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Pakistan's opposition calls on court to oust prime minister
Court Line News | 2017/07/16 22:50
Opposition parties in Pakistan on Monday called on the Supreme Court to remove Prime Minister Nawaz Sharif from office after an investigation found that he and his family possess wealth exceeding their known sources of income.

The investigation is linked to the mass leak of documents from a Panama-based law firm in 2016, which revealed that Sharif and his family have offshore accounts.

Naeem Bukhari, a lawyer for opposition leader Imran Khan, submitted the request to the court. The court has the constitutional power to disqualify someone from serving as prime minister, and is expected to rule in the coming weeks.

The Sharifs have denied any wrongdoing. Their attorney, Khawaja Haris, argued Monday that the probe was flawed. The court will resume hearing the case Tuesday.


Appeals court backs Jimmy John's franchisee in labor dispute
Court Line News | 2017/07/05 16:52
A company that owns 10 Jimmy John's sandwich shops in the Twin Cities was within its rights to fire six union workers who circulated posters critical of the company's sick-leave policy, a federal appeals court ruled Monday.

The full 8th U.S. Circuit Court of Appeals reversed a three-judge appeals panel, which had affirmed a National Labor Relations Board ruling in favor of the workers, who were part of a unionization drive by the Industrial Workers of the World at shops owned by MikLin Enterprises.

The full appeals court concluded that the poster attack was "so disloyal" that it wasn't protected by federal labor law.

The posters were timed to the flu season in early 2011. They protested the company's policy against workers calling in sick without finding replacements to take their shifts, and accused the company of putting the health of its customers at risk. The poster features two identical photos of Jimmy John's sandwiches but said one was made by a healthy worker and one was made by a sick worker.

"Can't tell the difference?" the poster read. "That's too bad because Jimmy John's workers don't get paid sick days. Shoot, we can't even call in sick. We hope your immune system is ready because you're about to take the sandwich test."

The poster and a press release were distributed to more than 100 local and national news organizations, and the IWW threatened wider distribution if its demands were not met.

The NLRB concluded that MikLin violated protections for employee communications to the public that are part of an ongoing labor dispute. The three-judge appeals panel agreed. But the full appeals court said the board misapplied a controlling precedent set in a 1953 U.S. Supreme Court case that permits firings for disloyalty when the quality of a company's product is attacked, as opposed to communications targeting the employer's labor practices.



Indiana high court to rule on Lake Michigan beach ownership
Court Line News | 2017/07/01 16:51
The Indiana Supreme Court will decide who owns the land immediately adjacent to Lake Michigan.

Don and Bobbie Gunderson claim their land on Lake Michigan extends to the water’s edge, meaning no one can access the beach by their house without permission, the (Northwest Indiana) Times reported.

The state said it owns the land in a trust for all residents up to the “ordinary high-water mark.” The line is generally defined as the mark on the shore where the presence of water is continuous enough to distinguish it from land through erosion, vegetation changes or other characteristics.

The state was granted the land at statehood in 1816, said Indiana Solicitor General Thomas Fisher. He said the state must control beach erosion, which it can’t do effectively if nearby homeowners are allowed to claim the beach as their own.

The high court’s order granting transfer of the case vacates a 2016 state Court of Appeals ruling that established an unprecedented property-sharing arrangement between the state and lakefront landowners. All parties involved with the case agreed the appellate court’s decision was unsatisfactory and asked the state Supreme Court to rule on the matter independently.

Justices will receive written briefs and likely hear oral arguments later this year before issuing a decision, likely in 2018.

The decision will determine if visitors can walk, sunbathe and play on Lake Michigan beaches located between the water and privately owned properties next to the lake.


Another ex-Arpaio underling testifies against him in court
Court Line News | 2017/06/29 09:42
Two ex-members of former Sheriff Joe Arpaio’s immigration enforcement squad testified against their old boss Wednesday, with one man describing how the agency defied a judicial order to stop rounding up immigrants.

Arpaio, 85, is charged with misdemeanor contempt of court for disobeying a federal judge’s order to end his patrols that rounded up immigrants suspected of being in the U.S. illegally.

If convicted, the former six-term sheriff of metro Phoenix could face up to six months in jail.

Arpaio created a squad called the Human Smuggling Unit that was the main immigration enforcer while he was Maricopa County Sheriff. Prosecutors called a former member of that squad, Lt. Brian Jakowinicz, to the witness stand to describe its immigration efforts from 2012 to 2013.

Jakowinicz testified that he spoke to the leaders of the unit during that time, and they said the agency’s legal troubles over immigration had been resolved — despite being under an injunction to stop immigration enforcement.

“They didn’t want … to change anything,” he said. “Everything was running smoothly.” Arpaio has acknowledged prolonging the patrols, but insists his disobedience was unintentional and puts the blame on his former lawyer.

The case marks a harsh rebuke against a lawman who became a national political celebrity with his Arizona immigration patrols but lost his bid for a seventh term in office last year amid voter frustration stemming from the huge bill he ran up over his many legal tangles.

Jakowinicz testified he personally talked to Arpaio about the agency’s practice of handing over immigrants in the country illegally to the U.S. Border Patrol.



Case of gay couple's wedding cake heads to Supreme Court
Court Line News | 2017/06/28 09:42
A Colorado clash between gay rights and religion started as an angry Facebook posting about a wedding cake but now has big implications for anti-discrimination laws in 22 states.

Baker Jack Phillips is challenging a Colorado law that says he was wrong to have turned away a same-sex couple who wanted a cake to celebrate their 2012 wedding.

The justices said Monday they will consider Phillips' case, which could affect all states. Twenty-two states include sexual orientation in anti-discrimination laws that bar discrimination in public accommodations.

Phillips argues that he turned away Charlie Craig and David Mullins not because they are gay, but because their wedding violated Phillips' religious belief.

After the couple was turned away in 2012, they complained about Masterpiece Cakeshop on Facebook, then filed a complaint with the Colorado Civil Rights Commission. The state sided with the couple.

"It solidified the right of our community to have a right to public accommodations, so future couples are not turned away from a business because of who they are," Mullins said Monday.

Phillips says that artisans cannot be compelled to produce works celebrating an event that violates the artist's religion. A lawyer for Phillips pointed out that another Denver-area baker was not fined for declining to bake a cake with an anti-gay message.

"The government in Colorado is picking and choosing which messages they'll support and which artistic messages they'll protect," said Kristen Waggoner of the Alliance Defending Freedom, which took the baker's case.

The decision to take on the case reflects renewed energy among the high court's conservative justices, whose ranks have recently been bolstered by the addition of Justice Neil Gorsuch.

The Colorado case could settle challenges from at least a half-dozen other artists in the wedding i


Supreme Court limits ability to strip citizenship
Court Line News | 2017/06/22 09:44
The Supreme Court on Thursday limited the government's ability to strip U.S. citizenship from immigrants for lying during the naturalization process.

The justices ruled unanimously in favor of an ethnic Serb from Bosnia who lied about her husband's military service.

Justice Elena Kagan wrote for the court that false statements can lead to the revocation of citizenship only if they "played some role in her naturalization."

The court rejected the position taken by the Trump administration that even minor lies can lead to loss of citizenship.

The woman, Divna Maslenjak, and her family were granted refugee status in 1999 and settled near Akron, Ohio, in 2000. She became a citizen in 2007.

She initially told immigration officials her husband had not served in the Bosnian Serb military. That was a lie, she later conceded, and lower courts upheld a criminal conviction against her. The conviction automatically revoked her citizenship, and she and her husband were deported in October.


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