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Court case threatens to take gloss off Ostersund's rise
Law Firm News | 2019/04/21 09:25
It was one of European soccer's most heartwarming stories, an unconventional club from a sleepy city in central Sweden making an eight-year journey from the amateur ranks to beating Arsenal in the Europa League.

But was the remarkable rise of Ostersund built on illegal foundations?

In a case that has rocked Swedish sport in recent months, Daniel Kindberg, the larger-than-life former chairman of Ostersund who is regarded as the mastermind behind the team's success, is heading to court for a trial in which he is accused of serious financial crimes.

The basic premise? Kindberg is alleged to have helped funnel 11.8 million kronor ($1.3 million) of taxpayers' money into the club in an elaborate scheme that involved two other men and three companies — one being the municipality's housing corporation for which Kindberg was chief executive.

Kindberg could go to jail for a maximum of six years, according to the Swedish Economic Crime Authority. Ostersund could lose its place in the top league in Sweden. A small soccer club's great achievement, which was celebrated and enjoyed across the continent, might be tainted.

"As good as it was for the Ostersund brand with this fairy tale of the OFK team going into Europe," Ostersund's mayor, Bosse Svensson, told The Associated Press, "this is just as bad."

Kindberg, who denies the charges, was arrested a year ago and has stood down from his role as Ostersund chairman.

The case has both shocked and polarized the natives of this remote city — located 300 miles (480 kilometers) northwest of Stockholm and with a population of around 50,000 — that is better known for its winter sports than its soccer.


Supreme Court asked to void Louisiana abortion clinic law
Court News | 2019/04/18 09:24
A Louisiana abortion clinic is asking the Supreme Court to strike down regulations that could leave the state with just one clinic.

A divided high court had previously agreed to block the law pending a full review of the case.

An appeal being filed with the court Wednesday says the justices should now take the next step and declare the law an unconstitutional burden on the rights of women seeking an abortion. The Louisiana provision is similar to a Texas law the court struck down in 2016.

If the justices agree to hear the Louisiana case, as seems likely, it could lead to a decision on the high-profile abortion issue in spring 2020, in the midst of the presidential election campaign.

The case presents a swirling mix of the changed court’s views on abortion rights and its respect for earlier high court decisions.

Louisiana’s law requires abortion providers to have admitting privileges at nearby hospitals. The justices said in 2016 that a Texas law provided “few, if any, health benefits for women.”

But the composition of the court has changed since then. President Donald Trump has put two justices, Neil Gorsuch and Brett Kavanaugh, on the court. Kavanaugh replaced Justice Anthony Kennedy, who voted to strike down the Texas law. Trump had pledged during the campaign to appoint “pro-life” justices, and abortion opponents are hoping the more conservative bench will be more open to upholding abortion restrictions.

Louisiana abortion providers and a district judge who initially heard the case said one or maybe two of the state’s three abortion clinics would have to close under the new law. There would be at most two doctors who could meet its requirements, they said.

But the appeals court in New Orleans rejected those claims, doubting that any clinics would have to close and saying the doctors had not tried hard enough to establish relationships with local hospitals.

In January, the full appeals court voted 9-6 not to get involved in the case, setting up the Supreme Court appeal.

In February, the justices split 5-4 to keep the law on hold. Chief Justice John Roberts, a dissenter in the 2016 case from Texas, joined with the court’s four liberal justices to temporarily block the Louisiana measure.


Nissan ex-chair Ghosn appeal on extended detention rejected
Legal Line News | 2019/04/16 10:55
Japan's top court said Thursday it has rejected an appeal by former Nissan Chairman Carlos Ghosn's lawyers against his extended detention after his fourth arrest on allegations of financial misconduct.

The decision upholds the extension of his detention through April 22 that was approved Monday by the Tokyo District Court.

The Supreme Court ruling was made Wednesday and conveyed to foreign media on Thursday.

Ghosn was first arrested in November and charged with under-reporting his retirement compensation and with breach of trust. He was released March 6 on bail, but was arrested again on April 4 on fresh allegations and sent back to detention.

Rearresting a suspect released on bail, which is allowed only after indictment, is rare and has triggered criticism of Japan's criminal justice system, in which long detentions during investigations are routine.

Ghosn, who led Nissan for two decades and is credited with turning around the company from near-bankruptcy, has denied any wrongdoing.

In a separate legal maneuver, the Tokyo District Court has rejected an appeal by Ghosn's lawyers questioning prosecutors' confiscation of video of security camera installed at Ghosn's apartment, Kyodo News reported Thursday. The court did not respond to calls after office hours.

Last week, Nissan's shareholders voted to remove Ghosn from the company's board.

In his video statement filmed before his arrest and released by his lawyers April 9, Ghosn accused some Nissan executives of plotting against him over unfounded fears about losing their autonomy to their French alliance partner Renault SA.



Kansas tells court broad support is reason to OK schools law
U.S. Court News | 2019/04/15 10:57
Lawyers for Kansas told the state Supreme Court on Monday that it should sign off on a new law boosting spending on public schools and end a protracted education funding lawsuit partly because the law has broad, bipartisan support.

Attorney General Derek Schmidt, a Republican, filed written legal arguments defending the new law. It contains Democratic Gov. Laura Kelly's proposal for an education funding increase of roughly $90 million a year and is aimed at satisfying a state Supreme Court ruling last year that education funding remained inadequate.

Four school districts sued the state in 2010, and their attorneys have said that the new law does not provide enough additional funding after the 2019-20 school year. Schmidt said the districts are seeking a "heckler's veto" after Kelly, many Republican lawmakers and the GOP-led State Board of Education agreed that the increase she sought would satisfy the court.

"This court should give great weight to the considered decisions of both the education officials and the people's representatives," Schmidt's written argument said. "That is particularly true here given the widespread, bipartisan consensus."

Attorneys for the four school districts asked in their own filing for the Supreme Court to order higher spending after the 2019-20 school year, give legislators another year to comply and keep the case open so that the state's actions can be monitored.


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