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Colorado Supreme Court hears high-stakes oil and gas lawsuit
Topics in Legal News | 2018/10/15 16:40
An attorney for six young people who want the state to impose tougher safeguards on the energy industry told the Colorado Supreme Court on Tuesday that the law requires regulators to protect public health from the hazards of drilling.

A lawyer for the state countered that regulators acted properly when they rejected a request for stronger health protections on the grounds that they did not have the authority to impose them.

The justices heard oral arguments in the high-stakes case but did not say when they would rule.

The case revolves around how much weight energy regulators should give public health and the environment — a contentious issue in Colorado, where cities often overlap lucrative oil and gas fields and drilling rigs sit within sight of homes and schools.

The six young plaintiffs in the case asked the Colorado Oil and Gas Commission, which regulates the industry, to enact a rule that would require energy companies to show they would not harm human health or the environment before regulators issued a drilling permit.

The commission responded that it did not have that authority. Commission members said Colorado law required them to balance public safety with responsible oil and gas production.

Colorado Solicitor General Frederick R. Yarger, representing the attorney general's office, told the Supreme Court that the commission correctly interpreted state law to mean it must consider other factors in addition to public health.


Georgia high court won't stop vote on creation of new city
Topics in Legal News | 2018/10/15 16:39
Georgia's highest court on Monday declined to stop voting in a referendum on whether a new city of Eagle's Landing should be created from part of the existing city of Stockbridge.

The General Assembly passed two acts that were signed by the governor earlier this year to create Eagle's Landing from land that is currently part of Stockbridge combined with unincorporated parts of Henry County. The proposed city's creation must be approved by local voters, but Stockbridge residents who live outside the boundaries of the proposed city won't get a say.

Opponents, including the Stockbridge mayor, say creation of a new city would take a significant amount of city's land and tax revenue and harm the Stockbridge's ability to pay municipal bond obligations.

Proponents of a new city say they want to secure better city services, increase property values and attract high-end businesses. But opponents say race is a factor. About 20 miles (30 kilometers) southeast of Atlanta, Stockbridge is predominantly black, while the city of Eagle's Landing would have a higher proportion of white residents.

Stockbridge sued the Henry County elections director and members of the county commission and asked a judge to declare that the acts setting up the referendum violated the state Constitution. The judge declined, and the city appealed to the Georgia Supreme Court, which heard arguments in the case last week.


Top French court to rule on faulty breast implant scandal
Topics in Legal News | 2018/10/08 10:50
France's top court is ruling Wednesday in a case that may require some 1,700 women around the world to pay back compensation they received over rupture-prone breast implants.

The decision is the latest in a years-long legal drama that has potential implications for tens of thousands of women from Europe to South America who received the faulty implants, which were made with industrial-grade silicone instead of medical silicone. The scandal helped lead to tougher European medical device regulations.

France's Court of Cassation is ruling Wednesday in one of multiple legal cases stemming from the affair. The case concerns German products-testing company TUV Rheinland, which was initially ordered to pay 5.7 million euros (currently $6.5 million) damages to the women.

The manufacturer of the implants, French company Poly Implant Prothese, or PIP, was convicted of fraud. But the bankrupt manufacturer couldn't pay damages to the women, who suffered from often painful, leaky implants — so they sought compensation from TUV Rheinland instead, arguing it should have never certified the product in the first place.

An appeals court in Aix-en-Provence later found the Germany company was not liable for the faulty implants, and ordered women to pay back the damages in 2015. TUV Rheinland lawyer Cecile Derycke says the company has paid 5.7 million euros ($6.5 million) overall to the women involved in this case, many in Colombia but also around Europe and elsewhere.

The case is now at the Court of Cassation, which will decide whether to uphold the appeals ruling or send it back for new legal proceedings. Lawyer Derycke argues that TUV Rheinland is being unfairly held responsible for PIP's wrongdoing.

Lawyer Olivier Aumaitre, representing thousands of women with the implants, argues that if no one is held responsible, then Europe's consumer product certification system is meaningless.

While 1,700 women will be directly affected by Wednesday's ruling, it could have fallout for thousands of others who joined other lawsuits seeking damages from TUV Rheinland.


Indian court allows deportation of 7 Rohingya to Myanmar
Topics in Legal News | 2018/10/03 16:17
India on Thursday deported its first group of Rohingya Muslims since the government last year ordered the expulsion of members of the Myanmar minority group and others who entered the country illegally.

The deportation was carried out after the Supreme Court rejected a last-minute plea by the seven men's lawyer that they be allowed to remain in India because they feared reprisals in Myanmar. They were arrested in 2012 for entering India illegally and have been held in prison since then.

Indian authorities handed the seven over to Myanmar officials at a border crossing in Moreh in Manipur state, a police officer said on condition of anonymity because he was not authorized to talk to reporters. Each carried a bag of belongings.

The Supreme Court said it would allow their deportation because Myanmar had accepted them as citizens. Government attorney Tushar Mehta told the judges that Myanmar had given the seven certificates of identity and 1-month visas to facilitate their deportation.

Most Rohingya Muslims in Buddhist-majority Myanmar are denied citizenship and face widespread discrimination.

Defense attorney Prashant Bhushan said the government should treat them as refugees, not as illegal migrants, and send a representative of the U.N. High Commissioner for Refugees to talk to them so they would not be deported under duress.

About 700,000 Rohingya have fled to Bangladesh since August 2017 to escape a brutal campaign of violence by Myanmar's military.

An estimated 40,000 other Rohingya have taken refuge in parts of India. Less than 15,000 are registered with the U.N. High Commissioner for Refugees.

Many have settled in areas of India with large Muslim populations, including the southern city of Hyderabad, the northern state of Uttar Pradesh, New Delhi, and the Himalayan region of Jammu-Kashmir. Some have taken refuge in northeast India bordering Bangladesh and Myanmar.


Sotomayor tells kids: Reading helped me reach Supreme Court
Topics in Legal News | 2018/09/16 11:42
Justice Sonia Sotomayor says reading helped her reach the Supreme Court.

Sotomayor on Sunday celebrated the release of her two children's books by speaking to parents and children at the Newark Public Library in New Jersey.

The Star-Ledger of Newark reports she said she never dreamed she would become a Supreme Court justice because she didn't know what one was when she was a child. She says her mother made sure books were part of her upbringing.

Sotomayor's books, "Turning Pages: My Life Story" and "The Beloved World of Sonia Sotomayor!" examine how her family and her determination moved her through life.


Appeals court won't block ruling on candidate party label
Topics in Legal News | 2018/08/25 10:19
North Carolina Republicans have been dealt another setback in their efforts to remove a state Supreme Court candidate's party affiliation from the ballot.

The state Court of Appeals declined Monday to hear the request of GOP legislative leaders to block a lower court's order that candidate Chris Anglin be listed as a Republican on the November ballot.

A trial court judge this month halted enforcement of a new law removing party designations next to the names of Anglin and a few other judicial candidates because they had switched their affiliation too close to filing.

Anglin was a registered Democrat until three weeks before he filed to run. He says the law unfairly targeted him.

The state Supreme Court could still step in, but time is dwindling before ballots must be printed.


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