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Australian man loses bullying-by-breaking wind court case
Industry News |
2019/03/29 11:05
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An Australian appeals court on Friday dismissed a bullying case brought by an engineer who accused his former supervisor of repeatedly breaking wind toward him.
The Victoria state Court of Appeal upheld a Supreme Court judge's ruling that even if engineer David Hingst's allegations were true, flatulence did not necessarily constitute bullying.
Hingst said he would take his case to the High Court, Australia's final court of appeal. The 56-year-old is seeking 1.8 million Australian dollars ($1.3 million) damages from his former Melbourne employer, Construction Engineering.
Hingst testified that he had moved out of a communal office space to avoid supervisor Greg Short's flatulence.
Hingst told the court that Short would then enter Hingst's small, windowless office several times a day and break wind.
Hingst "alleged that Mr. Short would regularly break wind on him or at him, Mr. Short thinking this to be funny," the two appeal court judges wrote in their ruling.
Hingst said he would spray Short with deodorant and called his supervisor "Mr. Stinky."
"He would fart behind me and walk away. He would do this five or six times a day," Hingst said outside court.
Short told the court he did not recall breaking wind in Hingst's office, "but I may have done it once or twice."
Hingst also accused Short of being abusive over the phone, using profane language and taunting him.
The appeal judges found Hingst "put the issue of Mr. Short's flatulence to the forefront" of his bullying case, arguing that "flatulence constituted assaults."
The court found that Short did not bully or harass Hingst. Hingst had failed to establish that Construction Engineering had been negligent. |
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High court questions courts’ role in partisan redistricting
Industry News |
2019/03/23 11:07
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The Supreme Court’s conservative majority sounded wary Tuesday of allowing federal judges to determine when electoral maps are too partisan, despite strong evidence that the political parties drew districts to guarantee congressional election outcomes.
The decisions in two cases the justices heard Tuesday, from Maryland and North Carolina, could help shape the makeup of Congress and state legislatures for the next decade in the new districts that will be created following the 2020 census.
In more than two hours of arguments over Republican-drawn congressional districts in North Carolina and a single congressional district drawn to benefit Democrats in Maryland, the justices on the right side of the court asked repeatedly whether unelected judges should police the partisan actions of elected officials.
“Why should we wade into this?” Justice Neil Gorusch asked.
Gorsuch and Justice Brett Kavanaugh pointed out that voters in some states and state courts in others are imposing limits on how far politicians can go in designing districts that maximize one party’s advantage.
Gorsuch said the court’s 2015 ruling upholding Arizona voters’ decision to take redistricting away from the legislature and create an independent commission shows there are other ways to handle the issue. That case was decided by a 5-4 vote before Gorsuch joined the court, with four conservatives in dissent. |
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Court reinstates late Aaron Hernandez's murder conviction
Industry News |
2019/03/15 16:32
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Massachusetts' highest court on Wednesday reinstated the late Aaron Hernandez's murder conviction, which was erased after the former NFL star killed himself in prison.
The Supreme Judicial Court also scrapped the legal principle that wiped out Hernandez's conviction for future cases, calling it "outdated and no longer consonant with the circumstances of contemporary life."
"We are pleased justice is served in this case, the antiquated practice of vacating a valid conviction is being eliminated and the victim's family can get the closure they deserve," Bristol County District Attorney Thomas M. Quinn III said in a tweet.
Hernandez was convicted in 2015 of killing semi-professional football player Odin Lloyd. Two years later, the 27-year-old killed himself in his prison cell days after being acquitted of most charges in a separate double-murder case.
A judge threw out Hernandez's conviction that year, citing the legal principle that holds that a defendant convicted at trial who dies before an appeal is heard should no longer be considered guilty in the eyes of the law, thereby returning the case to its pretrial status. |
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Dominion to ask Supreme Court to hear pipeline appeal
Industry News |
2019/02/27 11:14
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Dominion Energy said Tuesday it will ask the U.S. Supreme Court to hear its appeal after a lower court refused to reconsider a ruling tossing out a permit that would have allowed the Atlantic Coast Pipeline to cross two national forests, including parts of the Appalachian Trail.
Lead pipeline developer Dominion said it expects the filing of an appeal in the next 90 days. On Monday, the 4th U.S. Circuit Court of Appeals rejected a request for a full-court rehearing from Dominion and the U.S. Forest Service.
A three-judge panel ruled in December that the Forest Service lacks the authority to authorize the trail crossing and had "abdicated its responsibility to preserve national forest resources" when it approved the pipeline crossing the George Washington and Monongahela National Forests, as well as a right-of-way across the Appalachian Trial.
The 605-mile (974-kilometer) natural gas pipeline would originate in West Virginia and run through North Carolina and Virginia.
The appellate ruling came in a lawsuit filed by the Southern Environmental Law Center on behalf of the Sierra Club, Virginia Wilderness Committee and other environmental groups. The denial "sends the Atlantic Coast Pipeline back to the drawing board," the law center and Sierra Club said in a joint statement on Monday. |
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