Friday, December 20, 2013
Pa. court sides with towns in gas drilling fight
The highest court in Pennsylvania, heart of the country's natural gas drilling boom, on Thursday struck down significant portions of a law that limited the power of local governments to determine where the industry can operate _ rules the industry sought from Republican Gov. Tom Corbett and lawmakers.
In a 4-2 decision, the Pennsylvania Supreme Court ruled the industry-friendly rules set out by the 2012 law violated the state constitution, although the majority did not entirely agree on why they were unconstitutional.
Seven municipalities had challenged the law that grew out of the state's need to modernize 20-year-old drilling laws to account for a Marcellus Shale drilling boom made possible by innovations in technology, most notably horizontal drilling and hydraulic fracturing. The process, also called fracking, has drawn widespread criticism from environmentalists and many residents living near drilling operations.
"Few could seriously dispute how remarkable a revolution is worked by this legislation upon the existing zoning regimen in Pennsylvania, including residential zones," wrote Chief Justice Ron Castille. He said the law's rules represented an unprecedented "displacement of prior planning, and derivative expectations, regarding land use, zoning, and enjoyment of property."
The high court's decision comes at a time when the energy industry is increasingly able to capture oil and gas from previously unreachable formations and, as a result, is bumping up against suburban and urban expectations of land use in states including Texas, Colorado and Ohio, where a similar legal challenge is underway.
The 2012 law restricted local municipalities' ability to control where companies may place rigs, waste pits, pipelines and compressor and processing stations, although the new zoning rules never went into effect because of court order after the towns sued. A narrowly divided lower court struck them down in 2012, but Corbett appealed, saying lawmakers have clear authority to override local zoning.
Wednesday, November 6, 2013
Planned Parenthood Asks Supreme Court's Help In Texas
Planned Parenthood is asking the Supreme Court to place Texas' new abortion restrictions on hold.
The group says in a filing with the high court Monday that more than a third of the clinics in Texas have been forced to stop providing abortions since a court order allowed the new restrictions to take effect Friday.
Planned Parenthood says that the 5th U.S. Circuit Court of Appeals went too far in overruling a trial judge who blocked the law's provision that requires doctors who perform abortions in clinics to have admitting privileges at a nearby hospital.
The filing was addressed to Justice Antonin Scalia, who oversees emergency matters from Texas.
Friday, October 4, 2013
Court favors Abercrombie in Okla. suit over hijab
A federal appeals court has dismissed claims by an Oklahoma woman who says she wasn't hired by Abercrombie & Fitch because her headscarf conflicted with the retailer's dress code, which has since been changed.
A federal judge initially sided with the Equal Employment Opportunity Commission, which filed the lawsuit on behalf of Samantha Elauf. The EEOC alleged that Elauf wasn't hired in 2008 at an Abercrombie store in Tulsa's Woodland Hills Mall because her hijab violated the clothing retailer's "Look Policy."
The 10th U.S. Circuit Court of Appeals reversed that decision Tuesday. The court said Elauf never told Abercrombie she needed a religious accommodation, even though she was wearing the headscarf during her interview.
The Ohio-based company changed its policy three years ago. It recently settled similar lawsuits in California.
Wednesday, August 28, 2013
Judge denies motions in WVU media rights laws
A judge has denied several motions to dismiss West Virginia Radio Corp.'s lawsuit over how West Virginia University awarded a media rights contract for sporting events.
Judge Thomas Evans on Monday rejected requests by WVU Board of Governors, the WVU Foundation and other parties to dismiss the lawsuit in Monongalia County Circuit Court. The motions were based on arguments that West Virginia Radio had failed to make a case for fraud and a violation of public procurement laws. Evans ruled these are important public policy matters and need to be heard.
The network wants Evans to stop WVU from finalizing a 12-year contract with North Carolina-based IMG College.
The judge also is hearing arguments on West Virginia Radio's motion to block the deal and reset the clock to June.
Judge Thomas Evans on Monday rejected requests by WVU Board of Governors, the WVU Foundation and other parties to dismiss the lawsuit in Monongalia County Circuit Court. The motions were based on arguments that West Virginia Radio had failed to make a case for fraud and a violation of public procurement laws. Evans ruled these are important public policy matters and need to be heard.
The network wants Evans to stop WVU from finalizing a 12-year contract with North Carolina-based IMG College.
The judge also is hearing arguments on West Virginia Radio's motion to block the deal and reset the clock to June.
Committee OKs school spending report for WA court
A committee overseeing progress on paying the full cost of basic education for kids in public school voted unanimously Tuesday to approve a draft of its latest progress report to the state Supreme Court.
In its decision on a lawsuit brought by a coalition of school districts, parents and education groups _ known as the McCleary case for the family named in the suit _ the high court ruled in January 2012 that the state is not meeting its constitutional obligation concerning education funding. In the ruling, the Supreme Court ordered the Legislature to make yearly progress reports on its efforts. Those reports are then critiqued by the group that brought the lawsuit, and by the Supreme Court.
