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Oil leasing dispute heads to federal court
Legal Business |
2013/05/24 09:11
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Attorneys for the government and the oil industry will square off against environmental groups Friday in federal court in Montana in a dispute over greenhouse-gas emissions from oil and gas drilling.
The Montana Environmental Information Center and two other groups want U.S. District Judge Sam Haddon to cancel Bureau of Land Management oil and gas leases covering almost 80,000 acres in Montana.
They argue the agency did not fairly consider that greenhouse gas emissions from drilling activities could make climate change worse.
The BLM counters that the emissions from machinery and the venting of excess natural gas are insignificant.
Several industry groups have intervened in the case. They say the environmentalists behind the 2011 lawsuit cannot prove they suffered any specific harm from the lease sales.
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Court lets stand telecom immunity in wiretap case
Legal Business |
2012/10/10 13:56
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The Supreme Court is leaving in place a federal law that gives telecommunications companies legal immunity for helping the government with its email and telephone eavesdropping program.
The justices said Tuesday they will not review a court ruling that upheld the 2008 law against challenges brought by privacy and civil liberties advocates on behalf of the companies' customers. The companies include AT&T, Inc., Sprint Nextel Corp. and Verizon Communications Inc.
Lawsuits filed by the American Civil Liberties Union and Electronic Frontier Foundation accused the companies of violating the law and customers' privacy through collaboration with the National Security Agency on intelligence gathering.
The case stemmed from surveillance rules passed by Congress that included protection from legal liability for telecommunications companies that allegedly helped the U.S. spy on Americans without warrants. |
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High court uphold WV congressional districts
Legal Business |
2012/09/29 16:42
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The Supreme Court on Tuesday upheld West Virginia's congressional redistricting plan against a challenge that small population variations among its three congressional districts violate the Constitution.
The justices, in an unsigned opinion, reversed a lower federal court ruling that struck down the plan because of the population differences.
The high court said the West Virginia plan easily passes muster and said the population variations are too small to trigger constitutional concerns about the principle of one person, one vote. In addition, the court said the plan adopted by the West Virginia legislature served other legitimate goals, including keeping counties intact and not pitting incumbents against each other.
"It is clear that West Virginia has carried its burden," the high court said.
The justices had previously blocked the ruling to allow the state to conduct elections under the map approved by state lawmakers.
The lower court still can consider challenges to the plan under the state Constitution.
Both the state House and Senate passed the map with bipartisan and nearly unanimous margins. The difference between the smallest and largest districts was about 4,900 people.
The Jefferson County Commission, encompassing Charles Town and Harpers Ferry, challenged the redrawing, which moved one county from one congressional district to another. |
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NJ court upholds decal law for young drivers
Legal Business |
2012/08/10 23:14
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Young drivers in New Jersey will have to continue displaying a red decal on their license plates.
The state Supreme Court upheld "Kyleigh's Law" in a ruling Monday.
In a unanimous opinion, the high court ruled that requiring the decals doesn't violate federal privacy laws or laws against unreasonable search and seizure. An appeals court had ruled similarly last year in a challenge brought by two parents.
The law is named for a New Jersey teenager who was killed in a 2006 crash. It's meant to aid police in enforcing restricted privileges for young drivers.
Opponents say displaying the decals could leave teen drivers vulnerable to predators. But a report last year found only one reported incident in which an underage driver was stopped by someone impersonating a police officer. |
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Back Pay Award Reduced Based on Laches in Class Action
Legal Business |
2012/03/01 10:18
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The Indiana Supreme Court recently decided what could prove to be a landmark decision on the doctrine of laches in Richmond State Hospital v. Brattain, Cause No. 49S02-1106-CV-327. If you are dealing with a case involving laches, this decision is a must read.
In this class action, employees who worked in "state institutions" claimed that the State had breached its contractual duty to provide equal pay for equal work by requiring that they work 40 hours per week for the same pay as employees in "state offices" who were only required to work 37.5 hours per week. The trial court found in favor of the employees and awarded 20 years of back pay, amounting to $42,422,788. The Court of Appeals reduced that award substantially by limiting back pay to a few months for merit employees but for non-merit employees, affirmed a recovery for 20 years of damages or about $18.7 million.
The Indiana Supreme Court granted transfer and then failed to reach a majority on numerous issues, dividing 2-2. Justice Sullivan did not participate, presumably because he served as State Budget Director during the period in dispute. As a result of the 2-2 split, the Supreme Court summarily affirmed the Court of Appeals on the merit employees' claims. As to the non-merit employees, the Supreme Court was able to reach a consensus, largely in favor of the State's laches defense.
http://www.indianalawupdate.com/entry/Back-Pay-Award-Reduced-Based-on-Laches-in-Class-Action |
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