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Satellite images as evidence in court: legal obstacles to their use in environmental investigations

Satellite images could be used as evidence in environmental crime cases in the future, a Belgian judge and researcher predicts. However, there are several obstacles to their use at present. Notably, they do not provide sufficiently detailed evidence for the courtroom.




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WA court orders $175k forfeiture after AFP investigation

The Supreme Court of Western Australia has ordered $175,100 be forfeited to the Commonwealth, following an Australian Federal Police (AFP) investigation into proceeds of crime seized at Perth Airport in 2018.




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Doreen man to face court over child abuse material offences

A 45-year-old man will face Melbourne Magistrate’s Court today, charged in relation to child abuse material offences.




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1010 Highclere Holly Court




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1007 Highclere Holly Court




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1007 Highclere Holly Court




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Abbots Langley's Shannon Courtenay has upcoming fight suspended due to coronavirus outbreak

Shannon Courtenay's upcoming fight is among the latest sporting events to have been suspended due to the coronavirus outbreak, with Matchroom Boxing pushing back a number of their bills.





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5 key facts about the gay marriage cases before the Supreme Court

Here are the key facts about the cases and what's behind them.



  • Arts & Culture

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When a courtesy note isn't much of a courtesy

Is telling neighbors in an apartment building that they won't sleep because of an all-night party a courtesy or fair warning?




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Monsanto wins Supreme Court case on GMO soybean seeds

Unanimous decision rules in favor of Monsanto regarding the replanting of seeds from genetically modified soybeans.




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Low profile Supreme Court case could be big problems for planet

Because of the contentious nature of the Senate, the Supreme Court's ruling that there is not a "parallel track" for climate policy paves the way for a Washingt




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The great ethanol debate heads to the courts

One side says the EPA is overstepping its bounds, while some say it didn't go far enough.




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Copenhagen Day 11: Hillary thwacks ball into China's court

The U.S. secretary of state makes the ACES climate bill targets official and pledges to build a $100 billion fund.



  • Research & Innovations

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Obama courts 7 Republicans to hash out energy bill

Only one of the Republicans is running in the 2010 midterm elections, but each is being courted for a number of reasons.




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Make-believe cap-and-trade plan heads to court

Real or not, Farmington, New Mexico wants no part of a system that reduces CO2 emissions.




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Costner and Baldwin battle in court over oil spill tech

Costner, Baldwin battle in court of oil spill tech. The lawsuit is based on allegations that Kevin Costner and a business partner duped Stephen Baldwin and anot



  • Arts & Culture

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FDA can ignore taking action on overuse of antibiotics in livestock if it wants, says court

Even if the FDA knows something is harmful, it seems no one can make them do anything about it.




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Cheering kindergarteners pack courthouse for boy's adoption hearing

Kindergarten class in Michigan joins their 5-year-old classmate in court for his official adoption.




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U.S. court overrules EPA on bee-killing pesticide

Noting that bees are 'dying at alarming rates,' federal judges have rejected the EPA's approval of sulfoxaflor.



  • Organic Farming & Gardening

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Research reveals insurance claims among the most likely to succeed in courts

Law firm warns insurance sector will be under scrutiny as the level of litigation is predicted to rise as a result of Covid-19.




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Federal Court dismisses ACCC appeal on PN Aurizon case

6 May 2020

The Full Court of the Federal Court has today delivered its judgment on the ACCC’s appeal in relation to proceedings brought to stop Pacific National’s acquisition of the Acacia Ridge Terminal in Brisbane by Aurizon (ASX: AZJ).

The ACCC had appealed the 2019 judgment of the Federal Court which held that the acquisition would not be likely to substantially lessen competition due to an undertaking that Pacific National had offered the Court.

While the ACCC was successful in relation to a number of legal issues, the Full Court found there was insufficient evidence to establish that the acquisition was likely to result in a substantial lessening of competition, and dismissed the ACCC’s appeal.

Although the majority of the Full Court agreed with the ACCC’s position on the meaning of ‘likely’, the case hinged on the ACCC establishing the likelihood of another player seeking to enter the market in the next five to ten years. The Full Court considered that the prospect of new entry was no more than speculative.

“This was a particularly important case for Australia’s merger laws, and the outcome demonstrates the real difficulty of applying the substantial lessening of competition provisions in the legislation,” ACCC Chair Rod Sims said.

The result of the Full Court’s decision is that Pacific National’s acquisition of the Acacia Ridge Terminal may proceed, without the access undertaking accepted by the trial judge.

“This is also a sad day for the economy, because the ACCC’s view is that the prospects of competition in rail freight have been significantly diminished and the impacts of this will be with us for more than a decade,” Mr Sims said.

The ACCC’s case was that Pacific National’s ownership of the Acacia Ridge Terminal would allow it to effectively prevent access to new entrants, entrenching Pacific National’s position as the dominant rail freight carrier on the east coast.

