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Gatlin finalizing out-of-court agreement with USOC
Lawyer Blog News | 2009/04/16 09:40
Former Olympic 100-meter champion Justin Gatlin is finalizing an out-of-court agreement with the U.S. Olympic Committee, the U.S. Anti-Doping Agency, USA Track & Field and the International Association of Athletics Federations.


Gatlin had sued those groups in federal court, saying his rights were violated under the Americans with Disabilities Act. He said he was discriminated against because his first of two doping violations, in 2001, was for taking prescribed medication to treat attention deficit disorder.

Because that penalty was on the books, his second violation, in 2006, triggered a suspension that kept him from defending his 2004 Olympic gold medal at the Beijing Games. In June 2008, the Court of Arbitration for Sport rejected Gatlin's appeal of his doping ban, and he took the matter to U.S. court.

Both USADA CEO Travis Tygart and USOC spokesman Darryl Seibel said Wednesday their groups would not enter into an agreement that would undermine the decision by CAS.

"The parties are actively engaged in discussions regarding a final, formal, out-of-court resolution of this matter, which we believe may soon be reached," Seibel wrote in an e-mail to The Associated Press.

The civil clerk for the federal court in Pensacola said the case is considered closed but is still under the court's jurisdiction until May 10. The court is waiting for the attorneys to file final paperwork stating the case is completely closed under the terms of the agreement.

"The settlement documents are not final," Gatlin's lawyer, Joe Zarzaur, wrote the AP.

U.S. District Court Judge Lacey Collier issued an order in February dismissing the case after Gatlin informed the court there was a settlement.



Abortion debate moves to special license plates
Lawyer Blog News | 2009/04/15 14:34
The latest forum for the national debate over abortion is whizzing by at 65 mph.


Anti-abortion groups have won approval in at least 18 states for specialized license plates with the tagline "Choose Life," even as officials in New Jersey and other states fight the requests on various grounds.

The cases raise unresolved questions about whether license plates — or even portions of them — convey government or private speech. To raise revenues, many states let drivers buy specialty plates that recognize everything from military units and colleges to sports teams and nonprofit groups.

"Legislatures can say there might be certain controversies they do not want discussed on license plates," Assistant New Jersey Attorney General Andrea Silkowitz argued Tuesday in the 3rd U.S. Circuit Court, referring to an Illinois case.

Silkowitz argued that her state rejected the "Choose Life" plate not to avoid controversy but because the relevant law limits designs to group names and logos, and does not permit slogans.

In 2003, the New Jersey Motor Vehicle Commission approved a request from the New York-based Children First Foundation, but later rejected the proposed design, which included a small graphic of a sun, two children's faces and the words "Choose Life."

The New Jersey agency also dismissed a later attempt to substitute a new domain name, "NJChoose-Life.Org," for the original "Fund-Adoption.Org" on the plate.



Minn. court declares Franken leading vote-getter
Lawyer Blog News | 2009/04/14 15:32
A Minnesota court confirmed Monday that Democrat Al Franken won the most votes in his 2008 Senate race against Republican Norm Coleman, who immediately announced plans to appeal the decision.


Coleman has 10 days to appeal to the state Supreme Court. Once the petition is filed, it could further delay the seating of Minnesota's second senator for weeks.

"It's time that Minnesota like every other state have two" senators, a jovial Franken said outside his Minneapolis townhouse with his wife Franni at his side. "I would call on Senator Coleman to allow me to get to work for the people of Minnesota as soon as possible."

After a statewide recount and seven-week trial, Franken stands 312 votes ahead. He gained more votes from the election challenge than Coleman, the candidate who brought the legal action.

The state law under which Coleman sued required three judges to determine who got the most votes and is therefore entitled to an election certificate, which is now on hold pending an appeal.

"The overwhelming weight of the evidence indicates that the November 4, 2008, election was conducted fairly, impartially and accurately," the judges wrote. "There is no evidence of a systematic problem of disenfranchisement in the state's election system, including in its absentee-balloting procedures."



Iowa, Vermont gay marriages spark debate in Calif.
Lawyer Blog News | 2009/04/09 15:53
Both sides of the gay marriage ban approved by California voters are debating how Iowa and Vermont's recent moves to allow same-sex unions will affect their state's running legal battle.


Gay marriage supporters are particularly interested in the Iowa Supreme Court's ruling, which they hope will sway the California Supreme Court to overturn the ballot measure voters passed with 52 percent of the vote in November.

But opponents say the Iowa decision should have no bearing on the essential issue before the high court: Whether voters have the right to amend California's constitution at the polls.

California's Proposition 8, similar to laws in 29 other states that ban gay marriage, was the most expensive ballot measure in the nation, with $83 million poured into campaigns on either side.

The measure was introduced largely as a reaction to the California Supreme Court's decision in May to legalize same-sex unions. That ruling was extensively cited by Iowa justices in their decision released Friday.

California's highly anticipated ruling on Proposition 8 could come any time before June 3. Some 18,000 gay and lesbian couples were wed in the 4 1/2 months it was legal to do so in California.

Shannon Minter, legal director of the National Center for Lesbian Rights, who led the challenge to Proposition 8 in oral arguments before the California court last month, was jubilant Tuesday after Vermont joined Massachusetts, Connecticut and Iowa as the fourth state to allow gay marriage.



3.5M award reviewed over crooked Pa. judges' role
Lawyer Blog News | 2009/04/08 12:27
Pennsylvania's highest court is revisiting a $3.5 million defamation verdict against The Citizens' Voice newspaper because of the role played in it by two former judges at the center of a juvenile justice scandal.


The state Supreme Court on Tuesday appointed a judge to examine the Wilkes-Barre newspaper's claim that corruption was involved in the handling of the lawsuit against it by a businessman and one of his companies. The court wants the judge to recommend whether a new trial is warranted.

The court's order says the newspaper has offered new evidence suggesting irregularities in how the case was handled because of the involvement of former Luzerne County Judges Mark Ciavarella (shiv-uh-REL'-uh) and Michael Conahan.

Ciavarella and Conahan have pleaded guilty to federal fraud charges. Prosecutors say they took kickbacks from private juvenile detention centers.



Court rules against Navajo Nation in coal case
Lawyer Blog News | 2009/04/06 16:54
The Supreme Court has ruled against the Navajo Nation for a second time in its battle with the federal government over whether the tribe should have gotten more money for coal on its land.


The high court, in an unanimous opinion Monday, reversed a decision by the U.S. Court of Appeals for the Federal Circuit, ending the tribe's fight with the government.

"Today we hold, once again, that the tribe's claim for compensation fails," said Justice Antonin Scalia, writing for the court. "This matter should now be regarded as closed."

The sprawling Navajo reservation, which is the nation's largest, covers part of New Mexico, Arizona and Utah. The Peabody Coal Co. has mined coal on tribal lands for decades, paying the tribe taxes and mineral royalties.

In 1985, the tribe alleged that Peabody conspired with then-Interior Secretary Donald Hodel to persuade the tribe to accept a lower royalty than other government officials believed the tribe should be paid.



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