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Lawyers will seek to shift blame for warehouse fire at trial
Class Action News | 2018/08/18 23:05
Lawyers for the two men charged in the Northern California warehouse fire that killed 36 people said Friday they are now preparing for a trial where they will try to shift blame for the blaze from their clients to others, including the building's owner and government officials.

Derick Almena, 48, and Max Harris, 28, on Friday appeared briefly in an Oakland courtroom for the first time since a judge scuttled a plea deal agreed to by prosecutors. They were ordered back to court in three weeks to schedule a trial.

Outside court, the men's lawyers say there's plenty of blame to share for the Dec. 2, 2016, fire in an Oakland warehouse illegally converted into an underground entertainment venue and live-work space for artists. The cause of the fire has never been determined, which the lawyers said is key part of the men's defense.

Serra also said numerous government officials visited the illegally converted warehouse before the fire, and they had a duty to report the building's condition to authorities. Almena lived in the warehouse with his wife and three children and were visited by Alameda County's Child Protective Services officials several times. Oakland police officers were also called to the warehouse on several occasions to investigate noise complaints and tenant disputes, among other issues.



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.


SC Supreme Court to decide if elected sheriff is qualified
Class Action News | 2018/08/03 23:16
Clarke Stearns has been working as sheriff for more than 18 months in McCormick County, but it's still up in the air whether he is qualified to be the county's top lawman.

Stearns' Democratic opponent in the 2016 election, J.R. Jones, sued him within a month after his victory, saying Stearns never served as a law officer in South Carolina and therefore didn't meet the requirement of being a certified officer in the state.

Stearns' lawyers have successfully argued so far that his 30 years certified as a law enforcement officer in Virginia are more than enough to cover the qualification to be sheriff and he also got his certification in South Carolina after the election.

After a lower court judge ruled against Jones, the lawsuit is now going before the state Supreme Court. Jones' lawyer Charles Grose, told The Index-Journal of Greenwood the Supreme Court has expedited the case.

Stearns, a Republican, received 57 percent of the vote in the 2016 election.

Both sides said they have sent their briefs to the South Carolina Supreme Court and are ready for the justices either to rule or set a time for arguments.

Under South Carolina law , sheriffs must be at least 21 years old, a citizen of the United States, a registered voter and have a year of experience as a certified officer if they have a four-year college degree.


The Latest: Zimbabwe's president welcomes court challenge
Class Action News | 2018/08/02 23:17
Zimbabwe's president says people are free to approach the courts if they have issues with the results of Monday's election, which he carried with just over 50 percent of the vote.

President Emmerson Mnangagwa spoke to journalists shortly after opposition leader Nelson Chamisa called the election results manipulated and said they would be challenged in court. Chamisa received 44 percent of the vote but says his supporters' own count gave him 56 percent.

Mnangagwa is praising the vote as free and fair despite the opposition concerns and those of international election observers who noted the "extreme bias" of state media and the "excessive" use of force when the military cracked down on opposition protesters in the capital on Wednesday.

The president also is looking forward to his inauguration, saying that under the constitution it should happen nine days after election results are declared.

Zimbabwe's president is praising "a free, fair and credible election, as we have always promised" and "unprecedented flowering of freedom and democracy in our beloved homeland" even as the opposition loudly rejects the results.

President Emmerson Mnangagwa spoke shortly after opposition leader Nelson Chamisa said Monday's peaceful election had been manipulated and said the results would be challenged in court.

Mnangagwa, a former enforcer of longtime leader Robert Mugabe, has tried to recast himself as a voice of change. He is calling the deadly violence against opposition supporters in the capital on Wednesday "unfortunate" and says Chamisa has a crucial role to play in Zimbabwe's future.



Donald Trump Jr., wife due in court for divorce hearing
Class Action News | 2018/07/29 23:18
Donald Trump Jr. and his estranged wife Vanessa are expected to appear before a judge in New York City for a hearing in their divorce case.

They're due in state Supreme Court in Manhattan on Thursday. Vanessa Trump filed for divorce in March. Afterward, they issued a joint statement saying they will "always have tremendous respect for each other."

The 2007 birth of the couple's first child made Donald Trump Sr. a grandfather a decade before he became president.

The Trumps were married in 2005 and have five children. Former Fox News Channel personality Kimberly Guilfoyle recently left the network amid news that she's dating Donald Trump Jr. She has joined a super PAC supporting the president. The divorce, initially listed as uncontested, is now contested.


Trump has 2 or 3 more candidates to interview for court
Class Action News | 2018/07/03 17:02
President Donald Trump has interviewed four prospective Supreme Court justices and plans to meet with a few more as his White House aggressively mobilizes to select a replacement for retiring Justice Anthony Kennedy.

Eager to build suspense, Trump wouldn't divulge whom he's talking to in advance of his big announcement, set for July 9. But he promised that "they are outstanding people. They are really incredible people in so many different ways, academically and in every other way. I had a very, very interesting morning."

Spokeswoman Sarah Huckabee Sanders said Trump met with four people for 45 minutes each Monday and will continue meetings through the rest of the week. She said Tuesday he has "two or three more that he'll interview this week and then make a decision."

The interviews were with federal appeals judges Raymond Kethledge, Amul Thapar, Brett Kavanaugh and Amy Coney Barrett, said a person with knowledge of the meetings who was not authorized to speak publicly about them. The Washington Post first reported the identities of the candidates Trump spoke with.

The president spent the weekend at his Bedminster golf club, consulting with advisers, including White House counsel Don McGahn, as he considers his options to fill the vacancy with a justice who has the potential to be part of precedent-shattering court decisions on abortion, health care, gay marriage and other issues.

McGahn will lead the overall selection and confirmation process, the White House said Monday, repeating the role he played in the successful confirmation of Justice Neil Gorsuch last year.

McGahn will be supported by a White House team that includes spokesman Raj Shah, taking a leave from the press office to work full time on "communications, strategy and messaging coordination with Capitol Hill allies." Justin Clark, director of the Office of Public Liaison, will oversee White House coordination with outside groups.

Trump's push came as the Senate's top Democrat tried to rally public opposition to any Supreme Court pick who would oppose abortion rights. Senate Minority Leader Chuck Schumer issued a campaign-season call to action for voters to prevent such a nominee by putting "pressure on the Senate," which confirms judicial nominees.

With Trump committed to picking from a list of 25 potential nominees that he compiled with guidance from conservatives, Schumer said any of them would be "virtually certain" to favor overturning Roe v. Wade, the 1973 case that affirmed women's right to abortion. They would also be "very likely" to back weakening President Barack Obama's 2010 law that expanded health care coverage to millions of Americans, he said.

Schumer said that while Democrats don't control the Senate — Republicans have a 51-49 edge — most senators back abortion rights. In an unusually direct appeal to voters, he said that to block "an ideological nominee," people should "tell your senators" to oppose anyone from Trump's list.

"It will not happen on its own," the New Yorker wrote in an opinion column in Monday's New York Times. "It requires the public's focus on these issues, and its pressure on the Senate."

Schumer's column appeared a day after Sen. Susan Collins, R-Maine, said she would oppose any nominee she believed would overturn Roe v. Wade. Collins, who appeared on ABC's "This Week" and CNN's "State of the Union," said she would only back a judge who would show respect for settled law such as the Roe decision, which has long been anathema to conservatives.


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