The Supreme Court says a South Carolina sheriff's office can be held liable for attorneys' fees for stopping abortion protesters in South Carolina who wanted to hold up signs showing aborted fetuses.
Justices on Monday reversed a decision saying the Greenwood County sheriff's office was not required to pay attorney's fees in a lawsuit brought by Steven Lefemine and Columbia Christians for Life. The group was told by officers they couldn't protest with their signs in November 2005. A federal judge agreed that the sheriff was wrong, but did not award damages or lawyer's fees.
The justices threw out that decision without hearing arguments, saying the legal decision that officers could not stop the protesters "supported the award of attorney's fees." The case now goes back to the lower courts.
Thursday, November 8, 2012
Thursday, August 23, 2012
Kansas Supreme Court to hear coal lawsuit
The Kansas Supreme Court this month will consider a challenge by environmental groups to a state permit for construction of a $1.5 billion coal-fired power plant in southwest Kansas.
The high court will hear oral arguments Aug. 31 in Topeka on the validity of the state permit issued in 2010 to start construction of the 895-megawatt plant near Holcomb, according to The Topeka Capital-Journal.
Sierra Club and Earthjustice contend in the lawsuit that the Kansas Department of Health and Environment improperly granted regulatory approval to the project, which they say is unnecessarily damaging to the environment. The organizations want the permit overturned.
Development partners Sunflower Electric Power Corp., of Hays, and Colorado-based Tri-State Generation and Transmission Association maintain that the state's permit is sound.
The Sunflower project has been on indefinite hold. In January, a federal judge delayed the project until a federal environmental impact study could be completed.
Sunflower spokeswoman Cindy Hertel said the cooperative's management would not comment before the state Supreme Court's review. Sunflower serves 400,000 people in Kansas, but most of the new electricity would be transferred to other states.
The high court will hear oral arguments Aug. 31 in Topeka on the validity of the state permit issued in 2010 to start construction of the 895-megawatt plant near Holcomb, according to The Topeka Capital-Journal.
Sierra Club and Earthjustice contend in the lawsuit that the Kansas Department of Health and Environment improperly granted regulatory approval to the project, which they say is unnecessarily damaging to the environment. The organizations want the permit overturned.
Development partners Sunflower Electric Power Corp., of Hays, and Colorado-based Tri-State Generation and Transmission Association maintain that the state's permit is sound.
The Sunflower project has been on indefinite hold. In January, a federal judge delayed the project until a federal environmental impact study could be completed.
Sunflower spokeswoman Cindy Hertel said the cooperative's management would not comment before the state Supreme Court's review. Sunflower serves 400,000 people in Kansas, but most of the new electricity would be transferred to other states.
Tuesday, August 7, 2012
Colorado shooting suspect to be formally charged
Launching a case that legal analysts expect to be dominated by arguments over the defendant's sanity, Colorado prosecutors plan to file formal charges Monday against James Eagan Holmes, the former neuroscience student accused of killing 12 people and wounding 58 others at an Aurora movie theater.
Attorneys will also argue over a defense motion to find out who leaked information to the news media about a package the 24-year-old former neuroscience graduate student allegedly sent to his psychiatrist at the University of Colorado Denver.
Authorities seized the package July 23, three days after the shooting, after finding it in the mailroom of the medical campus where Holmes studied. Several media outlets reported that it contained a notebook with descriptions of an attack, but Arapahoe County District Attorney Carol Chambers said in court papers that the parcel hadn't been opened by the time the "inaccurate" news reports appeared.
Investigators said Holmes began stockpiling gear for his assault four months ago and bought his weapons in May and June, well before the shooting spree just after midnight during a showing of the Batman film "The Dark Knight Rises." He was arrested by police outside the theater.
Analysts said that means it's likely there's only one main point of legal dispute between prosecutors and the defense.
Attorneys will also argue over a defense motion to find out who leaked information to the news media about a package the 24-year-old former neuroscience graduate student allegedly sent to his psychiatrist at the University of Colorado Denver.
Authorities seized the package July 23, three days after the shooting, after finding it in the mailroom of the medical campus where Holmes studied. Several media outlets reported that it contained a notebook with descriptions of an attack, but Arapahoe County District Attorney Carol Chambers said in court papers that the parcel hadn't been opened by the time the "inaccurate" news reports appeared.
Investigators said Holmes began stockpiling gear for his assault four months ago and bought his weapons in May and June, well before the shooting spree just after midnight during a showing of the Batman film "The Dark Knight Rises." He was arrested by police outside the theater.
Analysts said that means it's likely there's only one main point of legal dispute between prosecutors and the defense.
Wednesday, June 13, 2012
High court protects Secret Service agents
The Supreme Court ruled Monday that two Secret Service agents are shielded from a lawsuit filed by a man they arrested after a confrontation with then-Vice President Dick Cheney.
