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R.I. high court overturns lead paint verdict
Court Watch | 2008/07/02 03:53
Rhode Island's Supreme Court on Tuesday overturned a first-in-the-nation jury verdict that found three former lead paint companies responsible for creating a public nuisance, rejecting a closely watched case that had been seen as a bellwether for potential suits across the country.

The 4-0 decision ends the nearly decade-long court fight and spares the companies from potentially billions in cleanup costs for hundreds of thousands of contaminated homes.

Rhode Island was the first state to successfully sue former makers of lead pigment and paint, which can cause learning disabilities, brain damage and other health problems in children. A jury in 2006 found Sherwin-Williams Co., NL Industries, Inc. and Millennium Holdings LLC liable for creating a public nuisance by manufacturing a toxic product.

The state had proposed that the companies spend $2.4 billion inspecting and cleaning hundreds of thousands of Rhode Island homes believed to contain lead paint.

The ruling was immediately denounced by groups supporting punitive action against paint companies.



High court overturns lead paint verdict
Court Watch | 2008/07/01 07:52
The Rhode Island Supreme Court overturned a landmark verdict against three former lead paint producers Tuesday, a major setback for communities that want the companies to decontaminate hundreds of thousands of homes and other buildings.

The unanimous decision reversed the lone victory to date against the lead paint industry.

A jury found Sherwin-Williams Co., NL Industries Inc. and Millennium Holdings LLC liable in 2006 for creating a public nuisance by manufacturing and selling a toxic product.

The state had proposed that the companies spend an estimated $2.4 billion to inspect and clean hundreds of thousands of homes built before 1980 that it said were likely to contain lead paint.

The court, in its 4-0 decision, said the state's lawsuit should have been dismissed at the outset. It said that while lead paint was a public health problem in Rhode Island, it wasn't the companies' responsibility to clean it up because they had no control over how the paint was used.



Texas high court rules exorcism protected by law
Court Watch | 2008/06/28 08:46
The Texas Supreme Court on Friday threw out a jury award over injuries a 17-year-old girl suffered in an exorcism conducted by members of her old church, ruling that the case unconstitutionally entangled the court in religious matters.

In a 6-3 decision, the justices found that a lower court erred when it said the Pleasant Glade Assembly of God's First Amendment rights regarding freedom of religion did not prevent the church from being held liable for mental distress triggered by a "hyper-spiritualistic environment."

Laura Schubert testified in 2002 that she was cut and bruised and later experienced hallucinations after the church members' actions in 1996, when she was 17. Schubert said she was pinned to the floor for hours and received carpet burns during the exorcism, the Austin American-Statesman reported. She also said the incident led her to mutilate herself and attempt suicide. She eventually sought psychiatric help.

But the church's attorneys had told jurors that her psychological problems were caused by traumatic events she witnessed with her missionary parents in Africa. The church contended she "freaked out" about following her father's life as a missionary and was acting out to gain attention.

The 2002 trial of the case never touched on the religious aspects, and a Tarrant County jury found the Colleyville church and its members liable for abusing and falsely imprisoning the girl. The jury awarded her $300,000, though the 2nd Court of Appeals in Fort Worth later reduced the verdict to $188,000.

Justice David Medina wrote that finding the church liable "would have an unconstitutional 'chilling effect' by compelling the church to abandon core principles of its religious beliefs."

But Chief Justice Wallace Jefferson, in a dissenting opinion, stated that the "sweeping immunity" is inconsistent with U.S. Supreme Court precedent and extends far beyond the Constitution's protections for religious conduct.



NY appeals court upholds death penalty verdict
Court Watch | 2008/06/27 08:57
A federal appeals court in Manhattan has upheld the death sentence for Donald Fell, who killed a Vermont supermarket worker as she prayed for her life.

It's the first time since the 1960s that the 2nd U.S. Circuit Court of Appeals has ruled on whether to uphold the death penalty for an individual.

Fell is on death row in Terre Haute, Ind. He was the first man sentenced to death in Vermont in almost 50 years.

He was convicted of carjacking and kidnapping. Terry King was driven to upstate New York, then beaten and kicked to death, in November 2000.

Before that, Fell and an accomplice killed his mother and her companion in Rutland, Vt.



Supreme Court strikes down 'millionaire's amendment'
Court Watch | 2008/06/26 11:23
The Supreme Court on Thursday struck down the "millionaire's amendment" as an unfair way to help opponents of wealthy political candidates who spend from their personal fortunes.

