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High court climate case looks at EPA's power
Court News |
2014/02/28 14:54
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Industry groups and Republican-led states are heading an attack at the Supreme Court against the Obama administration's sole means of trying to limit power-plant and factory emissions of gases blamed for global warming.
As President Barack Obama pledges to act on environmental and other matters when Congress doesn't, or won't, opponents of regulating carbon dioxide and other heat-trapping gases cast the rule as a power grab of historic proportions.
The court is hearing arguments Monday about a small but important piece of the Environmental Protection Agency's plans to cut the emissions — a requirement that companies expanding industrial facilities or building new ones that would increase overall pollution must also evaluate ways to reduce the carbon they release.
Environmental groups and even some of their opponents say that whatever the court decides, EPA still will be able to move forward with broader plans to set emission standards for greenhouse gases for new and existing power plants. |
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Arizona high court bars cuts to public pensions
Attorney Career |
2014/02/24 14:37
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The Arizona Supreme Court ruled Thursday that the Legislature can't cut cost-of-living increases promised to judges and state elected officials.
The court unanimously upheld a Superior Court judge's ruling in favor of retired judges who challenged the Legislature's 2011 decision to cut benefits increases for retirees in the state plan for judges and other elected officials.
The Legislature cut the cost-of-living increases after the judges' retirement system lost money in the Great Recession after gradually becoming underfunded in previous years.
Denying an appeal by state officials, the high court agreed the increases are part of a promised retirement benefit and are protected by the pension clause of the Arizona Constitution. That clause bars "diminishing or impairing" public retirement benefits.
Lawyers for the retired judges had argued that the clause protected both their retirement benefits and the increases to those benefits, while lawyers for the state argued that the protection only applied to benefits with increases calculated by current methods.
Arizona is not alone in grappling with the problem of underfunded public pensions. A proposed ballot initiative in California would allow cities to renegotiate public workers' future pension and retirement benefits. Oregon's Legislature passed a law similar to what Arizona passed in 2011 that cuts future cost-of-living adjustments. |
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Court: Spain can extradite Liberty Reserve founder
Attorney Career |
2014/02/24 14:37
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A Spanish court has ruled that a man accused of being behind one of the world’s biggest money laundering businesses can be extradited to the U.S. to face charges there.
Arthur Budovsky, who founded currency transfer and payment processing company Liberty Reserves, can appeal the ruling, the National Court said late Friday. Spain’s government must also approve the decision for an extradition to happen.
It wasn’t immediately clear if Budovsky would appeal. The 40-year-old Costa Rican, who was arrested at Madrid airport in May 2013, has acknowledged founding Liberty Reserve in 2006, but says he sold his share to stay on only as a consultant.
U.S. officials accuse Budovsky of using Liberty Reserve as a kind of underworld bank which handled about $6 billion worth of illicit transactions. |
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Fla. man guilty of lesser counts in music shooting
Lawyer News |
2014/02/20 14:14
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Prosecutors say they may retry a Florida man on first-degree murder charges in the fatal shooting of a teenager after an argument over loud music.
A jury convicted Michael Dunn, a 47-year-old software developer, on Saturday of attempted murder for shooting into a carful of teenagers after the argument, but jurors couldn't agree on the most serious charge of first-degree murder. A mistrial was declared on that charge. State Attorney Angela Corey said her office would consider seeking a retrial.
Meanwhile, defense attorney Cory Strolla said he plans to appeal based on several issues, including how the jury could reach guilty verdicts on four counts and deadlock on another.
Dunn was charged with fatally shooting 17-year-old Jordan Davis, of Marietta, Ga., in 2012 after the argument over loud music coming from the SUV occupied by Davis and three friends outside a Jacksonville convenience store. Dunn, who is white, had described the music to his fiancee as "thug music." He claimed he acted in self-defense.
The trial was Florida's latest to raise questions about self-defense and race, coming six months after George Zimmerman was acquitted in the shooting of 17-year-old Trayvon Martin in Sanford, about 125 miles south of Jacksonville. The Dunn trial was prosecuted by the same State Attorney's Office that handled the Zimmerman case. |
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Gov. Snyder signs jury duty, trampoline court laws
Court Watch |
2014/02/20 14:13
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Michigan Gov. Rick Snyder has signed a law letting full-time college students postpone jury duty until the end of the school year.
The governor on Tuesday also approved rules for indoor trampoline parks where adults and kids can bounce around for a fee.
Snyder says jury duty is "an important part of our civil responsibility" but can be disruptive to college students' studies. A similar exemption already exists for high school students.
The other law requires trampoline courts to publicly display rules and inform customers of the activity's inherent dangers. Trampoliners also must adhere to rules specified in the law.
A trampoline user, spectator or operator who violates the law is liable for damages in civil lawsuits. |
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Ousted Egypt leader's lawyers protest court cage
Press Releases |
2014/02/17 16:19
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Lawyers for Egypt's ousted president and his co-defendants walked out of court on Sunday to protest the soundproof glass cage in which defendants are held during proceedings, state TV reported.
It said judge Shaaban el-Shamy ordered a recess after the lawyers left the hearing, the first in a case in which Morsi and 35 others are facing charges of conspiring with foreign groups and undermining national security.
El-Shamy, who later ordered the trial adjourned until Feb. 23, was quoted by the private CBC TV network as telling the lawyers that the trial would proceed without them. It also reported that Morsi shouted at the start of the trial that he could not hear the proceedings.
El-Shamy sent technicians to inspect the cage to verify Morsi's claim, CBC said. The judge then ordered the volume raised to allow Morsi to better hear. The defense lawyers remained unsatisfied and walked out.
The cage was introduced after Morsi and his co-defendants interrupted the proceedings of other court cases by talking over the judge and chanting slogans. The cage is fitted to give the judge sole control over whether the defendants can be heard or not when speaking.
Morsi was ousted by the military following millions-strong protests demanding his step down after just one year in power. He, together with leaders of his Muslim Brotherhood, now face a multitude of trials on a range of charges, some of which carry the death penalty. |
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