|
|
|
Iowa high court reinstates major pollution lawsuit
Top Court Watch |
2014/06/17 11:08
|
| In a major environmental case, the Iowa Supreme Court ruled Friday that residents can bring a nuisance lawsuit against a Muscatine manufacturer accused of routinely blanketing their properties with soot and chemicals. The court reinstated the class-action lawsuit against Grain Processing Corp., which operates a plant that turns corn kernels into products ranging from corn syrup to ethyl alcohol. The plaintiffs' claims of nuisance, negligence and trespass are not barred by the federal Clean Air Act or state rules governing air emissions, Justice Brent Appel wrote in a 6-0 decision that was applauded by environmentalists but criticized by business interests. A regional economic force, the company buys $400 million in corn from farmers annually and is one of the area's largest employers. But Muscatine residents have complained for years that it spews harmful chemicals into the environment that get blown onto their homes, yards and cars. The lawsuit, filed on behalf of up to 17,000 residents who live within a 3-mile radius of the plant, contends the pollution undermines their ability to enjoy their property and causes metals in everything from swing sets to air conditioning systems to corrode. |
|
|
|
|
|
|
Billionaire pleads guilty to sexual assault charge
Top Court Watch |
2014/06/10 13:24
|
A Wisconsin billionaire has pleaded guilty to a misdemeanor charge of having sexual contact with a teenage girl.
Fifty-nine-year-old Samuel "Curt" Johnson III of Racine was originally charged with a felony count of child sexual assault. But prosecutors sought to downgrade the charge after they say the victim and her mother refused to cooperate.
Before sentencing Friday, Johnson apologized to the victim and her mother for "the tremendous hurt I have caused."
Judge Eugene Gasiorkiewicz allowed the downgrade of charges. Then he sentenced Johnson to four months in jail, short of the one-year maximum. Johnson was also fined $6,000.
Johnson's family has run home-products giant SC Johnson for five generations. Johnson worked for the company decades ago but has had no formal relationship with the company in years. |
|
|
|
|
|
|
Court gives OJ lawyers a week to resubmit appeal
Top Court Watch |
2014/06/03 13:29
|
O.J. Simpson's lawyers were given another week Friday to reformat and resubmit an appeal to the Nevada Supreme Court seeking a new trial in the kidnapping and armed robbery case of the former football star.
In the order, Chief Justice Mark Gibbons agreed to accept a supersized 20,000-word document that Simpson's lawyers had submitted before a May 21 deadline if it complies with court formatting rules.
"Basically they want it to be double-spaced," court spokesman Michael Sommermeyer said.
The document hasn't been made public, and the seven justices haven't decided whether to rehear oral arguments in case. The court rejected an initial appeal by Simpson in September 2010.
Simpson attorney Patricia Palm said she was glad the justices agreed to accept the 19,933 words she submitted nine days ago. The new deadline is June 6.
Palm noted the court frequently accepts briefs longer than its 14,000-word limit in complex cases.
Palm and Simpson appeal lawyers Ozzie Fumo and Tom Pitaro want the court to reconsider the contention that Simpson got bad legal advice, that his trial lawyer had a conflict of interest, and that Simpson's 2008 Las Vegas trial was tainted by his notoriety.
|
|
|
|
|
|
|
California court charging for online access
Top Court Watch |
2014/05/16 15:33
|
A Northern California county has begun charging people to look at civil court records online — part of a trend at cash-strapped courthouses around the state that is raising concerns among some lawyers and public access groups, a newspaper reported.
As of April 23, Alameda County Superior Court charges $1 for each of the first five pages of a civil court record downloaded online, the Oakland Tribune reported on Monday.
The per-page viewing cost drops to 50 cents after the fifth page, and there is a $40 maximum charge for any single document.
Sacramento County Superior Court is implementing a similar fee structure this summer, the Tribune reported. Fees in the Los Angeles County Superior Court system start at $4.75 for each record search. Santa Clara County plans to begin charging in two to four years, according to the Tribune.
Court officials say the fees help make up for cuts in state aid.
"There's a budget crisis in the courts," said Teresa Ruano, spokeswoman for the state's Administrative Office of the Courts. "Revenue is part of the solution, a small part of the solution."
Each court decides whether it wants to charge a fee for records, though the state sets the maximum amount that can be charged for both paper and online records. Some counties don't put records online, forcing people to come in and visit the clerk's office. |
|
|
|
|
|
|
Oklahoma gay-marriage case before US appeals court
Top Court Watch |
2014/04/17 15:06
|
Court arguments over Oklahoma's ban on same-sex marriage will center on whether voters singled out gay people for unfair treatment when they overwhelmingly defined marriage as a union between one man and one woman.
Judges at a federal appeals court in Denver will hear arguments Thursday from lawyers representing a couple challenging Oklahoma's ban and the Tulsa County clerk who refused to grant them a license. The judges heard a similar case from Utah last week.
Oklahoma voters approved the ban in 2004 by a 3-1 margin. The Tulsa couple tried to obtain a marriage license shortly afterward.
A federal judge overturned the ban in January, saying it violated the equal-protection clause of the U.S. Constitution. Lawyers for the state say voters have a right to set their own laws. |
|
|
|
|
|
| Law Promo can construct your law firm a brand new responsive website, or help you redesign your existing site to secure your place in the internet world. Small Law Firm Web Design by Law Promo |
|
Recent Lawyer Blog Updates |
|
|
Lawyer News RSS
