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Arizona high court to hear school funding case
Court Watch |
2013/07/23 10:39
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The Arizona Supreme Court on Tuesday hears arguments in an appeal of a lower court's ruling that requires the state Legislature to give schools an annual funding increase even in lean years to account for inflation.
The high court is reviewing a Court of Appeals decision. It said a voter-approved law requires the Legislature to provide an annual inflation adjustment for state funding to public schools.
School districts and education groups sued after the Legislature in 2010 instead only increased schools' transportation funding, eliminating a $61 million increase in general school spending.
The Supreme Court says it is considering is whether the Voter Protection Act allows voters to require the legislature to increase funding for schools.
The Voter Protection Act severely restricts the Legislature's to change voter-approved laws.
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Iowa top court: Firing of attractive aide is legal
Court Watch |
2013/07/12 09:38
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The Iowa Supreme Court on Friday stood by its ruling that a dentist acted legally when he fired an assistant because he found her too attractive and worried he would try to start an affair.
Coming to the same conclusion as it did in December, the all-male court found that bosses can fire employees they see as threats to their marriages, even if the subordinates have not engaged in flirtatious or other inappropriate behavior. The court said such firings do not count as illegal sex discrimination because they are motivated by feelings, not gender.
The ruling upholds a judge's decision to dismiss a discrimination lawsuit filed against Fort Dodge dentist James Knight, who fired assistant Melissa Nelson, even while acknowledging she had been a stellar employee for 10 years. Knight and his wife believed that his attraction to Nelson _ two decades younger than the dentist _ had become a threat to their marriage. Nelson, now 33, was replaced by another woman; Knight had an all-female staff.
The all-male court issued its revised opinion Friday in the case after taking the unusual step last month of withdrawing its December opinion, which had received nationwide publicity, debate and criticism.
Nelson's attorney, Paige Fiedler, had asked the court in January to reconsider, calling the decision a blow for gender and racial equity in the workplace. She had warned the opinion could allow bosses to legally fire dark-skinned blacks and replace them with light-skinned blacks or small-breasted workers in favor of big-breasted workers.
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Court rejects cat hoarders' appeal of convictions
Court Watch |
2013/07/08 00:31
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The Montana Supreme Court has denied the appeal of a northwestern Montana couple's conviction of aggravated cruelty to animals after 116 cats were found living in filthy, snowbound trailers.
The Daily Inter Lake reports the court announced the decision July 2 involving Edwin and Cheryl Criswell.
The cats were found in December 2010 and a jury the following year found the couple guilty. In October 2011 Cheryl Criswell received a two-year sentence deferred over six years. Edwin Criswell received a two-year suspended sentence but later violated his probation by testing positive for marijuana and methamphetamine. In January he was sentenced to two years in prison.
In September 2006, the Criswells entered Alford pleas to 10 counts of misdemeanor animal cruelty in northern Idaho in what officials then called the largest animal hoarding case in state history involving 430 animals.
In the Montana case, the Criswells contended they were wrongly convicted because during the trial Flathead County Deputy Attorney Ken Park called them "professional freeloaders," prejudicing the jury.
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Court: Ex-Im Bank needs to explain Air India loan
Court Watch |
2013/06/19 11:33
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A federal bank that backed a huge airplane loan for Air India will have to explain that the loan didn't hurt U.S. airlines.
A lawsuit by Delta Air Lines Inc. had accused the Export-Import Bank of failing to follow a requirement that it makes sure its loans to foreign companies won't hurt U.S. competitors. The Ex-Im bank guaranteed $3.4 billion in loans in 2011 so that Air India could buy planes from Boeing Co. But Delta competes with Air India on some routes.
The Court of Appeals in Washington did not force the bank to reverse the loan guarantee, as Delta had asked. But the ruling says the bank needs to follow the law and provide more justification for the loan. |
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Court: $1M coverage for Conn. fire victim families
Court Watch |
2013/06/11 09:01
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Families suing the operator of a Hartford nursing home where 16 patients died in a 2003 fire suffered a setback Monday, when the Connecticut Supreme Court ruled that the home's insurance coverage was $1 million instead of the $10 million claimed by the victims' relatives.
The justices' 3-2 decision reversed a lower court judge's interpretation of Greenwood Health Center's insurance policy in favor of the families. The high court instead found in favor of Boston-based Lexington Insurance Co., a subsidiary of American International Group Inc.
"It just seems completely inadequate," Van Starkweather, an attorney for one victim's family, said about the lower coverage figure. "I'm disappointed. It was a close decision. Three justices went with AIG. Two justices went with the victims."
A lawyer for Lexington Insurance declined to comment Monday.
The fire at Greenwood Health Center on Feb. 26, 2003, broke out after psychiatric patient Leslie Andino set her bed on fire while flicking a cigarette lighter. Officials at the time said it was the 10th deadliest nursing home fire in U.S. history. Andino was charged with 16 counts of arson murder, but was found incompetent to stand trial and committed to a psychiatric hospital.
Relatives of 13 of the 16 victims sued the nursing home's operator for cash damages, saying it failed to adequately supervise Andino. Hartford Superior Court Judge Marshall K. Berger Jr. ruled in 2009 that Greenwood's insurance policy with Lexington provided $250,000 in coverage for each plaintiff and the policy's maximum coverage was $10 million.
But Lexington Insurance appealed Berger's decision, saying that the $10 million was the total coverage for all seven nursing homes run by Greenwood's operator and that each home was insured up to $1 million.
In a decision written by Chief Justice Chase T. Rogers, the Supreme Court's majority found that each plaintiff actually was eligible for up to $500,000 from the insurance policy if they won their lawsuit, but that the policy's total coverage was limited to $1 million.
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