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Appeals court sides with tribes in fight over land decisions
Industry News |
2015/06/05 00:25
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In a victory for Native American tribes, an appeals court ruled Thursday that states cannot use negotiations for a Native American casino to challenge the federal government's decisions to recognize a tribe and set aside land for it.
An 11-judge panel of the 9th U.S. Circuit Court of Appeals said states have to use a separate process to contest those decisions and have a window of six years to file their challenge.
The decision removes the uncertainty many tribes faced about their land status after a smaller 9th Circuit panel reached a different conclusion, said Joe Webster, a partner with the Washington, D.C.-based law firm of Hobbs Straus Dean & Walker who was closely watching the case.
"This is certainly an important decision for tribes," he said.
The ruling came in a fight between California and the Humboldt County-based Big Lagoon Rancheria over the tribe's plan for a Las Vegas-style casino.
The tribe accused the state in a lawsuit of failing to negotiate a casino deal in good faith, and largely won its case in federal district court. A call to the state attorney general's office for comment about Thursday's ruling wasn't immediately returned.
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Court: State can’t order unions, companies to reach binding contracts
Industry News |
2015/05/18 11:26
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A California appeals court sided with one of the largest fruit farms in the nation, ruling that a law allowing the state to order unions and farming companies to reach binding contracts was unconstitutional.
Labor activists say the mandatory mediation and conciliation law is a key to helping farm workers improve working conditions.
However, the 5th District Court of Appeal said Thursday it does not clearly state the standards that the contracts are supposed to achieve.
The ruling came in a fight between Gerawan Farming and the United Farm Workers, the union launched by Cesar Chavez. The union won the right to represent Gerawan workers in 1992, but the two sides did not agree to a contract.
At the union’s request, the state Agricultural Labor Relations Board in 2013 ordered Gerawan and the UFW to enter into binding mediation. The two sides couldn’t come to an agreement so a deal was crafted by the mediator and adopted by the labor relations board, the appeals court said. Gerawan objected to the terms. |
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Court hears appeal in terror-related custody dispute
Industry News |
2015/03/27 16:35
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A lawyer for a radical Muslim convert imprisoned for supporting terrorism urged a federal appeals court Thursday to revive the man's parental rights lawsuit, which a judge had dismissed as frivolous. Jason LaFond told a three-judge panel of the 4th U.S. Circuit Court of Appeals that Zachary Chesser's complaint against his mother and FBI agents, while lengthy and complicated, was not fanciful and was supported by numerous documents. The judge who dismissed the lawsuit "didn't say whether it was factually or legally frivolous, but it was neither," LaFond said. Court papers show that Chesser attempted to join the al-Shabab terrorist group in Somalia, taking his baby with him to the airport in an attempt to look less suspicious. It didn't work. Chesser, who had attracted law enforcement attention after posting threats against the creators of "South Park" for cartoons he felt insulted the prophet Muhammad, was arrested and pleaded guilty in 2010 to attempting to support terrorist groups and threatening violence online. He was sentenced to 25 years in prison. |
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Mexican Supreme Court orders release of man in 1992 murders
Industry News |
2015/03/20 13:13
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Mexico's Supreme Court on Wednesday ordered the release of a Mexican-American jailed on a homicide conviction since 1992, ruling he had been tortured.
The court's ruling applied to the long-disputed conviction of Alfonso Martin del Campo Dodd in the murder of his sister and brother-in-law. It has been one of Mexico's longest and hardest-fought legal cases.
Lawyers for the dead couple's now-grown daughters criticized Wednesday's ruling, saying it was a blow to victims' rights.
"This is an offense to the victims," said Samuel Gonzalez, a former top anti-drug prosecutor who has helped defend victims' rights. "The victims did not get justice."
The court said police tortured Martin Del Campo Dodd into confessing to the killings, citing administrative proceedings filed against one officer two years after Campo Dodd was arrested. The court said he should be freed "in light of the proof that torture was used to obtain his confession in the two crimes, without there being any other incriminatory evidence."
The Mexican government fought for years to keep Martin Del Campo Dodd in prison despite pressure from abroad to release him. He holds U.S. and Mexican citizenship.
The couple were stabbed to death in their Mexico City home. Martin del Campo Dodd was at the home and said two masked assailants kidnapped him and stuffed him into the trunk of a car, which they later abandoned.
He signed a confession to the killings, but later claimed he did it under torture. He was sentenced to 50 years behind bars for the murder. |
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