“We will now carefully consider the Full Court’s judgment. The ACCC will continue to consider what changes are needed to make Australia’s merger laws work in the way they need to, to safeguard the economy from highly concentrated markets,” Mr Sims said.

Notes to editors

The term ‘intermodal’ freight is used to describe the carriage of general freight usually in a container using two or more modes of transportation, such as truck and rail. ‘Intermodal rail linehaul’ refers to the rail leg of the movement of intermodal freight. ‘Steel rail linehaul’ refers to similar services that are provided in respect of steel products.

An intermodal terminal, such as the Acacia Ridge Terminal, comprises infrastructure with a connection to a rail line where containers can be transferred between transportation modes.

Background

The ACCC commenced proceedings on 18 July 2018 alleging that Pacific National’s acquisition of the Acacia Ridge Terminal from Aurizon would have the likely effect of substantially lessening competition in breach of section 50 of the Competition and Consumer Act 2010.

The ACCC was concerned that the acquisition of the Acacia Ridge Terminal would deter a new entrant from providing interstate linehaul services in competition with Pacific National.

The ACCC had commenced a public investigation of Aurizon’s proposed exit plans, including the proposed acquisitions by Pacific National of the Acacia Ridge Terminal and Queensland intermodal business on 27 October 2017. The ACCC issued a statement of issues on 15 March 2018.

The Federal Court dismissed the ACCC’s proceedings on 15 May 2019. The trial judge found that, with Pacific National’s undertaking offered to the Court, the acquisition of the Acacia Ridge Terminal would not be likely to substantially lessen competition.

The ACCC lodged an appeal on 27 June 2019. The appeal, and cross appeals by Pacific National and Aurizon, were heard before the Full Court of the Federal Court from 17 – 20 February 2020.

Release number: 
91/20
ACCC Infocentre: 

Use this form to make a general enquiry.

Media enquiries: 
Media team - 1300 138 917
Audience




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Robert Neff Harcourt Celebrates Six Decades of Professional Excellence in Social Work, Educational Administration and Counseling, Journalistic and Author Assisted Writings, and in the Arts

Mr. Harcourt gives back through 25 consecutive years of table sponsorships for Santa Fe, New Mexico's UNESCO recognized Institute of American Indian Arts annual August Scholarship Gala




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Dream Courts Come to Houston, Texas

Boys & Girls Clubs of Greater Houston, Allen Parkway Club




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Ontario Court Says Sexual Abuse Cases Are Exempt From General Damages Cap

Preszler Injury Lawyers Represented Plaintiff in Groundbreaking Case




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NFL Concussion Lawsuit Settlement Currently in the United States Court of Appeals for the Third Circuit

Concussion Settlement Payouts Delayed; Eligible Former Players Can Receive a Portion of Settlement Funding Now




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Court & Carpenter Named to the 2020 Lawyers of Distinction

Military-only defense lawyer named a "Lawyer of Distinction" after thorough evaluation and screening process.




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Florida Supreme Court to rule on access to Intoxilyzer documentation

A Florida Supreme Court ruling could change the game for those facing DUI charges. The court heard arguments relating to the discovery of information pertaining to alcohol breath tests.




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Supreme Court hears arguments in DUI blood test case

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Vania Mia Chaker's Forthcoming Law Review Article is One of the Few that Analyzes the Landmark Supreme Court Case of Carpenter v. US and the Profoundly Complex, Bedeviling Issue of Individual Privacy

Ms. Chaker's legal scholarship in the "Chimaera" series of law review articles and on Carpenter v. United States is due to be published in top-tier journals, including The University of Florida Levin College of Law Journal of Technology Law & Policy.




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Joseph Harcourt Waterman Presented with the Albert Nelson Marquis Lifetime Achievement Award by Marquis Who's Who

Mr. Waterman has been endorsed by Marquis Who's Who as a leader in the field of church music




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Former Los Angeles Superior Court Commissioner Joins Top Criminal Defense Firm

Schwartz & Weinrieb, one of the leading criminal defense law firms in Los Angeles, is excited to announce that former Los Angeles Superior Court Commissioner for the Airport Courthouse, Mark Zuckman, has joined the firm as Of Counsel.




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Local Attorney Wins Case in Courthouse Building Her Father Designed Decades Ago

Criminal defense lawyers at Goldman Wetzel take their victory in the Hernando County government center designed by attorney Summer Goldman's father.




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The NYS Supreme Court Officers Association Chooses Fuse Systems

Fuse Systems, a leading software provider, and systems solutions company, is pleased to announce that the New York State Supreme Court Officers Association has chosen Fuse Systems as their Systems Provider.




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CoreLogic Sanctioned Over $86,000 For Violating Court Orders Compelling Arbitration

The Court found that CoreLogic had "displayed a pattern of dilatory conduct," and had "willfully and unreasonably disobeyed" its orders.




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Kotak Mahindra Bank vs RBI: Bank to withdraw court case, pare promoter stake to 26%

Kotak Mahindra Bank vs RBI: Bank to withdraw court case, pare promoter stake to 26%





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Poke Me: The Supreme Court should have taken a more streetwise look before ordering a 'highway prohibition'

For those of us who’ve lived in Dehradun for decades, the Supreme Court order banning sale of liquor on highways, is the cruellest joke you could play on a small town.




