she would meet the requirement.

The Supreme Court said that DeSantis was required to name a new justice within 60 days of the resignation of former Justice Robert Luck.

Her appointment was challenged by Democratic state Rep. Geraldine Thompson, a prominent Black state lawmaker.


An Australian appeals court Wednesday upheld convictions against Cardinal George Pell, the most senior Catholic to be found guilty of sexually abusing children, in a decision cheered by scores of abuse survivors and victims’ advocates demonstrating outside the court.

A unanimous jury in December found Pope Francis’ former finance minister guilty of molesting two 13-year-old choirboys in Melbourne’s St. Patrick’s Cathedral more than two decades ago. The Victoria state Court of Appeal rejected his appeal in a 2-1 ruling, with the court’s chief justice saying the majority found Pell’s accuser to be a compelling “witness of truth.”

Pell’s lawyers will examine the judgment and consider an appeal to the High Court, Australia’s final arbiter, his spokeswoman Katrina Lee said. “Cardinal Pell is obviously disappointed with the decision,” her statement said.

The Vatican noted Pell had always maintained his innocence and had a right to appeal. It said its own investigation into Pell would await the outcome of any final appeal in Australia.

″.... the Holy See confirms its closeness to the victims of sexual abuse and its commitment to pursue, through the competent ecclesiastical authorities, those members of the clergy who commit such abuse,” a Vatican statement said, adding it respected the Australian judicial system.

The Australian Catholic Bishops’ Conference said all Australians must be equal under the law and it accepted the verdict.

“I respectfully receive the court’s decision and I encourage everyone to do the same,” Melbourne Archbishop Peter Comensoli said in a statement.

Pell was sentenced to six years in prison in March and is no longer a member of Pope Francis’ Council of Cardinals or a Vatican official. Prime Minister Scott Morrison said soon after the appeal was rejected that Pell would be stripped of his Order of Australia honor.

Pell, 78, showed no emotion when Chief Justice Anne Ferguson read the verdict to a packed courtroom but bowed his head moments later. He wore a cleric’s collar but not his cardinal’s ring. Pell had arrived at the court in a prison van and was handcuffed as he was led away by a guard.

Clerical sexual abuse and the Catholic Church’s handling of such cases worldwide have thrown Francis’ papacy into turmoil.

In a little more than a year, the pope has acknowledged he made “grave errors” in Chile’s worst cover-up, Pell was convicted of abuse, a French cardinal was convicted of failing to report a pedophile, and a third cardinal, former U.S. church leader Theodore McCarrick, was defrocked after a Vatican investigation determined he molested children and adults.


A lawyer for Jussie Smollett said Tuesday that she would welcome cameras in the courtroom during the “Empire” actor’s trial on charges accusing him of lying to the police, saying there has been a lot of leaked misinformation and cameras would allow the public to “see the evidence and the lack thereof.”

Attorney Tina Glandian made the comments during a brief hearing Tuesday in Cook County criminal court during which both sides agreed that cameras would be allowed at the next hearing in the case, which is scheduled for Thursday. During that hearing, the case will be assigned to a trial judge who will then likely ask Smollett to enter a plea.

During the hearing, which was held after local news organizations requested that cameras be allowed in the courtroom, Judge LeRoy Martin, Jr. said that the new judge will decide whether or not to allow cameras in the courtroom during subsequent hearings and the trial.

After the hearing, Glandian told reporters that evidence has been presented against Smollett that is “demonstrably false.”

“We welcome cameras in the courtroom so that the public and the media can see the actual evidence and what we believe is the lack of evidence against Mr. Smollett and we look forward to complete transparency and the truth coming out,” she said.

Smollett was charged last month with one count of misconduct —the felony in Illinois that people are charged with when accused of lying to police — because he allegedly lied to police about being the victim of a racist and homophobic attack by two masked men in downtown Chicago on Jan. 29. Last week, a grand jury indicted him on 16 counts of the same crime.

Prosecutors allege that Smollett, who is black and gay, enlisted the help of two other black men and staged the Jan. 29 attack because he was unhappy with his salary and wanted to promote his career. Those men have admitted to police that they took part in the staged attack for Smollett, who paid them $3,500.

