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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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Justices voice skepticism of voting rights law
Current Cases |
2013/03/04 11:28
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The Supreme Court's conservative justices voiced deep skepticism Wednesday about a section of a landmark civil rights law that has helped millions of Americans exercise their right to vote.
In an ominous note for supporters of the key provision of the Voting Rights Act, Justice Anthony Kennedy both acknowledged the measure's vital role in fighting discrimination and suggested that other important laws in U.S. history had run their course. "Times change," Kennedy said during the fast-paced, 70-minute argument.
Kennedy's views are likely to prevail on the closely divided court, and he tends to side with his more conservative colleagues on matters of race.
The court's liberals and conservatives engaged in a sometimes tense back-and-forth over whether there is an ongoing need in 2013 for the part of the voting rights law that requires states with a history of discrimination, mainly in the Deep South, to get approval before making changes in the way elections are held. |
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Spanish king's son-in-law makes court appearance
Court Watch |
2013/02/27 00:20
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Protesters jeered the Spanish king's son-in-law before he was questioned Saturday by a judge about allegations he and a partner funneled away millions of euros through fraudulent deals.
The investigation has deeply embarrassed the monarchy in a country hard hit by a financial crisis and sky-high unemployment. The scandal ranks among the worst public relations mishaps the royal household has experienced in the 37-year reign of King Juan Carlos.
Inaki Urdangarin, who has not been charged with a crime, made his way into a courthouse in Palma de Mallorca amid tense street scenes where a contingent of around 170 police kept several hundred protesters away from the building. Urdangarin, married to the 75-year-old king's second daughter, Princess Cristina, has denied any wrongdoing.
Urdangarin, facing his second appearance in court, did not stop to say anything, but wished about 100 journalists accredited to cover the event a curt "good morning" as he walked in, accompanied by his lawyer Mario Pascual Vives.
The Duke of Palma, the title held by Urdangarin, had been called to answer questions behind closed doors at a courthouse on this Mediterranean island about whether he used his high-profile status to secure lucrative deals for a nonprofit foundation he ran and then fraudulently diverted money for personal gain. |
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Appellate court to consider Calif. paparazzi law
Legal Spotlight |
2013/02/08 08:54
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A judge has declined to reconsider his ruling dismissing charges filed under California's ant-paparazzi law which will trigger a full appeal before a panel of judges who have indicated they believe the law is constitutional.
Superior Court Judge Thomas Rubinson issued a notice on Monday declining to reconsider his decision to dismiss two charges against photographer Paul Raef, court records show. The judge ruled last year that the 2010 law was overly broad and violated the First Amendment, but Los Angeles prosecutors appealed the decision.
A three-judge appeals panel asked Rubinson to reconsider his ruling and indicated in a filing Jan. 28 that it believes the law is constitutional. The filing was issued based on a brief filed by prosecutors.
Raef was charged after authorities accused him of being involved in a high speed chase of Justin Bieber last year. He is the first person charged under the 2010 law that increased penalties for reckless driving by people trying to get photos for commercial gain.
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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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