Monday, November 20, 2017

German Court: Kuwait Airways Can Refuse Israeli Passengers

A German court ruled Thursday that Kuwait's national airline didn't have to transport an Israeli citizen because the carrier would face legal repercussions at home if it did.

The Frankfurt state court noted in its decision that Kuwait Airways is not allowed to have contracts with Israelis under Kuwaiti law because of the Middle Eastern country's boycott of Israel.

The court said it didn't evaluate whether "this law make sense," but that the airline risked repercussions that were "not reasonable" for violating it, such as fines or prison time for employees.

An Israeli citizen, who was identified in court papers as Adar M., a student living in Germany, sued Kuwait Airways after it canceled his booking for a flight from Frankfurt to Bangkok that included a stop-over in Kuwait City.

The cancellation came a few days before M.'s scheduled departure in August 2016 when he revealed he had an Israeli passport. The airline offered to book him on a nonstop flight to Bangkok with another carrier.

The man refused the offer and filed the lawsuit, seeking compensation for alleged discrimination. He also insisted the airline should have to accept him as a passenger.

The court rejected his discrimination claim ruling that German law covers discrimination based on race, ethnicity or religion, but not nationality.

Germany's Central Council of Jews condemned the ruling, calling it "unbearable that a foreign company operating based on deeply anti-Semitic national laws is allowed to be active in Germany."

Frankfurt Mayor Uwe Becker expressed a similar view. "An airline that practices discrimination and anti-Semitism by refusing to fly Israeli passengers should not be allowed to takeoff or land in Frankfurt," Becker said.

Courts in the United States and Switzerland previously have ruled in favor of plaintiffs in comparable cases, the German news agency dpa reported.

Steve Mostyn, Houston attorney and major Dem donor, dies

Steve Mostyn, a prominent Houston trial attorney and a top Democratic Party donor, has died. He was 46.

In a statement, his family confirmed Thursday his death on Wednesday "after a sudden onset and battle with a mental health issue."

"Steve was a beloved husband and devoted father who adored his children and never missed any of their sporting events," the statement reads. "He was a true friend, and a faithful fighter for those who did not have a voice."

"Steve touched countless lives. Many friends and colleagues in Texas and throughout the country have reached out during this painful time. Our family is requesting privacy . . . The details of a celebration of Steve's life will be announced at a later date."

"In honor of Steve's life and legacy,  please consider supporting the important work of the Mostyn Moreno Foundation or the Special Olympics of Texas. If you or a loved one are thinking about suicide, or experiencing a health crisis, call the National Suicide Prevention Lifeline right now."

Born John Steven Mostyn  in Whitehouse, a small town in East Texas, just southeast of Tyler, Mostyn graduated from the South Texas College of Law in 1996 and joined a Houston firm. Soon, he went on his own to create what he called "a uniquely different Texas law firm" -- Mostyn Law -- that focused on corporate negligence and wrongdoing.

Monday, October 30, 2017

Court gives government a win in young immigrants' cases

A federal appeals court handed the U.S. government a victory Tuesday in its fight against lawsuits opposing a decision to end a program protecting some young immigrants from deportation.

The 2nd U.S. Circuit Court of Appeals in Manhattan directed Brooklyn judges to expeditiously decide if a court can properly review the decision to end in March the Deferred Action for Childhood Arrivals program, or DACA. The government insists it cannot.

Activists are suing the government in New York, California, the District of Columbia and Maryland. DACA has protected about 800,000 people, many of them currently in college, who were brought to the U.S. illegally as children or came with families that overstayed visas.

A three-judge 2nd Circuit panel issued a brief order after hearing oral arguments. It said the government will not have to continue to produce documents or submit to depositions before the lower court decides whether the cases can proceed. It also said it will only decide the issue of whether to order the lower court to limit document production once those issues are addressed.

Attorney Michael Wishnie, who argued for plaintiffs suing the government, praised the appeals court for having "moved swiftly to address the government filings in this case."

And he noted that a Brooklyn judge gave the government until Friday to submit written arguments on the legal issues the appeals court said must be resolved before the case proceeds. The plaintiffs must submit their arguments by Nov. 1.

Earlier Tuesday, Deputy Assistant Attorney General Hashim M. Mooppan told the appeals court panel the government planned to ask the Brooklyn federal court by early next week to dismiss the lawsuits.

He said lawyers fighting the government were engaging in a "massive fishing expedition" for documents and testimony that would reveal the deliberative processes at the highest levels of the Department of Homeland Security and the Justice Department. He called it "wholly improper."

Mooppan seemed to get a sympathetic ear from appeals judges, with one of them saying the government's opponents seemed to be pursuing "a disguised application under the Freedom of Information Act."

"There are a lot of different ways this is very wrong, your honor. That might be one of them," Mooppan said.

Friday, September 8, 2017

Wisconsin panel changes court rules for Foxconn plant

Foxconn Technology Group could appeal lawsuits directly to the conservative-controlled Wisconsin Supreme Court, skipping the state appeals court, under changes to a $3 billion incentive package the Legislature's budget-writing committee approved Tuesday.

