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High Court in London backs Virgin Atlantic's rescue plan
Lawyer News Source | 2020/09/02 09:10
Virgin Atlantic’s 1.2 billion-pound ($1.6 billion) restructuring plan was approved Wednesday by the High Court in London, allowing the international airline to continue rebuilding its operations after the devastation caused by the coronavirus pandemic.

The deal, which has already been approved by creditors, must now be confirmed in the U.S. courts.

The airline announced the refinancing package in July to ensure its survival after passenger numbers dropped 98% in the second quarter. It includes 600 million pounds of support from the airline’s owners, Virgin Group and Delta Airlines, 450 million pounds of deferred payments to creditors and 170 million pounds of financing from U.S.-based Davidson Kempner Capital Management LP.

Virgin Atlantic, founded in 1984 by Richard Branson’s Virgin Group, has already cut 3,550 jobs, shuttered operations at London’s Gatwick Airport and announced plans to retire 11 aircraft as it seeks to weather the slowdown in air travel. The airline says it doesn’t expect passenger volume to return to pre-pandemic levels until 2023.

"Achieving this significant milestone puts Virgin Atlantic in a position to rebuild its balance sheet, restore customer confidence and welcome passengers back to the skies, safely, as soon as they are ready to travel,” the company said in a statement.

Delta invested $360 million in Virgin Atlantic in December 2012, acquiring a 49% stake in the airline. Virgin Group owns the remaining shares.

Virgin flies from London’s Heathrow Airport and Manchester to destinations in the U.S., China, India, Pakistan, South Africa, Nigeria, Israel and the Caribbean.


1st Black woman confirmed to be justice on NJ high court
Lawyer News Source | 2020/08/27 18:19
The nomination of the first Black woman to sit on New Jersey’s Supreme Court was confirmed Thursday by the state Senate.

Fabiana Pierre-Louis, a 39-year-old attorney in private practice and a former federal prosecutor, was nominated by Democratic Gov. Phil Murphy in June to succeed Justice Walter Timpone. He was nominated to the court by former Republican Gov. Chris Christie in 2016 and will reach the mandatory retirement age of 70 later this year.

“Ms. Pierre-Louis is a New Jersey success story who will bring more diversity to the highest court of the most diverse state in the country,” said Senate President Steve Sweeney, also a Democrat. She is Murphy’s first pick for the high court.

The daughter of Haitian immigrants, Pierre-Louis was the first person to go to law school in her family. At the event in Trenton in June with Murphy, she seemed to get choked up talking about the role they played in her life.

“Many years ago, my parents came to the United States from Haiti with not much more than the clothes on their backs and the American dream in their hearts. I think they have achieved that dream beyond measure because my life is certainly not representative of the traditional trajectory of someone who would one day be nominated to the Supreme Court of New Jersey,” she said.

Pierre-Louis is a partner at Montgomery McCracken in Cherry Hill, where she is in the white collar and government investigations practice.

Before that, she served for nearly a decade as an assistant United States Attorney in New Jersey.

As part of that role, she served as the attorney-in-charge of the Camden branch office — the first woman of color to hold that a position, according to her biography on Montgomery McCracken’s website.

Murphy, a Democrat, said that Pierre-Louis would carry on the legacy of John Wallace, who was the last Black justice on the state’s highest court and who she clerked for.

Murphy lamented that Wallace was not renominated when his first term expired in 2010 — the first time that had happened under the state’s current constitution.


Colombia warlord asks US court to force deportation to Italy
Lawyer News Source | 2020/08/19 13:48
A lawyer for a former Colombian paramilitary leader is asking a U.S. federal court to force Attorney General William Barr to immediately deport the former warlord to Italy after he completed a long drug sentence.

The emergency petition was filed Monday in Washington, DC federal court on behalf of Salvatore Mancuso, the former top commander of the United Defense Forces of Colombia, known as the AUC. It comes as Colombia is mounting a last-minute campaign to block Mancuso’s removal to Italy after it bungled an extradition request  that had to be withdrawn last month.

Mancuso’s lawyer argues that Barr, Chad Wolf, the acting head of the Department of Homeland Security, and four other senior officials at U.S. Immigration and Customs Enforcement have unlawfully kept Mancuso in federal custody beyond the maximum 90 days allowed for the removal of aliens. Included in the petition is a copy of a final administrative removal order dated April 15 that compels DHS and ICE to remove Mancuso to Italy, where he also has citizenship.

