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Supreme Court sides with Kansas in water dispute
Headline Legal News |
2015/02/25 17:40
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The Supreme Court on Tuesday ordered Nebraska to pay Kansas $5.5 million in a long-running legal dispute over use of water from the Republican River.
The justices also gave Nebraska some of what it asked for and ordered changes to the formula for measuring water consumption. Nebraska argued that the formula was unfair.
Justice Elena Kagan, writing the majority opinion, said the court was adopting the recommendations of the independent expert the justices appointed to help resolve the states' differences.
The dispute centers on a 1943 compact allocating 49 percent of the river's water to Nebraska, 40 percent to Kansas and 11 percent to Colorado. Since 1999, Kansas has complained that Nebraska uses more than its fair share of water from the river, which originates in Colorado and runs mostly through Nebraska before ending in Kansas.
"Both remedies safeguard the compact; both insist that states live within its law," Kagan wrote.
Nebraska Attorney General Doug Peterson's office said it was pleased with the decision. The $5.5 million award is significantly less than the $80 million that Kansas had sought.
"We hope the decision will move the basin states forward and provide continued incentives toward shared solutions to our common problems," the office said in a statement. "We are confident that payment of the court's recommended award will finally allow us to leave the past where it belongs — in the past."
While calling the decision "reasonable," Nebraska Gov. Pete Ricketts said he looked forward to working with his Kansas and Colorado counterparts to move forward. |
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NYPD officer due in court in stairwell shooting
Headline Legal News |
2015/02/16 19:37
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Criminal charges will be unsealed against a rookie police officer who fired into a darkened stairwell at a Brooklyn housing complex, accidentally killing a man who had been waiting for an elevator.
A lawyer says Officer Peter Liang was indicted by a grand jury in the November shooting death of 28-year-old Akai Gurley. It wasn't clear what charges the grand jury considered. He could face a misdemeanor official misconduct, or manslaughter, a felony. A lawyer for Gurley's family says the officer is expected in court Wednesday afternoon.
The case was closely watched following the mass protests and calls for reform of the grand jury system nationwide after a Staten Island grand jury's refusal to indict a white police officer in the chokehold death of Eric Garner |
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Appeals court weighs suit in US Marshals shooting
Headline Legal News |
2015/01/30 17:30
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An appeals court is deciding whether deputy U.S. marshals who shot and wounded a teenage driver eight years ago may be sued in federal court, a case that's unfolding amid a national debate about police use of force and the legal protections afforded to law enforcement.
The U.S. Court of Appeals for the District of Columbia Circuit heard arguments last month and could issue an opinion soon.
The case of driver Michael Fenwick raises questions about how police can deal with fleeing individuals and the role video should play in analyzing a police pursuit. A case that presented similar issues was decided by the U.S. Supreme Court last year after fascinated justices watched dashboard camera video of the chase.
The key issue for the appeals court is whether the deputies are entitled to qualified immunity, a legal principle that shields government officials from being sued unless their actions violate clearly established constitutional rights. A lower-court judge in 2013 allowed the case to go forward, saying there were legitimate questions about whether excessive force was used, but rejected many other arguments from Fenwick's lawyer.
An appeals court ruling in favor of the marshals would end the case. But if the judges prove sympathetic to arguments that the shooting was unjustified, the case would be returned to the trial court, where it could ultimately reach a jury and add to a body of law that is still developing. That's a potentially heavy legal burden, given past court decisions that give law enforcement leeway in firing at fleeing suspects if they feel endangered. |
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Fate of thousands at stake in Massachusetts court arguments
Headline Legal News |
2015/01/08 21:10
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The highest court in Massachusetts is hearing arguments in a case that could determine the fate of thousands of people convicted of drug crimes based on tainted evidence.
The American Civil Liberties Union says many of those affected are afraid to vacate their guilty plea and seek a new trial because they can be prosecuted for crimes dropped when they entered their plea deal.
The ACLU will argue Thursday morning that the Massachusetts Supreme Judicial Court should declare that any defendant who seeks a new trial cannot be convicted of a more serious offense or given a longer sentence.
The case comes after former state drug lab chemist Annie Dookhan admitted she faked test results and tampered with evidence.
