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Appeals court hears challenge to gay therapy ban
Court Watch |
2013/04/18 00:56
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California's novel law seeking to ban licensed counselors from trying to turn gay teens straight is boiling down to a question over whether the therapy is free speech or a medical treatment that can be regulated by government. It's the "pivot point" of the legal debate, Judge Morgan Christen of the 9th U.S. Circuit Court of Appeals said Wednesday. Morgan and two other judges on the nation's largest federal appellate court considered 90 minutes of legal arguments over the ban on "sexual-orientation change" counseling of minors, which other states are considering. The three-judge panel is considering two challenges to the law approved in California last fall. It took no action Wednesday and will issue a written ruling later. The law was to go into effect Jan. 1, but the court put it on hold pending its decision. Chief Judge Alex Kozinski noted the U.S. Supreme Court struck down a California ban of violent video games because the state failed to show a compelling reason to infringe on game-makers free speech rights to manufacture the products. He said it appeared the same argument could be applied to the evidence lawmakers relied on in passing the prohibition on sexual-orientation change therapy. |
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Court shoots down Yakama tobacco company lawsuit
Breaking Legal News |
2013/04/12 15:08
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A federal judge has ruled that a tobacco manufacturer owned by a Yakama Nation tribal member must pay into an escrow account established under a 1998 settlement with big tobacco companies.
The 1998 settlement required big tobacco companies to pay money to 46 states each year to offset public health costs from their products. Smaller companies are required to pay into an escrow account, but that money could be returned eventually if no health claims are made.
King Mountain Tobacco claims it should be exempt from paying into the escrow accounts under the Yakama Nation's 1855 treaty with the federal government. King Mountain is owned by Yakama tribal member Delbert Wheeler.
U.S District Judge Lonny Suko ruled against the company on Friday. |
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High court poised to upend civil rights policies
Law Promo News |
2013/04/02 10:00
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Has the nation lived down its history of racism and should the law become colorblind?
Addressing two pivotal legal issues, one on affirmative action and a second on voting rights, a divided Supreme Court is poised to answer those questions.
In one case, the issue is whether race preferences in university admissions undermine equal opportunity more than they promote the benefits of racial diversity. Just this past week, justices signaled their interest in scrutinizing affirmative action very intensely, expanding their review as well to a Michigan law passed by voters that bars "preferential treatment" to students based on race. Separately in a second case, the court must decide whether race relations - in the South, particularly - have improved to the point that federal laws protecting minority voting rights are no longer warranted.
The questions are apt as the United States closes in on a demographic tipping point, when nonwhites will become a majority of the nation's population for the first time. That dramatic shift is expected to be reached within the next generation, and how the Supreme Court rules could go a long way in determining what civil rights and equality mean in an America long divided by race.
The court's five conservative justices seem ready to declare a new post-racial moment, pointing to increased levels of voter registration and turnout among blacks to show that the South has changed. Lower federal courts just in the past year had seen things differently, blunting voter ID laws and other election restrictions passed by GOP-controlled legislatures in South Carolina, Texas and Florida, which they saw as discriminatory. |
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US appeals court grants Hobby Lobby full hearing
Class Action |
2013/03/30 23:04
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A federal appeals court has granted Hobby Lobby's request for the entire court to hear its challenge of a federal requirement that it provide insurance coverage for the morning-after pill and similar emergency contraceptives.
The 10th U.S. Circuit Court of Appeals announced its decision Friday. Appeals are usually decided by a three-judge panel, but a total of nine judges will hear the appeal from the Oklahoma City-based arts and crafts chain.
Hobby Lobby is challenging a requirement in the new federal health care law that says the company must provide and pay for emergency contraceptives. The company says the requirement violates the beliefs of its Christian owners.
The Denver-based court also said it would hear Hobby Lobby's appeal on an expedited basis, with oral arguments expected this spring. |
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Court: EPA can stop some power plant modifications
Breaking Legal News |
2013/03/29 23:04
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A federal appeals court says government regulators can try to halt construction projects at power plants if they think the companies didn't properly calculate whether the changes would increase air pollution.
