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Court: Dismissal of cop's Black Lives Matter lawsuit is just
Lawyer Blog News | 2018/08/16 06:05
A federal appeals court says a Louisiana court rightly dismissed a deputy's lawsuit accusing Black Lives Matter and several leaders of inciting violence that led to a deadly 2016 attack on law enforcement officers.

The Advocate reports a three-judge panel of the 5th U.S. Circuit Court of Appeals in New Orleans unanimously supported the lower court's ruling Wednesday. A judge found last year that the lawsuit failed to state a plausible claim for relief.

The suit doesn't name the officer but its description of the plaintiff matches East Baton Rouge Parish Sheriff's Deputy Nicholas Tullier, who was critically wounded by 29-year-old Gavin Long. Long killed three law enforcement officers and was later gunned down by authorities.

The attack occurred less than two weeks after a white Baton Rouge officer killed 37-year-old black man Alton Sterling during a struggle.



Ugandan pop star, a government critic, faces military court
Court Feed News | 2018/08/15 20:05
A pop singer and prominent critic of Uganda's government was charged with unlawful possession of firearms and ammunition in a military court on Thursday for his alleged role in clashes in which the longtime president's motorcade was attacked by people throwing stones.

Lawmaker Kyagulanyi Ssentamu, whose stage name is Bobi Wine, was arrested in the northwestern town of Arua earlier this week. In a court session closed to reporters, he was remanded and will reappear on Aug. 23, the military said in a statement.

Ssentamu's wife insisted he doesn't know how to handle a weapon, and rights activists demanded his release. In a suburb of the capital, Kampala, small groups of his supporters took to the streets and burned tires in protest but police quickly dispersed them, national police spokesman Emilian Kayima said.

Three other lawmakers arrested alongside Ssentamu were charged earlier on Thursday with treason in a magistrates' court in the northern town of Gulu, where he was detained.

Many Ugandans expressed concern for Ssentamu's safety after Uganda's deputy prime minister told lawmakers he had been hospitalized in custody, without giving details.

The clashes broke out on Monday when Ssentamu and other politicians, including President Yoweri Museveni, were in Arua campaigning in a by-election to choose a lawmaker after the previous one was shot dead near Kampala in June.

Ssentamu's driver was shot dead in the clashes. The lawmaker later posted a picture of the dead man on Twitter, saying he had been killed by the police "thinking they've shot at me."

A group of lawmakers authorized by the parliamentary speaker to investigate the situation told reporters on Thursday that they had been unable to see the pop star.



Zimbabwe's opposition challenges election results in court
Court Feed News | 2018/08/13 23:41
Zimbabwe's main opposition party on Friday filed a legal challenge to the results of the country's first election without Robert Mugabe on the ballot, alleging "gross mathematical errors" and calling for a fresh vote or a declaration that their candidate Nelson Chamisa was the winner.

The filing brings more uncertainty to a country that had hoped the peaceful vote would begin a new era but has been rocked since then by scenes of military in the streets and opposition supporters harassed and beaten.

The court now has 14 days to rule, and Justice Minister Ziyambi Ziyambi said the inauguration, once planned for Sunday for President Emmerson Mnangagwa, is "on hold' until then.

Zimbabwe's main opposition party on Friday filed a legal challenge to the results of the country's first election without Robert Mugabe on the ballot, alleging "gross mathematical errors" and calling for a fresh vote or a declaration that their candidate Nelson Chamisa was the winner.

The filing brings more uncertainty to a country that had hoped the peaceful vote would begin a new era but has been rocked since then by scenes of military in the streets and opposition supporters harassed and beaten.

The court now has 14 days to rule, and Justice Minister Ziyambi Ziyambi said the inauguration, once planned for Sunday for President Emmerson Mnangagwa, is "on hold' until then.



