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Alaska Supreme Court to Hear Youths’ Climate Change Lawsuit
Court Feed News | 2019/10/09 18:16
The Alaska Supreme Court will hear arguments in a lawsuit that claims state policy on fossil fuels is harming the constitutional right of young Alaskans to a safe climate.

Sixteen Alaska youths in 2017 sued the state, claiming that human-caused greenhouse gas emission leading to climate change is creating long-term, dangerous health effects.

The lawsuit takes aim at a state statute that says it’s the policy of Alaska to promote fossil fuels, said Andrew Welle of Oregon-based Our Children’s Trust, a nonprofit organization dedicated to protecting natural systems for present and future generations.

“The state has enacted a policy of promoting fossil fuels and implemented it in a way that is resulting in substantial greenhouse gas emissions in Alaska,” Welle said in a phone interview. “They’re harming these young kids.”

A central question in the lawsuit, as in previous federal and state lawsuits, is the role of courts in shaping climate policy.


Ohio counties tell court: Don’t let state stop opioid trial
Court Feed News | 2019/10/03 19:43
Two Ohio counties are telling a court to deny their state attorney general’s request to delay a major trial over the toll of opioids.

Attorney General Dave Yost asked a federal appeals court in August not to let a district judge move ahead with a case scheduled to begin Oct. 21.

It would be the first federal trial of claims brought by a government seeking to hold the drug industry accountable for the opioid crisis.

The attorney general says the state’s similar claims should move ahead of those brought by Cuyahoga and Summit counties, home to Cleveland and Akron.

The counties say the state doesn’t have a say because it’s not part of this case. The judge in charge of the Oct. 21 trial has also denied the state’s request.



‘The Supreme Court Is Not Well. And the People Know It.’
Court Feed News | 2019/09/10 17:04
The Supreme Court as we once knew it?as a national institution that could at least sometimes stand apart from partisanship?died last year. The ongoing fight over its corpse spilled into public view last week.

On Thursday, 53 United States senators?every member of the Republican caucus?wrote a “letter” to the clerk of the Supreme Court assuring the justices that the Republican Party has their back. The Democrats, the senators told the Court, pose “a direct, immediate threat to the independence of the judiciary.”

The spat is about guns. The Court has granted review in a Second Amendment case entitled New York State Rifle & Pistol Association Inc. v. City of New York, New York, which (nominally) tests an obscure New York City ordinance governing how firearms owners could?note the past tense?travel with their weapons.

Under city law as it was when the case began, New Yorkers with a “premises” license had to keep their guns in their homes at all times, except when being taken to a licensed target-shooting facility for practice and training. But those facilities had to be in New York City itself. “Premises” licensees could not put their guns in their trunk and drive out of town for any reason?not to go to a gun range, not to compete in a shooting match, not to take the guns to a second home.



Cock-a-doodle-doo! French rooster crows over court win
Court Feed News | 2019/09/10 17:02
ing is exasperating Fesseau’s neighbors, a retired couple who moved to the island two years ago. They asked the court to make the animal move farther away, or shut up.

Instead, the judge in the southwest city of Rochefort ordered them to pay 1,000 euros ($1,005) in damages to Fesseau for reputational harm, plus court costs.

“That made my clients feel very bad,” their lawyer Vincent Huberdeau said. He said Fesseau intentionally put her chicken coop close to her neighbors’ window and then turned Maurice into a cause celebre for rural traditions, and that the judge went too far in punishing the plaintiffs instead.

Their case also backfired in the court of public opinion, at least locally. More than 120,000 people signed a petition urging authorities to leave Maurice alone ? and a “support committee” made up of roosters and hens from around the region came to support his owner during the trial in July.

“The countryside is alive and makes noise ? and so do roosters,” read one of their signs.

The ruling may spell good news for a flock of ducks in the Landes region of southwest France, where a trial is underway between farmers and neighbors angry over the creatures’ quacks and smell.

Authorities also ruled against residents of a village in the French Alps who complained in 2017 about annoying cow bells, and an effort last year to push out cicadas from a southern town to protect tourists from their summer song also failed.

Since Maurice’s tale came to light, some French lawmakers have suggested a law protecting the sounds and smells of the countryside as part of France’s rural heritage.


Louisiana high court rejects ‘NOLA No-Call’ suit against NFL
Court Feed News | 2019/09/08 00:00
A New Orleans Saints fan’s lawsuit against the NFL and game officials over the failure to call a crucial penalty against the Los Angeles Rams in a January playoff game was dismissed Friday by the Louisiana Supreme Court.

The ruling appeared to be a death blow to the last remaining lawsuit over what’s come to be known as the “NOLA No-Call.” It also means that, barring a reversal, Commissioner Roger Goodell and game officials will not have to be questioned under oath in New Orleans, as a lower court had previously ordered.

There were no dissents among the seven court members in the reversal of the lower court’s ruling.

Attorney Antonio LeMon had sued, alleging fraud and seeking damages over game officials’ failure to flag a blatant penalty: a Rams player’s helmet-to-helmet hit on a Saints receiver with a pass on the way. The lack of a penalty call for pass interference or roughness helped the Rams beat the Saints and advance to the Super Bowl.

LeMon was reviewing the decision Friday afternoon and was expected to comment later on whether he might seek a rehearing.

The unsigned opinion invoked precedent in a nearly 75-year-old case, stating that Louisiana law gives the ticket to a “place of public amusement” is a license to witness a performance. “Applying this reasoning to the case at bar, we find plaintiffs’ purchase of a ticket merely granted them the right of entry and a seat at the game,” the ruling said. “Plaintiffs have not alleged that these rights were revoked or denied in any way.”

LeMon, who filed with three other ticket-holders, had argued that the circumstances of the game ? and his lawsuit ? are unique. The suit wasn’t simply filed over a missed call, his filing said. Among its allegations are claims that fraud and “implicit or unconscious bias” on the part of game officials from the Los Angeles area led to the decision not to flag the penalty.


Court rules Rams lawsuit can be heard in St. Louis courtroom
Court Feed News | 2019/08/30 23:55
The Missouri Supreme Court has ruled that a lawsuit filed over the Rams' departure from St. Louis will be heard in a St. Louis courtroom, a defeat for the NFL team's owner who sought to send the case to arbitration.

The court issued its ruling Tuesday in a lawsuit filed by St. Louis city and county and the St. Louis Regional Convention and Sports Complex Authority, which owns the domed stadium where the Rams formerly played. It named Rams owner Stan Kroenke, who moved the team to Los Angeles for the 2016 season, the NFL and league owners.

It wasn't immediately clear if an appeal was planned. Messages left Wednesday with the Rams, Kroenke's attorney and the NFL were not immediately returned

The lawsuit alleged that the Rams' departure violated a 1984 league guideline that was established after the Raiders moved from Oakland to Los Angeles. The league, the Rams and Kroenke have argued that the disagreements should be settled behind closed doors in arbitration.

The suit seeks financial damages, but a win for the city, county and dome authority would not return the team to St. Louis.

The Rams' departure left a bitter taste in St. Louis, which lost an NFL team for the second time in 30 years ? the Cardinals moved to Arizona in 1987.

Last month, a judge gave preliminary approval to the settlement of a separate suit filed on behalf of fans who bought St. Louis Rams tickets and team merchandise. The settlement could be worth up to $25 million. The


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