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Odds against Alex Rodriguez in federal court
Headline Topics |
2014/01/13 14:16
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The odds are against Alex Rodriguez in federal court as he tries to overturn his season-long drug suspension.
For the past five decades, the U.S. Supreme Court has set narrow grounds for judges to consider when evaluating lawsuits to overturn arbitration decisions. That position was reaffirmed in 2001 when it ruled against Steve Garvey in his suit against the Major League Baseball Players Association stemming from the collusion cases of the 1980s.
"I don't think he has very much of a chance," said Stanford Law School professor emeritus William B. Gould IV, the former chairman of the National Labor Relations Board. "There are many cases that are appealed from arbitration awards, but the case law at the Supreme Court level makes success very much a long shot."
The Joint Drug Agreement between Major League Baseball and the players' association gives the sport's three-person arbitration panel — the independent arbitrator plus one representative of management and the union — jurisdiction to review discipline resulting from violations. |
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Court suspends ban on a show by French comic
Headline Topics |
2014/01/10 14:51
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A French court has suspended a ban the city of Nantes imposed to prevent a show on Thursday night by a comic whose performances are considered anti-Semitic.
But Interior Minister Manuel Valls said he would appeal the ruling to the Council of State, France's highest administrative authority, to combat the "mechanics of hate."
The Nantes performance of Dieudonne M'Bala M'Bala would kick off a national tour by the comic, who has popularized the "quenelle" hand gesture, which Valls has criticized as an "inverted Nazi salute."
In its ruling, the court called the ban a grave attack on freedom of expression. Jacques Verdier, lawyer for Dieudonne celebrated the ruling, saying: "The show will go on tonight."
Dieudonne has been convicted more than a half-dozen times for inciting racial hatred or anti-Semitism. |
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Ind. Supreme Court to hear foul ball injury case
Lawyer News |
2014/01/10 14:50
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The Indiana Supreme Court is taking up the case of a woman who wants to sue a minor-league baseball team over injuries she suffered when a foul ball struck her during a game.
The court was scheduled to hear oral arguments Thursday in Juanita DeJesus' effort to sue the Gary SouthShore RailCats over fractured facial bones and blindness in her left eye she says were caused by a ball striking her during a May 2009 game.
The Times of Munster reports DeJesus sued the RailCats' parent company in 2011 alleging it failed to install protective netting for spectators.
A local judge initially allowed her suit to proceed, but the Indiana Court of Appeals threw it out last year, ruling that foul balls' dangers are well-known to baseball fans. |
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Supreme Court Puts Utah Same-Sex Marriage on Hold
Headline Topics |
2014/01/06 10:57
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The Supreme Court on Monday put same-sex marriages on hold in Utah, at least while a federal appeals court more fully considers the issue.
The court issued a brief order blocking any new same-sex unions in the state.
The order grants an emergency appeal by the state following the Dec. 20 ruling by U.S. District Judge Robert Shelby that the state's ban on same-sex marriage violates gay and lesbian couples' constitutional rights.
More than 900 gay and lesbian couples have married since then.
The high court order will remain in effect until the Denver-based 10th U.S. Circuit Court of Appeals decides whether to uphold Shelby's ruling.
The state's request to the Supreme Court was filed with Justice Sonia Sotomayor, who handles emergency appeals from Utah and the five other states in the 10th Circuit. Sotomayor turned the matter over to the entire court.
The action now shifts to Denver, where the appeals court will consider arguments from the state against same-sex marriage as well as from the three gay and lesbian couples who challenged the ban in support of Shelby's ruling. The appeals court had twice rebuffed the state's plea to stop gay weddings pending appeal. |
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Pa. monsignor due in court after leaving prison
Network News |
2014/01/06 10:55
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A Roman Catholic church official is due in court Monday for the first time since his conviction in the priest sex-abuse scandal was reversed.
Monsignor William Lynn is not quite a free man. He must remain under electronic monitoring while prosecutors try to restore the conviction.
Lynn served 18 months in prison for felony child-endangerment. He was the first U.S. church official ever convicted over his handling of abuse complaints.
Lynn says he tried to protect children as secretary for clergy in Philadelphia from 1992 to 2004, but prosecutors say he sought only to protect the church.
The 63-year-old Lynn will appear in court to review terms of his release from prison last week.
A judge says he must live in Philadelphia and report weekly to probation. |
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Ga. banker accused of losing millions due in court
Headline Topics |
2014/01/02 13:41
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A south Georgia bank director accused of losing millions of investor dollars before vanishing is set to appear in court.
The U.S. attorney's office in Savannah says 47-year-old Aubrey Lee Price is due to appear before a federal judge in Brunswick on Thursday. Price was arrested Tuesday during a traffic stop on Interstate 95 in Brunswick.
Price had disappeared in June 2012 after sending a rambling letter to his family and acquaintances saying he had lost millions of investment dollars and planned to kill himself.
A Florida judge declared him dead about a year ago. But the FBI had said it didn't believe Price was dead and continued to search for him.
Prosecutors say Price raised $40 million from his bank and 115 investors, and lost much of the money. |
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Sotomayor delays health law's birth control mandate
Press Release |
2014/01/02 13:40
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Only hours before the law was to take effect, a Supreme Court justice on Tuesday blocked implementation of part of President Obama's health care law that would have forced some religion-affiliated organizations to provide health insurance for employees that includes birth control coverage.
Justice Sonia Sotomayor's decision came after a different effort by Catholic-affiliated groups from around the U.S. Those groups had rushed to the federal courts to stop Wednesday's start of portions of the Affordable Care Act, also known as Obamacare.
Sotomayor acted on a request from an organization of Catholic nuns in Denver, the Little Sisters of the Poor Home for the Aged. Its request for an emergency stay had been denied earlier in the day by a federal appeals court.
The government is "temporarily enjoined from enforcing against applicants the contraceptive coverage requirements imposed by the Patient Protection and Affordable Care Act," Sotomayor said in the order. She gave government officials until 10 a.m. EST (1500 GMT) Friday to respond to her order.
The law requires employers to provide insurance that covers a range of preventive care, free of charge, including contraception. The Catholic Church prohibits the use of contraceptives. That was not acceptable, said the nuns' lawyer, Mark L. Rienzi. |
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