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Dutch court throws out case against Israeli military chiefs
Legal Information | 2020/01/30 10:56
A Dutch court threw out a civil case Wednesday brought by a Dutch-Palestinian man seeking damages from two former Israeli military commanders for their roles in a 2014 airstrike on a Gaza house that killed six members of his family.

The Hague District Court ruled that the case filed by Ismail Zeyada can't proceed because the commanders, including high profile former military chief Benny Gantz, have immunity.

Zeyada was attempting to sue Gantz, who is now a prominent Israeli politician, and former Israeli air force commander Amir Eshel. Neither Gantz nor Eshel was in court for the decision.

Zeyada, who lives in the Netherlands, brought the case in The Hague because he argued he can't successfully hold Israeli military leaders accountable in Israeli courts.

But presiding judge Larisa Alwin said the court can't hear the case because the commanders “enjoy functional immunity from jurisdiction” as their actions were part of a state-sanctioned military operation.

Zeyada said he and his lawyers would study the ruling with a view to appealing. “I owe it to all the Palestinians who have suffered and continue to suffer the same fate, to continue this struggle to achieve what is denied to them: Access to independent justice and accountability for the unspeakable crimes committed against them,” he told reporters outside the courtroom.

The court agreed with the arguments of Dutch lawyers representing the men who said last year they should reject the case for lack of jurisdiction because the commanders have immunity because their actions in the 2014 Gaza conflict were part of an Israeli military operation and that Zeyada was free to sue them in Israel.


Man Stirs the Pot by Lighting Joint in Court
Legal Information | 2020/01/30 10:55
The rapper Afroman famously sang about how getting high on marijuana prevented him from going to court. A Tennessee man decided to combine the two when he lit a marijuana cigarette in the courtroom, authorities said.

Spencer Alan Boston, 20, was arrested Monday and charged with disorderly conduct and simple possession after sparking up in the courtroom, news outlets reported.

Wilson County Sheriff Robert Bryan said Boston was in court Monday on a simple drug possession charge. Boston approached the bench to discuss his sentence but instead expressed his views on legalizing marijuana.

Boston reached in his pocket, pulled out a marijuana cigarette, lit it, smoked it and was immediately taken into custody, Bryan said.

Sheriff’s Office Lt. Scott Moore said the courtroom crowd chuckled. It’s unclear whether Boston lit up a joint or a blunt but Bryan said the defendant’s marijuana did have a strong odor.


Wood County commissioner reprimanded by Supreme Court
Legal Information | 2020/01/30 10:53
The Wisconsin Supreme Court on Thursday reprimanded a part-time Wood County circuit court commissioner for not removing himself from hearing a case involving an attorney who was a personal friend.

The court reprimanded part-time commissioner Kenneth Gorski after agreeing with the Wisconsin Judicial Commission's determination that Gorski had willfully violated several rules of the judicial conduct code. Gorski works about two afternoons a month as a part-time circuit court commissioner, a job he started in 2014.

The complaint stems from a small claims case that Gorski should have recused himself from because he was personal friends for more than 20 years with the attorney, the Supreme Court said. They went on four overseas vacations together between 2015 and 2018 as well as frequent overnight golfing trips, the Supreme Court said.

During the trial, Gorski lost his temper with the defendant who was opposed by his attorney friend, groaning in anger and making sarcastic comments, the Supreme Court said.


Supreme Court allows enforcement of new green card rule
Law Firm Press Release | 2020/01/26 10:56
A divided Supreme Court on Monday allowed the Trump administration to put in place new rules that could jeopardize permanent resident status for immigrants who use food stamps, Medicaid and housing vouchers.

Under the new policy, immigration officials can deny green cards to legal immigrants over their use of public benefits. The justices' order came by a 5-4 vote and reversed a ruling from the 2nd U.S. Circuit Court of Appeals in New York that had kept in place a nationwide hold on the policy following lawsuits against it.

The court's four liberal justices, Stephen Breyer, Ruth Bader Ginsburg, Elena Kagan and Sonia Sotomayor, voted to prevent the policy from taking effect.

Federal appeals courts in San Francisco and Richmond, Virginia, had previously overturned trial court rulings against the rules. An injunction in Illinois remains in effect but applies only to that state.

The lawsuits will continue, but immigrants applying for permanent residency must now show they wouldn't be public charges, or burdens to the country.

The new policy significantly expands what factors would be considered to make that determination, and if it is decided that immigrants could potentially become public charges later, that legal residency could be denied. Under the old rules, people who used non-cash benefits, including food stamps and Medicaid, were not considered public charges.



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