Immigration attorney Hector Mora attributes the delay to strong pressure from Colombia’s conservative government, which he claims is working closely with the U.S. State Department to bring Mancuso back to Colombia. If returned home, he argues his client is likely to be jailed, or even killed, despite having fulfilled his obligations under a 2003 peace deal he negotiated, which caps prison terms at eight years for militia leaders who confess their crimes.

“He and his family are terrified with his possible return to Colombia,” Mora wrote to ICE officials on March 27 — the same day Mancuso completed a 12-year sentence in the U.S. for cocaine trafficking.

Mancuso, 55, was the most remorseful of the former right-wing militia leaders after demobilizing and his eagerness to discuss the paramilitaries’ war crimes has already shaken Colombia’s politics.


UN-backed court to issue verdicts in Lebanon’s Hariri case
Lawyer News Source | 2020/08/17 13:48
More than 15 years after the truck bomb assassination of former Lebanese Prime Minister Rafik Hariri in Beirut, a U.N.-backed tribunal in the Netherlands is announcing verdicts this week in the trial of four members of the militant group Hezbollah allegedly involved in the killing, which deeply divided the tiny country.

The verdicts on Tuesday at the Special Tribunal for Lebanon, based in a village on the outskirts of the Dutch city of The Hague, are expected to further add to soaring tensions in Lebanon, two weeks after a catastrophic explosion at Beirut’s port that killed nearly 180 people, injured more than 6,000 and destroyed thousands of homes in the Lebanese capital.

Unlike the blast that killed Hariri and 21 others on Feb. 14, 2005, the Aug. 4 explosion was believed to be a result of nearly 3,000 tons of ammonium nitrate that accidentally ignited at Beirut’s port. While the cause of the fire that provided the trigger is still not clear, Hezbollah, which maintains huge influence over Lebanese politics, is being sucked into the public fury directed at the country’s ruling politicians.

Even before the devastating Beirut port blast, the country’s leaders were concerned about violence after the verdicts. Hariri was Lebanon’s most prominent Sunni politician at the time, while the Iran-backed Hezbollah is a Shiite Muslim group.

Tensions between Sunni and Shiites in the Middle East have fueled deadly conflicts in Syria, Iraq and Yemen and to a smaller scale in Lebanon. Some Lebanese see the tribunal as an impartial way of uncovering the truth about Hariri’s slaying, while Hezbollah ? which denies involvement ? calls it an Israeli plot to tarnish the group.


Court upholds health order fines for New Mexico businesses
Lawyer News Source | 2020/08/06 09:27
The New Mexico Supreme Court on Tuesday unanimously upheld the governor’s authority to fine businesses up to $5,000 a day for violating state emergency health orders aimed at slowing the spread of COVID-19.

The court heard arguments from a group of business owners who claimed the administration of Gov. Michelle Lujan Grisham overstepped its authority in imposing fines higher than $100 citations.

The five-member court ruled without dissent against the business owners who sued. Chief Justice Michael Vigil said the “Legislature has clearly given the governor that authority.”

The court did not make a decision on another claim that the restrictions in response to the pandemic may require government compensation for businesses.

Carter Harrison, an attorney for several business owners, contended that the health order violations could be sanctioned with fines of up to $100 and up to six months in jail.

But Matthew Garcia, a lawyer for the administration, said Lujan Grisham has the authority to impose steep fines.

“What we’re trying to get here is immediate compliance because the only tool we currently have to stem the transmission of COVID-19 is social distancing,” Garcia told the justices.

State officials have issued the $5,000 daily fines to 16 businesses amid a backlash against the public health orders affecting restaurants and other establishments.

State Republican Party Chairman Steve Pearce condemned the court’s decision and promised to make it an issue in November elections as two appointed Democratic justices defend their seats.

Justice Shannon Bacon is confronting Republican Ned Fuller, a deputy district attorney in San Juan County, while Justice David Thomson is running against Republican former prosecutor Kerry Morris of Albuquerque.

Lujan Grisham was an early adopter of hard-line stay-at-home orders and business restrictions that still prohibit indoor restaurant service, require face masks in public, ban public gatherings of more than four people and suspend classroom attendance at public schools.

Major steps toward reopening the economy have been delayed until at least the end of August amid a July surge in cases in New Mexico and the neighboring states of Arizona and Texas.


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