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GM to ask bankruptcy court for lawsuit protection
Headline Court News | 2014/04/17 13:53
General Motors revealed in court filings late Tuesday that it will soon ask a federal bankruptcy judge to shield the company from legal claims for conduct that occurred before its 2009 bankruptcy.

The automaker's strategy is in a motion filed in a Corpus Christi, Texas, federal court case, and in other cases across the nation that involve the defective ignition switches that have led GM to recall 2.6 million small cars.

The motion asks U.S. District Judge Nelva Gonzales Ramos to delay action on the lawsuit until the bankruptcy court rules and other federal courts decide if the case should be combined with other lawsuits. But GM says it's not asking to halt action on a motion to force GM to tell customers not to drive their cars that are being recalled.

GM has said at least 13 deaths have been linked to the switch problem. The switch can unexpectedly slip out of the "run" position, shutting down the engine, knocking out power-assisted steering and power brakes, and disabling the air bags. GM admits knowing about the problem for at least a decade, but it didn't start recalling the cars, including Chevrolet Cobalts and Saturn Ions, until February.

The company's motion says GM will ask the bankruptcy court in New York to enforce an order made during the 2009 bankruptcy case that split GM into a new company and an old company. Claims from before the bankruptcy would go to "Old GM," called Motors Liquidation Co., while claims after the bankruptcy would go to the new General Motors Co.


Lawyer: Evaluate stabbing suspect's mental health
Headline Topics | 2014/04/15 13:31
The attorney for a 16-year-old accused of stabbing 21 other students and a security guard at their high school said Thursday he wants to have a mental health expert evaluate the boy and hopes to have the case moved to juvenile court.

For now, Alex Hribal is charged as an adult with four counts of attempted homicide, 21 counts of aggravated assault and a weapons charge, and is being held without bond in the Westmoreland County juvenile detention center.

In an interview with ABC's "Good Morning America," attorney Patrick Thomassey acknowledged that his client stabbed the victims, and said any defense he offers will likely be based on the boy's psychological state, which he hopes to have an expert evaluate soon.

"I would assume so, yes, depending on what the mental health experts tell me," Thomassey said.

He said that, under Pennsylvania law, he will have to convince a judge that Hribal can be rehabilitated in juvenile court, which would have jurisdiction over him until he's 21. If convicted as an adult, Hribal faces likely decades in prison.

The attorney told several media outlets that Hribal was remorseful, though he acknowledged his client did not appear to appreciate the gravity of his actions. Thomassey said he is still getting to know his client, saying he spoke with Hribal only for about 20 minutes before his arraignment late Wednesday.


Appeals court finds EPA carbon decision reasonable
Headline Court News | 2014/04/15 13:30
A federal appeals court says the Environmental Protection Agency acted reasonably in deciding not to change the primary air quality standard for carbon monoxide.

Three environmental and wildlife organizations want the public health standard toughened.

But the appeals court says in a 3-0 ruling that the private groups cannot challenge the lack of a secondary air quality standard for carbon monoxide. The EPA decided not to have one, based on a finding that the connection between carbon monoxide and climate change was tenuous.

The court ruled Friday that the groups failed to show that the absence of a secondary standard would worsen global warming.

Carbon monoxide is an odorless, colorless gas in motor vehicle exhaust.


Lawmaker Yee due back in court for arraignment
Headline Topics | 2014/04/08 10:00
Suspended state Sen. Leland Yee is due back in federal court for his alleged role in a San Francisco political corruption and organized crime case.

Yee could enter pleas Tuesday to one count of conspiracy to traffic in firearms without a license and to illegally import firearms, and to six counts of engaging in a scheme to defraud citizens of honest services.

The San Francisco Democrat is accused of conspiring to connect an undercover FBI agent with a Philippine arms dealer in exchange for campaign contributions, and of trading political influence for cash.

Yee and 19 others were formally indicted last week after being arrested on March 26.

Other defendants, including Raymond "Shrimp Boy" Chow, whose charges include money laundering and trafficking, are scheduled for arraignment Tuesday.


EU court nixes government bulk data collection
Headline Topics | 2014/04/08 09:59
The European Union's top court says key legislation allowing governments to collect data on citizens' communications for law-enforcement purposes is invalid.

The European Court of Justice in Luxembourg on Tuesday ruled the so-called data retention directive is too far-reaching and offers too few safeguards to protect people's right to privacy, creating an impression that "private lives are the subject of constant surveillance."

The legislation allows the storage of phone calls or online communication records for at least six months to help prevent serious crimes such as terrorism. The data typically reveal who was involved in the communication, when and how often, but not its content.

The court says the 2006 legislation represents a "particularly serious interference with fundamental rights."


U.S. Supreme Court voids overall contribution limits
Headline Court News | 2014/04/03 14:16
The Supreme Court struck down limits today in federal law on the overall campaign contributions the biggest individual donors may make to candidates, political parties and political action committees.

The justices said in a 5-4 vote that Americans have a right to give the legal maximum to candidates for Congress and president, as well as to parties and PACs, without worrying that they will violate the law when they bump up against a limit on all contributions, set at $123,200 for 2013 and 2014. That includes a separate $48,600 cap on contributions to candidates.

But their decision does not undermine limits on individual contributions to candidates for president or Congress, now $2,600 an election.

Chief Justice John Roberts announced the decision, which split the court's liberal and conservative justices. Roberts said the aggregate limits do not act to prevent corruption, the rationale the court has upheld as justifying contribution limits.

The overall limits "intrude without justification on a citizen's ability to exercise 'the most fundamental First Amendment activities,'" Roberts said, quoting from the court's seminal 1976 campaign finance ruling in Buckley v. Valeo.

Justice Clarence Thomas agreed with the outcome of the case, but wrote separately to say that he would have gone further and wiped away all contribution limits.


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Lawyer News | 2014/04/03 14:16

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