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Trial starts for Hong Kong businessman in bribery case
Legal Information | 2018/12/02 22:13
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.


Trump lawyer confident he'll win in charity suit
Legal Information | 2018/12/01 22:12
Donald Trump's lawyer says he's confident the president's side will prevail in a lawsuit alleging that he used his charitable foundation to further his business and political interests.

Trump's lawyer Alan Futerfas said a judge's decision to reject his bid to have the lawsuit thrown out "means only that the case goes forward."

State Supreme Court Justice Saliann Scarpulla's ruling was posted Friday.

Futerfas said Trump's side maintains that all money raised by the nonprofit Trump Foundation "went to charitable causes to assist those most in need."

New York Attorney General Barbara Underwood said she welcomed Scarpulla's decision. The Democrat refuted the contention of Trump's lawyers that the lawsuit was politically motivated.

Underwood said she intends to enforce rules governing private foundations no matter who runs the foundation.

Donald Trump's lawyer says he's confident the president's side will prevail in a lawsuit alleging that he used his charitable foundation to further his business and political interests.

Trump's lawyer Alan Futerfas said a judge's decision to reject his bid to have the lawsuit thrown out "means only that the case goes forward." State Supreme Court Justice Saliann Scarpulla's ruling was posted Friday.



Supreme Court sets high bar for medical device lawsuits
Local Legal Events | 2018/11/29 22:11
The tiny balloon was supposed to stretch open a blocked artery on Charles Riegel's diseased heart. Instead, when the doctor inflated the balloon, it burst.

The patient went on life support but survived. His lawsuit against the manufacturer of that arterial balloon did not.

The U.S. Supreme Court ruled in favor of Medtronic, among the world's largest makers of medical devices, setting a precedent that has killed lawsuits involving some of the most sophisticated devices on the market.

The device that harmed Riegel had cleared the U.S. Food and Drug Administration's most rigorous review, known as "pre-market approval." To reach consumers, Medtronic provided regulators with documentation that the Evergreen Balloon Catheter would be safe and effective.

In Riegel v. Medtronic Inc., the justices grappled with whether Medtronic had any liability. They ruled that devices that have received pre-market approval are effectively immune from product liability lawsuits in state courts, where juries can award huge sums. The reasoning: Congress wrote that states couldn't add safety requirements beyond what the FDA imposes.

Since the Supreme Court ruling in 2008, rare is the case when a manufacturer must pay suffering, lost wages and other compensation to patients who claim they were injured by a pre-market approved device. Patients who believe they've been harmed can still sue device makers in federal court.



Government asks high court to hear transgender military case
Law Firm Press Release | 2018/11/26 22:08
The Trump administration asked the Supreme Court on Friday to issue an unusually quick ruling on the Pentagon's policy of restricting military service by transgender people. It's the fourth time in recent months the administration has sought to bypass lower courts that have blocked some of its more controversial proposals and push the high court, with a conservative majority, to weigh in quickly on a divisive issue.

Earlier this month, the administration asked the high court to fast-track cases on the president's decision to end the Deferred Action for Childhood Arrivals program, which shields young immigrants from deportation. Administration officials also recently asked the high court to intervene to stop a trial in a climate change lawsuit and in a lawsuit over the administration's decision to add a question on citizenship to the 2020 census.

The 9th U.S. Circuit Court of Appeals, a frequent target of criticism by President Donald Trump, is involved in three of the cases. Trump's recent salvo against the "Obama judge" who ruled against his asylum policy — not one of the issues currently before the Supreme Court — prompted Chief Justice John Roberts to fire back at the president for the first time for feeding perceptions of a biased judiciary.

Joshua Matz, publisher of the liberal Take Care blog, said the timing of the administration's effort to get the Supreme Court involved in the issues at an early stage could hardly be worse for Roberts and other justices who have sought to dispel perceptions that the court is merely a political institution, especially since the confirmation of Justice Brett Kavanaugh. At an especially sensitive moment for the Supreme Court, the Trump administration is "forcing it into a minefield that many justices would almost surely prefer to avoid," Matz said.



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