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Judge strikes down NYC's green-cab incentive
Lawyer Blog News | 2009/06/23 15:37
A judge on Monday rejected the city's latest maneuver to force taxicab owners to buy fuel-efficient hybrids, the second time in eight months he deemed such rules to be pre-empted by federal laws.

Under the rules rejected by U.S. District Judge Paul A. Crotty, companies that own fuel-saving cabs would have been allowed to charge drivers slightly higher rental rates; companies with gas-hungry vehicles would see their rates decrease over a two-year period.

In October, Crotty rejected for the same reason other rules the city had devised to try to force the fleet of yellow cabs to go green by 2012. Those rules would have required new cabs to be fuel efficient.

The judge praised the city's intent but said efforts to encourage the purchase of hybrid vehicles must be careful not to interfere with Congress' exclusive jurisdiction over laws related to mileage or emission standards.

"The court's purpose is not to interfere with government officials taking actions in the public interest," he wrote. "Increasing the number of hybrid taxicabs is an appropriate and important governmental priority."

The judge noted there were no legal challenges to decisions by the city to issue new taxi medallions only to hybrid vehicles or to allow hybrid cabs to stay in service longer.

Michael A. Cardozo, head of the city's law department, said the city was disappointed.

"We do not believe that Congress intended to prohibit local governments from implementing incentive programs ... that encourage the purchase of environmentally friendly taxis. We are exploring our legal options," he said in a statement.



Court to rule on federal sex offenders law
Lawyer Blog News | 2009/06/22 15:18
The Supreme Court will decide the constitutionality of a federal law that permits sex offenders to be kept behind bars after they complete their prison terms.


The justices, acting Monday, say they will consider the Obama administration's appeal of a lower court ruling that invalidated the law.

The 4th U.S. Circuit Court of Appeals in Richmond, Va., ruled in January that Congress overstepped its authority when it enacted a law allowing for indefinite commitment of people who are considered "sexually dangerous."

In April, Chief Justice John Roberts granted an administration request to block the release of up to 77 inmates at a federal prison in North Carolina. These were people whose prison terms for sex offenses were ending. The justice's order was designed to allow time for the high court to consider the administration's appeal.

The challenge to the law was brought by four men who served prison terms ranging from three to eight years for possession of child pornography or sexual abuse of a minor. Their confinement was supposed to end more than two years ago, but the government determined that there would be a risk of sexually violent conduct or child molestation if they were released.

A fifth man who also was part of the legal challenge was charged with child sex abuse, but declared incompetent to stand trial.



Court makes it harder to prove age discrimination
Lawyer Blog News | 2009/06/19 15:14
The Supreme Court has made it harder to prove discrimination on the basis of age, ruling against an employee in his mid-50s who says he was demoted because of his age.


In a 5-4 decision Thursday written by Justice Clarence Thomas, the court said a worker has to prove that age was the key factor in an employment decision, even if there is some evidence that age played a role. In some other discrimination lawsuits, the burden of proof shifts to the employer once a worker shows there is some reason to believe a decision was made for improper reasons.

Jack Gross had been a vice president of FBL Financial Services of West Des Moines, Iowa. But in 2001, he lost the title of vice president in a reorganization and two years later, some of his responsibilities were given to a colleague.

Gross sued under the federal Age Discrimination in Employment Act and a jury agreed that his age was a motivating factor in his demotion. Gross was awarded $46,945 in lost compensation.



Mich. court gives judges say in witnesses' dress
Lawyer Blog News | 2009/06/17 16:12
The Michigan Supreme Court on Wednesday voted to give judges authority over how witnesses dress in court after a Muslim woman refused to remove her veil while testifying in a small claims case.


A statewide court rule letting judges regulate the appearance of witnesses — such as asking them to remove face coverings — was approved by a 5-2 vote. The dissenters said there should be an exception for people whose clothing is dictated by their religion.

Justices heard last month from a Muslim woman who sued because her small claims case was dismissed when she refused to remove her veil.

Hamtramck District Judge Paul Paruk told Ginnnah Muhammad he needed to see her face to judge her truthfulness. The 45-year-old from Detroit kept her niqab on during the 2006 hearing.

Some Muslim leaders interpret the Quran to require that women wear a headscarf, veil or burqa in the presence of a man who is not their husband or close relative.

After Muhammad sued the judge, the Michigan Judges Association and Michigan District Judges Association got behind a court rule giving judges "reasonable" control over the appearance of parties and witnesses to observe their demeanor and ensure they can be accurately identified.

The two justices who voted against the rule Wednesday said they favored a religious exception endorsed by the American Civil Liberties Union of Michigan and religious groups.

Muhammad originally went to court to contest a $3,000 charge from a rental-car company to repair a vehicle that she said thieves had broken into.

The Detroit area is home to one of the country's largest Muslim populations. Legal observers have said the veil flap is a cutting-edge issue that will arise elsewhere in the United States.



High court won't review 'Cuban 5' espionage case
Lawyer Blog News | 2009/06/16 12:34
Cuban exiles said Monday they were relieved the Supreme Court refused to review the convictions of five intelligence agents for the communist country, despite calls from Nobel Prize winners and international legal groups to consider the case.


The convictions stand against the so-called "Cuban Five," who maintain they did not receive a fair trial because of strong anti-Castro sentiment in Miami. The men have been lionized as heroes in Cuba. Exile groups say they were justly punished.

The five — Gerardo Hernandez, Ramon Labanino (aka Luis Medina), Rene Gonzalez, Antonio Guerrero and Fernando Gonzalez (aka Ruben Campa) — were convicted in 2001 of being unregistered foreign agents. Three also were found guilty of conspiracy to obtain military secrets from the U.S. Southern Command headquarters.

Hernandez was convicted of murder conspiracy in the deaths of four pilots, members of the Miami-based Brothers to the Rescue organization, who were shot down by Cuban fighter jets in 1996 off the island's coast. The group sought to identify and help migrants leaving Cuba by sea. The Cuban government maintains the planes violated its airspace to scatter political pamphlets over the island.



Court goes further spelling out deportation rules
Lawyer Blog News | 2009/06/15 15:57
The Supreme Court says immigration officials do not have to have a jury determine the financial impact of an immigrant's crime in their deportation decisions.


The court, in an unanimous decision Monday, turned away Manoj Nijhawan's appeal. Nijhawan, who immigrated to the United States from India in 1985, had been convicted of fraud and money laundering, and stipulated that that the loss exceeded $100 million. The government then started deportation proceedings.

The law says any immigrant convicted of an aggravated felony at any time is deportable. A related statute said aggravated felonies include fraud and deceit in which the loss exceeds $10,000.

Nijhawan argued that a jury should have determined the loss before he could be deported. But the court disagreed with his arguments.

"The defendant's own stipulation, produced for sentencing purposes, shows that the conviction involved losses considerably greater than $10,000," Justice Stephen Breyer said in the opinion written for the court.



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