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Appeals court upholds Chicago ban on handguns
Legal Career News | 2009/06/03 16:22
A federal appeals court has upheld ordinances barring the ownership of handguns in most cases in Chicago and suburban Oak Park.


The three-judge panel of the 7th U.S. Circuit Court of Appeals said Tuesday the Second Amendment guaranteeing the right to bear arms is not an adequate basis for lawsuits attacking local gun ordinances.

The National Rifle Associated argued the Second Amendment makes such ordinances unconstitutional.

The Supreme Court has ruled in a District of Columbia case that the Second Amendment entitles people to keep handguns at home for self protection. The appeals court upheld dismissal of the lawsuit on the ground that the District of Columbia, unlike Chicago and Oak Park, is a federal jurisdiction.



Appeals court to hear appeal of Chrysler sale
Lawyer Blog News | 2009/06/03 16:21
A federal appeals court late Tuesday halted Chrysler's sale of the bulk of its assets to Italy's Fiat pending an appeal by a trio of Indiana state pension and construction funds.


The U.S. Court of Appeals for the Second Circuit will hear arguments in the case Friday afternoon in New York, according to the Indiana treasurer's office. Chrysler LLC had hoped to close the sale by the end of week, pending regulatory approval.

"We are pleased the Court of Appeals has agreed to hear our arguments," Indiana Treasurer Richard Mourdock said in a statement. "As we have stated from the beginning, Indiana retirees and Indiana taxpayers have suffered losses because of unprecedented and illegal acts of the federal government."

Chrysler has maintained that the deal with Fiat Group SpA is its only hope of avoiding selling itself off piece by piece. If the sale doesn't close by June 15, Fiat has the option of pulling out of the deal.

But the funds, which include the Indiana State Police Pension Fund, the Indiana Teacher's Retirement Fund, and the state's Major Moves Construction Fund, claimed that the deal as structured unfairly favors the interests of the company's unsecured stakeholders ahead of those of secured debtholders such as themselves.



Court upholds Navy cancellation of A-12 aircraft
Court Feed News | 2009/06/03 11:21
Boeing Co. and General Dynamics Corp. must pay the government $2.8 billion to settle a nearly two-decade dispute over the cancellation of a Navy contract for a stealth aircraft, the U.S. Court of Appeals for the Federal Circuit ruled Tuesday.


The Navy was justified in 1991 when it opted to terminate the $4 billion contract with McDonnell Douglas and General Dynamics to build a stealth aircraft, the court said.

Chicago-based Boeing, which acquired McDonnell Douglas in 1997, said it will appeal the ruling.

The aircraft project was ended for being substantially over budget and behind schedule, according to the Justice Department. Both contractors were under a fixed-price contract to develop the A-12, a carrier-based attack aircraft.

But because of serious technical difficulties, the Pentagon refused to approve additional funding, leading the Navy to cancel the program.

In a 29-page opinion, the court explained the contractor's performance history showed that "the government was justifiably insecure about the contract's timely completion."

Both contractors are now required to repay the government more than $1.35 billion, plus interest of $1.45 billion.

Boeing had questioned whether the government owed money to both companies for work in progress when the contract was terminated.

In a statement, Boeing called for an immediate appeal of the court's ruling. Falls Church, Va.-based General Dynamics issued a statement saying it disagrees with the ruling and continues to believe that the government's default termination was not justified. The company intends to seek a re-hearing in the Federal Circuit.



Reid praises Sotomayor as 'the whole package'
Lawyer Blog News | 2009/06/02 16:50
The Senate's top Democrat praised federal judge Sonia Sotomayor Tuesday as an extraordinarily well-qualified Supreme Court nominee whose background as an "underdog" appeals to Americans.


"We have the whole package here," said Sen. Harry Reid, seated beside Sotomayor before the two met in his Capitol office. He called her life story "compelling."

"America identifies with the underdog, and you've been an underdog many times in your life, but always the top dog," Reid, D-Nev., said of Sotomayor, the New York-born daughter of Puerto Rican parents who would be the first Hispanic and the third woman on the high court.

Citing her Princeton and Yale education and long experience as a lawyer and judge, Reid said: "We could not have anyone better qualified."

The visit was the start of a daylong schedule of meet-and-greets with Republicans and Democrats designed to let senators get to know President Barack Obama's nominee before they debate confirming her.

Sotomayor was also meeting with the top Republican, Sen. Mitch McConnell of Kentucky, and leaders of the Judiciary Committee, Chairman Patrick J. Leahy, D-Vt., and senior GOP Sen. Jeff Sessions of Alabama.

Republican senators have already begun to question remarks Sotomayor has made in the past about how her life experiences influence her judicial decisions. In turn, Democrats have defended her as a fair and unbiased judge, and all sides say they are eager to talk to her privately and question her in public hearings to come.



Extend or end? Minn. Senate race up to high court
Legal Career News | 2009/06/02 10:51
In an hour of rapid-fire questions over Minnesota's disputed Senate election, the state's highest court focused on whether vote-counting flaws alleged by Republican Norm Coleman were severe enough to deny Democrat Al Franken the win.


Barely a minute into oral arguments, justices challenged Coleman's attorneys on the adequacy of evidence they presented in an election trial and the legality of their suggested remedy: that more ballots be counted even if some absentee voters didn't fully comply with the law.

"It's possible there are statutory violations which do not rise to the level of constitutional violation," Justice Alan Page said, alluding to a threshold appeals courts often turn to before reversing a lower-court decision.

The state Supreme Court justices can confirm Franken as the victor or reopen the count as Coleman wants.

Franken hopes the court orders that he immediately receive the election certificate required to take office. Franken is the potential 60th vote for Democrats in the Senate, though two of those are independents.

The court's involvement is the latest but maybe not the final stop. If Coleman loses, he could file a new case in federal court or petition for review by the U.S. Supreme Court, which isn't certain to take the case. If Franken doesn't like the result, he could ask the Senate itself to weigh in.



Gay marriage debate complicates SF mayor's future
Lawyer Blog News | 2009/06/01 15:08
San Francisco Mayor Gavin Newsom has been linked to gay marriage ever since he directed city clerks to issue marriage licenses to same-sex couples in 2004. Now he's running for governor and trying to broaden his appeal, but fate appears to be working against him.


The state Supreme Court's decision to uphold California's constitutional ban on gay marriage — and the prospect that an impassioned initiative to overturn it could share the ballot with next year's governor's race — holds consequences for candidates from both parties, but especially for the one most deeply associated with the issue.

The intensity of a statewide vote on same-sex marriage could make it difficult for Newsom to connect with centrist voters, millions of whom voted no on the issue last year.

"It certainly underlines Gavin Newsom's previous advocacy for same-sex marriage. I think that might be a two-edged sword for him," said Mark DiCamillo, director of the San Francisco-based Field Poll.

Other possible Democratic contenders including Attorney General Jerry Brown, Los Angeles Mayor Antonio Villaraigosa and Lt. Gov. John Garamendi also support same-sex marriage. So does one of the three leading Republican hopefuls, former U.S. Rep. Tom Campbell, but former eBay chief executive Meg Whitman and state Insurance Commissioner Steve Poizner oppose it.



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