The law allows candidates to receive larger campaign contributions when their wealthy opponents spend heavily out of their own pockets.

The court said by a 5-4 vote that the law violates the First Amendment.

The law was challenged by Jack Davis, a New York Democrat who has so far spent nearly $4 million of his own money in two losing campaigns for Congress and says he will spend another $3 million this year.

Davis says the provision in 6-year-old campaign finance reforms unfairly rewards his opponents by letting them exceed campaign fundraising limits simply because Davis dipped into personal funds.

Writing for the majority, Justice Samuel Alito said that under the amendment, the vigorous exercise of the right to use personal funds to finance campaign speech produces fundraising advantages for the opponents of wealthy candidates.

Alito said that if the millionaire's amendment raised the contribution limits for all candidates, Davis's challenge to the law "would plainly fail," raising the question of whether Congress could easily fix what the Supreme Court struck down.

The amendment has come into play in relatively few races. Its most prominent beneficiary so far has been Sen. Barack Obama. He was able to attract additional contributions for his Democratic senatorial primary campaign in Illinois because an opponent spent nearly $29 million of his own money.

A co-author of the 2002 campaign finance law, Sen. Russ Feingold, D-Wis., said the Supreme Court decision has no impact on the central component of the reforms, the ban on six-figure political donations to political parties. Feingold co-authored the reforms with Sen. John McCain, the Republican presidential nominee-in-waiting.

Sen. Charles Schumer, D-N.Y., said the court had issued a "confounding decision that takes the First Amendment to an illogical, distorted extreme."

Davis lost in 2004 and 2006 to Republican Rep. Tom Reynolds, who spent more than $5 million in winning re-election two years ago, 51 percent to 49 percent.

Reynolds chose not to solicit increased contributions after Davis triggered the millionaire's amendment by putting at least $350,000 of his own money into the race. Reynolds could have received $6,900 from individual donors, triple the limit otherwise. Reynolds is retiring at the end of this term.



High court rejects case on fast track for border fence
Court Watch | 2008/06/23 08:44
The Supreme Court on Monday turned down a plea by environmental groups to rein in the Bush administration's power to waive laws and regulations to speed construction of a fence along the U.S.-Mexican border.

Homeland Security Secretary Michael Chertoff has used authority given to him by Congress in 2005 to ignore environmental and other laws and regulations to move forward with hundreds of miles of fencing in Arizona, California, New Mexico and Texas.

The case rejected by the court involved a two-mile section of fence in the San Pedro Riparian National Conservation Area near Naco, Ariz. The section has since been built.

"I am extremely disappointed in the court's decision," Rep. Bennie Thompson, D-Miss., said. "This waiver will only prolong the department from addressing the real issue: their lack of a comprehensive border security plan."

Thompson chairs the House Homeland Security Committee. He and 13 other House democrats — including six other committee chairs — filed a brief in support of the environmentalists' appeal.

Earlier this year, Chertoff waived more than 30 laws and regulations in an effort to finish building 670 miles of fence along the southwest border. Administration officials have said that invoking the legal waivers — which Congress authorized in 1996 and 2005 laws — will cut through bureaucratic red tape and sidestep environmental laws that currently stand in the way of fence construction.



Supreme Court voids California union law
Court Watch | 2008/06/20 10:21
In a defeat for the union movement, the Supreme Court on Thursday struck down a first-in-the-nation law adopted in California that would have barred companies from speaking out against unions if they received state funds.

The justices in a 7-2 decision said the state measure conflicts with the free-speech zone created by federal labor law.

The ruling is likely to benefit especially companies in the healthcare industries, such as nursing homes, that receive some state funds and have low-level employees who are not unionized. It is a sharp setback for unions seeking to organize janitors, nurses, clerical workers and other employees in those areas.

Labor organizers may encourage workers to join unions, the high court said, but the employers also are free to try to persuade them against unionizing. Employers do not lose this right simply because they take the government's money, the justices said.

The California law was triggered by a campaign to organize janitors in the Los Angeles area. Mike Garcia, a union leader, complained to lawmakers that some companies were using state money "to pay for aggressive anti-union tactics."

State lawmakers, led by Sen. Gil Cedillo (D-Los Angeles), won approval of a bill to stop this practice. The measure, known as AB 1889, said state contractors and other private employers may not use state money "to assist, promote or deter union organizing."

The sponsors described this as the "nation's first state neutrality law" on labor organizing.


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