The 8-0 decision comes in a case that began with the arrest of Steven Howards following a chance encounter with Cheney at a shopping center in Colorado in 2006. Howards claimed he was arrested because he expressed his anti-war views.
The agents and the Obama administration asked the court for broad protection against claims of retaliatory arrests. The justices did not grant that wish.
But Justice Clarence Thomas said in his opinion for the court that the agents could not be sued in this instance because of uncertainty about the state of the law concerning such arrests.
The decision reversed a ruling by the 10th U.S. Circuit Court of Appeals in Denver to allow Howards' lawsuit to go forward.
Howards, of Golden, Colo., was detained by Cheney's security detail after he told Cheney of his opposition to the war in Iraq. Howards also touched Cheney on the shoulder, then denied doing so under questioning. The appeals court said the inconsistency gave the agents reason to arrest Howards.
The 8-0 decision comes in a case that began with the arrest of Steven Howards following a chance encounter with Cheney at a shopping center in Colorado in 2006. Howards claimed he was arrested because he expressed his anti-war views.
The agents and the Obama administration asked the court for broad protection against claims of retaliatory arrests. The justices did not grant that wish.
But Justice Clarence Thomas said in his opinion for the court that the agents could not be sued in this instance because of uncertainty about the state of the law concerning such arrests.
The decision reversed a ruling by the 10th U.S. Circuit Court of Appeals in Denver to allow Howards' lawsuit to go forward.
Howards, of Golden, Colo., was detained by Cheney's security detail after he told Cheney of his opposition to the war in Iraq. Howards also touched Cheney on the shoulder, then denied doing so under questioning. The appeals court said the inconsistency gave the agents reason to arrest Howards.
Friday, May 25, 2012
Court turns away PR congressional vote lawsuit
The Supreme Court won't hear an appeal from residents of Puerto Rico seeking to gain a voting representative in Congress.
The high court turned away the appeal from Gregorio Igartua and other Puerto Ricans on Monday.
Territorial status grants residents of Puerto Rico U.S. citizenship, but they pay no federal income taxes and cannot vote in presidential elections. Their congressional representative also cannot vote in Congress.
A federal judge threw out the lawsuit, and the 1st U.S. Circuit Court of Appeals upheld that decision, saying that since Puerto Rico was not a state, it could not have a voting member of Congress.
The high court turned away the appeal from Gregorio Igartua and other Puerto Ricans on Monday.
Territorial status grants residents of Puerto Rico U.S. citizenship, but they pay no federal income taxes and cannot vote in presidential elections. Their congressional representative also cannot vote in Congress.
A federal judge threw out the lawsuit, and the 1st U.S. Circuit Court of Appeals upheld that decision, saying that since Puerto Rico was not a state, it could not have a voting member of Congress.
Wednesday, April 11, 2012
Calif. appeals release of 1970s bus kidnapper
California officials are appealing a court order that called for the immediate release of one of three men convicted of kidnapping and burying a busload of schoolchildren in a 1970s ransom attempt.
The Fresno Bee reports that the state Attorney General's Office filed its appeal Monday in Richard Schoenfeld's case with the California Supreme Court.
A lower court ruled in February that Schoenfeld had served his sentence after 34 years behind bars and should be released from prison.
The court, however, did allow for an appeal of its decision.
Schoenfeld, his brother and another man pleaded guilty to holding 26 Chowchilla children and their bus driver hostage in a buried truck in 1976. Authorities say the trio planned to demand a $5 million ransom.
The Fresno Bee reports that the state Attorney General's Office filed its appeal Monday in Richard Schoenfeld's case with the California Supreme Court.
A lower court ruled in February that Schoenfeld had served his sentence after 34 years behind bars and should be released from prison.
The court, however, did allow for an appeal of its decision.
Schoenfeld, his brother and another man pleaded guilty to holding 26 Chowchilla children and their bus driver hostage in a buried truck in 1976. Authorities say the trio planned to demand a $5 million ransom.
Thursday, March 22, 2012
Glancy Binkow & Goldberg LLP Announces Class Action
Glancy Binkow & Goldberg LLP announces that a class action lawsuit has been filed in the United States District Court for the Southern District of New York on behalf of all persons or entities who purchased the common stock of Nevsun Resources Ltd. between March 31, 2011 and February 6, 2012, inclusive, seeking to pursue remedies under the Securities Exchange Act of 1934. Nevsun, together with its subsidiaries, engages in the acquisition, exploration, development and production of mineral properties, including the Bisha Property, a gold, copper, silver and zinc mine in Eritrea, Africa.
