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Appeals court rejects Ky. online hotel tax suit
Lawyer News | 2009/12/24 11:06

A federal appeals court has upheld the dismissal of a lawsuit in which Louisville and Lexington officials tried to collect taxes from hundreds of online hotel brokers such as Hotels.com.

The U.S. 6th Circuit Court of Appeals ruled on Tuesday that Kentucky's law governing hotel taxes doesn't cover online travel companies. U.S. District Judge Thomas Russell dismissed the suit in 2008.

The city of Louisville three years ago sued hundreds of Web sites, including Orbitz and Travelocity, that rent discount hotel rooms, accusing the online travel companies of not paying taxes on the rooms rented.

Lexington joined the lawsuit, asking Russell to award an unspecified amount from the online travel companies to the two municipalities and to the 24 cities and 25 Kentucky counties that have hotel taxes.



NC court backs video poker ban off Cherokee land
Lawyer Blog News | 2009/12/24 10:04

North Carolina's appeals court on Tuesday upheld a statewide ban on video poker machines except those operated by the Eastern Band of Cherokee Indians in their Smoky Mountains casino.

A three-judge court panel ruled unanimously that a 2006 state law giving the tribe exclusive gaming rights within North Carolina does not violate a federal Indian gaming law as an amusement machine vendor had argued.

The tribe operates Harrah's Cherokee Casino, which attracts more than 3.5 million visitors a year and generates revenues of more than $250 million annually. Tribal members in June received checks for $3,892 in the first of this year's twice-a-year payments.

The ruling overturned a February decision by Wake County Superior Court Judge Howard Manning that sided with the gaming company and could have again legalized video poker machines in all 100 counties.

But the appeals court said the federal Indian Gaming Regulatory Act allows states to grant tribes preferential gaming rights in hopes the revenues would expand tribal self-government, economic development, and political stability.



Court rejects Polanski move to have case dismissed
Lawyer Blog News | 2009/12/22 13:04

A California appeals court on Monday rejected Roman Polanski's bid to have his 32-year-old sex case dismissed, but cited grave concerns over possible judicial and prosecutorial misconduct.

The California 2nd District Court of Appeal announced it had denied the petition, with justices saying they are "deeply concerned" about the probable misconduct by a now-deceased judge and a retired prosecutor who advised him.

"We encourage all participating parties to do their utmost to ensure that this matter now draws to a close in a manner that fully addresses the issues of due process and fundamental fairness raised by the events of long ago," the court's opinion stated.

While a blow to Polanski's efforts to have the case dismissed and win his freedom from Swiss authorities, the ruling cast serious doubt on how the case was handled.

The new focus ignited public passions, with some angrily calling for Polanski to be imprisoned. Others, including some colleagues in the film industry, have advocated for his freedom.

The appeals court faulted Polanski for fleeing the country rather than seeking legal remedies at the time. But it also said repeatedly it is time for the case to be over.

It raised a number of potential options for Polanski, including seeking sentencing in absentia, but it did not require further action by the trial judge. Polankski is under house arrest at his chalet in Gstaad, Switzerland, fighting extradition.

Attorneys for the fugitive director argued earlier this month that misconduct in the case was grounds for dismissal of a charge of having unlawful sex with a minor. They also contended Polanski didn't need to be present to argue for dismissal.



Ohio governor says he regrets slot machine plan
U.S. Legal News | 2009/12/22 12:06

A feisty, yet reflective Gov. Ted Strickland said Monday that his biggest mistake in 2009 was deciding to rely on revenue from racetrack slot machines that were later sidelined by the Ohio Supreme Court.

It was one of the most controversial decisions the Democratic governor had to make in a challenging year that stretched government finances to their limit and left Strickland a little battered heading into a re-election campaign.

Strickland confronted a collapsed economy, high unemployment, sagging poll numbers, and a botched execution he had to call off about two hours after preparations began. Still, the governor told The Associated Press in a year-end interview in his Statehouse office that he will run for re-election against Republican John Kasich.

Strickland rattled off a number of accomplishments, including an overhaul in Ohio's school funding system, changes to the curriculum and an expansion of health coverage.

Ohio's devastated budget led Strickland in June to reverse a long-held antigambling stance to call for slot machines at the state's seven racetracks. But the Ohio Supreme Court later ruled that the plan is subject to a referendum by the voters, squelching any chance the machines could raise revenue in time to help the sagging two-year budget.



NC lawyers try to block release of 2 killers
Court Feed News | 2009/12/21 17:23
The attorney general's office in North Carolina is petitioning the state Supreme Court to block the release of two convicted killers who had been serving life sentences.

Lawyers filed their petition Friday, a day after the state appeals court rejected a request to keep Alford Jones and Faye Brown behind bars. If the appeals court order stands, the inmates will go free at 5 p.m.

State courts previously sided with the inmates in determining their life sentences were actually defined in the 1970s as 80 years. The inmates say that with sentence-reduction credits, that means their terms are now complete.

The state disagrees and says the prisoners should not receive any sentence-reduction credits for good behavior.



Settlement reached in farmworkers' suit in Miss.
Lawyer Blog News | 2009/12/21 17:21

A lawsuit filed on behalf of 27 Mexican farm workers against a Mississippi sweet potato operation has been settled.

A joint notice filed with the U.S. District Court shows the settlement was reached this past week in the suit against Ryan Alexander and Alexander Farms, located in Vardaman.

The workers were employed under the federal H-2 Visa program in 2006. The suit was filed in September 2008 and claimed breach of contract and denied wages.

The notice did not give the settlement amount.

Attorneys for the plaintiffs and defendant didn't return calls seeking comment about the case.



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