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Washington high court to hear charter school case
Headline Legal News |
2014/08/19 21:55
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The Washington Supreme Court has agreed to consider whether the state's voter-approved charter school law violates the state constitution.
Oral arguments concerning the lawsuit brought by charter school opponents have been scheduled for the afternoon of Oct. 28.
A King County Superior Court judge found in December that parts of the new law are unconstitutional. Judge Jean Rietschel's decision focused on whether certain taxpayer dollars can be used to pay for the operation of charter schools.
Both sides asked the Supreme Court to skip the appeals court process and directly review the case.
Attorney Paul Lawrence says the briefs to the court and the oral arguments will focus on that part of the lawsuit.
The state's charter school system was approved by voters in 2012. |
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Brazil's Supreme Court elects new president
Legal Topics |
2014/08/19 21:53
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Brazil's Supreme Court has elected a new president to replace the body's first black justice, who announced his early retirement in June.
Nine of the court's 10 judges elected Ricardo Lewandowski as the new chief justice Wednesday to succeed Joaquim Barbosa. The choice was not a surprise because the Supreme Court's presidency always goes to the justice who has sat on the bench the longest.
Barbosa is the only black to ever serve on Brazil's top court. He presided over a high-profile corruption trial in 2012 that sent more than 20 people to jail in a congressional payoff scheme. The case made him a household name and he was frequently mentioned as a potential presidential candidate, but he has said he has no desire to run for elective office. |
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Appeals court OKs permits for Upper Peninsula mine
Headline Legal News |
2014/08/13 22:04
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The Michigan Court of Appeals has upheld a decision by state environmental regulators to allow construction of a nickel and copper mine in the Upper Peninsula.
A three-judge panel unanimously sided with the Department of Environmental Quality, which issued mining and groundwater discharge permits to Kennecott Eagle Minerals Co. The Marquette County mine is now owned by Lundin Mining Corp.
DEQ officials approved a mining permit for the project in 2007, drawing legal challenges from environmentalists and the Keweenaw Bay Indian Community. A DEQ administrative law judge and a circuit court judge affirmed the department's decisions, and opponents took the case to the Court of Appeals.
The mine has been constructed and is scheduled to begin producing minerals this fall. |
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Court considers if executioners can be named
Legal Topics |
2014/08/13 22:04
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A Tennessee appeals court is considering whether 10 death row inmates have the right to know about the drugs that will be used in their executions and whether their lawyers can get the names of the people who will kill them.
The Tennessean reports that the state Court of Appeals heard oral arguments Monday in the lawsuit brought by the inmates. They sued after the legislature passed a law that keeps details about lethal injection secret.
Lawyers for the state argued that a Nashville judge overstepped her authority when she ordered officials to turn over the names of the execution team to the attorneys for the condemned prisoners. The lower court ruled the names must be released but said neither the public nor the inmates could have them.
"We are here today because for the first time in the history of lethal injection in the state of Tennessee a court has ordered the state to disclose the identities of those people who are involved in the lethal injection process," said Special Assistant Attorney General Kyle Hixson said. "This is an abuse of discretion."
Assistant federal public defender Stephen Kissinger, who represents some of the inmates, argued that there's no "executioner's privilege" that would stop the state from releasing the identities of the execution team in a court case because they would be sealed.
He said a ruling that would allow the state to keep such information secret would have far-reaching implications. |
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Court: Caregivers can't sue Alzheimer's patients
Legal Topics |
2014/08/06 18:10
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People with Alzheimer's disease are not liable for injuries they may cause their paid in-home caregivers, California's highest court ruled Monday in a case involving a home health aide who was hurt while trying to restrain a client.
The California Supreme Court ruled 5-2 that people hired to work with Alzheimer's patients should know the disease commonly causes physical aggression and agitation in its later stages. The court majority concluded it would therefore be inappropriate to allow caregivers who get hurt managing a combative client to sue their employers.
"It is a settled principle that those hired to manage a hazardous condition may not sue their clients for injuries caused by the very risks they were retained to confront," Justice Carole Corrigan wrote for the majority.
