The House of Representatives reconvened in Washington last Tuesday. The Senate reconvenes today. President Barack Obama will address a joint session of Congress on Tuesday when he gives the annual State of the Union. Last week, the White House’s Office of Management and Budget announced the President would release his Fiscal Year (FY) 2017 Budget Request on 9 February.IranU.S. lawmakers continue to advocate for new sanctions to be imposed on Iran for violations of U.N. Security Council Resolutions when it tested a ballistic missile in October 2015. The Obama Administration, however, is making every effort to secure implementation of the Joint Comprehensive Plan of Action (JCPOA), and President Obama is expected to veto any sanctions legislation that may threaten the agreement. The Administration is expected to ease sanctions under the terms of the JCPOA in the first quarter of 2016, after the International Atomic Energy Agency (IAEA) … [Read more...] about Congress Focuses on Nonproliferation (Iran, North Korea); President Obama Focuses on State of Union Address
12 states of matter
This week, we have posted about two commodity enforcement trends. Yesterday, Judge Harry D. Leinenweber of the United States District Court for the Northern District of Illinois issued his opinion on the defendant’s motion to dismiss in the matter of the United States of America v. Michael Coscia, Case No. 14 CR 551. The decision is not remarkable, insofar as it is a motion to dismiss that takes the allegations of the criminal indictment as true, but it is instructive. Following are a few of the pertinent highlights.The Commodity Exchange Act’s Anti-Spoofing Provision is not void for vagueness. Coscia had argued that 7 U.S.C. §§ 6(c)(a)(5)(C) and 13(a)(2) were void, under the Due Process Clause of the United States Constitution, because they failed to provide a person of ordinary intelligence with fair notice of what constitutes “spoofing.” Judge Leinenweber disagreed with the defendant, holding that, among other things, the Commodity Futures … [Read more...] about What You Need To Know About United States of America v. Michael Coscia re: Commodity Enforcement Trends
In Indiana State District Council of Laborers & Hod Carriers Pension & Welfare Fund v. Omnicare, Inc., 2013 WL 2248970 (6th Cir. May 23, 2013), the United States Court of Appeals for the Sixth Circuit held that a claim alleging a false statement of opinion or belief in a registration statement may proceed under Section 11 of the Securities Act of 1933, 15 U.S.C. § 77k, despite the absence of allegations suggesting that the defendants did not actually hold the opinion or believe the statement. In reaching this decision, the Sixth Circuit declined to follow decisions by the Second Circuit (see Fait v. Regions Financial Corp., 655 F.3d 105 (2d Cir. 2011) [blog article here]) and Ninth Circuit (see Rubke v. Capital Bancorp Ltd., 551 F.3d 1156 (9th Cir. 2009) [blog article here]) holding that a Section 11 complaint which fails to allege that the defendant did not actually believe the false statement or hold the opinion at issue would … [Read more...] about Sixth Circuit Splits with Second and Ninth Circuits Regarding Need to Allege Defendants’ State of Mind for Claims Challenging Soft Information Under Section 11 of the Securities Act of 1933
In the decision referred to above, a two judge Bench of the Supreme Court held as follows:-Para 33:- “For the time being, we are concerned with four categories of witnesses – a third party disinterested and unrelated witness (such as a by-stander or passerby); a third party interested witness (such as a trap witness); a related and therefore an interested witness (such as the wife of the victim) having an interest in seeing that the accused is punished; a related and therefore an interested witness (such as the wife or brother of the victim) having an interest in seeing the accused punished and also having some enmity with the accused”. (Emphasis supplied)Nevertheless, the Bench observed further as follows:-“But more than the categorization of a witness, the issue really is one of appreciation of the evidence of a witness. A court should examine the evidence of a related and interested witness having an interest in seeing the accused punished and also … [Read more...] about Who is an Interested Witness? IS Raju alias Balachandran and others vs. State of Tamil Nadu (AIR 2013 SC 983) Correctly decided ?
“Kollam, Kerala; February 10, 2014: Ajay Henry, 22, who died following a car accident at Madannada Junction on the wee hours of 8th January 2014, was rushed to the Kollam District Hospital for treatment and to save his life. It was very unfortunate that there was total medical negligence resulting in the loss of life of a youth of 22 years, who could be of great value and service to the society. Although Ajay was rushed to the Kollam District Hospital just minutes after the car accident, there were no doctors present at the hospital’s casualty wing. What’s more alarming is that the deceased was made to sit in a wheelchair for more than an hour. There are living witnesses to this fact and they are non other than Ajay’s four friends who rushed him to the hospital and stood with him in the hospital till his last breath. He was later transferred to Medical College Trivandrum upon Doctor’s arrival; however his friends insisted that he was … [Read more...] about ‘Justice for Ajay Henry’, and many others – state of emergency medical care in India