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Case of American jailed in Cuba back in US court
Legal Topics |
2014/09/22 23:52
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An attorney for a Maryland man who has spent over four years jailed in Cuba argued before a federal appeals court that his client should be allowed to sue the U.S. government over his imprisonment.
An attorney for Alan Gross, who was a government subcontractor when he was detained in Cuba in 2009, appeared Friday before a three-judge panel of the U.S. Court of Appeals for the District of Columbia Circuit.
A lower court judge dismissed Gross' lawsuit against the government in 2013, but Gross' lawyers appealed.
Gross was arrested while setting up Internet in Cuba as part of a project for the government's U.S. Agency for International Development. Cuba considers USAID's programs illegal attempts by the U.S. to undermine its government and Gross was given a 15-year prison sentence. |
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Court: IURC erred in approving Duke fee hike
Legal Topics |
2014/09/09 23:01
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The Indiana Court of Appeals has determined that state utility regulators wrongly approved $61 million in ratepayer fees for the Edwardsport coal gasification plant.
Duke Energy is seeking the money to cover construction costs for the new plant. But Appeals Court Judge James Kirsch wrote in an opinion issued Monday that members of the Indiana Utility Regulatory Commission should have better analyzed arguments from Duke Energy and plant opponents before approving the fee increase.
Duke officials have said a three-month delay led to increased project costs. But opponents led by the Citizens Action Coalition have argued that IURC regulators have been "rubber-stamping" fees and a rate hike sought by Duke.
The case is one of many surrounding the Edwardsport plant that is locked in battle inside the Indiana courts. |
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Ohio to court: Privatizing prisons in budget is legal
Areas of Focus |
2014/09/08 23:01
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State lawyers tell the Ohio Supreme Court that using a budget bill to privatize state prisons didn’t violate a constitutional provision holding bills to a single subject.In a brief filed today, Ohio said the state’s budget, like any family’s, involves both revenues and expenses — not just appropriations.
The filing comes in a legal dispute with the Ohio Civil Service Employees Association. The prison workers’ union filed suit over privatization in 2012, contending that lawmakers extended beyond the single-subject rule when they used the budget to sell a state prison and turn others over to private operators.
An appellate court agreed, finding in October there was no “rational relationship” between the privatization plan and state spending.The state says privatization saved Ohio money and so had “obvious budget connections.” |
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Hawaii, Idaho, Nevada gay marriage laws in court
Areas of Focus |
2014/09/07 23:01
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For the first time since it declared California's gay marriage ban unconstitutional, the federal appeals court in San Francisco is readying to hear arguments over same-sex weddings in a political and legal climate that's vastly different than when it overturned Proposition 8 in 2012.
State and federal court judges have been striking down bans in more than a dozen states at a rapid rate since a landmark U.S. Supreme Court ruling last year.
Now, three judges on the 9th U.S. Circuit Court of Appeals — all appointed by Democrats and one of whom wrote the opinion overturning Proposition 8 — are set to hear arguments Monday on gay marriage bans in Idaho, Nevada and Hawaii.
"It seemed like such an uphill battle when I started," said Shannon Minter, legal director for the National Center for Lesbian Rights. "I really couldn't imagine then that we would be where we are now."
Minter has been fighting for gay marriage for 21 years, was instrumental in challenging bans in California and Utah and is representing gay couples seeking to overturn Idaho's prohibition. |
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NC Supreme Court again weighs Duke Energy rates
Areas of Focus |
2014/09/06 23:01
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North Carolina's highest court is examining whether state utilities regulators correctly weighed the consumer impact of two rate increases for a Duke Energy operating unit.
The state Supreme Court was scheduled to hear arguments Monday in two lawsuits in which Attorney General Roy Cooper argues regulators didn't sufficiently consider the size of rate increases. The two rate cases involve Duke Energy Carolinas, a Duke Energy subsidiary serving customers in Durham and western North Carolina.
One case involves a 4.5 percent average increase approved last year for two years, growing to a 5.1 percent increase thereafter. The second involves a 7.2 percent rate increase originally approved in 2012. Consumers are already paying the higher rates.
Cooper appealed the 2012 rate increase and the Supreme Court last year ordered the North Carolina Utilities Commission to reconsider its size in light of its effect on customers. The commission did, but came to the same conclusion.
Cooper's staff attorneys argued in court filings that regulators didn't really make the findings of fact about the effect of changing economic conditions on customers required by the Supreme Court in last year's ruling. |
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Texas abortion clinic to reopen after court ruling
Legal Business |
2014/09/04 23:47
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Women in South Texas facing a 200-mile drive for access to legal abortions learned Wednesday that a local clinic shuttered by a sweeping anti-abortion law would reopen, marking the first tangible effect of a court ruling last week that blocked key parts of the state law.
Whole Woman's Health clinic in McAllen, a city near the Mexico border, closed in March after its doctors said they couldn't obtain admitting privileges at nearby hospitals as the state now requires. But a federal judge ruled Friday that the law created unconstitutional barriers to abortions in South Texas, and the clinic is now set to reopen later this week, chief executive Amy Hagstrom Miller said.
Questions are now also being raised about whether the ruling had other broader ramifications than first thought.
U.S. District Judge Lee Yeakel made two key rulings in Friday's 21-page decision. He struck down a mandate that required all abortion clinics in Texas to adopt costly hospital-level operating standards and exempted clinics in McAllen and El Paso from an already upheld requirement that doctors who perform abortions obtain admitting privileges at nearby hospitals.
A four-day trial last month narrowly focused on the El Paso and McAllen areas because clinics there serve regions where access to abortions would otherwise be particularly difficult. But language Yeakel included in a separate final judgment has left some questioning whether his order — inadvertently or not — banned the admitting-privileges law at all Texas abortion clinics. |
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Court agrees to review Alaska Roadless Rule case
Headline Legal News |
2014/09/02 23:47
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A full federal appeals court will review the decision allowing Alaska's Tongass National Forest to be exempt from federal restrictions on road-building and timber harvests in "roadless" areas."
The 9th U.S. Circuit Court of Appeals on Friday announced an 11-member panel will review a split decision rendered by a three-judge panel in March, which said the U.S. Department of Agriculture had legitimate grounds in 2003 to temporarily exempt the Tongass from the Roadless Rule.
Earthjustice attorney Tom Waldo said by phone from Juneau that the decision was great news for residents of southeast Alaska.
"This case is about the wild and undeveloped part of the Tongass, which are really important for hunting, fishing, tourism and recreation," he said. "These are the driving forces of the local economy, and today's order ensures that those places will remain protected until the court can give the issue a thorough review."
"Today's decision is extremely disappointing," said Sharon Leighow, spokeswoman for Gov. Sean Parnell. "It was the state's position that this case did not meet the criteria for a rehearing and was properly decided by the three-judge panel."
"As a result of today's ruling, the status of the Roadless Rule in the Tongass will remain in doubt well into 2015, further harming the economy in Southeast Alaska," she said in a statement. |
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