|
|
|
Court reinstates clean air rule during EPA fix
Topics |
2008/12/24 09:14
|
| In a ruling hailed by environmentalists, a federal appeals court on Tuesday reinstated one of President George W. Bush's clean air regulations while the Environmental Protection Agency makes court-mandated changes.pIn July, the U.S. Appeals Court for the District of Columbia Circuit threw out the Clean Air Interstate Rule, which required 28 mostly Eastern states to reduce smog-forming and soot-producing emissions that can travel long distances in the wind./ppThe court said the EPA overstepped its authority by instituting the rule, citing more than several fatal flaws in the regulation. However, a three-judge panel decided to reinstate the rule while the EPA develops a new clean air program./ppJudge Judith W. Rogers said allowing the country to go without the protection of CAIR while the EPA fixes it would sacrifice clear benefits to public health and the environment./ppThe judges did not give EPA a deadline to come up with new regulations, but warned the agency that this decision is not an indefinite stay of its July ruling./ppThe Environmental Protection Agency had predicted that the Clean Air Interstate Rule would prevent about 17,000 premature deaths a year by dramatically reducing sulfur dioxide and nitrogen oxide emissions. In addition, the EPA said the rule would save up to $100 billion in health benefits, eliminate millions of lost work and school days and prevent tens of thousands of nonfatal heart attacks./p |
|
|
|
|
|
|
Alamo seeks removal of religious language in suit
Court Watch News |
2008/12/23 09:16
|
| A lawyer for jailed evangelist Tony Alamo asked a federal court Tuesday to remove religious references from a lawsuit against his client, saying they have the potential to draw the court into theological debate to decide the case.pJohn Hall of Little Rock said in a court filing that claims made by two former members of the Tony Alamo Christian Ministries were based on religious beliefs and not matters for argument in a court of law./ppHall gave as examples claims that Alamo engaged in practices to intimidate church members by withholding food, marrying young girls and performing severe beatings. Hall said Alamo's defense to each of these allegations was based largely on the Bible, and the filing cites numerous biblical passages./ppAll of these fall within the ambit of defendant's religious beliefs, the filing says./ppThe suit, filed Nov. 25 in federal district court at Texarkana, claims that Seth Calagna and Spencer Ondrisek were beaten and subjected to abuse as teenagers in the church. The suit says the former church members, now adults, suffered physical pain, emotional distress, scarring and disfigurement. It seeks more than $75,000 in damages./p |
|
|
|
|
|
|
Conservatives win court case in Va. church dispute
Headline Topics |
2008/12/20 09:18
|
| Nearly a dozen conservative church congregations in Virginia have won a lawsuit in which they sought to split from the U.S. Episcopal Church in a dispute over theology and homosexuality.pThe final rulings came Friday from a Fairfax County judge who said the departing congregations are allowed under Virginia law to keep their church buildings and other property as they leave the Episcopal Church and realign under the authority of conservative Anglican bishops from Africa./ppSeveral previous rulings had also gone in favor of the departing congregations. The diocese said it will appeal./ppEleven Virginia congregations were involved in the lawsuit, including two prominent congregations that trace their histories to George Washington — Truro Church in Fairfax and The Falls Church in Falls Church./ppThe congregations voted to realign in late 2006. Since then, the rift in the Episcopal Church has grown, and entire dioceses have voted to leave the denomination. Similar property disputes are expected there as well./ppThe Episcopal Diocese of Virginia argued it was the true owner of the church property and that the congregations' votes to leave the Episcopal Church were invalid./p |
|
|
|
|
|
|
Mass. court reprimands judge libeled by newspaper
Headline Topics |
2008/12/19 09:16
|
| Massachusetts' top court has publicly reprimanded a judge who wrote threatening letters to the publisher of the Boston Herald after he won a $2 million libel judgment against the paper.pThe Supreme Judicial Court's punishment for Judge Ernest Murphy is slightly less severe than the public censure and $25,000 fine recommended by the state's Commission on Judicial Conduct. The SJC did order Murphy to reimburse the commission for its costs./ppThe case began in 2002, after the Herald published a series of stories depicting Murphy as soft on crime. Several quoted Murphy as saying a young rape victim should get over it./ppMurphy won his lawsuit, then wrote threatening letters to the Herald publisher demanding payment./ppMurphy agreed in August to step down from the bench, citing health problems brought on by the stress of the case. /p |