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German court's ECB bond-buy ruling hits southern European bonds

The decision did not apply to the ECB's PEPP coronavirus pandemic-fighting programme.




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Madras High Court orders for TASMAC shops closure as TN crosses 6,000 Covid-19 positive cases

The High Court passed the interim order on Friday as a result of the blatant violation of the conditions that the court had prescribed under which liquor shops could function. These conditions included adhering to social distancing norms while also deploying additional staff to manage the crowd.




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Unpaid Law Student Volunteer, Academic Year- Office of Immigration Litigation- District Courts Section

Civil Division (CIV)
Office of Immigration Litigation- District Courts Section
Washington, District of Columbia


Volunteer Legal Interns will be assigned to one of OIL-DCS’s six litigation teams. Responsibilities may vary depending upon an intern’s time commitment, but will generally include conducting legal research, preparing memoranda, and providing other litigation support. Under the supervision of an attorney-mentor, Volunteer Legal Interns typically draft motions to dismiss, motions for summary judgment, oppositions in substantive or procedural matters, appellate briefs, or complaints in affirmative denaturalization cases. Interns will also be expected to prepare and deliver a mock oral argument on of their assigned cases before a panel of subject-matter experts. Any Department-wide or internal trainings offered will also be made available for Volunteer Legal Interns to attend.




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Unpaid Law Student Volunteer, Academic Year- National Courts Section

Civil Division (CIV)
National Courts Section
Washington, District of Columbia


Intern assignments closely equate to the work that is routinely performed by National Courts Section attorneys.  Typically, this means that interns will be utilized to research and draft appellate briefs, dispositive court motions (e.g., motions to dismiss pursuant to Rule 12(b), motions for summary judgment pusuant to Rule 56), and legal memoranda.  Interns may also be assigned to assist attorneys in all phases of trial preparation and trial, and may attend depositions, moot courts and oral arguments.

Weeks/Hours: Academic semester interns must commit to work a minimum of 15 hours per week for a period of at least 10 weeks during the semester.




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Federal Court Permanently Shuts Down Ohio Tax Return Preparer

A federal court permanently enjoined Mary E. Shade, d/b/a MS Tax, of Piqua, Ohio, from owning or operating a tax return preparation business and preparing tax returns for others, the Justice Department announced today. Mary E. Shade consented to the relief.




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Federal Court Permanently Bars Former Liberty Tax Service Owners from Tax Preparation Business

A federal court in Tampa, Florida has permanently barred Steven Doletzky, formerly doing business as Liberty Tax Service, from operating a tax return preparation business and preparing federal tax returns for others, the Justice Department announced today. The court also ordered Doletzky to disgorge $175,000 of ill-gotten gains that the United States alleges he received from filing federal tax returns that claimed improper tax refunds, understated customers’ federal tax liabilities, or otherwise included false or fraudulent claims.




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Federal Court Finds Tampa Tax Preparer in Contempt for Violating the Court’s Preliminary and Permanent Injunctions




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Federal Court Orders Texas Home Health Care Services Company to Pay Employment Taxes

On March 18, a federal court ordered El Mundo Feliz, a Partnership (El Mundo), and Daniel Martinez Jr. to begin paying employment taxes to the United States on a timely basis, the Justice Department announced today.




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Federal Court Permanently Shuts Down Texas Tax Return Preparers

A federal court permanently enjoined Smart Ajayi, d/b/a Harplett Marketing LLC., Topps Tax Services and Smart Tax Services, and JoAnn Villarreal, both of Grand Prairie, Texas, from owning or operating a tax return preparation business and preparing tax returns for others, the Justice Department announced today. Ajayi and Villarreal consented to the relief.




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Federal Appellate Court Upholds Enforcement of IRS Summons Seeking Information Concerning Law Firm Clients Involved in Foreign Transactions

On April 24, 2020, a federal appellate court upheld an order enforcing an Internal Revenue Service (IRS) summons directed to the Taylor Lohmeyer Law Firm PLLC, the Department of Justice announced. The summons directed the law firm to provide information about clients who used the law firm’s services to create and maintain foreign bank accounts and entities. On appeal, the United States Court of Appeals for the Fifth Circuit upheld the trial court’s enforcement of the summons and rejected the law firm’s “blanket” claim that all responsive materials were protected by the attorney-client privilege. It explained that revealing the fact that the clients participated in specific types of transactions would not necessarily reveal any confidential communication of legal advice protected by the attorney-client privilege.




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Justice Department Files Brief to Address Automatic Suspensions of Driver’s Licenses for Failure to Pay Court Debt




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Court Prohibits Dallas Health Center from Touting “Ozone Therapy” as a COVID-19 Treatment




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Court Orders Halt to Sale of Silver Product Fraudulently Touted as COVID-19 Cure