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Court sides with Massey in W.Va. mine appeal
Lawyer Blog News | 2011/06/10 16:14

A federal appeals court has sided with the former Massey Energy in a dispute over the company's investigation of last year's deadly Upper Big Branch mine explosion.

The U.S. Court of Appeals for the District of Columbia ruled Friday that Massey is entitled to appeal restrictions placed on its investigation by federal investigators.

The federal Mine Safety and Health Review Commission had rebuffed Virginia-based Massey's request to appeal the restrictions last year.

Massey wanted the commission to set aside restrictions barring it from taking photos and collecting dust samples from the southern West Virginia mine, among other things.

The appellate court set aside the commission's decision rejecting Massey's appeal.

New Massey owner Alpha Natural Resources declined comment. The federal Mine Safety and Health Administration had no immediate comment.



Court says telephone companies must give access
Lawyer Blog News | 2011/06/09 15:53
The Supreme Court says large telephone companies have to provide their competitors discounted access to their network.

The high court on Thursday unanimously ruled for Talk America, Inc. in its battle to make AT&T give it cost-based rates for using its entrance facilities into its network.

The 6th U.S. Circuit Court of Appeals ruled incumbent telephone companies cannot be required to provide access to entrance facilities at a regulated rate for its competitors.

AT&T was trying to charge competitive rates for using its facility to get access to AT&T lines. Talk America argues that AT&T is required under the 1996 Telecommunication Act to provide discounted access to its entrance facilities.

The high court overturned the appeals court ruling.


Court: No shield law for message boards posters
Lawyer Blog News | 2011/06/07 16:09

The New Jersey Supreme Court says people posting in online message boards don't have the same protections for sources as mainstream journalists.

The court ruled Tuesday that New Jersey's shield law for journalists does not apply to such message boards.

The case involved a New Jersey-based software company named Too Much Media. It sued a Washington state blogger for defamation and wanted her to reveal sources she cited on message board posts.

Shellee Hale claimed customer information was compromised and that she should be protected from revealing her sources.

New Jersey's highest court says online message boards are little more than forums for discussion and don't fit the definition of news media as described by the law.



High court throws out lawsuit against Ashcroft
Lawyer Blog News | 2011/05/31 14:19

The Supreme Court has ruled that former Attorney General John Ashcroft cannot be sued over his role in the post-9/11 arrest of an American Muslim who was never charged with a crime.

By a 5-3 vote Tuesday, the court said Ashcroft did not violate the constitutional rights of Abdullah al-Kidd, who was arrested in 2003 under a federal law intended to make sure witnesses testify in criminal proceedings.

But even the justices who disagreed about the constitutional issue agreed that Ashcroft could not be personally sued for his role in al-Kidd's arrest. The court reversed a federal appeals court ruling that denied Ashcroft immunity from liability in this case.



Court refuses to reconsider Spector's appeal
Lawyer Blog News | 2011/05/28 18:07
An appeals court on Friday refused to reconsider music producer Phil Spector's appeal of his murder conviction, saying there was overwhelming evidence of his guilt.

The California 2nd District Court of Appeal panel acknowledged it did not consider an issue that defense lawyers now say was critical to his conviction.

The panel blamed the lawyers for failing to sufficiently brief the point and said they had no obligation to consider it.

They quoted case law saying, "Issues do not have a life of their own: if they are not raised ... we consider the issues waived."

Spector, a legendary rock music producer, was convicted two years ago of fatally shooting actress Lana Clarkson at his Alhambra mansion in 2003. He is serving 19 years to life in prison on a second-degree murder conviction.

His first trial ended in a hung jury; the second ended in a conviction.

Defense lawyer Dennis Riordan said he will be filing an appeal with the California Supreme Court on June 13. Riordan said in an interview the court ignored a central issue of the case.


Wis. DOJ asks court to lift ban on union law
Lawyer Blog News | 2011/05/28 18:07
State attorneys asked the Wisconsin Supreme Court on Friday to immediately vacate a Madison judge's decision striking down Republican Gov. Scott Walker's contentious collective bargaining law.

Judge Maryann Sumi invalidated the law on Thursday after finding Republican legislators violated Wisconsin's open records law during the run-up to passage in March. The decision came in a lawsuit Democratic Dane County District Attorney Ismael Ozanne filed challenging the law.

The state Justice Department is representing the Republicans. The agency's attorneys asked the state Supreme Court to take the case and the court set oral arguments on whether it should make a move for June 6. Deputy Attorney General Kevin St. John said in a letter to the justices late Friday they need to act now.

St. John said the issues have been fully briefed so the court can immediately vacate Sumi's decision without hearing any further argument.

He argued Sumi issued the decision on her own, even though no one involved in the case had asked for such a ruling. She didn't give any of the parties a chance to be heard on the final disposition.

He also reiterated the Justice Department's argument that the Republicans can't be sued because they enjoy legislative immunity and Sumi can't invalidate the law due to an open meetings violation.


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