Nevada Supreme Court taking up execution case
Lawyer Blog News | 2018/08/13 06:40
The Nevada Supreme Court has stepped in to decide whether drug companies can try to stop the state from using their medications in a twice-postponed lethal injection of a condemned inmate who wants to die.

A state court judge in Las Vegas cancelled hearings Thursday following an order late Wednesday from six of the high court's seven justices.

Supreme Court intervention had been sought by the state attorney general's office regarding the execution of Scott Raymond Dozier.

The judge had planned to hear drugmaker Sandoz's request to join a bid by Alvogen and Hikma Pharmaceuticals to prevent Nevada from using their products in a three-drug combination never before tried in any state.

A Nevada death-row inmate whose execution has been postponed twice says the legal fight over his fate is taking a tortuous toll on him and his family and he wants his sentence carried out.

Scott Raymond Dozier told The Associated Press that the state should, in his words, "just get it done, just do it effectively and stop fighting about it."

Dozier's comments in a brief prison telephone call on Wednesday came a day before a third drug company is due to ask a state court judge in Las Vegas to let it join with two other firms suing to block the use of their products in executions.

The companies say they publicly declared they didn't want their products used in executions and allege that Nevada improperly obtained their drugs.


Court, regulators clash over uranium project in South Dakota
Class Action News | 2018/08/12 06:40
Federal regulators recently abandoned a proposed survey of Native American cultural resources at a planned uranium mine site in the southwest part South Dakota, just days before a judge decided the survey is required by federal law.

The contradictory actions could further complicate and prolong a regulatory review process that is already nearly a decade old, the Rapid City Journal reported.

Powertech (USA) Inc., a subsidiary of Canada-based Azarga Uranium, wants to develop a mine 13 miles northwest of Edgemont, on the remote southwestern edge of the Black Hills. The project is named "Dewey-Burdock," for two old town sites in the area.

The uranium would be mined by the "in situ" method, which involves drilling dozens of wells across a wide area. A liquid solution is pumped underground to dissolve the uranium and bring it to the surface, so it can be processed for use in nuclear power plants.

Contention over the potential presence of Native American burial sites, artifacts and other cultural resources within the 17-square-mile area of the proposed mine has been ongoing since Powertech applied to the U.S. Nuclear Regulatory Commission for a license in 2009. Nevertheless, the commission granted the license in 2014, even as a dispute about the lack of an adequate cultural resources survey was still pending before the commission's Atomic Safety and Licensing Board.


Supreme Court examines Kentucky's medical review panels
Court Feed News | 2018/08/11 06:39
After Ezra Claycomb was born with severe brain damage and cerebral palsy, his mother considered filing a medical malpractice lawsuit. But in 2017, Kentucky's Republican-controlled legislature passed a law requiring all such lawsuits first be reviewed by a panel of doctors.

The law gave the panel nine months to issue an opinion on whether the lawsuit is frivolous — yet section 14 of Kentucky's Constitution says every person has access to the courts "without ... delay."

Claycomb's parents sued to block the new law, making Kentucky the latest state to have its medical review panels challenged in court.

A circuit judge agreed the law was unconstitutional. But Republican Gov. Matt Bevin appealed that decision to the state Supreme Court, which heard arguments Wednesday.

"This is a modern day version of the poll tax," said attorney J. Guthrie True, who represents Claycomb in a lawsuit he says has class action status to represent all patients. "This has one purpose, and that is to obstruct the courthouse door."

Matthew Kuhn, an attorney for the governor, said the state Constitution's ban on delaying access to the courts only applies to the court system itself. It does not apply to the legislature, which he says has the power to impose rules on the court system. He noted Kentucky has other laws that limit when people can file lawsuits. For example, heirs wanting to sue the executor of an estate must wait at least six months after the executor has been appointed before they can do so. Kuhn says that law has never been challenged.

Kuhn said the medical review process is helpful because it gets the two sides talking before a lawsuit is filed, which could jumpstart settlement discussions. It also makes sure both sides have all the evidence collected before they go to a judge.




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