Supreme Court declines Michigan emergency manager law case
Legal Business | 2017/10/01 23:01
The Supreme Court won't take up a challenge to a Michigan law that allows the state to temporarily take away local officials' authority during financial crises and appoint an emergency manager.

The Supreme Court declined Monday to hear the case. Voters and elected officials were challenging a state law that says that to rescue financially stressed cities and school districts the state can reassign the governing powers of local officials to a state-appointed emergency manager. An emergency manager was in place during the water crisis in Flint.

Those bringing the lawsuit said emergency managers have been appointed in a high number of areas with large African-American populations but not in similar areas with majority white populations.

Lower courts said lawsuit was brought under a federal law that didn't apply.


Man who killed NFL star's son taking case to high court
Legal Topics | 2017/10/01 23:01
The case of a man serving life in prison for killing the 2-year-old son of NFL running back Adrian Peterson in South Dakota is going before the state Supreme Court.

Joseph Patterson was convicted in September 2015 of second-degree murder in the October 2013 death of Tyrese Ruffin, the son of Patterson's girlfriend and Peterson.

Patterson appealed, and the Argus Leader reports the state Supreme Court will decide whether his jury trial was mishandled. Attorney arguments are scheduled Monday on several questions, including whether the trial court prejudiced the jury by allowing prosecutors to mention certain information.

Peterson was a longtime member of the Minnesota Vikings. He now plays for the New Orleans Saints.



Elliott's fast start fades with Cowboys as court looms again
Attorney News | 2017/09/29 23:01
Ezekiel Elliott pretended to wipe his face with a towel following his signature "feed me" gesture to celebrate his first touchdown.

The star Dallas running back got to hand the ball to his mother twice on his second score after the original TD ruling was reversed, with his mom kissing his facemask on the exchange that counted from her spot on the front row of a field-level box behind the end zone.

Those happy moments were gone after a 35-30 loss to the Los Angeles Rams on Sunday, the day before a federal appeals court hearing that could result in the lifting of an injunction that is allowing Elliott to play as he fights the NFL's six-game suspension stemming from a domestic case in Ohio.

Elliott said he wasn't sure if he would attend Monday's arguments before the U.S. 5th Circuit Court of Appeals in New Orleans. If the three-judge panel moves quickly and grants the NFL's emergency request to overrule a Texas judge's injunction, he could be sitting as early as next weekend at home against Green Bay.

"I'm not talking about it," Elliott said when asked how the looming hearing might affect his upcoming week.

In the first half against the Rams (3-1), it sure looked as if Elliott would have plenty of reasons to smile despite the looming hearing. He had a 10-yard scoring catch and a 1-yard plunge after the initial sprint for the pylon from the 2 was called a score and overruled on replay.

Last year's NFL rushing leader had 56 yards at halftime and another 41 yards receiving. The Cowboys led 24-16 and had scored on all four possessions.




Pakistan ex-PM criticizes judiciary for his disqualification
Court News | 2017/09/27 15:35
Pakistan's former Prime Minister Nawaz Sharif on Tuesday criticized the country's judiciary for rejecting his appeal over his disqualification from office and vowed again to fight a legal battle to clear his name.

In July, the Supreme Court barred him from office for concealing financial assets. Sharif has since been replaced by a member of his ruling party but has vowed to fight and prove he never indulged in corruption. Earlier this month, the top court rejected Sharif's request for a review of its July 28 ruling.

Tuesday's remarks by Sharif came just after he made his first appearance before an anti-corruption court to face corruption charges earlier in the day. He has returned home from London, where he travelled to see his ailing wife who is undergoing medical treatment in Britain.

"I know for what reasons I am being punished," Sharif told a news conference, without elaborating.

Sharif is likely to be indicted on Oct. 2 in connection with three corruption cases that were filed against him by the country's anti-corruption body earlier this month. Sharif resigned after the Supreme Court disqualified him, but afterward said he was being punished over a trivial charge.

As he appeared before the corruption court earlier on Tuesday, a group of Sharif's followers gathered outside the court and later some chanted slogans in his support inside the courtroom.



Uber in London court in employment case
Legal Topics | 2017/09/27 15:34
Uber lawyers are in a London courtroom trying to overturn a ruling that its drivers are employees of the ride-hailing service — not independent contractors.

Britain's employment tribunal decided earlier this year that two drivers who brought a claim against the company were Uber employees, entitling them to paid time off and a guaranteed minimum wage.

Uber is appealing, arguing that drivers would lose the "personal flexibility they value" as a result of the decision.

Uber attorney Dinah Rose told the tribunal the company is incorrectly lumped together with "a variety of other platforms and businesses" amid debate over the so-called gig economy.

She says Uber has the same business model as taxi firms that use self-employed drivers but technology allows it to do so on a "much larger scale."



Abortion clinic seeks to sue Ohio over budget restrictions
Legal Interview | 2017/09/25 22:35
A Cleveland abortion clinic asked Ohio's high court on Tuesday to grant it legal standing to sue over abortion-related restrictions tucked into the state's 2013 budget bill.

Preterm of Cleveland argued that the provisions impose added administrative and caseload burdens that clearly qualify the clinic to proceed with its constitutional challenge to the manner in which the bill was put together.

The clinic's attorney, B. Jessie Hill, told justices significant new hurdles are not required to meet the legal burden for standing.

"We have to do something we didn't have to do before: We have to enter into a new contract every two years," she said. "That's all we need to demonstrate."

The clinic disputes budget provisions that required more frequent renewal of a clinic's emergency transfer agreement with a local hospital after prohibiting public hospitals from participating and required testing for a fetal heartbeat before an abortion can be performed.

The state's attorney, Ryan Richardson, argued the clinic has not demonstrated true or threatened harm and so can't legally sue.

"As this court has said, really the essence of standing is having a plaintiff that has a direct and concrete stake in the issues, so that the plaintiff is able to properly sharpen the issues for the court's resolution," she said. "Bringing a plaintiff who is not directly affected impacts the ability to properly present the facts and legal issues that the court needs to properly adjudicate the case."

The lawsuit comes amid abortion clinic closures across Ohio that have coincided with falling abortion rates.


Protests continue at Spanish court over secession arrests
Legal Business | 2017/09/24 22:36
Thousands of protesters stood firm outside a Spanish court in Barcelona after night fell Thursday, continuing to shout demands for the release of a dozen regional officials arrested in connection with a planned vote on Catalan independence.

Spanish authorities maintain the referendum scheduled for Oct. 1 is illegal and are challenging its constitutionality. But Catalan pro-independence groups also are digging in their heels as they fight for what they say is their right to vote.

The demonstrators who spent the day outside the Catalan Superior Court of Justice, a branch of the Spain’s national legal system, answered a call by pro-independence civic groups to stage long-term street protests against the surprise crackdown by police the previous day.

As the sun set, a large crowd sang, waved pro-independence flags and held banners proclaiming “Democracia!” (Democracy!) Unlike the previous night, when there were scuffles with police and patrol cars were vandalized, the mood remained festive.




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