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Abortion clinic seeks to sue Ohio over budget restrictions
Lawyer News |
2017/09/24 11:42
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A Cleveland abortion clinic asked Ohio's high court on Tuesday to grant it legal standing to sue over abortion-related restrictions tucked into the state's 2013 budget bill.
Preterm of Cleveland argued that the provisions impose added administrative and caseload burdens that clearly qualify the clinic to proceed with its constitutional challenge to the manner in which the bill was put together.
The clinic's attorney, B. Jessie Hill, told justices significant new hurdles are not required to meet the legal burden for standing.
"We have to do something we didn't have to do before: We have to enter into a new contract every two years," she said. "That's all we need to demonstrate."
The clinic disputes budget provisions that required more frequent renewal of a clinic's emergency transfer agreement with a local hospital after prohibiting public hospitals from participating and required testing for a fetal heartbeat before an abortion can be performed.
The state's attorney, Ryan Richardson, argued the clinic has not demonstrated true or threatened harm and so can't legally sue.
"As this court has said, really the essence of standing is having a plaintiff that has a direct and concrete stake in the issues, so that the plaintiff is able to properly sharpen the issues for the court's resolution," she said. "Bringing a plaintiff who is not directly affected impacts the ability to properly present the facts and legal issues that the court needs to properly adjudicate the case."
The lawsuit comes amid abortion clinic closures across Ohio that have coincided with falling abortion rates.
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Court: State, Not Counties Accountable for Poor School Funds
Industry News |
2017/09/22 11:41
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A North Carolina appeals court says students and parents still fighting for sufficient school funding decades after they were guaranteed the right to a sound, basic education should make demands of the governor and legislators, not county officials.
A divided state Court of Appeals ruled Tuesday that schoolchildren can't sue Halifax County commissioners over funding for the county's segregated public school districts.
Lawyers say though substandard Halifax County Schools' buildings sometimes force students to walk through sewage to reach their lockers, they get less local tax dollars than the majority white Roanoke Rapids schools.
Judges split 2-1 in ruling that local families should take their problems to Raleigh. The dissenting judge said counties can be sued since the legislature assigned them responsibility for funding buildings and supplies. |
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Toys R Us files for Chapter 11 reorganization
Topics |
2017/09/20 12:14
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Toys R Us, the pioneering big box toy retailer, has announced it has filed for Chapter 11 bankruptcy protection while continuing with normal business operations.
A statement by the Wayne, New Jersey-based company late Monday says it voluntarily is seeking relief in U.S. Bankruptcy Court for the Eastern District of Virginia in Richmond - and that its Canadian subsidiary is seeking similar protection through a Canadian court.
Toys R Us says court-supervised proceedings will help restructure its outstanding debt and reorganize for long-term growth.
The company says separate operations outside the U.S. and Canada, including more than 250 licensed stores and a joint venture partnership in Asia, are not part of the filings.
It emphasizes that its approximately 1,600 locations will remain open, that it will continue to work with suppliers and sell merchandise. |
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Egypt court orders detention of 24 minority Nubians 15 days
Industry News |
2017/09/20 12:14
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A lawyer says an Egyptian court has ordered the detention of 24 Nubians for 15 days pending investigation for participating in a protest earlier this month. Nubians are an ethnic minority.
Moustafa el-Hassan says Wednesday's decision comes after prosecutors appealed an earlier decision to release them on bail. Their release, which was ordered on Tuesday, had not been finalized.
They were arrested after setting out on a march in the southern city of Aswan to demand their right to return to their ancestral land around the lake formed by the Aswan High Dam. Charges include illegal protest, receiving funds from foreign sources and blocking public roads.
Nubians trace their roots back to an ancient civilization on the Nile. They have been forcibly displaced four times in the last century.
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