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Court refuses to reopen oyster farm case
Court Line News |
2014/01/16 14:24
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A federal appeals court has refused to reconsider a decision that shutters a popular Northern California oyster farm in the Point Reyes National Seashore.
The 9th U.S. Circuit Court of Appeals on Tuesday said it wouldn't appoint a special 11-judge panel to reconsider the ruling of a three-judge panel.
The three-judge panel ruled in September that the federal government had legal authority to deny Drakes Bay Oyster Co. a new lease so the waters of the Drakes Estero could be returned to wilderness.
The small oyster farm's last remaining legal option is to appeal to the U.S. Supreme Court. A lawyer for Drakes Bay didn't immediately return a phone call. |
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Court weighs president's recess appointments power
Headline Legal News |
2014/01/13 14:29
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The Supreme Court is refereeing a politically charged dispute between President Barack Obama and Senate Republicans over the president's power to temporarily fill high-level positions.
The case being argued at the high court Monday is the first in the nation's history to consider the meaning of the provision of the Constitution that allows the president to make temporary appointments to positions that otherwise require Senate confirmation, but only when the Senate is in recess.
The court battle is an outgrowth of increasing partisanship and the political stalemate that's been a hallmark of Washington for years, and especially since Obama took office in 2009.
Senate Republicans' refusal to allow votes for nominees to the National Labor Relations Board and the new Consumer Financial Protection Bureau led Obama to make the temporary, or recess, appointments in January 2012.
Three federal appeals courts have said Obama overstepped his authority because the Senate was not in recess when he acted.
The Supreme Court case involves a dispute between a Washington state bottling company and a local Teamsters union in which the NLRB sided with the union. The U.S. Court of Appeals for the District of Columbia Circuit overturned the board's ruling. Hundreds more NLRB rulings could be voided if the Supreme Court upholds the appeals court decision. |
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Odds against Alex Rodriguez in federal court
Court Line News |
2014/01/13 14:28
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The odds are against Alex Rodriguez in federal court as he tries to overturn his season-long drug suspension.
For the past five decades, the U.S. Supreme Court has set narrow grounds for judges to consider when evaluating lawsuits to overturn arbitration decisions. That position was reaffirmed in 2001 when it ruled against Steve Garvey in his suit against the Major League Baseball Players Association stemming from the collusion cases of the 1980s.
"I don't think he has very much of a chance," said Stanford Law School professor emeritus William B. Gould IV, the former chairman of the National Labor Relations Board. "There are many cases that are appealed from arbitration awards, but the case law at the Supreme Court level makes success very much a long shot."
The Joint Drug Agreement between Major League Baseball and the players' association gives the sport's three-person arbitration panel — the independent arbitrator plus one representative of management and the union — jurisdiction to review discipline resulting from violations. |
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Court denies execution stay for Fla. killer.
Legal News |
2014/01/10 15:08
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The U.S. Supreme Court has refused to block Tuesday's scheduled execution of an inmate convicted of fatally stabbing a prison guard while already on Florida's death row.
Askari Abdullah Muhammad, previously known as Thomas Knight, was set to die by lethal injection Tuesday evening.
The 62-year-old Muhammad was first condemned to die for the 1974 abduction and killings of Sydney and Lillian Gans, a Miami couple. He was sentenced to die again for killing corrections officer Richard Burke in 1980 using a sharpened spoon.
His execution has been delayed for so long because of numerous appeals and rulings, including a 1987 federal appeals court tossing out his death sentence because he hadn't been allowed to put character and background witnesses on the stand during the penalty phase. |
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Ind. Supreme Court to hear foul ball injury case
Court Line News |
2014/01/10 15:07
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The Indiana Supreme Court is taking up the case of a woman who wants to sue a minor-league baseball team over injuries she suffered when a foul ball struck her during a game.
The court was scheduled to hear oral arguments Thursday in Juanita DeJesus' effort to sue the Gary SouthShore RailCats over fractured facial bones and blindness in her left eye she says were caused by a ball striking her during a May 2009 game.
The Times of Munster reports DeJesus sued the RailCats' parent company in 2011 alleging it failed to install protective netting for spectators.
A local judge initially allowed her suit to proceed, but the Indiana Court of Appeals threw it out last year, ruling that foul balls' dangers are well-known to baseball fans. |
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Court grants law license to man in US illegally
Court Line News |
2014/01/06 11:08
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The California Supreme Court granted a law license Thursday to a man who has lived in the U.S. illegally for two decades, a ruling that advocates hope will open the door to millions of immigrants seeking to enter other professions such as medicine, accounting and teaching.
The unanimous decision means Sergio Garcia, who attended law school and passed the state bar exam while working in a grocery store and on farms, can begin practicing law immediately.
It's the latest in a string of legal and legislative victories for people who are in the country without permission. Other successes include the creation of a path to citizenship for many young people and the granting of drivers licenses in some states.
"This is a bright new day in California history and bodes well for the future," the Coalition for Humane Immigrant Rights of Los Angeles said in a statement.
The court sided with state officials in the case, which pitted them against the White House over a 1996 federal law that bars people who are in the U.S. illegally from receiving professional licenses from government agencies or with the use of public money, unless state lawmakers vote otherwise. |
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