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US appeals court upholds roadless rule in forests
Lawyer Blog News |
2011/10/22 16:55
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A federal appeals court on Friday upheld a rule prohibiting roads on nearly 50 million acres of land in national forests across the United States, a ruling hailed by environmentalists as one of the most significant in decades.
Mining and energy companies, however, say it could limit development of natural resources such as coal, oil and natural gas.
The 10th U.S. Circuit Court of Appeals backed the 2001 Roadless Area Conservation Rule after lawyers for the state of Wyoming and the Colorado Mining Association contended it was a violation of the law.
Supporters of the roadless rule say the court's decision preserves areas where outdoor enthusiasts like to hunt, fish, hike and camp. It also protects water quality and wildlife habitat for grizzly bears, lynx and Pacific salmon, supporters say.
"Without the roadless rule, protection of these national forests would be left to a patchwork management system that in the past resulted in millions of acres lost to logging, drilling and other industrial development," said Jane Danowitz, director of the Pew Environment Group's U.S. public lands program. |
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Indiana, Planned Parenthood in court over funding
Lawyer Blog News |
2011/10/21 16:08
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Planned Parenthood of Indiana can end a dispute over a law that would cut some of its public funding if it became two separate entities, with one offering abortion services and the other offering general health services, an attorney for the state told a federal appeals court Thursday.
Solicitor General Thomas Fisher said during oral arguments before the 7th Circuit Court of Appeals in Chicago that Indiana's new law is aimed at keeping taxpayer dollars "from indirectly subsidizing abortions."
He told the appeals court that Planned Parenthood of Indiana could ensure that wouldn't happen by separating its operations into two entities.
"Only by separating the two can we be sure that there's no cross-subsidy," Fisher said.
Planned Parenthood's attorney, Ken Falk of the American Civil Liberties Union, told the appeals court during the 45-minute hearing that Indiana's own Medicaid agency warned state lawmakers while they were weighing the legislation that it would violate Medicaid recipients' "freedom of choice" by targeting the abortion provider. |
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SC high court to hear primary case
Lawyer Blog News |
2011/10/20 12:17
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South Carolina's Supreme Court has agreed take a case challenging the state's authority to conduct the GOP's first-in-the-South presidential primary in January. Papers are due in court next week. Beaufort, Chester, Greenville and Spartanburg counties says the state Election Commission lacks the authority to run the primary and that it can't force them to pick up part of the tab. The counties estimate the primary will cost $2 million, with state and the state Republican Party picking up about $1.3 million or about 65 percent. State Attorney General Alan Wilson agreed the state Supreme Court should take up the case. Wilson argues the state has the authority to run the primary because it was included in the state budget law. |
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Minn. appeals court upholds $1M U verdict
Lawyer Blog News |
2011/10/18 17:26
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The Minnesota Court of Appeals has upheld a $1 million civil verdict against the University of Minnesota and men's basketball coach Tubby Smith, denying their request for a new trial.
The ruling Monday says the school must pay $1 million to Jimmy Williams, a former Oklahoma State assistant coach who quit in 2007 because he believed Smith had offered him an assistant coaching job. The offer was apparently withdrawn after the university's athletic director discovered Williams had NCAA recruiting violations in his past.
Last year, a Hennepin County jury found Smith misrepresented his authority by offering Williams the post. A district court judge later reduced the jury's award to Williams from $1.25 million to $1 million. The state Appeals Court also denied Williams' request to reinstate the initial jury award. |
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Court blocks Ala. from checking student status
Lawyer Blog News |
2011/10/17 10:19
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Armando Cardenas says he has thought about leaving Alabama because of the possibility of being arrested as an illegal immigrant and the hostility he feels from residents.
But now that a federal appeals court has sided with the Obama administration and dealt a blow to the state's toughest-in-the-nation immigration law, Cardenas said he will stay for at least a while longer.
"It's not easy to leave everything you have worked so hard for," Cardenas said after the appeals court blocked public schools from checking the immigration status of students.
The decision from the 11th U.S. Circuit Court of Appeals also said police can't charge immigrants who are unable to prove their citizenship, but it let some parts of the law stand, giving supporters a partial victory. The decision was only temporary and a final ruling isn't expected for months, after judges can review more arguments.
Unlike in other states where immigration crackdowns have been challenged in the courts, Alabama's law was left largely in effect for about three weeks, long enough to frighten Hispanics and drive them away from the state. Construction businesses said Hispanic workers had quit showing up for jobs and schools reported that Latino students stopped coming to classes. |
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Former HP CEO seeks to keep damaging letter secret
Lawyer Blog News |
2011/10/13 15:38
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The Delaware Supreme Court is weighing whether to maintain the secrecy surrounding a letter from an actress' lawyer that led to the ouster of former Hewlett-Packard Co. CEO Mark Hurd following allegations of sexual harassment. The letter was sent to Hurd last year by celebrity attorney Gloria Allred on behalf of Jodie Fisher, an actress who was hired to help with HP networking events and subsequently accused Hurd of sexual harassment. Fisher reached a private settlement with Hurd in August 2010 for an undisclosed amount. HP announced the next day that Hurd was resigning. Instead of being fired, Hurd walked away with a severance package worth tens of millions of dollars. A Delaware Court of Chancery judge ruled in March that the letter, which was attached to a complaint filed by an HP shareholder seeking company records regarding Hurd's departure, should be unsealed. Hurd attorney Rolin Bissell argued Wednesday that Hurd and Fisher expected the letter to be kept confidential. He suggested that disclosure of the letter would violate their rights under California laws regarding personal privacy and the confidentiality of mediation in legal disputes. Bissell also argued that neither Delaware's law regarding shareholder access to corporate books and records, nor the presumption of openness of court records, require unsealing the letter. |
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