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Mich. files suit in US high court over Asian carp
Lawyer Blog News | 2009/12/28 09:33

Michigan asked the U.S. Supreme Court on Monday to sever a century-old connection between the Great Lakes and the Mississippi River system to prevent Asian carp from invading the lakes and endangering their $7 billion fishery.

State Attorney General Mike Cox filed a lawsuit with the nation's highest court against Illinois, the U.S. Army Corps of Engineers and the Metropolitan Water Reclamation District of Greater Chicago. They operate canals and other waterways that open into Lake Michigan.

Bighead and silver carp from Asia have been detected in those waterways after migrating north in the Mississippi and Illinois rivers for decades.

Officials poisoned a section of the Chicago Sanitary and Ship Canal this month to prevent the carp from getting closer to Lake Michigan while an electrical barrier was taken down for maintenance.

But scientists say DNA found north of the barrier suggest at least some of the carp have gotten through and may be within 6 miles of Lake Michigan. If so, the only other obstacle between them and the lake are shipping locks and gates, which open frequently to grant passage for cargo vessels.

The lawsuit asks for the locks and waterways to be closed immediately as a stopgap measure, echoing a call by 50 members of Congress and environmental groups last week. But the suit goes further, also requesting a permanent separation between the carp-infested waters and the lakes.



Court snubs Star Trek fan's memorabilia lawsuit
Court Feed News | 2009/12/24 18:03

A "Star Trek" fan isn't entitled to millions of dollars in damages for buying memorabilia that he says wasn't as out-of-this-world as it seemed, a court said.

Ted Moustakis wasn't promised he was getting a one-of-a-kind plum when he paid $11,400 for a uniform for "Star Trek: The Next Generation" character Data at a 2006 auction, an appeals court said Tuesday.

The court also said Moustakis is due at most a refund for two other purchases he says were fakes: a $6,000 poker visor supposedly worn by Data and a $6,600 table from the show's set.

Auction house Christie's and CBS Consumer Products, which oversees "Star Trek" merchandise, praised the ruling. Moustakis' lawyer didn't immediately return a telephone call.

The longtime Trekkie from Towaco, N.J., has said he was thrilled to get the items — until he showed the visor to the actor who played the android Data, Brent Spiner, at a 2007 fan convention.

Spiner told him the visor wasn't genuine, according to Moustakis' lawsuit. Moustakis said he later found the table also was inauthentic, and the uniform was one of several made for the program. Christie's had led him to believe it was unique, he said.

The state Supreme Court's Appellate Division said the auction catalog didn't represent the costume as one-of-a-kind, and even if the other items weren't as advertised, Moustakis isn't entitled to "the massive recovery he now demands" in his $7 million lawsuit.

Christie's has said it stood behind the authenticity of the auction, tied to the hit show's 40th anniversary.



NY court: Consider harsher sentence in terror case
Lawyer Blog News | 2009/12/24 18:03
A federal appeals court in New York City says a judge who sentenced a disbarred lawyer to just over two years in prison should consider a harsher sentence in light of the case's terrorism connection.

The Manhattan federal appeals court on Wednesday reissued its decision upholding the conviction of ex-lawyer Lynne Stewart, saying it has serious doubts whether her sentence of two years and four months is reasonable.

The 70-year-old Stewart was locked up last month after the court said she should begin serving the penalty for her 2005 conviction on charges she let a jailed Egyptian terrorism client's messages reach his followers. The court also directed she be resentenced.

A defense lawyer for Stewart hasn't returned a telephone call from The Associated Press seeking comment. Prosecutors won't comment.



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.



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