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•  State Bar News - Legal News


The United Nations’ top court on Wednesday rejected large parts of a case filed by Ukraine alleging that Russia bankrolled separatist rebels in the country’s east a decade ago and has discriminated against Crimea’s multiethnic community since its annexation of the peninsula.

The International Court of Justice ruled Moscow violated articles of two treaties — one on terrorism financing and another on eradicating racial discrimination — but it rejected far more of Kyiv’s claims under the treaties.

It rejected Ukraine’s request for Moscow to pay reparations for attacks in eastern Ukraine blamed on pro-Russia Ukrainian rebels, including the July 17, 2014, downing of Malaysia Airlines Flight 17 that killed all 298 passengers and crew.

Russia has denied any involvement in the downing of the jetliner. A Dutch domestic court convicted two Russians and a pro-Moscow Ukrainian in November 2022 for their roles in the attack and sentenced them in their absence to life imprisonment. The Netherlands and Ukraine also have sued Russia at the European Court of Human Rights over MH17.

In another rebuke for Moscow, the world court ruled that Russia had violated one of the court’s orders by launching its full-scale invasion in Ukraine nearly two years ago.

The leader of Ukraine’s legal team, Anton Korynevych, called the ruling “a really important day because this is a judgment which says that the Russian Federation violated international law, in particular both conventions under which we made our application.”

The legally binding final ruling was the first of two expected decisions from the International Court of Justice linked to the decade-long conflict between Russia and Ukraine that exploded into all-out war almost two years ago.

At hearings last year, a lawyer for Ukraine, David Zionts, said the pro-Russia forces in eastern Ukraine “attacked civilians as part of a campaign of intimidation and terror. Russian money and weapons fueled this campaign.”



A Hong Kong court ordered China Evergrande, the world’s most heavily indebted real estate developer, to undergo liquidation following a failed effort to restructure $300 billion owed to banks and bondholders that fueled fears about China’s rising debt burden.

“It would be a situation where the court says enough is enough,” Judge Linda Chan said Monday. She said it was appropriate for the court to order Evergrande to wind up its business given a “lack of progress on the part of the company putting forward a viable restructuring proposal” as well as Evergrande’s insolvency.

China Evergrande Group is among dozens of Chinese developers that have collapsed since 2020 under official pressure to rein in surging debt the ruling Communist Party views as a threat to China’s slowing economic growth. But the crackdown on excess borrowing tipped the property industry into crisis, dragging on the economy and rattling financial systems in and outside China.

Chinese regulators have said the risks of global shockwaves from Evergrande’s failure can be contained. The court documents seen Monday showed Evergrande owes about $25.4 billion to foreign creditors. Its total assets of about $240 billion are dwarfed by its total liabilities.

“It is indisputable that the company is grossly insolvent and is unable to pay its debts,” the documents say.

About 90% of Evergrande’s business is in mainland China. Its chairman, Hui Ka Yan, who is also known as Xu Jiayin, was detained by authorities for suspected “illegal crimes” in late September, further complicating the company’s efforts to recover.

It’s unclear how the liquidation order will affect China’s financial system or Evergrande’s operations as it struggles to deliver housing that has been paid for but not yet handed over to families that put their life savings into such investments.

Evergrande’s Hong Kong-traded shares plunged nearly 21% early Monday before they were suspended from trading. But Hong Kong’s benchmark Hang Seng index was up 0.9% and some property developers saw gains in their share prices.



A Japanese court sentenced a man to death after finding him guilty of murder and other crimes Thursday for carrying out an arson attack on an anime studio in Kyoto that killed 36 people.

The Kyoto District Court said it found the defendant, Shinji Aoba, mentally capable to face punishment for his crimes and announced the sentence of capital punishment after a recess in a two-part session on Thursday.

Aoba stormed into Kyoto Animation’s No. 1 studio on July 18, 2019, and set it on fire. Many of the victims were believed to have died of carbon monoxide poisoning. More than 30 other people were badly burned or injured.

Judge Keisuke Masuda said Aoba had wanted to be a novelist but was unsuccessful and so he sought revenge, thinking that Kyoto Animation had stolen novels he submitted as part of a company contest, according to NHK national television.

NHK also reported that Aoba, who was out of work and struggling financially after repeatedly changing jobs, had plotted a separate attack on a train station north of Tokyo a month before the arson attack on the animation studio.

Aoba plotted the attacks after studying past criminal cases involving arson, the court said in the ruling, noting the process showed that Aoba had premeditated the crime and was mentally capable.

“The attack that instantly turned the studio into hell and took the precious lives of 36 people, caused them indescribable pain,” the judge said, according to NHK. During the trial, Aoba told the victims’ families that he was sorry, but he did not show sincere regret or face their sufferings fully, and there was little hope for correction, the ruling said.

Aoba, 45, was severely burned and was hospitalized for 10 months before his arrest in May 2020. He appeared in court in a wheelchair.

His defense lawyers argued he was mentally unfit to be held criminally responsible.

About 70 people were working inside the studio in southern Kyoto, Japan’s ancient capital, at the time of the attack. One of the survivors said he saw a black cloud rising from downstairs, then scorching heat came and he jumped from a window of the three-story building gasping for air.

The company, founded in 1981 and better known as KyoAni, made a mega-hit anime series about high school girls, and the studio trained aspirants to the craft.

Japanese media have described Aoba as being thought of as a troublemaker who repeatedly changed contract jobs and apartments and quarreled with neighbors. The fire was Japan’s deadliest since 2001, when a blaze in Tokyo’s congested Kabukicho entertainment district killed 44 people.

Chief Cabinet Secretary Yoshimasa Hayashi said the Kyoto Animation attack was “a highly tragic case” and that the government has since stepped up restrictions on gasoline sales, including mandatory identification checks of purchasers. Hayashi, however, declined to comment on the death penalty ruling.

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