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Israel court says lawmaker Hazan did drugs as casino manager
Business | 2016/11/01 15:52
An Israeli court has ruled that a lawmaker from the ruling Likud party had used hard drugs when he ran a casino in Bulgaria, before entering politics.

Tuesday's ruling marks another blow to the already dubious reputation of Oren Hazan, who was elected last year and within months faced accusations of physically assaulting a public official, sexually harassing women and soliciting prostitutes.

Hazan sued Amit Segal, reporter for Israel's Channel 2 TV, for defamation over an investigative piece that included testimony on Hazan having allegedly consumed crystal meth while managing the Bulgarian casino.

In the ruling, the court found the reporter had acted in good faith and reported his story honestly. Nevertheless, it awarded Hazan $10,000 in damages for another, unsubstantiated Channel 2 report that Hazan had also sold drugs.



Appeals court considers Arizona cross-border shooting case
Business | 2016/10/21 21:39
A government attorney argued Friday that the mother of a 16-year-old Mexican boy killed by a U.S. Border Patrol agent in a cross border shooting should not be allowed to sue the agent because the boy lacked significant ties to the United States.

But a lawyer for the mother countered that the boy's grandmother cared for him while she was a legal permanent U.S. resident.

The arguments before a panel of the 9th U.S. Circuit Court of Appeals in San Francisco stem from the October 2012 shooting of Jose Antonio Elena Rodriguez by Border Patrol agent Lonnie Swartz, who opened fire from Arizona and hit Elena Rodriguez in Mexico.


Court fight over Ohio executions likely to focus on sedative
Business | 2016/10/13 22:32
Ohio says it's resuming executions in January with a three-drug protocol similar to one it used for several years.

The concept is one adopted for decades by many states: the first drug sedates inmates, the second paralyzes them, and the third stops their hearts.

The key difference comes with the first drug the state plans to use, midazolam, which has been challenged in court as unreliable.

The state argues that a planned dose of 500 milligrams will ensure that inmates are properly sedated.

Defense attorneys say it's unclear what a much bigger dose would achieve.

Last year, the U.S. Supreme Court ruled 5-4 that midazolam can be used in executions without violating the Eighth Amendment prohibition on cruel and unusual punishment.



Hawaii Supreme Court affirms Maui solar telescope permit
Business | 2016/10/07 22:33
Hawaii's Supreme Court on Thursday affirmed a permit to build a solar telescope on a Maui mountain.

The ruling denies a challenge by a group seeking to protect the sacredness of the summit of Haleakala (hah-leh-AH'-ka-lah). The University of Hawaii followed proper procedure for an environmental assessment, the Supreme Court also ruled in a separate ruling.

Last year, eight people were arrested when protesters tried to stop a construction convoy heading to the solar telescope site. Kahele Dukelow, one of the protest leaders, said opponents are disappointed and considering what their next steps will be.

"We only have one alternative now," she said. "We have to continue to protest in other ways."

They hoped the decision would be similar to the court's ruling last year that invalidated a permit to build the Thirty Meter Telescope on the Big Island's Mauna Kea. That project has been the focus of more intense protests. Opposition to both telescopes cite concerns that the projects will desecrate sacred land.

The permit approval process was not "procedurally flawed by prejudgment" nor was it "flawed by impermissible ex parte communication," the court's 3-2 majority opinion said.

State Attorney General Doug Chin said his office will look into whether the rulings have any impact on future matters before the state land board, including the Thirty Meter Telescope.

"We are disappointed with the court's decision," said a statement from the Native Hawaiian Legal Corp., which represents the group that challenged the solar telescope project, Kilakila O Haleakala. "This decision impacts all who are concerned about the protection of Hawaii's natural and cultural resources."

Officials with the Daniel K. Inouye Solar Telescope didn't immediately comment.

"We are still reviewing the full decisions, but we look forward to 'first light' when the Daniel K. Inouye Solar Telescope will open a new era of discovery in Hawaii, about the sun and its daily impacts on all life on Earth," university President David Lassner said in a statement.

External construction of the Maui telescope is complete, with only internal work remaining, according to the university. The $340-million project is scheduled to be operational in 2019. Construction of the $1.4 billion Thirty Meter Telescope remains stalled pending a new contested case hearing scheduled to begin later this month.


Oklahoma Supreme Court invalidates law restricting abortion
Business | 2016/10/04 12:20
The Oklahoma Supreme Court has thrown out another state law that would put new restrictions on abortion providers.

In a unanimous opinion handed down Tuesday, all nine justices agreed that the statute adopted by the Legislature last year "contains different and unrelated purposes" in violation of the Oklahoma constitution's requirement that legislation cover a single subject.

The law encompasses four abortion-related topics: minors and parental consent; tissue preservation; inspection of clinics; and legal liability for abortion providers.

The New York-based Center for Reproductive Rights challenged the law and the state's highest court subsequently blocked it from going into effect. The center sued on behalf of Dr. Larry Burns of Norman, who performs nearly half of Oklahoma's abortions.


US Supreme Court won't hear Arizona death sentence case
Business | 2016/10/02 12:20
The U.S. Supreme Court's refusal to hear Arizona's appeal of a lower court ruling that overturned a convicted murderer's death sentence has opened the door for about 25 death row inmates to challenge their sentences.

The justices on Monday let stand the ruling that said Arizona unconstitutionally excluded evidence about James McKinney's troubled childhood and post-traumatic stress disorder that might have led to a lesser punishment.

The 9th U.S. Circuit Court of Appeals ruled last December that Arizona's causal nexus rule violated the Constitution. The rule required any mitigating evidence, such as mental illness or post-traumatic stress disorder, to be directly tied to the crime committed to be relevant in sentencing.


California Supreme Court to consider suit over Yelp review
Business | 2016/09/23 22:20
The California Supreme Court agreed Wednesday to consider a lawsuit that Yelp.com warns could lead to the removal of negative reviews on the popular website.

The seven-member court voted unanimously Wednesday to take up an appeal by Yelp of a lower court ruling upholding an order requiring Yelp to remove posts against a San Francisco law firm.

Yelp wants the Supreme Court to overturn the ruling, saying that if it's allowed to stand, it will open the door for businesses to force the company to remove critical reviews.

Dawn Hassell, the law firm's managing attorney, says the business review website is exaggerating the stakes of her legal effort. She says it aims only to remove from Yelp lies by a former client that a judge determined were defamatory, not just negative.

Hassell referred comment Wednesday to her attorney, Monique Olivier, who said in a statement she was not surprised the Supreme Court has taken up the case given the "amount of attention" it has received.

"This case is not one of a 'bad review' " she said. "It is a case where a court adjudicated statements to be defamatory after receiving and reviewing evidence about the falsity of those statements."

Aaron Schur, Yelp's senior director of litigation, said the company looked forward to explaining to the court "how the lower court's decision is ripe for abuse, contradicts longstanding legal principles, and restricts the ability of websites to provide a balanced spectrum of views online."



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