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Judge: Conn. town can't hold graduations in church
Lawyer Blog News | 2010/06/01 16:08

A federal judge has ruled two Connecticut public high schools can't hold their graduations inside a church because that would be an unconstitutional endorsement of religion.

U.S. District Court Judge Janet Hall made the ruling Monday in the case of Enfield High School and Enrico Fermi High School, both in Enfield.

The Enfield school board says it voted to hold services June 23 and 24 at The First Cathedral in Bloomfield because it had enough space at the right price. But two students and three of their parents sued.

The judge says Enfield had unconstitutionally entangled itself with religion by agreeing to cover much of the church's religious imagery. She also says the town coerced the plaintiffs to support religion by forcing them to enter the church for graduation.



Court: Victims can sue ex-Somali prime minister
Lawyer Blog News | 2010/06/01 15:07

The Supreme Court on Tuesday refused to block a lawsuit against a former prime minister of Somalia over claims that he oversaw killings and torture in his home country.

The high court said it will allow lawsuits against Mohamed Ali Samantar to go forward despite his claims of immunity under the Foreign Sovereign Immunities Act. However, the court warned that the U.S. District Court will have to decide whether Samantar can access other claims of immunity that could stop the trial.

The court's decision could have broad foreign policy implications. Allowing lawsuits against former foreign officials living in the United States could increase the likelihood that U.S. officials would be sued in overseas courts. An increase in the number of U.S. lawsuits dealing with past actions in foreign countries could also affect the United States' current ties with those countries.

Samantar was defense minister and prime minister of Somalia in the 1980s and early 1990s under dictator Siad Barre.

He now lives in Virginia. He is being sued under the Torture Victim Protection Act by Somalis living in the United States who were subjected to persecution in the 1980s. They say Samantar was in charge of military forces who tortured, killed or detained them or members of their families.



California court cases against Toyota consolidated
Lawyer Blog News | 2010/05/27 15:48

A 10-page order signed on Wednesday by Los Angeles County Superior Judge Carl West also recommends that the state-based litigation, consisting of consumer-fraud class actions and personal injury claims, be assigned to a single judge in neighboring Orange County.

The order lists 40 separate cases filed so far in California courts against the Japanese automaker seeking damages for sudden, unintended acceleration of Toyota vehicles, said Aldwin Lim, a court clerk.

A final decision on assigning the cases rests with the chief justice of the state Supreme Court, Ronald George, and he is expected to render his decision in two to three weeks.

Complaints of runaway vehicles and other safety issues have led to the recall of more than 8.5 million Toyota vehicles worldwide, most for repairs of ill-fitting floor mats and sticking gas pedals the automaker blames for surging engines.

At a hearing before West on Tuesday, a lawyer for Toyota Motor Corp urged the judge to order all the California court cases to be sent to Orange County, the same jurisdiction where over 100 separate Toyota cases brought in U.S. district courts around the country have been assigned to a single federal judge.



Intn'l court reports Sudan to UN Security Council
Lawyer Blog News | 2010/05/26 10:14
The International Criminal Court said Wednesday it has reported Sudan to the U.N. Security Council for refusing to arrest a government minister and a militia leader suspected of war crimes in Darfur.

Judges at the court said in a report that Sudan has refused to hand over Humanitarian Affairs Minister Ahmed Harun and Janjaweed militia leader Ali Kushayb.

"After taking all possible measures to ensure the cooperation of the Republic of the Sudan, the Chamber concludes that the Republic of the Sudan is failing to comply with its cooperation obligations," the report said.

The court ordered the men arrested in 2007 on a total of 51 charges of crimes against humanity and war crimes.



Feds ask Va. health reform lawsuit be dismissed
Lawyer Blog News | 2010/05/25 11:05
The Obama administration is asking a federal judge in Virginia to dismiss the state's lawsuit challenging the constitutionality of the new health reform law.

In a motion filed hours before the court deadline on Monday, Health and Human Services Secretary Kathleen Sebelius argued that Congress acted well within its authority. It also claims Virginia lacks jurisdiction to sue.

State Attorney General Ken sued hours after Congress passed the sweeping health reform bill in March.

He alleged that by requiring Virginians to buy health coverage or pay a fee, Congress exceeded its authority under the 10th Amendment.

Sebelius argues that the new law is well within the scope of the Commerce Clause of the Constitution.



Supreme Court to review Texan's death row case
Lawyer Blog News | 2010/05/24 13:57

The Supreme Court has agreed to decide whether a Texas death row inmate should have access to evidence for DNA testing that he says could clear him of three murders.

The justices said Monday they will use the case of Hank Skinner to decide whether prison inmates may use a federal civil rights law to do DNA testing that was not performed prior to their conviction.

Federal appeals courts around the country have decided the issue differently. The high court previously blocked Skinner's execution while it considered his appeal.

Skinner, 47, faced lethal injection for the bludgeoning and strangling of his girlfriend, Twila Jean Busby, 40, and the stabbing of her two adult sons. The slayings occurred at their home in the Texas Panhandle town of Pampa on New Year's Eve in 1993.

He was arrested about three hours after the bodies were found. Police found him in a closet at the trailer home of a woman he knew. He was splattered with the blood of at least two of the victims.



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