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The Latest: Colorado governor announces Supreme Court pick
Law & Politics | 2018/06/02 02:26
Gov. John Hickenlooper has named Carlos Samour to the Colorado Supreme Court, filling a vacancy left by Chief Justice Nancy Rice's imminent retirement.

Samour, a judge in the 18th Judicial District in Arapahoe County, is best known for presiding over the Aurora theater shooting trial in 2015.

Samour was raised in El Salvador, where his father was also a judge. Hickenlooper said his family fled the country when Samour was 13 because his father feared retaliation for finding a military official guilty.

"His father was ousted from his judicial position and his home was riddled by bullets because his father chose to faithfully apply the laws of that country," said Hickenlooper, a Democrat.

Samour was chosen from three nominees after Rice in March announced her plans to retire at the end of June. She will have served more than four years as chief justice, nearly 20 years on the court and about 31 years total as a judge in Colorado.

Gov. John Hickenlooper on Wednesday plans to announce his choice to fill a vacancy on the Colorado Supreme Court.

Earlier this month, a judicial nominating commission gave the governor three judges to choose from, after Chief Justice Nancy Rice announced her retirement.

The nominees are Maria Berkenkotter, the former chief judge of the 20th Judicial District in Boulder County; Karen Brody, a judge in the 2nd Judicial District in Denver County; and Carlos Samour, a judge in the 18th Judicial District in Arapahoe County.


Court to consider fraud investigator in NFL concussion case
Headline News | 2018/05/28 02:27
A federal judge in Philadelphia is scheduled to hear arguments in the NFL's request for a special investigator to look into what the league says are fraudulent claims in a $1 billion concussion settlement.

The league last month cited an independent study it said found that more than 400 claims had been recommended for denial based on evidence of fraud by attorneys, doctors and former players.

Plaintiffs' lawyers contend the league is not awarding settlement funds fast enough. So far, $227 million in claims have been awarded.

The league says attempts to scam the system are responsible for delays. The NFL has asked that the investigator be granted subpoena power.

League officials say a special investigator would help ensure the integrity of the settlement. Arguments are scheduled for Wednesday.


Trump administration defends Keystone XL pipeline in court
Legal Career News | 2018/05/27 02:29
Trump administration attorneys defended the disputed Keystone XL oil sands pipeline in federal court on Thursday against environmentalists and Native American groups that want to derail the project.

President Barack Obama rejected the 1,179-mile (1,800-kilometer) line proposed by TransCanada Corporation in 2015 because of its potential to exacerbate climate change.

President Donald Trump revived the project soon after taking office last year, citing its potential to create jobs and advance energy independence.

Environmentalists and Native American groups sued to stop the line and asked U.S. District Judge Brian Morris to halt the project. They and others, including landowners, are worried about spills that could foul groundwater and the pipeline's impacts to their property rights.

Morris did not immediately rule following a four-hour Thursday hearing in federal court in Great Falls.

U.S. government attorneys asserted that Trump's change in course from Obama's focus on climate change reflected a legitimate shift in policy, not an arbitrary rejection of previous studies of the project.

"While the importance of climate change was considered, the interests of energy security and economic development outweighed those concerns," the attorneys recently wrote.

Morris previously rejected a bid by the administration to dismiss the lawsuit on the grounds that Trump had constitutional authority over the pipeline as a matter of national security.

Keystone XL would cost an estimated $8 billion. It would begin in Alberta and transport up to 830,000 barrels a day of crude through Montana and South Dakota to Nebraska, where it would connect with lines to carry oil to Gulf Coast refineries.

Federal approval is required because the route crosses an international border.

TransCanada, based in Calgary, said in court submissions that the pipeline would operate safely and help reduce U.S. reliance on crude from the Middle East and other regions.

The project is facing a separate legal challenge in Nebraska, where landowners have filed a lawsuit challenging the Nebraska Public Service Commission's decision to approve a route through the state.


Czech court: Attacker on Petra Kvitova taken into custody
Class Action News | 2018/05/23 02:28
A Czech Republic court has ruled a suspect in a knife attack on two-time Wimbledon champion Petra Kvitova be taken into custody.

Zuzana Buresova, a spokesperson for the county court in the city of Prostejov, says the court issued the ruling on Thursday. Buresova declined to give any further details.

Police have not commented yet, and declined to confirm the man's arrest, citing an ongoing investigation.

After the attack in her home in Prostejov in December 2016, Kvitova had surgery on injuries to her playing left hand.

It took her more than five months to recover.

In a message to local media from Paris, where she is getting ready for the French Open, Kvitova called it "good news."


Justices allow Arkansas to enforce abortion restrictions
Law & Politics | 2018/05/18 02:28
The Supreme Court is allowing Arkansas to put in effect restrictions on how abortion pills are administered. Critics of a challenged state law say it could effectively end medication abortions in the state.

The justices did not comment Tuesday in rejecting an appeal from the Planned Parenthood affiliate in Arkansas that asked the court to review an appeals court ruling and reinstate a lower court order that had blocked the law from taking effect. The law says doctors who provide abortion pills must hold a contract with another physician who has admitting privileges at a hospital and who would agree to handle complications.

The law is similar to a provision in Texas law that the Supreme Court struck down in 2016. The 8th U.S. Circuit Court of Appeals reversed the court order barring enforcement of the law, but put its ruling on hold while Planned Parenthood appealed to the Supreme Court.

The legal fight over the law is not over, but the state is now free to enforce the law at least for the time being.

Planned Parenthood has said that if the law stands, Arkansas would be the only state where women would not have access to a pair of drugs that end pregnancies: mifepristone, which makes it difficult for a fetus to attach to the uterine wall, and misoprostol, which causes the body to expel it, similar to a miscarriage.

The organization offers pills to end pregnancies at clinics in Fayetteville and Little Rock but says it cannot find any Arkansas obstetrician willing to handle hospital admissions. Preventing women from obtaining medication abortions would create an undue burden on their right to an abortion, Planned Parenthood says. Undue burden is the standard set by the Supreme Court to measure whether restrictions go too far in limiting women who want an abortion.


Judge allows Palin's son therapeutic court for proceedings
U.S. Legal News | 2018/05/18 02:27
The eldest son of former Republican vice presidential candidate Sarah Palin will go through Alaska's therapeutic court system in a criminal case accusing him of assaulting his father last year at the family home.

State District Judge David Wallace on Tuesday approved Track Palin's request to formally transfer his case to Veterans Court, which gives eligible veterans the option of enrolling in mental health treatment programs instead of a traditional sentence.

The judge also barred the media from using cameras or other recording devices during that proceeding after Track Palin's attorney filed a motion seeking to prohibit or limit media access. Wallace said he will formally rule on the matter later.

The motion to limit media access was filed Friday by Track Palin's attorney, Patrick Bergt, in an effort to ensure the case does not become a distraction to other veterans in the system.

Veterans Court program rules say veterans opt in by agreeing to plead guilty or not guilty to at least one charge.

Bergt declined to say if his client is making such a plea to get into the program, adding he can't comment on specifics of the case.



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