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Court sides with paper mill in Fox River cleanup
Breaking Legal News | 2010/06/09 08:48
A lawyer for Appleton Papers, Inc. says a court has ruled that two insurance companies will have to contribute $10 million toward the cleanup of the Fox River. Madison attorney Ron Ragatz says Tuesday's ruling by the Wisconsin Court of Appeals means Munich Re AG and Westport Insurance Corp. are each now liable for $5 million.

He says other insurers that Appleton had policies with between 1978 and 1986 have reached confidential settlements for their portion of the cleanup, which is expected to cost $600 million or more.

Appleton's corporate predecessor dumped chemical pollutants known as PCBs into the river for years as a byproduct of carbonless paper production.



400 Marijuana Dispensaries To Close In Los Angeles
Breaking Legal News | 2010/06/07 07:16

Los Angeles is home to hundreds of medical marijuana dispensaries, but concern over their proliferation has provoked a backlash. Police are cracking down on most of them starting Monday.

A new city ordinance limits the number and locations of medical marijuana dispensaries allowed to operate in Los Angeles. Those that registered with the city before a 2007 moratorium may be able to remain in business. But they can't be near schools, libraries, parks and other sensitive areas. Police officers will begin closing down 400 unregistered dispensaries now operating illegally.

"The sky isn't going to fall down," says Asha Greenberg, assistant city attorney. "LAPD isn't going to go around kicking down doors, etc. Initially we're going to be doing information gathering."

Greenberg says L.A.'s new ordinance makes it a misdemeanor to run a dispensary without city approval.

"Anyone who is operating a medical marijuana establishment, who is violating the city's ordinance is subject to arrest," Greenberg says.

Dispensary owners and patients have filed more than 20 lawsuits against the city, arguing that the ordinance is unconstitutional because it prohibits access to their medicine. So far, their attempts at temporary restraining orders have been turned down in court.



Lesbian couple weds in Portugal's 1st gay marriage
Breaking Legal News | 2010/06/07 05:14

A lesbian couple wed Monday in Portugal's first same-sex ceremony since the predominantly Catholic country introduced a law allowing gay marriage last month.

Teresa Pires and Helena Paixao, divorced Portuguese mothers in their 30s who have been together since 2003, married in a 15-minute ceremony at a Lisbon registry office.

"This is a great victory, a dream come true," Pires said as the couple kissed and hugged.

"Now we're a family, that's the important thing," Pires said, adding they would continue to fight for equal rights for homosexuals, including adoption.

The ceremony came less than a month after Portugal's conservative president ratified a gay marriage law passed by Parliament in January. His approval made Portugal the sixth in Europe to let same-sex couples wed.

The center-left Socialist government said the law is part of its effort to modernize Portugal, where homosexuality was a crime until 1982. Three years ago the same government lifted Portugal's ban on abortion, despite church opposition.



Final NY hate crime suspect pleads guilty
Breaking Legal News | 2010/06/04 07:53

The last of seven New York teenagers implicated in the hate crime killing of an Ecuadorean immigrant pleaded guilty on Wednesday.

Anthony Hartford's plea to gang assault and other charges closes the prosecution phase of a case that attracted international headlines and prompted an ongoing U.S. Justice Department probe of police responses to bias crimes. The judge indicated Hartford would likely face 10 years in prison when he is sentenced on July 20.

The 18-year-old admitted being with a group that targeted Hispanics for violence in November 2008. Their attacks culminated in the killing of immigrant Marcelo Lucero in Patchogue.

"He's never denied being involved," said defense attorney Laurence Silverman. "He's never denied that it was wrong to be involved."

A week ago, 19-year-old Jeffrey Conroy was sentenced to 25 years in prison for his conviction on manslaughter as a hate crime. Five others are awaiting sentencing.



NY school sued after teen suspended over rosary
Breaking Legal News | 2010/06/03 05:51

A federal judge says a New York school must reinstate a 13-year-old boy who was suspended for wearing rosary beads.

Judge Lawrence Kahn ordered the Schenectady (skeh-NEHK'-ta-dee) seventh-grader reinstated pending a June 11 hearing into whether the suspension violated the boy's civil rights.

Oneida (oh-NY'-duh) Middle School officials contend Raymond Hosier violated a policy banning gang-related clothing because the prayer beads sometimes are worn as gang symbols. They suspended him two weeks ago.

But the boy says he wears the purple rosary in memory of his younger brother, who died while clutching it after a bicycle accident.

The American Center for Law and Justice filed a lawsuit Tuesday in U.S. District Court contending the suspension violated Hosier's rights to free speech and religious expression.



48 states: Funeral protests shouldn't be protected
Breaking Legal News | 2010/06/02 04:38

Forty-eight states and the District of Columbia have submitted a brief to the Supreme Court in support of a father who sued anti-gay protesters over their demonstration at the 2006 funeral of his son, a Marine killed in Iraq.

Only Virginia and Maine declined to sign the brief by the Kansas attorney general.

Albert Snyder sued over protests by the Kansas-based Westboro Baptist Church at his son's funeral in Maryland. The church pickets funerals because they believe war deaths are punishment for U.S. tolerance of homosexuality.

The Supreme Court has agreed to consider whether the protesters' message is protected by the First Amendment.

In the brief filed Tuesday, the states argued they have a compelling interest in protecting the sanctity of funerals.



Judge: Conn. town can't hold graduations in church
Breaking Legal News | 2010/06/01 09:08

A federal judge has ruled two Connecticut public high schools can't hold their graduations inside a church because that would be an unconstitutional endorsement of religion.

U.S. District Court Judge Janet Hall made the ruling Monday in the case of Enfield High School and Enrico Fermi High School, both in Enfield.

The Enfield school board says it voted to hold services June 23 and 24 at The First Cathedral in Bloomfield because it had enough space at the right price. But two students and three of their parents sued.

The judge says Enfield had unconstitutionally entangled itself with religion by agreeing to cover much of the church's religious imagery. She also says the town coerced the plaintiffs to support religion by forcing them to enter the church for graduation.



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