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Court: FAA must reconsider regulating airline seat size
Industry News |
2017/08/03 10:11
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An appeals court panel said Friday that federal officials must reconsider their decision not to regulate the size of airline seats as a safety issue.
One of the judges called it “the Case of the Incredible Shrinking Airline Seat.”
The Flyers Rights passenger group challenged the Federal Aviation Administration in court after the agency rejected its request to write rules governing seat size and the distance between rows of seats.
On Friday, a three-judge panel for the federal appeals court in Washington said the FAA had relied on outdated or irrelevant tests and studies before deciding that seat spacing was a matter of comfort, not safety.
The judges sent the issue back to the FAA. They said the agency must come up with a better-reasoned response to the group’s safety concerns.
“We applaud the court’s decision, and the path to larger seats has suddenly become a bit wider,” said Kendall Creighton, a spokeswoman for Flyers Rights.
The passenger group says small seats that are bunched too close together slow down emergency evacuations and raise the danger of travelers developing vein clots.
FAA spokesman Ian Gregor said the agency was considering the ruling and its next steps. He said the FAA considers the spacing between seat rows when testing to make sure that airliners can be evacuated safely.
The airline industry has long opposed the regulation of seat size. Its main U.S. trade group, Airlines for America, declined to comment on the ruling. |
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Man suspected in Indiana officer's killing due in court
Industry News |
2017/08/02 10:12
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A man suspected in the fatal shooting of a police officer in Indianapolis is due in court as prosecutors weigh formal charges in the case.
Twenty-eight-year-old Jason Brown remains held without bond on suspicion of murder in Thursday's killing of Southport police Lt. Aaron Allan.
Indianapolis police spokesman Sgt. Kendale Adams says Brown was expected to be moved from a hospital to Marion County's jail for his initial hearing Tuesday.
Brown was hospitalized after another officer shot him following Allan's shooting. He has not been formally charged.
An affidavit filed Friday says Brown was "hysterical" and dangling upside down in his overturned car as Allan approached to help after Brown's speeding car overturned. It says Brown opened fire on Allen, who suffered 14 gunshot wounds.
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Idaho Supreme Court upholds grocery tax veto
Industry News |
2017/07/21 13:23
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The Idaho Supreme Court on Tuesday upheld Gov. C.L. "Butch" Otter's contentious veto of legislation repealing the state's 6 percent sales tax on groceries.
The high court's decision comes after 30 state lawmakers filed a lawsuit claiming Otter took too long to veto the grocery tax repeal because he waited longer than 10 days as outlined in the Idaho Constitution.
Otter, along with other top elected officials, countered he was just following a 1978 high court ruling that said the veto deadline only kicks after it lands on his desk. The lawsuit originally singled out Secretary of State Lawerence Denney because he verified the governor's veto. Otter was later named in the challenge at the Republican governor's request because he argued that it was his veto that sparked the lawsuit.
However, the justices disagreed with Otter. Nestled inside their 21-page ruling, the court overruled the previous 1978 decision — a rare move inside the courts due to a preference to follow prior judicial precedent— because they argued the Constitution clearly states the deadline starts when the Legislature adjourns for the year. That part of the Tuesday's decision will only apply to future legislative sessions and not the grocery tax repeal case nor any other prior vetoes.
"The 1978 decision did not interpret the Constitution; it purported to rewrite an unambiguous phrase in order to obtain a desired result," the justices wrote.
Otter's spokesman did not respond to request for comment, though Otter is currently hospitalized recovering from back surgery and an infection. Denney's office also did not return request for comment.
For many Idahoans, Tuesday's ruling won't result in changes at the grocery checkout line. They will continue paying the tax and the state won't be at risk of losing the tax revenue, which helps pay for public schools and transportation projects. Instead, it's the Idaho Legislature that will face dramatic changes when handling bills at the end of each session. |
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Hearing In San Diego Unified Suit Against The College Board
Industry News |
2017/07/12 10:28
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Judge Michael M. Anello will hear San Diego Unified's motion for a temporary restraining order in federal court 4 p.m. Friday, according to court records. The district filed a lawsuit Friday against the College Board and Educational Testing Services, the company that administers Advanced Placement tests, seeking to have the results of 844 voided Scripps Ranch High School AP exams released.
The district, along with 23 students, is alleging that withholding the scores is a breach of contract. The students say they would face thousands of dollars in damages if they miss out on college credits because of the decision.
An attorney for the San Diego Unified School District was in court Monday seeking a temporary restraining order on a College Board ruling to invalidate several hundred Advanced Placement exams taken at Scripps Ranch High School in May. The testing nonprofit voided the tests after learning the school did not follow proper seating protocols.
