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Court to rule on Newtown shooting lawsuit against gun maker
Topics in Legal News | 2019/03/16 16:24
The Connecticut Supreme Court is scheduled to rule on whether gun maker Remington can be sued for making the Bushmaster rifle used to kill 20 children and six educators at Sandy Hook Elementary School in 2012.

Justices are split on the question as the court is scheduled to release majority and dissenting opinions Thursday.

The plaintiffs include a survivor and relatives of nine people killed in the massacre. They argue the AR-15-style rifle used by shooter Adam Lanza was designed as a military killing machine and is too dangerous for the public, but Remington glorified the weapon in marketing it to young people.

A lower court judge dismissed the lawsuit in 2016, agreeing with Remington that federal law shields gun makers from liability when their products are used in crimes.


Detained Saudi women's rights activists brought to court
Topics in Legal News | 2019/03/13 16:27
Women's rights activists in Saudi Arabia appeared in a closed-door court hearing Wednesday on unknown charges after being detained in a crackdown last year, making their first appearance before a judge in a case that has sparked international outrage.

The arrests came just before Saudi Arabia began allowing women to drive, something women's rights activists had been demanding for years. The arrests showed that King Salman and his 33-year-old son, Crown Prince Mohammed bin Salman, are willing to crack down on any opposition even while courting the West.

It also was sandwiched between the mass arrest of businessmen in what authorities said was a campaign against corruption, and the killing of Washington Post columnist Jamal Khashoggi at the Saudi Consulate in Istanbul.

Saudi authorities did not respond to requests for comment Wednesday, and Saudi state media did not immediately report on the hearing. Authorities barred Western diplomats and journalists from the hearing in Riyadh, a person with knowledge of the hearing told The Associated Press. The person spoke on condition of anonymity for fear of reprisal.


Court upholds car rental tax imposed in Maricopa County
Topics in Legal News | 2019/02/25 23:31
The Arizona Supreme Court on Monday upheld a car rental tax surcharge that’s imposed in Maricopa County to pay for building a professional football stadium and other sports and recreational facilities, marking the second time an appeals court has ruled the tax is legal.

Car rental companies had challenged the surcharge on the grounds that it violated a section of the Arizona Constitution that requires revenues relating to the operation of vehicles to be spent on public highways.

A lower-court judge had ruled in favor of the rental companies four years, saying the surcharge violated the constitutional provision and ordering a refund of the tax estimated at about $150 million to the companies.

But the Arizona Court of Appeals reversed the decision last spring. The Arizona Supreme Court on Monday echoed the Court of Appeals’ ruling.

The surcharge partially funds the Arizona Sports and Tourism Authority, an agency that uses the money to help pay off bonds for the stadium in Glendale where the Arizona Cardinals play, along with baseball spring training venues and youth sports facilities. The rest of the authority’s revenue comes from a hotel bed tax and payments for facilities usage.

The surcharge is charged on car rental companies, but the costs are passed along to customers.

Attorney Shawn Aiken, who represented Saban Rent-A-Car Inc. in the case, said in a statement that the challengers will evaluate in the coming weeks whether to ask the U.S. Supreme Court to consider the case.


Republicans pitch keeping Court of Appeals at 15 judges
Topics in Legal News | 2019/02/20 01:37
North Carolina Republican legislators now want to give up on the law they approved two years ago that reduces the number of Court of Appeals judges from 15 to 12 as retirements and other vacancies arise.

A state Senate judiciary committee Tuesday recommended unanimously a bill that would keep the court's size at 15 after all. Bill sponsors say the measure, if agreed to by the full General Assembly, should end as moot a lawsuit filed by Democratic Gov. Roy Cooper challenging the 2017 law. A key House GOP leader said later that he believed party members in his chamber are inclined to go along with the repeal.

A trial-judge panel actually sided with Republicans last year in upholding the law, but the state Supreme Court scheduled oral arguments in the case for March 4. With registered Democrats a strong majority on the Supreme Court, there's uncertainty about whether they'll be inclined to uphold the law.

"I think we still feel the rationale for the bill was appropriate, but this will end the lawsuit with the governor, and so that's why we're going forward with it," said Sen. Warren Daniel, a Burke County Republican and a chief bill sponsor.

The law is one of several approved by the GOP-controlled legislature since December 2016 — just before Cooper took office — that have eroded Cooper's powers. In this case, it would prevent Cooper from filling three vacancies when they occur, because the seat would be simply eliminated.

No vacancies have occurred on the intermediate-level court since the law took effect, but the first could come next month. Court of Appeals Judge Bob Hunter, a registered Republican, must step down March 31 after meeting the state-mandated judicial retirement age of 72 the day before.



Liberals eye 2020 takeover of Wisconsin Supreme Court
Topics in Legal News | 2019/02/09 13:38
Wisconsin liberals hope to take a key step this spring toward breaking a long conservative stranglehold on the state's Supreme Court, in an election that could also serve as a barometer of the political mood in a key presidential swing state.

If the liberal-backed candidate wins the April 2 state Supreme Court race, liberals would be in prime position to take over the court when the next seat comes up in 2020 — during a presidential primary when Democrats expect to benefit from strong turnout.

The bitterly partisan court, which conservatives have controlled since 2008, has upheld several polarizing Republican-backed laws, none more so than former GOP Gov. Scott Walker's law that essentially eliminated collective bargaining for public workers.

If liberals can win in April and again in 2020, they would have the majority until at least 2025.

"It is absolutely critical we win this race," liberal attorney Tim Burns, who lost a Wisconsin Supreme Court race in 2018, said of the April election. "It does set us up for next year to get a court that's likely to look very differently on issues of the day like voters' rights and gerrymandering."

The court could face big decisions on several partisan issues in the coming years, including on the next round of redistricting that follows the 2020 Census, lawsuits challenging the massive Foxconn Technology Group project backed by President Donald Trump, and attempts to undo laws that Republicans passed during a recent lame-duck session to weaken the incoming Democratic governor before he took office.


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