The Complaint alleges that defendants issued materially false and misleading statements and failed to disclose that: (i) Nevsun’s mining activities at the Bisha mine produced a material amount of waste rock, rather than gold ore; (ii) the amounts of gold and gold ore recovered from the Bisha mine were materially less than estimated by the Company's reserve estimate, a situation which defendants knew or had reason to know based on data routinely collected throughout the Class Period from the Bisha mine; (iii) Nevsun was progressing through the ore body at the Bisha mine much more quickly than planned, in order to maintain gold production at a rate that would not reveal to investors that the amount of gold was materially less than the Company’s estimate; (iv) the Company was aware that its resource model was materially defective because the actual amounts of gold mined at Bisha did not reconcile with the Company's reserve estimate previously disseminated to the investing public; and (v), Nevsun materially overstated its gold reserves at the Bisha mine.
No class has yet been certified in the above action. Until a class is certified, you are not represented by counsel unless you retain one. If you purchased Nevsun common stock between March 31, 2011 and February 6, 2012, you have certain rights, and have 60 days from March 13, 2012 to move for lead plaintiff status. To be a member of the class you need not take any action at this time; you may retain counsel of your choice or take no action and remain an absent class member.
The Complaint alleges that defendants issued materially false and misleading statements and failed to disclose that: (i) Nevsun’s mining activities at the Bisha mine produced a material amount of waste rock, rather than gold ore; (ii) the amounts of gold and gold ore recovered from the Bisha mine were materially less than estimated by the Company's reserve estimate, a situation which defendants knew or had reason to know based on data routinely collected throughout the Class Period from the Bisha mine; (iii) Nevsun was progressing through the ore body at the Bisha mine much more quickly than planned, in order to maintain gold production at a rate that would not reveal to investors that the amount of gold was materially less than the Company’s estimate; (iv) the Company was aware that its resource model was materially defective because the actual amounts of gold mined at Bisha did not reconcile with the Company's reserve estimate previously disseminated to the investing public; and (v), Nevsun materially overstated its gold reserves at the Bisha mine.
No class has yet been certified in the above action. Until a class is certified, you are not represented by counsel unless you retain one. If you purchased Nevsun common stock between March 31, 2011 and February 6, 2012, you have certain rights, and have 60 days from March 13, 2012 to move for lead plaintiff status. To be a member of the class you need not take any action at this time; you may retain counsel of your choice or take no action and remain an absent class member.
Supreme Court considers Fighting Sioux case
North Dakota's Supreme Court grilled the state Board of Higher Education's lawyer Thursday about the board's tardiness in challenging a law that requires the University of North Dakota's sports teams to carry the Fighting Sioux nickname.
State lawmakers first approved the pro-nickname law in March 2011. Yet it wasn't until last month, after the law was repealed and then revived in a referendum campaign, that the higher education board sued to block the law, Justice Daniel Crothers said.
"That harm has been there since the statute was passed almost a year ago ... Why now? Why in the face of a referral?" Crothers asked Douglas Bahr, an assistant attorney general who is representing the board, during Supreme Court oral arguments Thursday.
Secretary of State Al Jaeger scheduled a June 12 referendum on the law after nickname backers turned in more than 16,000 petition signatures demanding a ballot.
The law says UND's sports teams must be known as the Fighting Sioux and keep a separate logo that depicts the profile of an American Indian warrior.
NCAA officials have told UND that as long as the nickname and logo are kept, the Grand Forks school may not host NCAA post-season tournaments. Its teams, cheerleaders and band members may not wear them on uniforms during post-season play.
State lawmakers first approved the pro-nickname law in March 2011. Yet it wasn't until last month, after the law was repealed and then revived in a referendum campaign, that the higher education board sued to block the law, Justice Daniel Crothers said.
"That harm has been there since the statute was passed almost a year ago ... Why now? Why in the face of a referral?" Crothers asked Douglas Bahr, an assistant attorney general who is representing the board, during Supreme Court oral arguments Thursday.
Secretary of State Al Jaeger scheduled a June 12 referendum on the law after nickname backers turned in more than 16,000 petition signatures demanding a ballot.
The law says UND's sports teams must be known as the Fighting Sioux and keep a separate logo that depicts the profile of an American Indian warrior.
NCAA officials have told UND that as long as the nickname and logo are kept, the Grand Forks school may not host NCAA post-season tournaments. Its teams, cheerleaders and band members may not wear them on uniforms during post-season play.
Court allows Edwards to hire mistress's lawyers
Former presidential candidate John Edwards got his wish Thursday and is changing his defense team ahead of his criminal trial on charges of campaign finance violations, hiring the same attorneys who once helped his mistress in a lawsuit over the couple's alleged sex tape.
The former U.S. senator from North Carolina testified under oath that he understood a jury might puzzle over the fact that lawyers Alan Duncan and Allison Van Laningham would be representing him after previously representing his mistress, Rielle Hunter.
