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EU top court holds up state's say in Volkswagen
Headline News | 2013/10/23 18:56
The European Union's top court has upheld a law giving a German government authority a blocking minority in Volkswagen AG, Europe's largest carmaker.

The Court of Justice on Tuesday dismissed a lawsuit against the rule brought by the European Commission, the 28-nation bloc's executive arm that also acts as the antitrust watchdog.

The German state of Lower Saxony's 20 percent stake in the Wolfsburg-based automaker gives it the right to block corporate decisions — a lower threshold than the 25 percent blocking minority for all other German public companies. But the court ruled the law still meets the relevant European requirements.

Lower Saxony state governor Stephan Weil, in turn, expressed "great joy" about the ruling, calling it a good day for the state and the company's employees, according to a statement issued by his office.

Volkswagen declined to comment on the verdict since the company wasn't a party to the lawsuit by the Commission against Germany. The company owns 12 car brands including Audi, Seat and high-end sports car maker Porsche.

The court also struck down a fine sought by the Commission which would have cost German authorities several dozen millions of euros.

The Commission initiated proceedings against the so-called Volkswagen law in 2005. A 2007 Court of Justice ruling then invalidated parts of it, forcing Germany to amend the law to its present form. Still, the Commission maintained it inhibits the free movement of capital within the EU.


High court weighs Mich. ban on affirmative action
Headline News | 2013/10/14 20:53
After the Supreme Court ruled a decade ago that race could be a factor in college admissions in a Michigan case, affirmative action opponents persuaded the state's voters to outlaw any consideration of race.

Now, the high court is weighing whether that change to Michigan's constitution is itself discriminatory.

It is a proposition that even the lawyer for civil rights groups in favor of affirmative action acknowledges a tough sell, at first glance.

"How can a provision that is designed to end discrimination in fact discriminate?" said Mark Rosenbaum of the American Civil Liberties Union. Yet that is the difficult argument Rosenbaum will make on Tuesday to a court that has grown more skeptical about taking race into account in education since its Michigan decision in 2003.

A victory for Rosenbaum's side would imperil similar voter-approved initiatives that banned affirmative action in education in California and Washington state. A few other states have adopted laws or issued executive orders to bar race-conscious admissions policies.



PG&E starts pipeline shutdown under court order
Headline News | 2013/10/07 17:41
Pacific Gas & Electric Co. says it will comply with a judge's order and shut down a natural gas pipeline after safety issues were raised.

The utility said Sunday it believes the pipeline is safe despite an engineer's email questioning the safety of the 83-year-old line's welds. PG&E said it could take until Tuesday to safely shut down the line and seamlessly switch its customers to another line.

A judge ordered the line shut down after San Carlos city officials discovered the email and declared a "state of emergency."

The email said PG&E's records incorrectly show the line containing a newer, more reliable weld than it actually has.

PG&E said state-of-the-art tests show the line is safe and that it was shutting the line only because of the court order.



Appeals court affirms AWOL soldier's life sentence
Headline News | 2013/08/21 19:52
A federal appeals court has affirmed two life terms against an AWOL soldier who planned to detonate a bomb inside a Texas restaurant frequented by Fort Hood soldiers.

Naser Jason Abdo appealed that his arrest was unlawful, that he had been denied access to an expert witness and that he was unfairly charged twice for the same offense. But the 5th U.S. Circuit Court of Appeals in New Orleans on Monday threw out all Abdo's claims, saying the August 2012 sentence stands.

Stan Schwieger, Abdo's lawyer, said the aim of the appeal was to get a trial and now he will most likely request an "en banc" review of the appeal, meaning that all the judges of the 5th Circuit would have to review the three-judge panel's opinion. Such a review is discretionary and, according to Schwieger, only 1 percent of cases that go before the Circuit Court of Appeals get it.

Abdo was AWOL from Fort Campbell, Ky., when he was arrested with bomb-making materials in 2011. A federal jury convicted him in May 2012 on six charges including attempting to use a weapon of mass destruction. Abdo also was found guilty of attempted murder of U.S. officers or employees and four counts of possessing a weapon in furtherance of a federal crime of violence.


NY man pleads guilty in Paula Deen extortion case
Headline News | 2013/08/19 22:41
A New York man pleaded guilty in federal court Friday to trying to extort $200,000 from Paula Deen by threatening to reveal damaging information about the embattled celebrity cook if she didn't pay him to stay quiet.

"I had, I guess, some bad judgment," 62-year-old Thomas George Paculis told a U.S. District Court judge in Savannah.

"I do take responsibility for what I have done."Paculis, of Newfield, acknowledged sending emails to Deen's attorney offering to trade his silence for cash in June. It came a few days after documents became public that revealed the former Food Network star had said under oath that she used racial slurs in the past.

As Deen's culinary empire began to crumble, Paculis claimed he could reveal things that would bring her "financial hardship and even ruin," according to one email that invited Deen's lawyer to "make me an offer I can't refuse."

Neither Paculis nor federal authorities have revealed what sort of dirt the defendant claimed he could dish up regarding Deen or if he truly had any at all. He owned a restaurant in Savannah in the 1990s, but Deen told the FBI she didn't recognize his name or his face.


Colo. senators go to court to halt recall efforts
Headline News | 2013/07/18 06:25
Two Colorado Democratic state senators facing recalls over their support for new gun restrictions argued Wednesday to stop the proceedings, telling a judge the petitions against them are invalid and that no election should be set until judicial review is complete.

State Senate President John Morse of Colorado Springs and Pueblo Sen. Angela Giron argue the recall petitions against them were improperly worded and didn't ask for an election to appoint a successor.

Denver District Court Judge Robert Hyatt heard arguments Wednesday and will rule Thursday afternoon whether to grant a preliminary injunction.

Supporters of the recall maintain their petitions are valid. The Secretary of State's office has agreed and is seeking a court order to force Democratic Gov. John Hickenlooper to set an election date.


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