Court: IURC erred in approving Duke fee hike
Legal Topics | 2014/09/09 23:01
The Indiana Court of Appeals has determined that state utility regulators wrongly approved $61 million in ratepayer fees for the Edwardsport coal gasification plant.

Duke Energy is seeking the money to cover construction costs for the new plant. But Appeals Court Judge James Kirsch wrote in an opinion issued Monday that members of the Indiana Utility Regulatory Commission should have better analyzed arguments from Duke Energy and plant opponents before approving the fee increase.


Duke officials have said a three-month delay led to increased project costs. But opponents led by the Citizens Action Coalition have argued that IURC regulators have been "rubber-stamping" fees and a rate hike sought by Duke.

The case is one of many surrounding the Edwardsport plant that is locked in battle inside the Indiana courts.


Chris Brown due back in DC court for plea hearing
Legal Topics | 2014/09/01 23:46
Singer Chris Brown is scheduled to appear in a District of Columbia court for what would be a third attempt at a plea deal to resolve an assault case that dates to October 2013.

According to court filings, Brown was scheduled to appear in D.C. Superior Court on Friday for a plea hearing but was unable due to travel issues. The hearing was rescheduled for Tuesday at 9 a.m.

Bill Miller, a spokesman for the U.S. Attorney, confirmed Brown is due in court. But he declined to comment on the case.

In January and June, Brown rejected plea deals on a misdemeanor assault charge. At the time of the incident, Brown was on probation in California for a 2009 attack on his then-girlfriend singer Rihanna.

Brown's attorney, Stuart Sears, declined to comment on the case.


Guilty plea in California meat recall case
Legal Topics | 2014/08/28 18:40
A co-owner of a Northern California slaughterhouse accused of processing cows with cancer has pleaded guilty to a criminal charge.

The San Francisco Chronicle reports that 77-year-old Robert Singleton, co-owner of Petaluma-based Rancho Feeding Corp., entered the plea on Friday to aiding and abetting in the distribution of adulterated, misbranded and uninspected meat. He has agreed to work with prosecutors who have filed charges against the company's other owner, Jesse Amaral Jr., and two employees, Eugene Corda and Felix Cabrera.

They have pleaded not guilty.

Prosecutors say the company slaughtered dozens of cows with skin cancer of the eye, and plant workers swapped the heads of diseased cattle with those of healthy cows.

Operations were halted in February after a series of recalls, including one for 8.7 million pounds of beef.


Brazil's Supreme Court elects new president
Legal Topics | 2014/08/19 21:53
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.


Court considers if executioners can be named
Legal Topics | 2014/08/13 22:04
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.


Court: Caregivers can't sue Alzheimer's patients
Legal Topics | 2014/08/06 18:10
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.


Court hearing gay marriage arguments from 4 states
Legal Topics | 2014/08/06 18:09
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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