The law in California and many other states already establishes that caregivers in institutional settings such as hospitals and nursing homes may not seek damages from Alzheimer's patients who injure them. To have a different standard for caregivers working in private homes would give families a financial incentive to put relatives with Alzheimer's into nursing homes, Corrigan said. |
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Court hearing gay marriage arguments from 4 states
Legal Topics |
2014/08/06 18:09
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A federal appeals court was set to hear arguments Wednesday in six gay marriage fights from four states — Kentucky, Michigan, Ohio and Tennessee - in the biggest such session on the issue so far.
Three judges of the 6th U.S. Circuit Court of Appeals in Cincinnati will consider arguments that pit states' rights and traditional, conservative values against what plaintiffs' attorneys say is a fundamental right to marry under the U.S. Constitution. Large demonstrations are expected outside the courthouse by both opponents and supporters.
Michigan's and Kentucky's cases stem from rulings striking down each state's gay marriage bans. Ohio's case deals only with the state's recognition of out-of-state gay marriages, while Tennessee's is narrowly focused on the rights of three same-sex couples.
Attorneys on both sides in the Michigan and Ohio cases will go first and get a half-hour each to make their cases. Kentucky and Tennessee will follow, with 15 minutes for each side from both states.
A handful of people were at the courthouse Wednesday before it opened to reserve a seat in an overflow room for the hearing, including Frank Colasonti Jr., 61, of Birmingham, Michigan, who said he camped outside the building overnight.
Colasonti said he and his partner of 26 years married this year in Michigan, before a court order halted marriages pending the state's appeal. |
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Insurance Litigation Law Firm Clark & Fox Launches New Website
Attorney News |
2014/08/01 20:44
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John M. Clark, Michael Fox, Georgia S. Foerstner and Erin Nulty are pleased to announce the formation and opening of Clark & Fox (www.clarkfoxlaw.com) , a law firm solely serving and representing the insurance industry. Patrick J Reilly, III and Megan Foster join them as associates, and Scott Patterson as Of Counsel. Clark & Fox brings over 80 years of collective experience in representing and servicing the insurance industry, including doing so in complex liability defense matters, reinsurance/coverage cases and investigating and prosecuting insurance fraud for state and local law enforcement. All of the attorneys also have its extensive and intimate knowledge of the London insurance market. Founders John M. Clark and Michael Fox both participated in the Secondee Counsel Program with Lloyd’s of London syndicates serving as in-house counsel.
"I am thrilled to start a company with these attorneys and staff,” says co-founder, President and CEO John M. Clark. "The strong insurance background of attorneys and staff demonstrate a penchant for helping insurance companies of all sizes both domestically and internationally with all of their needs. We truly appreciate and understand through all of our experience the insurance industry’s unique needs and we can assist and partner with them to achieve their goals in an efficient and cost effective manner."
Although its main offices will be based in New Jersey and Pennsylvania, the firm will have a national presence with offices also located in New York City, Cleveland Ohio and Maryland\Washington DC. The firm will be solely focused on representing and servicing the insurance industry. The firm provides practical and efficient solutions to the legal issues faced by insurance carriers of all sizes in today's complex and fast-paced litigation friendly environment.
Whether the need is for Clark & Fox team to represent an insured in a complex liability manner or provide counseling and advice on a complicated reinsurance or insurance coverage issue, our experience and expertise in insurance leveraged with our state of the art technology allows us to be flexible to meet our clients needs. We partner with our clients and leverage our industry knowledge, contacts and technology to provide effective and business oriented counseling in ways that often go beyond traditional legal advice. In addition, we are also there if our clients need us to vigorously defend and represent their interests in complex and contentious litigation.
Its co-founder, President and Chief Executive Officer, John M. Clark, will lead the firm. Georgia S. Foerstner, Vice President and Chief Operating Officer will be responsible for the day-to-day management of the firm's attorneys and staff.
For more information about Clark & Fox please visit www.clarkfoxlaw.com. Also, you may contact any of the partners as follows:
John M. Clark jclark@clarkfoxlaw.com or 856-288-2403
Michael Fox at mfox@clarkfoxlaw.com or 856-345-0374
Georgia S. Foerstner at gfoerstner@clarkfoxlaw.com or 856-345-0377
Erin Nulty enulty@clarkfoxlaw.com or 856-432-1570
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