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Appeals court in NYC reinstates wiretaps lawsuit
Court Feed News | 2011/04/05 16:19

A lawsuit challenging a law that lets the United States eavesdrop on overseas communications more widely and with less judicial oversight than in the past was reinstated Monday by a federal appeals court that said new rules regarding surveillance had put lawyers, journalists and human rights groups in a "lose-lose situation."

The 2nd U.S. Circuit Court of Appeals said it took no position on the merits of the lawsuit brought by those in jobs that require them to speak with people overseas, saying only that the plaintiffs had legal standing to bring it against the latest version of the Foreign Intelligence Surveillance Act.

U.S. District Judge John G. Koeltl in Manhattan had sided with the government in a 2009 ruling, saying the plaintiffs lacked standing to sue since none of them could show they were subject to the surveillance. He said Americans' fears that their conversations would be monitored and their rights violated were "purely subjective."

Attorneys, journalists and human rights groups whose work might require speaking to possible surveillance targets had brought the lawsuit on constitutional grounds, saying new government procedures for eavesdropping on international communications forced them to take costly and burdensome steps to protect the confidentiality of their overseas communications.

In a lengthy written ruling, the 2nd Circuit said the plaintiffs had standing to sue in part because they had established that they had a reasonable fear of injury from the surveillance and had incurred costs to avoid it.



Wis. judge to look at how union law was passed
Court Feed News | 2011/04/01 16:00

Having declared that Wisconsin's divisive union law isn't really a law yet, a judge was set to return to one of the underlying questions dogging the measure — whether Republicans violated the state's open meetings law during the frenzied run-up to passage.

Republican Gov. Scott Walker's administration reluctantly suspended efforts to enact the law Thursday after Dane County Circuit Judge Maryann Sumi unexpectedly declared the measure hadn't been properly published. The move marked another round in a messy legal fight over the law, which requires most public workers to pay more for their benefits and strips away most of their collective bargaining rights.

Democrats and unions have filed three lawsuits challenging the law. Dane County District Attorney Ismael Ozanne's action has taken center stage so far; he alleges Republicans didn't provide the proper public notice when it convened a special committee to amend the plan before its passage.

Sumi earlier issued an emergency restraining order blocking the secretary of state from publishing of the bill while she considered the case, but Republicans persuaded another state office to publish it, raising questions of whether the law was in effect. Sumi settled that unequivocally with her declaration early Thursday morning: No.

The judge is scheduled to take more testimony on the open meetings allegations on Friday. It's unclear when Ozanne may rule, but any decision almost certainly will trigger a storm of appeals that could stretch to the state Supreme Court.



Abuse cases against Santa Rosa diocese withdrawn
Court Feed News | 2011/03/31 14:35

A lawyer for four men who claim they were molested by a priest at their Northern California parish says he has temporarily withdrawn his clients' lawsuits against the Roman Catholic Diocese of Santa Rosa.
Attorney Joseph George said Wednesday that he is working with a Minnesota lawyer with an international clergy abuse practice to expand the scope of the suits involving former priest Patrick Joseph McCabe.

McCabe is awaiting extradition to his native Ireland to face charges that he sexually abused young boys there in the 1970s and early '80s.

George says the Minnesota lawyer, Jeff Anderson, is traveling to Ireland this weekend to try to gather information showing that church officials in Dublin knew McCabe was a pedophile when they allowed him to transfer to St. Bernard's Parish in Eureka.

McCabe served in the parish from 1983 to 1985. He has denied abusing any children.



W.Va. woman admits stealing from law firm
Court Feed News | 2011/03/31 11:37

A Morgantown woman has pleaded guilty to embezzling more than $140,000 from the law firm where she worked.

Forty-year-old Lisa Buttermore pleaded to three counts Wednesday in Monongalia County Circuit Court.

Each embezzlement charge carries a possible sentence of one to 10 years.

Assistant Prosecutor Stephen Fitz says he'll recommend five years of probation instead.

The Dominion Post reports that Buttermore also must make monthly restitution payments and forfeit money in her retirement account.

Buttermore didn't tell the court why she stole the money from Gianola, Barnum, Wigal & London between 2008 and 2010. She declined comment after the proceeding.



Ind. high court hears Evansville dog bite suit
Court Feed News | 2011/03/30 13:05

The Indiana Supreme Court will decide whether southern Indiana officials should be held liable for a dog that bit a 6-year-old Evansville boy.

The court heard oral arguments in the case Wednesday.

Misty Davis sued the city of Evansville on behalf of her son, Shawn. Her suit argues that animal control officials knew that the Rottweiler that attacked him was dangerous but failed to sanction its owner under the city's dangerous animal ordinance, making the attack possible

A trial judge agreed with officials' argument that they were immune, but the state Court of Appeals in August voted 2-1 to reverse that ruling.



Court throws out NYC officer's $5M award .
Court Feed News | 2011/03/28 13:02

An appeals court has thrown out a verdict that awarded $5 million to a former New York City police officer who accidentally shot himself in the knee.

Anderson Alexander had sued the city, claiming he accidentally shot himself in 2002 while leaning back in a faulty chair in Brooklyn's 73rd Precinct. He retired from the force after undergoing several surgeries.

A jury in 2008 awarded him $5 million in damages. It found the city was negligent despite testimony that nothing broke on the chair.

A Supreme Court justice declined to throw out the verdict. But last week, the Appellate Division overruled the judge, saying there was no evidence to show the city knew the chair was defective.

Alexander's lawyer, Matthew Naparty, said his client is evaluating his options.



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