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Court rules for environmentalists in water fight
Headline Legal News |
2014/04/17 21:53
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An appeals court said Wednesday that federal officials should have consulted wildlife agencies about potential harm to a tiny, threatened fish before issuing contracts for water from the Sacramento-San Joaquin Delta.
An 11-judge panel of the 9th U.S. Circuit Court of Appeals in San Francisco ruled that the U.S. Bureau of Reclamation violated the Endangered Species Act when it failed to consult with the U.S. Fish and Wildlife Service or the National Marine Fisheries Service in renewing 41 contracts a decade ago. The appeals court sent the case back to a trial judge for further proceedings.
The ruling arises from one of several lawsuits filed by the Natural Resources Defense Council and other environmentalists seeking to protect the Delta smelt. The ruling won't affect water flows because protections for the smelt were kept in place during the lawsuit.
"This about how we are going to manage the water in the future," said Douglas Obegi, a lawyer with the Natural Resources Defense Council.
Water-rights holders and government lawyers argued that consultation wasn't necessary because the U.S. Bureau of Reclamation was required to renew the contracts and had no discretion over terms of the agreement that would control water levels in the Delta. |
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Court date reset in Vegas Strip bird death case
Headline Legal News |
2014/04/15 21:32
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A court appearance was postponed Monday in Nevada for a University of California, Berkeley, law school graduate completing prison boot camp for beheading an exotic bird during a drunken chase at a Las Vegas Strip resort.
Prosecutor Frank Coumou says Justin Alexander Teixeira's court date was rescheduled to May 5.
Teixeira is facing three to five years' probation before he can ask to have his felony conviction reduced to a misdemeanor.
Whether Teixeira is admitted to practice law in California could on depend on whether a felony remains on his record.
He pleaded guilty last May to killing another person's animal in the October 2012 death of a helmeted guineafowl at the Flamingo hotel-casino.
Two other Berkeley students entered pleas to reduced misdemeanor charges, paid fines and served community service. |
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Court OKs $57M verdict for WA home-care workers
Headline Legal News |
2014/04/08 18:58
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Washington's Supreme Court on Thursday narrowly upheld a $57 million verdict against the state in a case brought by workers who care for severely disabled people. But the justices declined to give the workers pre-judgment interest — throwing out an additional $39 million awarded by a lower-court judge.
The 22,000 workers claimed they were shortchanged by a 2003 rule from the Department of Social and Health Services that automatically cut their pay by 15 percent. The rule was based on the rationale that because the caregivers lived with their charges, then some of the work performed — cooking, for example — also benefited the caregiver, who shouldn't be paid for it.
The high court struck down the rule in 2007 as inconsistent with federal Medicaid requirements, and the workers sued to get the money they said they were owed. After tortuous litigation that included a detour into federal court, a Thurston County Superior Court jury sided with the workers in 2011 and awarded $57 million. The state appealed, but the high court sided with the workers 5-4 Thursday. |
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Supreme Court Refuses To Overturn Arizona Marijuana Ruling
Headline Legal News |
2014/04/03 22:51
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The Supreme Court has refused to overturn Arizona court rulings ordering the Yuma County sheriff to return marijuana that was seized from a woman with a California medical marijuana authorization honored by Arizona.
The justices' order was issued without comment Monday in the case of Valerie Okun, who had marijuana in her car when a Border Patrol agent stopped her and her husband in Yuma County, Ariz., in 2011. She was charged with marijuana possession crimes, but the charges were dropped when she provided proof she was authorized to possess marijuana under California's medical marijuana program. Arizona's medical marijuana law allows people with authorizations from other states to have marijuana in Arizona.
But the Yuma County sheriff refused to return Okun's marijuana, even after Arizona courts ruled in her favor. |
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Another Apple-Samsung skirmish heads to court
Headline Legal News |
2014/03/31 23:19
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The fiercest rivalry in the world of smartphones is heading back to court this week in the heart of the Silicon Valley, with Apple and Samsung accusing each other, once again, of ripping off designs and features.
The trial will mark the latest round in a long-running series of lawsuits between the two tech giants that underscore a much larger concern about what is allowed to be patented.
"There's a widespread suspicion that lots of the kinds of software patents at issue are written in ways that cover more ground than what Apple or any other tech firm actually invented," Notre Dame law professor Mark McKenna said. "Overly broad patents allow companies to block competition."
The latest Apple-Samsung case will be tried less than two years after a federal jury found Samsung was infringing on Apple patents. Samsung was ordered to pay about $900 million but is appealing and has been allowed to continue selling products using the technology.
Now, jury selection is scheduled to begin Monday in another round of litigation, with Apple Inc. accusing Samsung of infringing on five patents on newer devices, including Galaxy smartphones and tablets. In a counterclaim, Samsung says Apple stole two of its ideas to use on iPhones and iPads. |
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Egypt court sentences 528 Morsi supporters to death
Headline Legal News |
2014/03/24 21:40
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A court in southern Egyptian has convicted 529 supporters of ousted Islamist President Mohammed Morsi, sentencing them to death on charges of murdering a policeman and attacking police.
The court in Minya issued its ruling on Monday after only two sessions in which the defendants' lawyers complained they had no chance to present their case.
Those convicted are part of a group of 545 defendants on trial for the killing of a police officer, attempted killing of two others, attacking a police station and other acts of violence.
More than 150 suspects stood trial, the others were tried in absentia. Sixteen were acquitted.
The defendants were arrested after violent demonstrations that were a backlash for the police crackdown in August on pro-Morsi sit-ins in Cairo that killed hundreds of people. |
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Driver pleads guilty in deadly bus stop crash
Headline Legal News |
2014/03/10 22:02
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A driver who plowed into a Riverside bus stop, killing a woman and a 7-year-old girl, has pleaded guilty to involuntary manslaughter.
The Press-Enterprise reports 46-year-old Joe Williams was ordered Thursday to serve six months in custody of the Sheriff's Department, but his sentence could include a work-release program in lieu of jail time.
Williams was indicted after prosecutors told a grand jury that he had a history of blackouts seizures and should not have been driving.
Authorities say Williams, a parking enforcement agent, blacked out at a red light on Dec. 28.
When motorists behind him honked their horns, Williams accelerated, veered up onto the shoulder of the road and crashed into a bus bench.
Twenty-eight-year-old Melissa Bernal and 7-year-old Aniya Mitchell were killed. |
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