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Appeals court won't block ruling on candidate party label
Attorney Career |
2018/08/25 10:13
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North Carolina Republicans have been dealt another setback in their efforts to remove a state Supreme Court candidate's party affiliation from the ballot.
The state Court of Appeals declined Monday to hear the request of GOP legislative leaders to block a lower court's order that candidate Chris Anglin be listed as a Republican on the November ballot.
A trial court judge this month halted enforcement of a new law removing party designations next to the names of Anglin and a few other judicial candidates because they had switched their affiliation too close to filing.
Anglin was a registered Democrat until three weeks before he filed to run. He says the law unfairly targeted him.
The state Supreme Court could still step in, but time is dwindling before ballots must be printed.
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California high court rules for immigrant kids in visa fight
Attorney Career |
2018/08/19 00:59
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The California Supreme Court on Thursday made it easier for some immigrant children who are abused or abandoned by a parent to seek a U.S. visa to avoid deportation in a ruling that advocates said would help thousands of children.
State judges cannot require that children drag an absentee parent living abroad into court in their visa application process, the justices said in a unanimous decision. Immigration rights advocates had warned that such a requirement would make it nearly impossible for the children to fight deportation. That's because courts in California cannot establish authority over a foreign citizen and the parent may want nothing to do with a child claiming abuse, and would refuse to participate in a court proceeding in the U.S., immigration groups said.
The ruling overturned a lower court decision. The California Supreme Court said it was sufficient to adequately notify the absent parent of the court proceedings, but that parent did not have to be a party to the case.
California Attorney General Xavier Becerra said in court documents that the case had implications for a "substantial portion" of the thousands of children who have fled to the U.S. from Central America and Mexico and settled in California. Kristen Jackson, an attorney for the plaintiff in the case, estimated the ruling would affect thousands of children.
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Illinois high court: Woman can sue city over sidewalk fall
Attorney Career |
2018/08/11 23:12
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The Illinois Supreme Court has ruled that a woman who was injured after tripping on a poorly maintained sidewalk can move forward with a lawsuit against the city of Danville.
The Champaign News-Gazette reports the state's high court ruled 7-0 on Thursday that Danville was not immune from liability, as the city had argued.
Lower courts had sided with the city, finding that the municipality was protected by a state law intended to shield government from the actions of their employees.
City officials declined to comment on the ruling.
The plaintiff, Barbara Monson, sued the city several years ago, after she tripped on an uneven sidewalk section and broke her shoulder. She argued the city had an obligation to keep the sidewalk in reasonably safe condition. |
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Court: EPA violated law on harmful pesticide, orders ban
Attorney Career |
2018/08/10 23:15
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A federal appeals court says the Trump administration endangered public health by keeping the top-selling pesticide chlorpyrifos on the market despite extensive scientific evidence that even tiny levels of exposure can harm babies' brains.
The 9th U.S. Circuit Court of Appeals in San Francisco ordered the Environmental Protection Agency to remove chlorpyrifos from sale in the United States within 60 days.
A coalition of farmworkers and environmental groups sued last year after then-EPA chief Scott Pruitt reversed an Obama-era effort to ban chlorpyrifos, which is widely sprayed on citrus fruits, apples and other crops.
In a split decision, the court said EPA violated federal law by ignoring the conclusions of agency scientists that chlorpyrifos is harmful. The pesticide is sold by Dow Agro Sciences and others.
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Oklahoma lawsuit against opioid makers back in state court
Attorney Career |
2018/08/05 11:17
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A U.S. judge determined Friday that a lawsuit the state of Oklahoma filed against the makers of opioids does not "necessarily rise" to a federal issue.
The ruling by U.S. District Judge Vicki Miles-LaGrange in Oklahoma City sends the matter back to state court. Drugmakers had it moved to federal court in June.
Oklahoma, one of at least 13 states that have filed lawsuits against drugmakers, alleges fraudulent marketing of drugs that fueled the opioid epidemic in the lawsuit filed in June 2017. It is seeking unspecified damages from Purdue Pharma, Allergan, Janssen Pharmaceuticals, Teva Pharmaceuticals and several of their subsidiaries.
Opioid manufacturers had argued the state was asking them to make different safety and efficacy disclosures to the public than required by federal law and the U.S. Food and Drug Administration. The drug manufacturers listed as defendants said opioid abuse is a serious health issue, but they deny wrongdoing.
An attorney for the companies did not immediately return a phone call seeking comment.
The ruling came just minutes after Chickasaw Nation Gov. Bill Anoatubby and Choctaw Nation Chief Gary Batton joined Hunter and Michael Burrage, a private attorney representing the tribes and the state, in announcing that the tribes are joining the state in suing the opioid manufacturers in state courts for unspecified damages.
Hunter did not immediately return a phone call for comment, but Burrage said during the news conference that the effort to return to lawsuit to state court was to keep it from potentially being folded into more than 800 similar lawsuit pending in Ohio. |
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DC court sides with transit agency in dispute with church
Attorney Career |
2018/07/29 11:19
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A federal appeals court in Washington is siding with transportation officials in a dispute about the transit agency's decision to reject an ad from the Roman Catholic Church.
The U.S. Court of Appeals for the District of Columbia Circuit ruled Tuesday.
The Archdiocese of Washington sued in 2017 after Metro rejected an ad for its Christmas fundraising effort, which showed a biblical scene. The archdiocese argued Metro's decision violated the First Amendment. Metro pointed to its blanket policy of refusing to accept issue-oriented ads including political, religious and advocacy ads.
A lower federal court judge had also sided with Metro. The Trump administration supported the archdiocese.
President Donald Trump's Supreme Court nominee Brett Kavanaugh was on the three-judge panel deciding the case but recused himself, so Tuesday's decision was 2-0. |
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