High court sides with Goodyear in sanctions dispute
Attorney News | 2017/04/17 20:57
A unanimous Supreme Court is siding with Goodyear Rubber & Tire Co. in a dispute over $2.7 million the company and its lawyers were ordered to pay in a personal injury case.

The justices on Tuesday sent the case back to a lower court to decide whether an Arizona family injured in a 2003 motor home accident is entitled to the entire amount.

The family sued Goodyear after they were seriously injured when a tire failed on their motor home, causing it to flip off the road. After settling the case in 2010, the family discovered the company hadn't turned over key testing data.

A federal judge said nearly all of the family's attorney fees could be blamed on the misconduct. A federal appeals court agreed.


Court document: Hawaii mother’s body parts found in freezer
Headline Legal News | 2017/04/15 20:58
A Hawaii man accused of killing his mother months ago stuffed her dismembered body parts in seven plastic bags in the kitchen freezer of the Waikiki apartment they shared, according to court documents made public Monday.

Yu Wei Gong has been charged with second-degree murder in the death of Liu Yun Gong.

He called 911 on April 11 and said: “’I killed my Mom,’” according to a detective’s affidavit supporting an arrest warrant. When officers arrived and could not find the woman, Gong told them she was “in the fridge,” the complaint said.  

An officer found what appeared to be body parts.

“Another covered object in the freezer felt to a different officer like a human leg and foot,” the complaint said.

Yu Wei Gong didn’t speak or enter a plea during a brief court appearance Monday. Deputy Public Defender Diamond Grace requested a Mandarin interpreter for his preliminary hearing, scheduled for Wednesday. He remained in custody with bail set at $2 million.

Grace didn’t immediately return a phone message seeking comment after the hearing.

Authorities say Yu Wei Gong told officers that he accidentally killed his mother in September after she became angry when the 26-year-old said he wanted to work instead of going to school.

Deputy Medical Examiner Dr. Rachel Lange determined Liu Yun Gong had suffered blunt force injuries to the head, the complaint said. Her identity was confirmed by comparing fingerprints to those on file under her Hawaii driver’s license.

The manager of the apartment building where they lived told police he had not seen the man’s mother since before Christmas, the complaint said.

It said Liu Yun Gong did not show up for work on Aug. 21, 2016. When a supervisor called her phone, it went unanswered. Yu Wei Gong called the supervisor the next day, saying his mother was on another Hawaiian island and had left her phone at home.

Three women watched the hearing and said outside court they wanted to support Gong spiritually because he had attended their church.


Newest justice joins high court amid competing caricatures
Court Watch | 2017/04/13 15:37
Somewhere between the Republican caricature of the next justice of the Supreme Court as a folksy family guy and the Democrats' demonization of him as a cold-hearted automaton, stands Neil Gorsuch.

Largely unknown six months ago, Gorsuch has seen his life story, personality and professional career explored in excruciating detail since he was nominated by President Donald Trump 10 weeks ago.

The portrait that emerges is more nuanced than the extremes drawn by his supporters and critics.

Gorsuch is widely regarded as a warm and collegial family man, boss and jurist, loyal to his employees and kind to those of differing viewpoints. He also has been shown to be a judge who takes such a "rigidly neutral" approach to the law that it can lead to dispassionate rulings with sometimes brutal results.

Four times during his confirmation hearings, Gorsuch invoked a "breakfast table" analogy, telling senators that good judges set aside what they have to eat — and their personal views — before they leave the house in the morning to apply the law and nothing else to the facts of the cases at hand. It was all part of Gorsuch's artful effort to reveal as little as possible of his own opinions.


2 inmates seek execution stays from Arkansas high court
Court News | 2017/04/13 15:37
The first two inmates facing lethal injection under Arkansas' unprecedented multiple execution plan are seeking a stay from the state Supreme Court.

Attorneys for Don Davis and Bruce Ward asked justices Wednesday to block their executions, scheduled for Monday, while the U.S. Supreme Court takes up a case concerning access to independent mental health experts by defendants. The U.S. high court is set to hold oral arguments in that case April 24, a week after the two are set to be put to death.

The inmates' attorneys say they were denied access to independent mental health experts in their cases.

The two men are among seven inmates Arkansas plans to put to death over a 10-day period. The filing is among a flurry of lawsuits aimed at halting the executions.


Court: Banned Dartmouth fraternity can't live in house
Legal Topics | 2017/04/12 22:37
The New Hampshire Supreme Court says members of a former Dartmouth College fraternity aren't allowed to live in their house after the college banned the frat from campus.

The Hanover zoning board revoked the $1.4 million Alpha Delta house's status as a student residence when the fraternity was de-recognized for burning brands into the skin of new members in 2015.

Zoning rules require that such residences operate "in conjunction with" an institution, such as the college. Alpha Delta argued it should be considered "grandfathered" under an older zoning ordinance, but the court on Tuesday rejected that argument.

Alpha Delta had been a fraternity at Dartmouth since the 1840s, and since 1920 has housed 18-22 students. It partially served as the inspiration for the 1978 movie "Animal House."


Official: Man accused in store attack misses court hearing
Headline Legal News | 2017/04/11 22:37
Authorities say a jailed North Carolina man facing accused of an arson attack on an immigrant-owned store didn't appear in court as planned because he's being disciplined.

An appearance scheduled Tuesday for 32-year-old Curtis Flournoy has been reset for April 21, when the suspect will have a bond hearing.

Mecklenburg County Assistant District Attorney Alana Byrnes said he didn't know what led to Flournoy's being placed on disciplinary detention.

Flournoy remains jailed on a $35,000 bond on charges, including ethnic intimidation and burning a commercial building. It's not clear if he has an attorney.

Authorities say a fire was set Thursday but burned itself out at a market selling goods from the Indian subcontinent. No one was hurt, and authorities said a threatening note was left on the scene.


Senate GOP 'goes nuclear,' clearing way for Trump court pick
Areas of Focus | 2017/04/10 22:38
Republicans invoked the "nuclear option" in the Senate Thursday, unilaterally rewriting the chamber's rules to allow President Donald Trump's nominee to ascend to the Supreme Court.

Furious Democrats objected until the end, but their efforts to block Judge Neil Gorsuch failed as expected. Lawmakers of both parties bemoaned the long-term implications for the Senate, the court and the country.

"We will sadly point to today as a turning point in the history of the Senate and the Supreme Court," said Minority Leader Chuck Schumer of New York.

The maneuvering played out in an atmosphere of tension in the Senate chamber with most senators in their seats, a rare and theatrical occurrence.

First Democrats mounted a filibuster in an effort to block Gorsuch by denying him the 60 votes needed to advance to a final vote. Then Republican Majority Leader Mitch McConnell of Kentucky raised a point of order, suggesting that Supreme Court nominees should not be subjected to a 60-vote threshold but instead a simple majority in the 100-member Senate.

McConnell was overruled, but appealed the ruling. And on that he prevailed on a 52-48 party line vote. The 60-vote filibuster requirement on Supreme Court nominees was effectively gone, and with it the last vestige of bipartisanship on presidential nominees in an increasingly polarized Senate.

A final confirmation vote on Gorsuch is expected Friday and he could then be sworn in in time to take his seat on the court later this month and hear the final cases of the term.

The maneuvering played out with much hand-wringing from all sides about the future of the Senate, as well as unusually bitter accusations and counter-accusations as each side blamed the other. The rules change is known as the "nuclear option" because of its far-reaching implications.


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