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High court won't hear Nevada patient dumping case
Lawyer News | 2015/07/01 14:06
The Supreme Court won't hear an appeal from Nevada over a lawsuit that claims the state wrongfully bused indigent psychiatric patients to San Francisco without paying the costs of their medical care.
 
The justices on Tuesday let stand a lower court decision that said California state courts have authority to hear the case challenging Nevada's discharge policies.

San Francisco is seeking $500,000 in reimbursement costs for treating 29 patients who were given vouchers for one-way bus tickets to California. It also wants an order barring Nevada from sending over any more patients.

A California Superior Court judge ruled that Nevada could be sued in California because it knew San Francisco would have to spend money on the patients.

Nevada claims the lawsuit interferes with its sovereign powers.


Dispute over union fees could return to Supreme Court
Lawyer News | 2015/06/24 09:08
Powerful public-sector unions are facing another high-profile legal challenge that they say could wipe away millions from their bank accounts and make it tougher to survive.
 
A group of California schoolteachers, backed by a conservative group, wants the Supreme Court to rule that unions representing government workers can't collect fees from those who choose not to join.

Half the states currently require state workers represented by a union to pay "fair share" fees covering bargaining costs, even if they are not members. The justices could decide as soon as next week whether to take the case.

Union opponents say it violates the First Amendment to require fees from nonmembers that may go to causes they don't support. They want the high court to overturn a 38-year-old precedent allowing the fees.



Appeals court sets aside conviction of bin Laden assistant
Lawyer News | 2015/06/10 17:28
A federal appeals court has set aside the military commission conviction of a Guantanamo Bay detainee who allegedly produced an al-Qaida recruiting video and served as Osama bin Laden's personal assistant and public relations secretary.
   
The U.S. Court of Appeals for the District of Columbia Circuit ruled 2-1 that the conspiracy case against the detainee was legally flawed because conspiracy is not a war crime. The detainee is Ali Hamza al-Bahlul.

The system of military commissions was created by the administration of President George W. Bush after the Sept. 11 terrorist attacks.

The Obama administration argued that Congress acted within its authority in making conspiracy a crime that could be tried by military commission.

Al-Bahlul's lawyers argued that military commissions can only try offenses under the law of war.



Another Arizona immigration law dismantled by the courts
Lawyer News | 2015/06/04 00:25
The U.S. Supreme Court landed the final blow against an Arizona law that denied bail to immigrants who are in the country illegally and are charged with certain felonies, marking the latest in a series of state immigration policies that have since been thrown out by the courts.

The nation's highest court on Monday rejected a bid from metro Phoenix's top prosecutor and sheriff to reinstate the 2006 law after a lower appeals court concluded late last year that it violated civil rights by imposing punishment before trial.

While a small number of Arizona's immigration laws have been upheld, the courts have slowly dismantled most of the other statutes that sought to draw local police into immigration enforcement.

"At this point, we can say that was a failed experiment," said Cecillia Wang, an attorney for the American Civil Liberties Union who led the challenge of the law. "Like the rest of the country, Arizona should move on from that failed experiment."

Voters overwhelmingly approved the no-bail law as the state's politicians were feeling pressure to take action on illegal immigration. It automatically denied bail to immigrants charged with a range of felonies that included shoplifting, aggravated identity theft, sexual assault and murder.



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