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High court to decide when judges should step aside
Lawyer Blog News | 2009/03/03 16:28
The Supreme Court is set to hear arguments in a sensitive dispute about judicial ethics.


The justices are expected to issue at least one ruling Tuesday morning, then consider a West Virginia case about when elected judges should step aside from cases that involve their campaign supporters.

At the heart of the dispute is $3 million that coal company executive Don Blankenship spent to help elect a state Supreme Court justice. Later, that justice — Brent Benjamin — sided with the coal company in a multimillion-dollar dispute with another mining firm.

The losing party, Harman Mining Corp., argues that Benjamin's refusal to step aside in the 3-2 decision violated the company's constitutional right to due process.



Court refuses to take case on coach's team prayer
Lawyer Blog News | 2009/03/03 16:28
The Supreme Court has rejected an appeal from a high school football coach who wants to bow his head and kneel during prayers led by his players despite a school district policy prohibiting it.


In an order Monday, the justices ended Marcus Borden's fight against the East Brunswick, N.J., school district's policy that forbids him and other staff members from joining in student-led prayer. The federal appeals court in Philadelphia sided with the district.

The high court declined to weigh in on whether Borden's desire to bow his head silently and "take a knee" with his football players violates the Constitution's prohibition on government endorsement of religion. Borden says such gestures are secular.

The school district says Borden, the East Brunswick coach since 1983, had a long history of leading prayers before he was ordered to stop after complaints from some parents. The district says the issue is whether its policy is constitutional, not Borden's actions.

Messages left for Borden and lawyer Ronald Riccio were not immediately returned Monday.

"Coaches are not supposed to be promoting religion; that's up to students and parents and pastors," said Barry W. Lynn, executive director of Americans United for Separation of Church and State, which represented the school district.

The 3rd U.S. Circuit Court of Appeals in Philadelphia agreed that the school district policy is constitutional, but the judges differed on what exactly the coach should do if his team prays.

The Supreme Court ended school-sponsored prayer in 1962 when it said directing that a prayer be said at the beginning of each school day was a violation of the First Amendment. The justices reaffirmed the decision in 2000 by saying a Texas school district was giving the impression of prayer sponsorship by letting students use loudspeakers under the direction of a faculty member for prayers before sports events.



Court turns down Agent Orange cases
Lawyer Blog News | 2009/03/02 16:22
The Supreme Court has turned down American and Vietnamese victims of Agent Orange who wanted to pursue lawsuits against companies that made the toxic chemical defoliant used in the Vietnam War.


The justices offer no comment on their action Monday, rejecting appeals in three separate cases, in favor of Dow Chemical, Monsanto and other companies that made Agent Orange and other herbicides used by the military in Vietnam.

Agent Orange has been linked to cancer, diabetes and birth defects among Vietnamese soldiers and civilians and American veterans.

The American plaintiffs blame their cancer on exposure to Agent Orange during the military service in Vietnam. The Vietnamese said the U.S.' sustained program to prevent the enemy from using vegetation for cover and sustenance caused miscarriages, birth defects, breast cancer, ovarian tumors, lung cancer, Hodgkin's disease and prostate tumors.

All three cases had been dismissed by the 2nd U.S. Circuit Court of Appeals in New York.

The appeals court said that lawsuit brought by the Vietnamese plaintiffs could not go forward because Agent Orange was used to protect U.S. troops against ambush and not as a weapon of war against human populations.

The other two suits were filed by U.S. veterans who got sick too late to claim a piece of the $180 million settlement with makers of the chemical in 1984. In 2006, the Supreme Court deadlocked 4-4 on whether those lawsuits could proceed.



Court hears appeal in freelancers case
Lawyer Blog News | 2009/03/02 12:22
The Supreme Court will consider reviving the $18 million settlement of a dispute involving payment to freelance writers for use of their work online.


The settlement came in a class-action lawsuit filed by the freelancers against publishers and database companies. The 2nd U.S. Circuit Court of Appeals in New York had thrown the agreement out, but the high court on Monday agreed to hear an appeal of that decision.

The proposed settlement covers both freelancers who registered the copyright to their works and those who didn't. The appeals court said courts generally do not have authority over infringement claims on works that have not been copyrighted.

The lawsuit followed a Supreme Court ruling in 2001 that freelance writers have online rights to their work. The case largely applied to articles, photographs and illustrations that were produced 15 or more years ago, before freelance contracts provided for the material's electronic use.

The case is Reed Elsevier v. Pogebrin, 08-103.



Enemy combatant indicted in Illinois federal court
Lawyer Blog News | 2009/03/02 10:23
Federal authorities have unsealed an indictment against alleged al-Qaida sleeper agent Ali al-Marri, as the Obama administration considers a new strategy for handling terror suspects.


Al-Marri has been held in a Navy brig outside Charleston, S.C. for more than 5 years since President George W. Bush declared him an enemy combatant.

He will now be transferred to Illinois to face trial in a civilian court on charges of providing material support to terrorism.

Before the indictment, the Al-Marri case was headed to the Supreme Court.

The court is considering whether the president has the authority to order the arrest of terror suspects in the United States and hold them indefinitely without bringing charges.



Alleged terrorist in Ohio faces 20 years in prison
Lawyer Blog News | 2009/02/27 17:35
Nearly six years after the government accused three men of plotting terrorist bombings while sipping refreshments at a suburban Columbus coffee shop, a federal judge was expected to sentence the last of them to a 20-year prison term.


American-born Christopher Paul was to be sentenced Thursday by U.S. District Court Judge Gregory Frost after pleading guilty in June to one count of conspiracy to use a weapon of mass destruction in terrorist attacks.

Paul, 44, was accused of joining al-Qaida in the early 1990s and helping teach fellow Muslim extremists how to bomb U.S. and European targets. Prosecutors agreed to drop charges of providing material support to terrorists and conspiracy to provide support to terrorists.

The Justice Department accused Paul and two other men of discussing terrorist attacks during an August 2002 meeting at the Caribou Cafe coffee shop in Upper Arlington.

The other two also pleaded guilty: Nuradin Abdi in 2007 in connection with an alleged plot to blow up an Ohio shopping mall, and Iyman Faris in 2003 in connection with an alleged plot to destroy the Brooklyn Bridge.



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