|
|
|
|
|
|
Appeals court rejects DC missing pants case
Headline Court News |
2008/12/18 09:17
|
| An appeals court on Thursday turned down a request for a new trial from a former District of Columbia judge who sued his dry cleaners for $54 million over a lost pair of pants.pThe D.C. Court of Appeals rejected the request from Roy L. Pearson to overturn a 2007 ruling that denied him damages. Pearson had argued that Custom Cleaners failed to live up to its promise of Satisfaction Guaranteed./ppThree appellate judges agreed Pearson failed to show the store's advertising amounted to fraud and said his argument defied logic./ppPearson can still ask the entire nine-judge appellate court to review the case or appeal to the U.S. Supreme Court./ppPearson did not immediately respond to an e-mail or telephone message seeking comment./ppJin Chung, the dry cleaner owner, said through his lawyer that his family is very very happy with the decision. The family said they hope Pearson won't take any further action./ppThe American Tort Reform Association lauded the court's move, saying the city's easily exploited consumer protection law should be reformed./ppThe case has taken its toll on both sides. The Chungs have sold the dry cleaning shop, citing a loss of revenue and the emotional strain of defending the lawsuit. Pearson lost his job when a D.C. commission voted not to reappoint him. /p |
|
|
|
|
|
|
Court: No obligation for company to give teen drug
Legal Business |
2008/12/17 09:15
|
| A pharmaceutical company does not have to provide an experimental drug to a Minnesota teen who is terminally ill with a rare form of muscular dystrophy, a federal appeals court ruled Tuesday in reversing a lower court decision.pThe ruling by the U.S. Court of Appeals for the Third Circuit in Philadelphia was a blow to 17-year-old Jacob Gunvalson, who suffers from Duchenne muscular dystrophy./ppThe court ruled that U.S. District Judge William J. Martini in Newark erred in his August ruling that PTC Therapeutics of South Plainfield, N.J., must provide the drug to Gunvalson. That decision had been stayed pending the company's appeal./ppI just think it's really unfair that these drug companies get all these benefits from the federal government, said Jacob's mother, Cheri Gunvalson. And then they're allowing boys to fall through the cracks and die. She said she would not give up her fight but didn't know what the next step would be./ppIn its ruling, the appeals court said it was sympathetic to the plight of Jacob and his family, but that the lower court abused its discretion in ordering PTC to supply the drug to Gunvalson./ppThe Gunvalsons, who live in Gonvick, Minn., maintained that the company led them to believe that Jacob could participate in a clinical trial of the drug, which is being investigated as a possible treatment — and that the company then went back on its word./p |
|
|
|
|
|
|
Ill. gov's legal woes worsen as fundraisers defect
Interview |
2008/12/17 09:12
|
| Jailed political fundraiser Antoin Tony Rezko's attorneys sent a strong signal Tuesday that he has resumed his on-again, off-again cooperation with federal prosecutors in the criminal case against Gov. Rod Blagojevich, and another one-time adviser to the governor served notice that he intends to plead guilty to tax charges.pRezko has been among the Democratic governor's top fundraisers and advisers and can provide prosecutors with a penetrating glimpse into the workings of Blagojevich's inner circle. He was convicted in June of scheming to squeeze companies seeking state business for payoffs./ppThere were signs that Rezko's relationship with prosecutors had soured in recent weeks. But on Tuesday, both sides agreed to postpone his sentence indefinitely, a sign that prosecutors think their sometimes reluctant witness has more to tell them./ppWhile Rezko squared things with federal prosecutors, attorneys for former Blagojevich campaign chairman Christopher Kelly said he intends to plead guilty to tax charges next month. Among other things, Kelly, a roofing contractor and consultant, is charged with using company funds to pay gambling debts and in at least one case writing the payment off as a business expense./ppKelly could also give the government an inside look at the workings of the Blagojevich administration. But chief defense counsel Michael Monico said Tuesday that cooperation isn't part of the agreement under which Kelly will plead guilty./p |
|
|
|
|
|
Legal News RSS Feed
