|
|
|
Nebraska court could hold up Keystone pipeline
Headline Court News |
2015/01/08 13:24
|
The Republican-led Congress appears ready to approve the Keystone XL oil pipeline, but no matter what actions are taken in Washington, the entire 1,179-mile project could be delayed until Nebraska signs off on the route.
After several years of intense debate, the routing process is before the Nebraska Supreme Court, and depending on how the justices rule, months or years could pass before construction begins in that state.
Even if approval comes from Washington and the high court, opponents are looking for new ways to block the project, including filing a federal lawsuit on behalf of Native American tribes in Nebraska and South Dakota over the possible disruption of Indian artifacts.
The court is considering whether an obscure agency known as the Nebraska Public Service Commission must review the pipeline before it can cross the state, one of six on the pipeline's route. Gov. Dave Heineman gave the green light in 2013 without the involvement of the panel, which normally regulates telephones, taxis and grain bins.
The justices have given no indication when they will render a decision.
President Barack Obama has said he is waiting for the court's decision, and the White House on Tuesday threatened to veto the bill in what was expected to be the first of many confrontations with the new Congress over energy and environmental policy. |
|
|
|
|
|
|
Suspect in trooper shooting case heads to court
Headline Court News |
2015/01/05 15:09
|
A man who eluded police for 48 days after allegedly shooting to death a state trooper and wounding another is due in court for a preliminary hearing which could decide whether his case goes to county court for trial.
A Pennsylvania district judge must decide Monday whether there are sufficient grounds to send the case against Eric Frein, 31, to county court.
Frein has been charged with shooting Cpl. Bryon Dickson and Trooper Alex Douglass Sept. 12 outside their state police station in northeastern Pennsylvania. He was captured Oct. 30 at an abandoned airplane hangar in the Pocono Mountains.
Authorities say Frein confessed to what he described as an assassination designed to "wake people up" and result in a change in government. Dickson was killed and Douglass was wounded.
Prosecutors are seeking the death penalty. Frein was identified as a suspect shortly after the shootings when a passer-by found his vehicle partially submerged in a small pond near the state police station.
The manhunt, with drew a large police force to the rural area, frightened residents as there were numerous reported sightings of Frein, an expert marksman. A team of federal marshals performing a systematic search stumbled across him about 30 miles from the scene of the shooting and were able to arrest him.
|
|
|
|
|
|
|
Egypt court bans festival honoring Moroccan rabbi
Headline Court News |
2014/12/31 09:50
|
An Egyptian court has banned an annual festival in honor of Moroccan rabbi that was regularly attended by hundreds of Jewish pilgrims, mainly from Israel and Morocco.
After the 1979 peace treaty with Israel, Egypt began allowing organized trips to the tomb of Yaakov Abu Hatzira in the Nile Delta north of Cairo. The Culture Ministry declared the site an Egyptian monument.
The Administrative Court of Alexandria on Monday banned the visits and stripped the ministry's designation. It acted on a complaint filed by local residents who objected to the mingling of men and women and the consumption of alcohol at the festival. |
|
|
|
|
|
|
Nevada court says Strip club dancers are employees
Headline Court News |
2014/11/04 14:45
|
In a legal decision with wide implications for strip clubs in Sin City, the Nevada Supreme Court ruled Thursday that dancers at one Las Vegas club are employees, not independent contractors, and are entitled to be paid minimum wage.
The unanimous ruling Thursday in a 2009 class-action lawsuit filed on behalf of six dancers at Sapphire Gentlemen's Club could change the landscape statewide in a business where dancers have for decades depended on tips and even paid "house fees" to establishments that allowed them to work.
"Given that Sapphire bills itself as the 'World's Largest Strip Club,' and not, say, a sports bar or nightclub," the high court said, "we are confident that the women strip-dancing there are useful and indeed necessary to its operation."
Mick Rusing, the Tucson, Arizona, attorney who represented plaintiff Zuri-Kinshasa Maria Terry and five other dancers in the initial case, said the ruling might directly effect more than 6,500 current and former members of the affected class, dating to about 2006.
Rusing said they could be entitled to a combined $40 million in back wages, plus the return of house fees.
"And it keeps going up every month," Rusing said. "As employees, you get a lot of rights. The girls are entitled to be paid. At very least, minimum wage."
Sapphire officials and the attorneys who represented the company before the Supreme Court didn't immediately respond to messages.
The Supreme Court ruling, written by Justice Kristina Pickering, declared clubs are not exempt from provisions of the federal Fair Labor Standards Act.
That includes worker compensation and sexual harassment rules, Rusing said. |
|
|
|
|
|
|
High court action on voting aims to avoid chaos
Headline Court News |
2014/10/13 16:31
|
In seemingly contradictory voting-rights actions just a month before November's elections, the Supreme Court has allowed new Republican-inspired restrictions to remain in force in North Carolina and Ohio while blocking Wisconsin's voter identification law.