Smollett’s attorneys have called 16 counts “prosecutorial overkill.” The actor, who is free on bond, maintains his innocence.


The New York trial of a prominent Hong Kong businessman charged in a United Nations-linked bribery conspiracy is set to begin with jury selection Monday.

The trial of Dr. Chi Ping Patrick Ho begins a year after he was arrested on charges accusing him of paying bribes so a Chinese energy conglomerate could secure business advantages. He has been held without bail.

His lawyer has said Ho is looking forward to clearing his name. Ho was once Hong Kong's home affairs secretary.

Ho has insisted he is not guilty of charges that he conspired in October 2014 to bribe the president of Chad and the Ugandan foreign minister.

Prosecutors say Ho's former co-defendant, Cheikh Gadio, will testify at trial that Ho arranged a $2 million bribe to be delivered to Chad's president in gift boxes.

Last Wednesday, U.S. District Judge Loretta A. Preska overruled defense objections, saying Gadio can testify that he understood Ho's $2 million cash payment to President Idriss Deby to be a "bribe."

Ho's lawyers had argued that Gadio's testimony as to whether the $2 million was a "bribe" was lay opinion and should be kept out of evidence the jury can consider.




Europe's human rights court handed a partial victory Thursday to civil rights groups that challenged the legality of mass surveillance and intelligence-sharing practices exposed by American whistleblower Edward Snowden.

The European Court of Human Rights ruled that some aspects of British surveillance regimes violated provisions in the European Convention on Human Rights that are meant to safeguard Europeans' rights to privacy.

Specifically, the court said there wasn't enough independent scrutiny of processes used by British intelligence services to sift through data and communications intercepted in bulk.

The ruling cited a "lack of oversight of the entire selection process" and "the absence of any real safeguards."

The court's seven judges also voted 6-1 that Britain's regime for getting data from communications service providers also violated the human rights convention, including its provisions on privacy and on freedom of expression.

But the ruling wasn't all bad for British spies. The court said it is "satisfied" that British intelligence services take their human rights convention obligations seriously "and are not abusing their powers."

The court also gave a green light to procedures British security services use to get intelligence from foreign spy agencies, saying the intelligence-sharing regime doesn't violate the convention's privacy provisions.


Clarke Stearns has been working as sheriff for more than 18 months in McCormick County, but it's still up in the air whether he is qualified to be the county's top lawman.

Stearns' Democratic opponent in the 2016 election, J.R. Jones, sued him within a month after his victory, saying Stearns never served as a law officer in South Carolina and therefore didn't meet the requirement of being a certified officer in the state.

Stearns' lawyers have successfully argued so far that his 30 years certified as a law enforcement officer in Virginia are more than enough to cover the qualification to be sheriff and he also got his certification in South Carolina after the election.

After a lower court judge ruled against Jones, the lawsuit is now going before the state Supreme Court. Jones' lawyer Charles Grose, told The Index-Journal of Greenwood the Supreme Court has expedited the case.

Stearns, a Republican, received 57 percent of the vote in the 2016 election.

Both sides said they have sent their briefs to the South Carolina Supreme Court and are ready for the justices either to rule or set a time for arguments.

Under South Carolina law , sheriffs must be at least 21 years old, a citizen of the United States, a registered voter and have a year of experience as a certified officer if they have a four-year college degree.


Court declines to hear Microsoft antitrust case

  Antitrust  -   POSTED: 2014/04/28 16:16

The Supreme Court has declined to take up software maker Novell Inc.'s appeal in a long-running antitrust case against Microsoft Corp.

The justices on Monday let stand an appeals court ruling that rejected Novell's $1 billion lawsuit alleging Microsoft undermined the once popular WordPerfect writing program in favor of its own Word program with the Windows 95 rollout.

Novell claimed Microsoft duped it into developing WordPerfect for Windows 95 only to pull the plug so Microsoft could gain market share with its own product. Novell says it was forced to sell WordPerfect for a $1.2 billion loss.

The 10th Circuit ruled that Novell's complaint came too late and it failed to make the larger case that Microsoft was protecting a monopoly on operating systems.

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