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Supreme Court deadline nears for suit over wetland loss
Industry News |
2017/07/11 11:54
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A Louisiana flood board is nearing a deadline for asking the U.S. Supreme Court to review its lawsuit seeking to make oil and gas companies pay for decades of damage to coastal wetlands.
Federal district and appeals courts have rejected the lawsuit, which was met by fierce opposition from the energy industry and many in state government when it was filed in 2013. The suit by the Southeast Louisiana Flood Protection Authority East said drilling and dredging activity contributed to loss of wetlands that form a hurricane buffer for New Orleans.
Oil industry supporters have labeled the lawsuit an attack on a vital industry. Tuesday marks the deadline for the flood board attorneys to seek Supreme Court review after their last defeat in April.
A federal district judge's 2015 ruling held that federal and state law provided no avenue by which the board could bring the suit.
A three judge panel of the 5th U.S. Circuit Court of Appeals upheld the ruling in March and the full 15-member court refused a rehearing in April. Lawyers for the flood board had a 90-day window to seek Supreme Court review.
Flood authority lawyers have argued that the flood board has the right to seek compensation for levee damage under the federal Rivers and Harbors Act. They also argued that federal judges should not have allowed the case to be moved to federal court from the state court where it originally was filed.
Meanwhile, some coastal parishes are pursuing coastal damage suits in state courts on different legal grounds. Gov. John Bel Edwards, a Democrat, has urged the energy companies to work toward a settlement. Industry leaders have resisted, saying the suits are meritless.
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Groups sue seeking court oversight of Chicago police reforms
Industry News |
2017/06/14 23:47
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Several leading community groups filed a class-action lawsuit against the city of Chicago Wednesday in a bid to bypass or even scuttle a draft agreement between the city and the U.S. Department of Justice that seeks to reform the nation's second largest police force without federal court oversight.
The more than 100-page lawsuit filed in U.S. District Court in Chicago argues that an overhaul of Chicago's 12,000-officer force in the wake of a damning civil rights report in January can't work without the intense scrutiny of a court-appointed monitor answerable to a judge.
"Absent federal court supervision, nothing will improve," the lawsuit says. "It is clear that federal court intervention is essential to end the historical and on-going pattern and practice of excessive force by police officers in Chicago."
While President Donald Trump's attorney general, Jeff Sessions, has expressed skepticism about court involvement, President Barack Obama's administration saw it as vital to successful reforms. Obama's Justice Department typically took a city reform plan to a judge to make it legally binding in the form of a consent decree.
Wednesday's lawsuit — which names Black Lives Matters Chicago among the plaintiffs — asks for a federal court to intervene and order sweeping reforms to end the "abusive policies and practices undergirding the alleged constitutional and state law violations."
Mayor Rahm Emanuel's administration said earlier this month that a draft deal negotiated by the city and the Justice Department — one that foresees a monitor not selected by a court — is being reviewed in Washington. Justice Department spokesman Devin O'Malle cautioned last week that "there is no agreement at this time."
A lead attorney in the new lawsuit, Craig Futterman, a University of Chicago law professor and outspoken advocate for far-reaching police reforms, said in a telephone interview that reports about the draft influenced the decision to sue now.
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Trump tabs Minnesota Justice Stras for federal appeals court
Industry News |
2017/05/07 16:07
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Minnesota Supreme Court Associate Justice David Stras, who was nominated by President Donald Trump to the 8th U.S. Circuit Court of Appeals on Monday, once clerked for U.S. Supreme Court Justice Clarence Thomas and believes in a limited role for the judiciary.
Stras, 42, a former University of Minnesota Law School professor, was on Trump's list of possible Supreme Court nominees. The 8th Circuit serves Minnesota, North Dakota, South Dakota, Iowa, Nebraska, Missouri, and Arkansas.
The nomination is subject to Senate confirmation. Sen. Al Franken, a member of the Senate Judiciary Committee, said in a statement he would take a close look at Stras' record. He criticized a nomination process that he said "relied heavily on guidance from far-right ... special interest groups."
Stras planned to issue a statement later Monday.
When Stras was appointed to the Minnesota court in 2010 by then-Gov. Tim Pawlenty, Thomas traveled to Minnesota to administer the oath.
"I remain mindful that the role of a judge is a limited one, and that judges can't solve every problem," Stras said then. "But at the same time, judges play a crucial role in safeguarding liberty and protecting the rights of all citizens."
Stras has held to those beliefs, said Peter Knapp, a professor at Mitchell Hamline School of Law. |
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