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Hawaii lawmaker asks court to delay makeup primary
Current Cases | 2014/08/18 13:43
Rep. Colleen Hanabusa of Hawaii asked a court on the Big Island on Wednesday to delay a makeup election for more than 8,000 voters, saying they should have more time to recover from a tropical storm before casting ballots in a primary that includes her running for U.S. Senate.

Hanabusa filed a request for a temporary restraining order in a state circuit court, while elections officials moved forward with plans to open polls for 11 hours Friday. A judge set a Thursday morning hearing on the complaint, less than 24 hours before polls are scheduled to open.

The complaint asks a judge to stop Chief Election Officer Scott Nago from holding the postponed election for two precincts until voters have enough time to recover and be properly notified of the election.

"Voters in the affected areas are still without power and water, and many roads are inaccessible or blocked with debris," lawyers for Hanabusa said in their complaint, filed in Hilo.

It would be impossible to ensure adequate notice without power restored and roads cleared, depriving voters of their right to vote, the complaint said.


Brazil's Supreme Court elects new president
Breaking Legal News | 2014/08/18 13:42

Brazil's Supreme Court has elected a new president to replace the body's first black justice, who announced his early retirement in June.

Nine of the court's 10 judges elected Ricardo Lewandowski as the new chief justice Wednesday to succeed Joaquim Barbosa. The choice was not a surprise because the Supreme Court's presidency always goes to the justice who has sat on the bench the longest.

Barbosa is the only black to ever serve on Brazil's top court. He presided over a high-profile corruption trial in 2012 that sent more than 20 people to jail in a congressional payoff scheme. The case made him a household name and he was frequently mentioned as a potential presidential candidate, but he has said he has no desire to run for elective office.


Argentina asks world court to consider debt case
Attorneys in the News | 2014/08/11 10:47
Argentina is seeking to sue the United States at the world court over U.S. court rulings that last week forced the Latin American country into a default.

The International Court of Justice, commonly known as the world court, said in a statement Thursday it has received a request from Argentina to take on the case. There is a major hurdle though: the U.S. must agree to grant the international court jurisdiction if the suit is to proceed.

In a statement, the Hague, Netherlands-based court said Argentina's filing asserted that U.S. court rulings amount to "violations of Argentine sovereignty."

The dispute stems from a U.S. court's order for Argentina to pay in full a group of bondholders led by a New York hedge fund who refused to accept lower payments for restructured bonds following the country's default in 2001.

The U.S. court, in a decision upheld by the Supreme Court, ordered Argentina to pay the holdout investors about $1.5 billion. It blocked the country from making $539 million in interest payments to bondholders who did accept the restructuring, leading the country into a new default on July 30.


Court rules against group over ad slamming Horne
Current Cases | 2014/08/11 10:46
An Arizona appeals court has ruled against a political group that spent about $1.5 million during the state's 2010 attorney general race on a TV commercial that was critical of Republican candidate Tom Horne.

A three-judge panel of the Arizona Court of Appeals on Thursday reversed a lower-court judge who concluded the commercial by Committee for Justice and Fairness was issue-oriented, rather than advocating for Horne's defeat.

The group claimed its ad confronted issues of child safety, but the appeals court rejected that argument, saying the only purpose for running the TV spot just weeks before Horne's general-election showdown with Democrat Felecia Rotellini was to advocate for Horne's defeat.

"In this case, reasonable minds could not differ as to whether CJR's advertisement encouraged a vote against Horne," the appeals court wrote.The appeals court said the group, which is funded primarily by the Democratic Attorneys General Association, should have registered as a political committee and filed campaign finance reports.Horne's 2014 campaign had no immediate comment on the ruling.

Thomas Irvine, an attorney for the committee, said it's unknown whether the group will appeal the decision.


Appellate court overturns high-speed rail rulings
Breaking Legal News | 2014/08/05 15:04

A state appellate court on Thursday overturned two lower court rulings that had stalled funding for California's $68 billion bullet train, handing a big win to Gov. Jerry Brown's signature project and allowing the state to resume selling bonds to pay for it.

The court overturned rulings by Sacramento County Superior Court Judge Michael Kenny last year in which he said the high-speed rail project no longer complies with the promises made to voters in 2008 when they approved selling nearly $10 billion in bonds. In siding with Kings County and Central Valley landowners, Kenny invalidated the sale of $8.6 billion in state bonds and ordered the California High-Speed Rail Authority to write a new funding plan.

Attorneys for the plaintiffs had argued that the state failed to identify all the funding for the first full segment of the rail line in the Central Valley, a cost of about $26 billion, and instead had found just $6 billion to pay for construction. They also argued the state did not have all the necessary environmental clearances as voters were promised.


Court schedules night deer hunting arguments
Attorneys in the News | 2014/08/05 15:03
Wisconsin's Chippewa tribes will get a chance next month to tell a federal appeals court why members should be allowed to hunt deer at night.State officials have long banned night hunts out of safety concerns.

U.S. District Judge Barbara Crabb ruled in the early 1990s that the ban applies to Chippewa hunters.The tribes asked Crabb in 2012 to reconsider her decision but she refused.

The Chippewa have since asked the 7th Circuit Court of Appeals in Chicago to allow tribal night hunts, arguing night hunting has become more common and the state can't argue it's unsafe.

The court has set oral arguments for Sept. 16. The tribes and state attorneys will each get 20 minutes to speak. It's not clear when the court might rule.


Brown appoints legal affairs aide to appeals court
Court Watch | 2014/07/28 11:57
Gov. Jerry Brown has named a senior aide to become an associate justice on the Sacramento-based Third District Court of Appeal.

Brown announced the appointment of Jonathan Renner on Friday.

The 44-year-old Democrat from Sacramento has been Brown's legal affairs secretary since 2011.

He was senior assistant attorney general at the California Department of Justice from 2009 to 2010, when Brown was the state's attorney general. Renner previously held other high-ranking positions within the attorney general's office.

The appointment requires confirmation by the Commission on Judicial Appointments. It includes the current attorney general, Kamala Harris, and Chief Justice Tani Cantil-Sakauye ("TAWNY canTILL SOCK-a-OO-ay").

If confirmed, Renner will begin his term Jan. 5. He would fill the vacancy created when Cantil-Sakauye moved to the California Supreme Court.


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