This year, the Legislature allocated about $1 billion more for basic education for the current two-year budget cycle. Lawmakers estimate they need to find a total of between $3.5 billion to $4.5 billion more over the coming years to fully pay for basic education.
In its decision on a lawsuit brought by a coalition of school districts, parents and education groups _ known as the McCleary case for the family named in the suit _ the high court ruled in January 2012 that the state is not meeting its constitutional obligation concerning education funding. In the ruling, the Supreme Court ordered the Legislature to make yearly progress reports on its efforts. Those reports are then critiqued by the group that brought the lawsuit, and by the Supreme Court.
This year, the Legislature allocated about $1 billion more for basic education for the current two-year budget cycle. Lawmakers estimate they need to find a total of between $3.5 billion to $4.5 billion more over the coming years to fully pay for basic education.
Thursday, June 27, 2013
The Law Offices of David Stein - Maryland Criminal Charges
Maryland Criminal Defense Lawyer is here for you and is experience in all categories of crimes and can represent you in the best light. These may include anything from homicide to reckless driving. Do not take matter lightly because
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With the help of our Maryland criminal defense lawyers, we can help you get through any case you are charged with. Our lawyers are not only thoroughly familiar with the applicable criminal statutes, but years of practice in the jurisdiction, have enabled them to perfect and tailor their litigation skills so that your case is handled with expertise, experience, and utmost diligence collectively delivering unparalleled results.
Thursday, May 23, 2013
Los Angeles jeweler pleads guilty in KPMG case
The owner of a Los Angeles jewelry store pleaded guilty Monday for his role in an insider-trading case involving a former senior partner at accounting firm KPMG.
Bryan Shaw, 52, pleaded guilty to one count of conspiracy and was scheduled to be sentenced Sept. 16 when he faces a maximum of five years in prison.
"In this guilty plea, Mr. Shaw continued his path to fully accepting responsibility for his actions and doing the right thing," said Shaw's attorney Nathan Hochman.
Authorities said Shaw made more than $1 million in illicit profits by trading in advance of company announcements on earnings results or mergers for KPMG LLC clients, including Herbalife Lt., Skechers USA Inc. and Uggs maker Deckers Outdoor Corp.
In exchange, Shaw gave former KPMG accountant Scott London bags filled with cash, along with a $12,000 Rolex watch and jewelry for his wife, among other items, prosecutors said. The Securities and Exchange Commission, which filed civil charges in the case, estimates London received at least $50,000.
Bryan Shaw, 52, pleaded guilty to one count of conspiracy and was scheduled to be sentenced Sept. 16 when he faces a maximum of five years in prison.
"In this guilty plea, Mr. Shaw continued his path to fully accepting responsibility for his actions and doing the right thing," said Shaw's attorney Nathan Hochman.
Authorities said Shaw made more than $1 million in illicit profits by trading in advance of company announcements on earnings results or mergers for KPMG LLC clients, including Herbalife Lt., Skechers USA Inc. and Uggs maker Deckers Outdoor Corp.
In exchange, Shaw gave former KPMG accountant Scott London bags filled with cash, along with a $12,000 Rolex watch and jewelry for his wife, among other items, prosecutors said. The Securities and Exchange Commission, which filed civil charges in the case, estimates London received at least $50,000.
Tuesday, April 16, 2013
LulzSec hacker pleads guilty to cyberattacks
A British computer hacker affiliated to the group Lulz Security pleaded guilty Tuesday to cyberattacks on institutions including Sony, Britain's National Health Service and Rupert Murdoch's News International.
Ryan Ackroyd admitted one count of carrying out an unauthorized act to impair the operation of a computer.
Prosecutors say the 26-year-old accessed websites belonging to Sony, 20th Century Fox, the NHS, Nintendo, the Arizona State Police and News International between February and September 2011.
He will be sentenced May 14 at Southwark Crown Court in London. Other charges against him are being dropped.
Three other British hackers — 18-year-old Mustafa Al-Bassam, 20-year-old Jake Davis and Ryan Cleary, 21 — had previously pleaded guilty to launching distributed denial of service attacks on organizations including the CIA and Britain's Serious Organized Crime Agency. Denial of service attacks work by overwhelming sites with traffic.
Ryan Ackroyd admitted one count of carrying out an unauthorized act to impair the operation of a computer.
Prosecutors say the 26-year-old accessed websites belonging to Sony, 20th Century Fox, the NHS, Nintendo, the Arizona State Police and News International between February and September 2011.
He will be sentenced May 14 at Southwark Crown Court in London. Other charges against him are being dropped.
Three other British hackers — 18-year-old Mustafa Al-Bassam, 20-year-old Jake Davis and Ryan Cleary, 21 — had previously pleaded guilty to launching distributed denial of service attacks on organizations including the CIA and Britain's Serious Organized Crime Agency. Denial of service attacks work by overwhelming sites with traffic.