The U.S. Environmental Protection Agency sued DTE Energy in 2010 because the company replaced key boiler parts at its Monroe Unit 2 without installing pollution controls that are required whenever a utility performs a major overhaul. DTE said the project was only routine maintenance.
U.S. District Judge Bernard Friedman threw out the suit, saying EPA went to court too soon.
But the Sixth U.S. Circuit Court of Appeals overturned his decision Thursday. In a 2-1 ruling, the court says the law doesn't block EPA from challenging suspected violations of its regulations until long after power plants are modified. |
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High court overturns Seattle drug arrest
Criminal Law |
2013/03/25 14:54
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The state Supreme Court on Thursday overturned the conviction of a man who was arrested on drug charges because the officer who saw the alleged crime was not the arresting officer.
Under state law, unless a specific statutory exception applies, only an officer who is present during the offense may arrest a suspect for a misdemeanor or a gross misdemeanor. Exemptions include traffic infractions where an officer can ask another to arrest the driver.
Gregorio Ortega was arrested in March 2009 in Seattle after an officer on the second floor of a building observed Ortega and another man purportedly appear to make three drug transactions. The officer in the building maintained radio contact with officers in a car nearby, described Ortega's activities and instructed them to arrest him. The officers found crack cocaine and cash on him, the court wrote.
In a unanimous ruling, the court reversed a Court of Appeals ruling in 2011 that upheld his 2009 conviction of possession of cocaine with intent to deliver, because it said the circumstances of his arrest went against state law. |
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Bin Laden's son-in-law: Pleads not guilty in NY
State Class Actions |
2013/03/11 23:35
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Sulaiman Abu Ghaith, the charismatic al-Qaida spokesman, fundraiser and son-in-law to Osama bin Laden, is likely to have a vast trove of knowledge about the terror network's central command but not much useful information about current threats or plots, intelligence officials and other experts say.
Abu Ghaith pleaded not guilty Friday to conspiring to kill Americans in propaganda videos that warned of further assaults against the United States as devastating as the Sept. 11, 2001, attacks on the World Trade Center and the Pentagon that killed nearly 3,000 people.
Believed to be more of a strategic player in bin Laden's inner circle than an operational plotter, Abu Ghaith would be the highest-ranking al-Qaida figure to stand trial on U.S. soil since 9/11. Intelligence officials say he may be able to shed new light on al-Qaida's inner workings — concerning al-Qaida's murky dealings in Iran over the past decade, for example — but probably will have few details about specific or imminent ongoing threats.
He gave U.S. officials a 22-page statement after his Feb. 28 arrest in Jordan, according to prosecutors. They would not describe the statement.
Bearded and balding, Abu Ghaith said little during the 15-minute hearing in U.S. District Court in New York — in lower Manhattan just blocks from Ground Zero — and displayed none of the finger-wagging or strident orations that marked his propaganda in the days and months after 9/11.
Through an interpreter, Judge Lewis A. Kaplan asked whether he understood his rights. Abu Ghaith nodded and said, "Yes." Asked whether he had money to hire an attorney, he shook his head and said no. He nodded and said yes when asked whether he had signed an affidavit describing his financial situation. |
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Class action or a representative action is a form of lawsuit in which a large group of people collectively bring a claim to court and/or in which a class of defendants is being sued. This form of collective lawsuit originated in the United States and is still predominantly a U.S. phenomenon, at least the U.S. variant of it. In the United States federal courts, class actions are governed by Federal Rules of Civil Procedure Rule. Since 1938, many states have adopted rules similar to the FRCP. However, some states like California have civil procedure systems which deviate significantly from the federal rules; the California Codes provide for four separate types of class actions. As a result, there are two separate treatises devoted solely to the complex topic of California class actions. Some states, such as Virginia, do not provide for any class actions, while others, such as New York, limit the types of claims that may be brought as class actions. They can construct your law firm a brand new website, lawyer website templates and help you redesign your existing law firm site to secure your place in the internet. |
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