But there's a thread of consistency: In each case, the court appears to be seeking a short-term outcome that is the least disruptive for the voting process.
Another test of the court's outlook on voter ID laws could come from Texas, where the state is promising to appeal a ruling that struck down its strict law as unconstitutional racial discrimination.
None of the orders issued by the high court in recent days is a final ruling on the constitutionality of the laws. The orders are all about timing — whether the laws can be used in this year's elections — while the justices defer consideration of their validity.
In some ways, these disputes over the mechanics of voting are like others that crop up frequently just before elections as part of last-minute struggles by partisans to influence who can vote.
Republican lawmakers say the measures are needed to reduce voter fraud. Democrats contend they are thinly veiled attempts to keep eligible voters, many of them minorities supportive of Democrats, away from the polls.
Court rulings at various levels have also revealed partisan divisions. Most judges who voted to uphold the restrictive laws or allow them to take effect while the legal fights play out are Republican appointees. Most of those voting to strike down the laws or prevent them from being enforced were appointed by Democratic presidents. That is true even at the Supreme Court.
The high court has laid out one area of agreement: a general rule discouraging courts in general from letting potentially disruptive changes take effect at the last minute.
"The idea that courts should not impose a new set of voting rules just before an election is not a new one," said Richard Hasen, an election law expert at the University of California at Irvine law school.
This year, that idea appears to have led the Supreme Court to outcomes that on the surface appear to be inconsistent, Hasen said. One problem in reading too much into the orders is that they were issued with little explanation.
But in each case, the court took issue with lower court rulings that would have changed the rules too close to an election, Hasen said. |
|
|
|
|
|
|
Court throws out Chiquita terror payment claims
Headline Court News |
2014/07/28 13:14
|
A divided federal appeals court on Thursday threw out claims potentially worth billions of dollars against produce giant Chiquita Brands International made by relatives of thousands of Colombians killed during years of bloody civil war.
A panel of the 11th U.S. Circuit Court of Appeals ruled 2-1 that federal courts have no jurisdiction over the Colombian claims. The lawsuits accused Chiquita of assisting in the killings by paying $1.7 million to a violent right-wing paramilitary group known as the AUC, the Spanish acronym for United Self-Defense Forces of Colombia.
Chiquita, based in Charlotte, North Carolina, formerly operated large banana plantations in Colombia through its Banadex subsidiary. Chiquita insists it was the victim of extortion and was forced to pay the AUC or face violence directed at its employees and assets in Colombia.
The majority cited a 2013 U.S. Supreme Court ruling known as Kiobel vs. Royal Dutch Petroleum that imposed limits on attempts by foreigners to use U.S. courts to seek damages against corporations for human rights abuses abroad. Chiquita had insisted that ruling meant the Colombians' lawsuit had to be tossed out.
"We are gratified that the U.S. Court of Appeals has now agreed with us and the claims have been dismissed," said Chiquita spokesman Ed Loyd in an email statement. "The decision reinforces what Chiquita has maintained from the beginning — that Chiquita is not responsible for the tragic violence that has plagued Colombia." |
|
|
|
|
|
|
Court rules against HealthSouth in auditor dispute
Headline Court News |
2014/06/16 14:41
|
The Alabama Supreme Court ruled against Birmingham-based HealthSouth Corp. on Friday in a legal dispute linked to the accounting fraud that rocked the rehabilitation company more than a decade ago.
The justices rejected an appeal filed by HealthSouth in a legal fight involving its one-time auditing company, Ernst & Young.
Shareholders filed a complaint on behalf of HealthSouth blaming Ernst & Young for failing to detect the $2.6 billion accounting scam that occurred under former CEO Richard Scrushy, who was acquitted of criminal charges in 2005. A civil court later held him responsible for the swindle.
An arbitration panel ruled against HealthSouth in a complaint aimed at making Ernst & Young share responsibility for the fraud, and HealthSouth appealed to Jefferson County Circuit Court. That court sided with the auditor, and HealthSouth appealed again.
The Supreme Court, in a decision written by Justice James Main, upheld the ruling against HealthSouth. The justices said there was no evidence the arbitration decision against HealthSouth was fundamentally unfair or that the panel engaged in any misconduct.
Evidence showed HealthSouth inflated its earnings by some $2.6 billion from the late 1990s through the early 2000s, when the scheme was uncovered. Fifteen HealthSouth employees pleaded guilty and jurors convicted one other.
Scrushy blamed everything on underlings but later served time in federal prison after being convicted in a bribery scheme involving former Gov. Don Siegelman, who remains in prison in Oakdale, La.
Scrushy, who maintains his innocence to all charges, now lives in Texas and sometimes lectures about corporate fraud. |
|
|
|
|
|
Legal News RSS Feed