Monday, April 8, 2013
Court to mull Arizona's immigrant harboring ban
An appeals court is scheduled to hear arguments Tuesday in Arizona Gov. Jan Brewer's bid to let police enforce a minor section of the state's 2010 immigration law that prohibits the harboring of illegal immigrants.
The harboring ban was in effect from late July 2010 until U.S. District Judge Susan Bolton ruled in September that it was trumped by federal law and barred police from enforcing it. Brewer has asked the 9th Circuit Court of Appeals to overturn Bolton's ruling.
Brewer's lawyers argue the ban doesn't conflict with federal policies, is aimed at confronting crime and that the law's opponents haven't shown they have legal standing to challenge the prohibition. The governor's attorneys also say there's no evidence that the ban has been enforced against any people or organizations represented by a coalition of civil rights groups that have challenged the law in court.
The coalition has asked the appeals court to uphold Bolton's ruling, saying the state law is trumped by a federal harboring law that leaves no room for state regulation. The coalition also argues that Bolton has repeatedly confirmed that it has standing to challenge the harboring ban.
Another federal appeals court has barred authorities from enforcing similar harboring bans in Alabama and Georgia.
The harboring ban was in effect from late July 2010 until U.S. District Judge Susan Bolton ruled in September that it was trumped by federal law and barred police from enforcing it. Brewer has asked the 9th Circuit Court of Appeals to overturn Bolton's ruling.
Brewer's lawyers argue the ban doesn't conflict with federal policies, is aimed at confronting crime and that the law's opponents haven't shown they have legal standing to challenge the prohibition. The governor's attorneys also say there's no evidence that the ban has been enforced against any people or organizations represented by a coalition of civil rights groups that have challenged the law in court.
The coalition has asked the appeals court to uphold Bolton's ruling, saying the state law is trumped by a federal harboring law that leaves no room for state regulation. The coalition also argues that Bolton has repeatedly confirmed that it has standing to challenge the harboring ban.
Another federal appeals court has barred authorities from enforcing similar harboring bans in Alabama and Georgia.
Tuesday, February 5, 2013
Coit & Associates, P.C. - Criminal Defense
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Our criminal defense attorneys understand that being charged with a crime is one of the most difficult things one can undergo in life. Our lawyers are experienced in all levels of criminal defense and handle all types of criminal defense cases in Oregon State and Federal courts. Coit & Associates attorneys handle cases ranging from the least serious misdemeanors to the most serious felonies. No matter the size or seriousness of your case, a lawyer at Coit & Associates, P.C. will aggressively tackle the case and understand its importance to you and your family. As such, our attorneys will handle your criminal case with the utmost care, attention to detail, and strictest confidentiality.
http://www.criminaldefenseoregon.com/practice-areas/criminal-defense
Our criminal defense attorneys understand that being charged with a crime is one of the most difficult things one can undergo in life. Our lawyers are experienced in all levels of criminal defense and handle all types of criminal defense cases in Oregon State and Federal courts. Coit & Associates attorneys handle cases ranging from the least serious misdemeanors to the most serious felonies. No matter the size or seriousness of your case, a lawyer at Coit & Associates, P.C. will aggressively tackle the case and understand its importance to you and your family. As such, our attorneys will handle your criminal case with the utmost care, attention to detail, and strictest confidentiality.
http://www.criminaldefenseoregon.com/practice-areas/criminal-defense
Thursday, January 3, 2013
Judge: Sexual assault suspect insane, not guilty
A Stamford man whose tongue was partially bitten off as he tried to rape a woman has been found not guilty by a Connecticut judge ruling he was insane at the time of the assault.
The Stamford Advocate reports that Superior Court Judge Richard Comerford said prosecutors proved beyond a reasonable doubt that the 48-year-old Gerard Landon sexually assaulted a woman at a church in June 2011.
He says Landon has psychiatric problems dating to 1988 and has been diagnosed with Schizophreniform disorder.
Landon's lawyer, public defender Howard Ehring, said Comerford made the right decision.
A Stamford psychiatrist testified that Landon had not been taking anti-psychotic medications.
Comerford said Landon, who is jailed, must be confined by the state commissioner of mental health for further evaluation.
The Stamford Advocate reports that Superior Court Judge Richard Comerford said prosecutors proved beyond a reasonable doubt that the 48-year-old Gerard Landon sexually assaulted a woman at a church in June 2011.
He says Landon has psychiatric problems dating to 1988 and has been diagnosed with Schizophreniform disorder.
Landon's lawyer, public defender Howard Ehring, said Comerford made the right decision.
A Stamford psychiatrist testified that Landon had not been taking anti-psychotic medications.
Comerford said Landon, who is jailed, must be confined by the state commissioner of mental health for further evaluation.
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