|
|
|
Court kills New Jersey bid to block ocean blasting
Court News |
2014/07/15 13:35
|
A federal appeals court on Monday cleared the path for seismic testing off the coast of New Jersey that will blast the floor of the Atlantic Ocean with loud noises as part of a climate change research project.
The 3rd Circuit U.S. Court of Appeals rejected New Jersey's request to block the testing off Long Beach Island, which aims to use acoustic research to examine sediment dating back tens of millions of years. The barrier island stretches along the central New Jersey coast for about 18 miles.
Environmentalists, fishing groups and some elected officials oppose the work, saying it could harm or kill marine life including dolphins, turtles and whales. But the groups planning the research say they will do everything possible to minimize disruptions to marine life, including stopping the project when animals are seen nearby.
"Needless to say, we are extremely disappointed with this ruling and the fact that the federal government is pushing it at this time of year," said Larry Hajna, a spokesman for the state Department of Environmental Protection, which had sought a court order to block the testing. |
|
|
|
|
|
|
Court: No unemployment for teacher who quit early
Court News |
2014/06/16 15:10
|
Washington's Supreme Court says a Spanish teacher who tried to do his school district a favor by quitting early -- instead of in the middle of the school year -- was not entitled to unemployment pay.
Robert Campbell taught in University Place for six years before his wife learned she had won a Fulbright grant to study in Finland in 2011. Campbell asked for a leave of absence so he and the couple's 3-year-old daughter could go along, but the district denied it.
So Campbell had two options: He could quit in June 2010, giving the district time to hire someone else before the next school year, or he could quit in the middle of the school year. He chose the former.
The state denied him unemployment benefits, saying that to be eligible in such circumstances, people must stay in their job as long as reasonably possible before following their spouses. The court unanimously upheld the decision. |
|
|
|
|
|
|
Coast Guard cadet won't be court-martialed
Court News |
2014/06/13 11:35
|
A U.S. Coast Guard Academy cadet accused of entering a classmate's room and touching her leg will not face a court martial, the academy said Thursday.
Its superintendent agreed with the recommendations of an investigating officer that reasonable grounds did not exist to support the charge of abusive sexual contact against cadet Alexander Stevens. The superintendent, Rear Adm. Sandra Stosz, also agreed with a recommendation to impose nonjudicial punishment on Stevens for unlawfully entering a cadet barracks room while drunk and touching another cadet on the leg, Coast Guard officials said.
The academy did not disclose details of the punishment, citing Stevens' privacy rights. Nonjudicial punishment may include a reprimand, arrest in quarters for up to 30 days, pay forfeiture or expulsion from the academy.
"The academy has remained committed to providing all needed support to the victim, ensuring a full and fair proceeding in compliance with the Uniform Code of Military Justice and holding those who commit misconduct accountable for their actions," said Capt. James McCauley, the commandant of cadets.
In September, Stevens said, he went into the fellow cadet's room by mistake, believing it was his girlfriend's room, an investigator testified.
He was drunk at the time and made a mental mistake, Lt. John Cole, who represented Stevens, said during a pretrial investigation at the academy in April.
The classmate testified that a man entered her room in the middle of the night, touched her on her thigh and moved his hand up her leg before she screamed and kicked him. The cadet said she found it hard to sleep and concentrate after the encounter, and her grades suffered. |
|
|
|
|
|
|
Court: No blanket exemption for police dashcams
Court News |
2014/06/13 11:31
|
The state Supreme Court has ruled that state dashboard cameras can't be withheld from public disclosure unless they relate to pending litigation.
Five of the high court's members said Thursday that the Seattle Police Department wrongly used a state statute as a blanket exemption to the state's public records act when it denied providing dashboard camera videos to a reporter with KOMO-TV. Their ruling overturns a 2012 King County Superior Court judge's ruling that said the department could withhold the videos for three years.
The majority awarded KOMO attorney fees and sent the case back to the lower court.
Four justices argued that the statute was clear that that the recordings should not be released to the public until completion of any criminal or civil litigation. |
|
|
|
|
|
|
High court won't hear California's prison appeal
Court News |
2014/06/10 12:25
|
The U.S. Supreme Court on Monday let stand a lower court ruling that California bears responsibility for nearly 2,000 disabled parolees housed in county jails.
The decision could leave state taxpayers liable for problems at some of the jails, said Jeffrey Callison, a spokesman for the California Department of Corrections and Rehabilitation.
The high court did not comment as it declined to consider Gov. Jerry Brown's appeal of a January 2012 decision by U.S. District Judge Claudia Wilken in Oakland.
She ruled that state prison officials failed to monitor and protect former inmates who were returned to county jails instead of state prisons for parole violations under a now 3-year-old state law.
That law keeps most parole violators and lower-level offenders in county jails instead of state prisons in response to federal court orders requiring the state to reduce the prison population.
The ruling in the parolee case was upheld last year by the 9th U.S. Circuit Court of Appeals, despite objections by the state.
"We believe that the lower court impinged upon a state's right to delegate responsibilities to local governments," Callison said.
The state penal code says parole violators in county jails are under counties' jurisdiction, he said, but "the federal court decided that didn't matter, that they were still ultimately state parolees."
That could make the state financially responsible for providing jailed parolees with the accommodations to which they are entitled under the federal Americans with Disabilities Act, he said.
|
|
|
|
|
|
|
Top court to consider restoring NYC big-soda ban
Court News |
2014/06/06 14:35
|
New York City officials are trying to convince the state's top court to reinstate their ban on big sodas, which was blocked by lower courts.
The Court of Appeals is set to hear arguments Wednesday from the city Board of Health that it has the authority to restrict sales of various sugary drinks larger than 16 ounces.
The restrictions were pushed in 2012 by then-Mayor Michael Bloomberg in an effort to curb rising obesity. They applied to restaurants, delis, fast-food franchises, movie theaters, stadiums and street carts.
Restaurants, theater owners and beverage companies who sued have won in lower courts that concluded the board overstepped its authority.
The midlevel Appellate Division noted that the City Council and the state Legislature considered the issue but didn't impose restrictions. |
|
|
|
|
|
Lawyer News RSS Feed