Dookhan was sentenced to at least three years in prison in 2013. |
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'Saved by the Bell' Actor Due in a Wisconsin Court
Headline Legal News |
2014/12/31 16:53
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Dustin Diamond, the actor who played Screech in the 1990s television show "Saved by the Bell," is expected to appear in a Wisconsin courtroom.
Diamond is accused of stabbing a man during a bar fight on Christmas Day in Port Washington, where he currently lives. A criminal complaint charges Diamond with second-degree recklessly endangering safety, disorderly conduct and carrying a concealed weapon.
A hearing is scheduled Monday afternoon in Ozaukee (oh-ZAH'-kee) County Circuit Court.
The criminal complaint says Diamond and his fiancee got into a tussle with two men and a woman at the Grand Avenue Saloon on Thursday night.
Diamond told police he accidentally stabbed one of the men while trying to defend his fiancee. The man was not seriously injured. Police say officers recovered a switchblade. |
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Court reaffirms BP is liable in Gulf oil spill
Headline Legal News |
2014/11/07 20:50
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A federal appeals court panel has reaffirmed its ruling that BP is liable for federal Clean Water Act damages stemming from the 2010 Gulf of Mexico oil spill, the latest loss for the oil giant as it fights court decisions that could ultimately bring $18 billion in penalties.
The three-judge panel of the 5th U.S. Circuit Court of Appeals rejected arguments that there were errors in its June 4 ruling on BP's Clean Water Act liability. The ruling released Wednesday night is not the final say from the court. BP and its minority partner in the Macondo well, Anadarko Petroleum Corp., have a request pending for the full 15-member court to reconsider the issue.
The June order and Wednesday's follow-up were issued by Judges Fortunato Benavides, Carolyn Dineen King and James Dennis. They upheld U.S. District Judge Carl Barbier's ruling holding the well owners are liable.
BP and Anadarko had argued they were not liable because equipment failure on the leased rig Deepwater Horizon caused the April 2010 disaster. An explosion on the rig killed 11 workers and sent millions of gallons of oil spewing into the Gulf in what became the nation's worst offshore oil disaster.
Barbier has also ruled that BP was "grossly negligent" in the disaster. BP has asked Barbier to reconsider that finding, which, if it stands, would be a factor in whether the water act penalties for the company reach an estimated $18 billion.
Under the Clean Water Act, a polluter can be forced to pay from $1,100 to $4,300 per barrel of spilled oil. The higher limit applies if the company is found grossly negligent — as BP was in Barbier's ruling. But penalties can be assessed at lower amounts.
Government experts estimated that 4.2 million barrels spilled into the Gulf. BP has urged Barbier to use an estimate of 2.45 million barrels in calculating any Clean Water Act penalties.
Barbier has scheduled a trial in January to help decide how much BP owes in federal Clean Water Act penalties. |
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Abortion-rights supporters welcomed the delay Tuesday.
Headline Legal News |
2014/11/05 22:30
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"Today the Oklahoma Supreme Court handed the women of Oklahoma a crucial victory by protecting their constitutional rights and restoring critical options for those seeking safe and legal abortion services," said Nancy Northup, president and CEO of the Center for Reproductive Rights, which is supporting efforts to fight the laws.
"Time and time again, courts are seeing that the true motive behind these underhanded and baseless restrictions is to push essential reproductive health care services out of reach for as many women as possible," she said.
A message seeking comment from Oklahoma Attorney General Scott Pruitt was not immediately returned. A spokesman for Gov. Mary Fallin said the governor was on the road on Election Day and was unsure if she could be reached for comment.
The New York-based Center for Reproductive Rights filed a lawsuit in October on behalf of an Oklahoma doctor who performs nearly half the state's abortions, seeking to block the law requiring admitting privileges law.
The physician, Dr. Larry Burns, said he had applied for admitting privileges at 16 nearby hospitals but had yet to get approval from any facility.
When Burns filed his lawsuit in October, Fallin — who signed the legislation into law in May— said she believed abortion was wrong and that she had been "proud to work with lawmakers in both parties to support legislation that protects the health and lives of both mothers and their unborn children." |
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