Edwards faces charges that he broke federal campaign finance laws, allegedly using nearly $1 million from two wealthy donors to hide the pregnant mistress and prevent a scandal from erupting as he campaigned for the White House in 2008. He has pleaded not guilty.
U.S. District Court Judge Catherine C. Eagles told Edwards that shaking up his defense team was likely causing him stress, something the former senator's doctor said in a private letter to the judge Edwards should avoid to protect his health. The judge asked Edwards whether he was taking any narcotics or other medications that might fog his judgment before trial.
The former U.S. senator from North Carolina testified under oath that he understood a jury might puzzle over the fact that lawyers Alan Duncan and Allison Van Laningham would be representing him after previously representing his mistress, Rielle Hunter.
Edwards faces charges that he broke federal campaign finance laws, allegedly using nearly $1 million from two wealthy donors to hide the pregnant mistress and prevent a scandal from erupting as he campaigned for the White House in 2008. He has pleaded not guilty.
U.S. District Court Judge Catherine C. Eagles told Edwards that shaking up his defense team was likely causing him stress, something the former senator's doctor said in a private letter to the judge Edwards should avoid to protect his health. The judge asked Edwards whether he was taking any narcotics or other medications that might fog his judgment before trial.
Army private charged in leak case returns to court
An Army private accused of engineering the biggest leak of classified information in U.S. history will return to court for a second day, when a military judge could decide whether defense attorneys get access to certain people and information ahead of trial.
Pfc. Bradley Manning returns Friday to a military courtroom at Fort Meade, near Baltimore.
On Thursday, one of his lawyers asked the judge in the case to dismiss the charges, saying the government had bungled turning over documents in the case. Military lawyers disagreed.
Manning allegedly downloaded and sent the anti-secrecy website WikiLeaks a vast store of documents and diplomatic cables. Defense lawyers say Manning was clearly a troubled young soldier whom the Army never should have given access to classified material.
Pfc. Bradley Manning returns Friday to a military courtroom at Fort Meade, near Baltimore.
On Thursday, one of his lawyers asked the judge in the case to dismiss the charges, saying the government had bungled turning over documents in the case. Military lawyers disagreed.
Manning allegedly downloaded and sent the anti-secrecy website WikiLeaks a vast store of documents and diplomatic cables. Defense lawyers say Manning was clearly a troubled young soldier whom the Army never should have given access to classified material.
Court rejects challenge to Ind. elections chief
Republican Gov. Mitch Daniels will be able to choose a replacement for Indiana's ousted top elections official following a state Supreme Court ruling Thursday that found Democrats waited too long to challenge the GOP official's candidacy in 2010.
In a unanimous decision, the court overturned a Marion County judge's decision ordering the state recount commission to certify the runner-up, Democrat Vop Osili, as Indiana's secretary of state. Republican Charlie White, who won the race, was removed from office after he was convicted of felony voter fraud and perjury charges last month.
The decision dissipated a cloud of uncertainty that has lingered over the politically powerful office for more than a year, since Democrats accused White of lying about where he lived on his voter registration so he could keep his paid seat on the Fishers Town Council. White was sentenced Feb. 23 to one year of home detention.
With Indiana's primary election less than two months away, the court acted swiftly — ruling in about two weeks when it often takes months.
Daniels said he would act "pretty quickly" to appoint someone to finish the remainder of White's four-year term. "I've got, I think, a really good person in mind," he said. Daniels named White's chief deputy, Jerry Bonnet, interim secretary of state after White's February conviction.
Osili told The Associated Press that he hoped whoever was appointed would work with officials to make it easier for voters to comply with Indiana's voter ID law.
In a unanimous decision, the court overturned a Marion County judge's decision ordering the state recount commission to certify the runner-up, Democrat Vop Osili, as Indiana's secretary of state. Republican Charlie White, who won the race, was removed from office after he was convicted of felony voter fraud and perjury charges last month.
The decision dissipated a cloud of uncertainty that has lingered over the politically powerful office for more than a year, since Democrats accused White of lying about where he lived on his voter registration so he could keep his paid seat on the Fishers Town Council. White was sentenced Feb. 23 to one year of home detention.
With Indiana's primary election less than two months away, the court acted swiftly — ruling in about two weeks when it often takes months.
Daniels said he would act "pretty quickly" to appoint someone to finish the remainder of White's four-year term. "I've got, I think, a really good person in mind," he said. Daniels named White's chief deputy, Jerry Bonnet, interim secretary of state after White's February conviction.
Osili told The Associated Press that he hoped whoever was appointed would work with officials to make it easier for voters to comply with Indiana's voter ID law.
Subscribe to:
Posts (Atom)