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Texas abortion clinic to reopen after court ruling
Legal Business |
2014/09/04 23:47
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Women in South Texas facing a 200-mile drive for access to legal abortions learned Wednesday that a local clinic shuttered by a sweeping anti-abortion law would reopen, marking the first tangible effect of a court ruling last week that blocked key parts of the state law.
Whole Woman's Health clinic in McAllen, a city near the Mexico border, closed in March after its doctors said they couldn't obtain admitting privileges at nearby hospitals as the state now requires. But a federal judge ruled Friday that the law created unconstitutional barriers to abortions in South Texas, and the clinic is now set to reopen later this week, chief executive Amy Hagstrom Miller said.
Questions are now also being raised about whether the ruling had other broader ramifications than first thought.
U.S. District Judge Lee Yeakel made two key rulings in Friday's 21-page decision. He struck down a mandate that required all abortion clinics in Texas to adopt costly hospital-level operating standards and exempted clinics in McAllen and El Paso from an already upheld requirement that doctors who perform abortions obtain admitting privileges at nearby hospitals.
A four-day trial last month narrowly focused on the El Paso and McAllen areas because clinics there serve regions where access to abortions would otherwise be particularly difficult. But language Yeakel included in a separate final judgment has left some questioning whether his order — inadvertently or not — banned the admitting-privileges law at all Texas abortion clinics. |
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Apple wins EU court case on store design trademark
Legal Business |
2014/07/11 18:05
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The European Union's highest court says Apple's characteristic retail store layout may be registered as a trademark.
The Court of Justice on Thursday overturned a decision by German patent authorities which last year rejected an application to grant copyright protection to Apple's store design — parallel lines of big tables with electronic gadgets spread out on them under a high ceiling.
The Luxembourg-based EU Court said a design pattern like Apple's "may constitute a trademark provided that it is capable of distinguishing the goods or services of one undertaking" from others.
The case will go back for a final decision to Germany's highest patent court which had sought the EU judges' advice.
Apple Inc. successfully registered its store layout as a trademark in the United States in 2010. |
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SC Supreme Court hears appeal in fatal dog attack
Legal Business |
2014/04/15 21:31
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Prosecutors want South Carolina's highest court to reinstate the conviction of a Dillon County man whose dogs attacked and killed a 10-year-old boy in 2006.
The state Supreme Court on Tuesday hears an appeal in the case of Bentley Collins. In 2012, the state Court of Appeals overturned Collins' involuntary manslaughter conviction and prison sentence, ruling a judge shouldn't have allowed prosecutors to show pictures of the boy taken before his autopsy.
The photographs showed the extent of the boy's injuries, including how the dogs mauled him so badly his bones were exposed and his ears and nose were eaten.
The judges said the pathologist testified to the injuries, so the photographs did nothing more than rile the jury's emotions. |
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Court: Broad protection for whistleblowers
Legal Business |
2014/03/05 22:48
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The Supreme Court says whistleblower protections in a federal law passed in response to the Enron financial scandal apply broadly to employees of publicly traded companies and contractors hired by the companies.
The justices ruled 6-3 Tuesday in favor of two former employees of companies that administer the Fidelity family of mutual funds. The workers claimed they faced retaliation after they reported allegations of fraud affecting Fidelity funds.
The case involved the reach of a provision of the Sarbanes-Oxley Act, passed in 2002 in response to the Enron scandal, that protects whistleblower activity. The measure was intended to protect people who expose the kind of corporate misdeeds that arose at Enron. |
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Nevada Officials Won't Defend Gay Marriage Ban
Legal Business |
2014/02/13 23:48
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In an about-face, Nevada has decided against defending its constitutional ban on same-sex marriages, the latest step in a series of battles being waged across the nation on the volatile issue.
Nevada's attorney general and governor said Monday that they won't defend the state's gay marriage ban pending before a federal appeals court, saying a recent court decision made the state's arguments "no longer defensible."
Attorney General Catherine Cortez Masto filed a motion with the 9th Circuit Court of Appeals that said Nevada's legal arguments supporting the voter-approved prohibition aren't viable in light of the court's recent ruling that said potential jurors cannot be removed from a trial during jury selection solely because of sexual orientation.
"After thoughtful review and analysis, the state has determined that its arguments grounded upon equal protection and due process are no longer sustainable," Masto said in a statement.
Nevada's move comes as courts around the country and the federal government have chipped away at laws that prohibit same-sex marriage and benefits in recent months. Meanwhile, some states and interest groups have rallied to defend limiting marriage to between a man and a woman. |
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Lawmakers push back against Washington high court
Legal Business |
2014/01/27 22:16
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Washington state's highest court has exercised an unusual amount of power on education funding, and it's prompted some lawmakers to raise constitutional concerns.
Before last year's legislative session, the court ruled that the state wasn't meeting its obligation to amply pay for basic education. In response, the Legislature added about $1 billion in school-related spending, and lawmakers widely agree they'll add more funding in coming years.
Earlier this month, the court went a step further, analyzing specific funding targets while telling lawmakers to come back with a new plan by the end of April.
Those specific demands have irked budget writers in the Legislature.
"They are way out of their lane," said Republican Sen. Michael Baumgartner.
Baumgartner expects lawmakers will continue adding "substantially new resources" to the state education system, but he said the court's position could erode the proper balance of power in Olympia. Baumgartner hopes lawmakers will ignore the court's latest demands, or he fears justices may exercise more power going forward. |
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Texas Supreme Court limits insurance exclusions
Legal Business |
2014/01/20 22:19
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The Texas Supreme Court issued a key ruling Friday that should boost consumer confidence in the liability insurance coverage that builders and general contractors carry.
Writing for the court, Justice Phil Johnson denied an insurance company's attempt to avoid paying a claim based on language found in most commercial general liability insurance policies. The court's decision was one of the most anticipated insurance cases in the country because Texas decisions often influence other courts across the nation, said Randy Maniloff, an insurance law expert at the White and Williams law firm in Philadelphia.
If the Texas Supreme Court had ruled in favor of the insurance company, coverage of construction mistakes in Texas would have virtually disappeared.
"Many contractors don't have the wherewithal to make good on their construction defects, so a lot of times insurance is the make-or-break issue for purposes of somebody getting compensation," Maniloff said. "This decision helps homeowners keep that insurance in place."
Most general liability policies have a clause that allows the insurance company to exclude liability claims when a contractor assumes liability "in a contract or agreement." Insurance companies often require contractors to buy additional coverage when they take on greater risk. |
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