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Stoddard firefighter charged with arson due in court
Headline Legal News | 2016/04/23 17:07
A volunteer firefighter charged with arson in connection with a brush fire that burned 190 acres in New Hampshire and prompted the evacuation of 17 homes is due to make his first court appearance.
 
David Plante is scheduled to be arraigned Monday in Keene.

The 31-year-old Stoddard man was charged Friday with one count of arson, but more charges are expected. He remains in custody after refusing to meet with a bail commissioner.

The fire started Thursday in Stoddard, about 40 miles west of the state capital of Concord. No injuries were reported.

Police have not said what evidence led them to Plante. It's unclear if he has an attorney.



Court upholds government's energy conservation program
Headline Legal News | 2016/02/07 14:11
The Supreme Court has upheld a 4-year-old federal program that pays large electric customers to save energy during times of peak demand.

The justices ruled 6-2 on Monday that the Federal Energy Regulatory Commission had the authority to issue directives aimed at conserving energy and preventing blackouts.

The ruling is a win for the Obama administration, environmental groups and other supporters who said the plan saved billions in energy costs, improved reliability of the power grid and reduced air pollution since it was put in place in 2011. Utility companies challenging the rule argued it was too generous and trampled state rights over retail electricity sales.

A federal appeals court ruled 2-1 last year that the plan intrudes on state power over retail electricity sales.


Court won't order immediate evaluation of mogul Redstone
Headline Legal News | 2016/02/02 14:10
A judge Monday declined to order a medical examination of Sumner Redstone but ruled that lawyers for his former companion can take the sworn testimony of two of the ailing media mogul's doctors.

Judge David J. Cowan also ruled that Redstone's longtime attorney, Viacom CEO Philippe Dauman, may also be deposed about his recent interactions with Redstone, but that any testimony he gives should be restricted to details about medical issues.

The rulings were made in a case pursued by Manuela Herzer, Redstone's former girlfriend who until recently had control over his medical care. She was kicked out of his home in October and contends that the 92-year-old can no longer carry on conversations or make informed decisions.

Redstone's attorney, Gabrielle Vidal, has objected to an independent evaluation of the doctor, citing recent evaluations by his doctors including a brain scan that didn't find any signs of impairment.

She praised Monday's ruling, saying Herzer's actions in the case represent a disregard for Redstone's welfare.


ACLU to appeal court ruling in Missouri drug testing case
Headline Legal News | 2016/01/30 14:10
The American Civil Liberties Union said it plans to appeal a federal court ruling that upheld a technical college’s plan to force every incoming student to be tested for drugs.

Tony Rothert, legal director for the ACLU’s Missouri chapter, told the Jefferson City News Tribune that the 8th U.S. Circuit Court of Appeals has given the organization until Jan. 4 to file a petition seeking a rehearing by either the same three-judge panel that issued the ruling earlier this month, or by all of the active 8th Circuit judges.

“We intend to request both,” Rothert said. “While rehearing is difficult to obtain, we are fortunate in this case to have a majority decision that is poorly crafted and departs from 8th Circuit and Supreme Court precedent.”

The ACLU filed the federal lawsuit in 2011 challenging a mandatory drug-testing policy Linn State Technical College’s Board of Regents approved in June of that year. The school since has changed its name to State Technical College of Missouri.

The lawsuit argued the policy violated the students’ Fourth Amendment right “to be secure . against unreasonable searches and seizures.”

When it started the program, the school said the testing policy was intended “to provide a safe, healthy and productive environment for everyone who learns and works at Linn State Technical College by detecting, preventing and deterring drug use and abuse among students.”

Under the policy, students had to pay a $50 fee for the drug test and could be blocked from attending if they refused to be tested.

U.S. District Judge Nanette Laughrey issued a ruling in September 2013 that limited the drug testing to five Linn State programs. But in its 2-1 vote earlier this month, the federal appeals court panel overturned her ruling as too narrow.


Ex-Costa Rica soccer chief pleads not guilty in FIFA probe
Headline Legal News | 2015/12/18 16:46
The former head of the Costa Rican football federation has pleaded not guilty in the U.S. after being charged in a sprawling investigation of bribes and kickbacks involving FIFA, soccer's governing body.

Eduardo Li pleaded not guilty during an initial appearance Friday in U.S. District Court in Brooklyn.

Authorities say Li was extradited to the U.S. a week after withdrawing his appeal against being sent. He was brought to New York on Friday.

Li's attorney says his client voluntarily returned to the U.S. and intends to fight the allegations.

About 20 soccer officials have been indicted on charges stemming from the U.S. investigation of corruption in the sport.


Kansas Supreme Court to take up school funding case
Headline Legal News | 2015/11/06 14:52
A case that has the potential to increase funding for Kansas schools goes before the state Supreme Court today, the same day that economists, legislative researchers and officials in Gov. Sam Brownback’s administration are expected to announce new, more pessimistic revenue projections.

Four districts that are suing the state have asked justices to lift a stay on a lower court ruling and release state funds to public school districts. A three-judge Shawnee County District Court panel found in June that the state’s newly enacted strategy for financing 286 school districts and cuts to state aid for low-income school districts were unconstitutional.

The Supreme Court approved Kansas Attorney General Derek Schmidt’s request for a stay on the order while he pursued an appeal. The state argues in court filings that “doomsday predictions” about students and the state suffering because of how schools are being funded “have proven to be pure hyperbole.”

Education, from K-12 through the collegiate level, is the state’s largest expenditure, accounting for 62 percent of its budget. Any increase in education spending has the potential to create budget havoc when the Legislature reconvenes in January.

Since the current fiscal year began in July, tax collections have fallen about 4.1 percent short of expectations, at $1.8 billion. The state has struggled to balance its budget since Republican legislators slashed personal income taxes in 2012 and 2013 at Brownback’s urging, in an effort to stimulate the economy.



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