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Court: District court can hear some fed complaints
Top Court Watch |
2012/12/10 15:00
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The Supreme Court says some discrimination complaints from federal workers can go to federal district court, instead of being forced into the U.S. Court of Appeals for the Federal Circuit.
The justices on Monday ruled unanimously that some appeals from the Merit Systems Protection Board can go before U.S. district judges if they involve discrimination claims dismissed for procedural reasons.
Carolyn M. Kloeckner was fired from the Labor Department in 2005 after complaining of sex and age discrimination and a hostile work environment, as well as being declared "absent without leave."
The Merit Systems board dismissed her claims as untimely, and she tried to appeal to district court. But the 8th U.S. Circuit Court of Appeals said her appeal could only be heard by the D.C.-based Federal Circuit. |
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Pentagon lawyer: War on terror not endless
Legal Blog News |
2012/12/04 09:20
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The war on terror is not an endless conflict and the U.S. is approaching a "tipping point" after which the military fight against al-Qaida will be replaced by a law enforcement and intelligence operation, the Pentagon's top lawyer has said. Jeh Johnson told an audience at Oxford University that the core of al-Qaida is "degraded, disorganized and on the run," according to a transcript of Friday's speech. Johnson, general counsel to the U.S. Defense Department, said that once most al-Qaida members are captured or killed, armed conflict would be replaced by "a counterterrorism effort against individuals" led by law enforcement and intelligence agencies. His speech to the Oxford Union debating society marked rare public comments by a senior U.S. official about the end of the armed conflict launched after the Sept. 11 attacks. Shortly after 9/11, U.S. legislators passed a law that essentially granted the White House open-ended authority for armed action against al-Qaida. Despite a promise to close the Guantanamo Bay prison camp for terror suspects, President Barack Obama has largely carried forward the anti-terrorism policies of his predecessor, George W. Bush. He authorized the raid that killed al-Qaida leader Osama bin Laden and has expanded the use of unmanned drone strikes against targets in Pakistan and Yemen. |
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Court rules on suit against West Memphis officers
Attorney Blog News |
2012/11/15 13:21
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A lawsuit brought against West Memphis, Ark., by relatives of two people who were fatally shot by the city's police officers during a two-state chase can continue, a federal appeals court ruled Wednesday.
The U.S. Court of Appeals for the Sixth Circuit agreed with a lower court that five West Memphis officers involved in the July 2004 shootings of Donald Rickard and Kelly Allen are not immune from possible liability in the deaths.
Rickard fled a traffic stop for a broken taillight in West Memphis and was chased across a Mississippi River bridge to Memphis. After Rickard and a West Memphis officer crashed with each other on a Memphis street, officers managed to stop the car again and fatally shot both Rickard and Allen, his passenger.
Officer Vance Plumhoff fired three shots into the vehicle. Officer John Bryan Gardner fired 10 times at the vehicle as it was moving away from the officers. Officer John Tony Galtelli also fired two shots at the vehicle.
As the officers were shooting, Rickard lost control of the vehicle and crashed into a building.
Police have said they opened fire on the car after Rickard tried to run over them as he fled down the street after being cornered. Relatives of Rickard and Allen, both 44, have alleged excessive force. |
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Limits on class-action lawsuits at Supreme Court
Top Court Watch |
2012/11/06 11:07
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The Supreme Court appeared divided Monday in two cases in which businesses are trying to make it harder for customers or investors to band together to sue them.
The justices heard arguments in appeals from biotech company Amgen Inc. and cable provider Comcast Corp. that seek to shut down class-action lawsuits against the businesses.
Amgen is fighting securities fraud claims that misstatements about two of its drugs used to treat anemia artificially inflated its stock price. Comcast is facing a lawsuit from customers who say the company's monopoly in parts of the Philadelphia area allowed it to raise prices unfairly.
Last year, the Supreme Court raised the bar for some class-action suits when it sided with Wal-Mart against up to 1.6 million of its female employees who complained of sex discrimination. In the Wal-Mart case, the court said there were too many women in too many jobs at the nation's largest private employer to wrap into one lawsuit.
Class actions increase pressure on businesses to settle suits because of the cost of defending them and the potential for very large judgments. |
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Italian court convicts 7 for no quake warning
Legal Blog News |
2012/10/27 14:09
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Defying assertions that earthquakes cannot be predicted, an Italian court convicted seven scientists and experts of manslaughter Monday for failing to adequately warn residents before a temblor struck central Italy in 2009 and killed more than 300 people.
The court in L'Aquila also sentenced the defendants to six years each in prison. All are members of the national Great Risks Commission, and several are prominent scientists or geological and disaster experts.
Scientists had decried the trial as ridiculous, contending that science has no reliable way of predicting earthquakes. So news of the verdict shook the tightknit community of earthquake experts worldwide.
"It's a sad day for science," said seismologist Susan Hough, of the U.S. Geological Survey in Pasadena, Calif. "It's unsettling." That fellow seismic experts in Italy were singled out in the case "hits you in the gut," Hough added.
In Italy, convictions aren't definitive until after at least one level of appeals, so it is unlikely any of the defendants would face jail immediately.
Other Italian public officials and experts have been put on trial for earthquake-triggered damage, such as the case in southern Italy for the collapse of a school in a 2002 quake in which 27 children and a teacher were killed. But that case centered on allegations of shoddy construction of buildings in quake-prone areas. |
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