The unprecedented change to the usual judicial process drew criticism from Democrats, who also blasted the $3 billion incentives as a corporate welfare giveaway. But they didn't have the votes needed to stop the proposal.

The Republican-controlled committee approved the bill on a party line 12-4 vote. The state Senate planned to vote on it Sept. 12, with the Assembly expected to quickly follow. Both are under GOP control.

The Assembly approved it last month, but will have to vote again since the committee changed the measure which amounts to the largest state tax break to a foreign corporation in U.S. history. It must pass both houses of the Legislature in the same form before going to Gov. Scott Walker for his signature.

Taiwan-based Foxconn signed a deal with Wisconsin to invest up to $10 billion in the state on a massive flat-screen manufacturing campus that could employ up to 13,000 people. The plant is to be built in southeastern Wisconsin and be open as soon as 2020, although Foxconn has not identified its exact location yet.

"This is probably the biggest thing to happen to Wisconsin since the cow," Republican budget committee co-chair Rep. John Nygren said Tuesday.

Proponents say the plant offers a once-in-a lifetime opportunity for the state, while critics say the state is giving away too much with the $3 billion incentive package. The bill also waives environmental regulations that will allow Foxconn to build in wetland and waterways and construct its 20-million-square-foot campus without first doing an environmental impact statement.

France: Court finds topless photos violated royal’s privacy

A French court ruled Tuesday that photographers and gossip magazine executives violated the privacy of Britain’s Duchess of Cambridge by taking and publishing photographs of the former Kate Middleton sunbathing topless.

The court in a Paris suburb fined two executives of French gossip magazine Closer — owner Ernesto Mauri and executive editor Laurence Pieau — each the maximum of 45,000 euros ($53,500) for such an offense.

The Closer executives, along with two photographers for a celebrity photo agency, were collectively ordered to pay 50,000 euros ($59,500) in damages to Kate and the same amount to her husband, Prince William.

The damage award was substantially below the figure that the magazine’s lawyer said the royals had requested, but the timing of the court’s finding of privacy invasion had particular resonance in Britain.

Last week marked the 20th anniversary of the death of William’s mother, Princess Diana, who was killed in a Paris car accident that occurred while she was being pursued by paparazzi.

The royal couple did not attend the hearing where the verdict was announced. Their office at Kensington Palace said they were pleased the court ruled in their favor and now consider the matter closed.

Kate and William “wished to make the point strongly that this kind of unjustified intrusion should not happen,” the palace said in a statement.

Trump nominates White House lawyer to important court seat

President Donald Trump has tapped one of his own White House attorneys for a judgeship on one of the most important federal appeals courts, opening the door for confirmation hearing questions about the legal controversies that dominated the first seven months of Trump's presidency.

Gregory Katsas was nominated Thursday to serve on the U.S. Court of Appeals for the District of Columbia Circuit. Katsas, the deputy White House counsel, was a former Justice Department official under President George W. Bush. A biography on the White House's website says he has argued more than 75 appeals, including the constitutional challenge to President Barack Obama's Affordable Care Act before the Supreme Court.

He would replace the libertarian-leaning Judge Janice Rogers Brown, who retired this summer. The court is influential, in part because of its role in adjudicating many of the orders and laws put forth by the administration. It is sometimes called America's second highest court because it can be a stepping stone to the Supreme Court just a few blocks away.

Katsas, once a law clerk to Justice Thomas, has served in high-ranking Justice Department roles, including as head of the civil division that has responsibility for defending the administration's policies against court challenges. He is part of the steady stream of Jones Day law firm partners who have flowed into the Trump administration, including White House counsel Don McGahn.

So many Jones Day attorneys work in the White House that the counsel's office issued a blanket ethics waiver for them so that they can maintain contact with their former colleagues without running afoul of ethics provisions. The firm's lawyers continue to represent members of the Trump campaign outside the White House.

Thursday, August 17, 2017

Mizzou's Howard arrested again for failing to appear in court

Missouri defensive end Nate Howard, already suspended and facing a felony drug charge, was arrested again Monday night by UMPD for an out-of-county warrant for failing to appear in court for a speeding ticket in Montgomery County.

Howard had a ticket arraignment scheduled for last Thursday in Montgomery Circuit Court for a misdemeanor speeding ticket filed March 28. Howard didn't pay the ticket for $121 or appear in court to contest the charge, according to online court records.

Howard was contacted during a traffic stop Monday when MU police discovered the warrant, MUPD Lt. Buddy Anliker said in an email.

Howard's next court date in his felony drug possession case is Aug. 24. Howard, a former All-Metro standout at Ladue High School, was arrested June 14 in Columbia on suspicion of possession of a controlled substance and suspicion of marijuana possession when police found illegal mushrooms and marijuana in the vehicle he was driving. Howard has been charged with a class D felony for possession of a controlled substance. All MU athletes charged with a felony are suspended indefinitely until their case is resolved.

Howard has not practiced with the Tigers since the spring and is not on the current 105-man roster. Howard has 15 tackles in 15 career games.