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Mississippi high court upholds price-gouging law
Headline Legal News | 2011/03/11 11:55

The Mississippi Supreme Court has upheld the constitutionality of the state's price-gouging law.

The justices Thursday unanimously overturned a Winston County judge's ruling that the law was unconstitutionally vague.

Chancellor J. Max Kilpatrick's ruling came in 2008 as he rejected Attorney General Jim Hood's lawsuit accusing a Mississippi oil company of charging too much for fuel after Hurricane Katrina. Kilpatrick has since retired from the bench.

The Supreme Court sent the case back to Winston County to determine if Fair Oil Co. in Louisville violated the law.

Fair Oil was one of two companies Hood sued in 2007. The lawsuit, which represents only one side of a legal argument, accused the company of gouging consumers after Hurricane Katrina struck in 2005.



Court blames LA County for ocean pollution
Court Watch | 2011/03/11 11:55

A California appeals court has sided with environmentalists in a decision that blames Los Angeles County and its flood control district for sending polluted runoff into the Pacific Ocean.

The 9th Circuit Court of Appeals ruled Thursday that the county is responsible for the heavily polluted storm water flowing untreated each year down the Los Angeles and San Gabriel rivers.

The Natural Resources Defense Council and Santa Monica Baykeeper environmental groups say the ruling is a turning point in the battle for clean water. Council attorney Aaron Colangelo says the county must now eliminate the flow of pollutants.

The Los Angeles Times says the Flood Control District argued its channels were simply conduits for upstream polluters, but the court says the district controls the flow to the ocean.



Disgraced Pa. judge wants convictions tossed
Legal Business | 2011/03/04 08:47

A former Pennsylvania juvenile court judge convicted in a $1 million kickback scheme involving privately-owned juvenile detention centers wants his conviction on racketeering charges overturned.

Former Luzerne County Judge Mark Ciavarella (shiv-uh-REL'-uh) filed motions Friday asking a federal judge to toss his convictions on charges including racketeering and money laundering conspiracy.

Ciavarella was convicted last month of taking payments from the owner of two detention centers in a scheme involving another judge. The scandal prompted the state Supreme Court to toss thousands of juvenile convictions issued by Ciavarella, saying they were tainted.



Fla. high court: Governor can reject rail funding
Headline Legal News | 2011/03/04 08:46

U.S. Transportation Secretary Ray LaHood announced Friday that $2.4 billion in high-speed rail funding intended for Florida will be sent to other states after the state Supreme Court upheld Gov. Rick Scott's decision to reject the money.

The Republican governor's decision effectively kills the Tampa-Orlando route.

Until Scott's election in November, it had been on track to become a leading example of how the Obama administration's stimulus plan is creating jobs and reviving the nation's passenger rail system.

Several states, including New York and Rhode Island, have asked LaHood for Florida's rail funds, but the only project that would achieve the high speeds associated with bullet trains in Asia and Europe would be California's.

"I know that states across America are enthusiastic about receiving additional support to help bring America's high-speed rail network to life and deliver all its economic benefits to their citizens," LaHood said in a statement.



Delaware court upholds Barnes & Noble ruling
Court News | 2011/03/03 08:46

The Delaware Supreme Court has rejected an appeal by billionaire Ron Burkle in a lawsuit challenging a poison pill plan adopted by Barnes & Noble Inc. after he doubled his stake in the company.

After hearing arguments Wednesday, the court on Thursday affirmed a judge's ruling last year upholding the poison pill plan, which limited a shareholder's stake in the company to 20 percent.

Burkle argued that New York-based Barnes & Noble had created an unfair playing field favoring the family of chairman and founder Leonard Riggio, which owns more than 30 percent of its common stock.

Burkle waged an unsuccessful proxy fight after the ruling but said he would continue to press for changes at the nation's largest brick-and-mortar book seller.



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