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Court seems to favor fired whistleblower
Headline Legal News | 2014/11/05 14:49
The Supreme Court on Tuesday seemed inclined to rule in favor of a former federal air marshal who wants whistleblower protection for leaking information about aviation security plans.

Several of the justices indicated during oral argument that Robert MacLean did not violate the law when he revealed to a reporter government plans to cut back on overnight trips for undercover air marshals despite a potential terror threat.

MacLean said he leaked the information to an MSNBC reporter after supervisors ignored his safety concerns. His revelations in 2003 triggered outrage in Congress and the Department of Homeland Security quickly decided not to make the cutbacks, acknowledging it was a mistake.

But MacLean was fired from the Transportation Security Administration three years later, after the government discovered he was the leaker.

A federal appeals court ruled last year that MacLean should be allowed to present a defense under federal whistleblower laws. The Obama administration argues that whistleblower laws contain a major exception — they do not protect employees who reveal information "prohibited by law."

Deputy Solicitor General Ian Gershengorn told the justices that TSA regulations specifically prohibit disclosure of "sensitive security information," including any information relating to air marshal deployments.

But several of the justices pointed out that the Whistleblower Protection Act refers only to other laws, not agency regulations.

"So it is prohibited by regulations, let's not play games," Justice Antonin Scalia told Gershengorn.

Justice Stephen Breyer suggested that since no law seemed to ban the kind of information MacLean leaked, the president could simply issue an executive order to keep TSA workers from disclosing that kind of information.


Court hearing on Natchez hospital bankruptcy
Headline Legal News | 2014/10/03 09:49
A federal court is expected to approve the bankruptcy plan for Natchez Regional Medical Center.The Natchez Democratic reports Judge Neil P. Olack will preside over the bankruptcy hearing Monday.

Natchez Regional filed a Chapter 9 bankruptcy in March after months of attempting to find a buyer for the county-owned hospital.

Earlier this month, Community Health Systems, based in Franklin, Tennessee, purchased the hospital, pending approval of the bankruptcy court.

The bankruptcy attorneys and creditors have agreed upon a plan that must be confirmed by the judge for the proceeding to move forward.The plan includes a two-year payback of unsecured creditors.


German court: chronically ill could grow marijuana
Headline Legal News | 2014/07/22 14:12

Some Germans may soon be able to grow their own marijuana to relieve chronic pain after a ruling from a court in Cologne.

The Cologne administrative court ruled Tuesday in favor of three plaintiffs who had sued for the right to grow marijuana for therapeutic purposes, sending the cases back to the government agency responsible for approving medical marijuana products.

The court says the three demonstrated they could not combat their pain any other way and could not afford to purchase medical marijuana, which is permitted in Germany but not usually covered by the country's health insurance system.

The court also stipulated that allowing marijuana cultivation should depend upon a "thorough and individual" examination of each case, and rejected two other claims.


Fla. man pleads guilty to rhino horn trafficking
Headline Legal News | 2014/07/08 14:28
A South Florida man has pleaded guilty to illegally trafficking in the horns of the black rhinoceros in violation of the Endangered Species Act.

A federal judge is scheduled in September to sentence 76-year-old Gene Harris of Miami following his guilty plea this week. Harris could get up to five years in prison and a $250,000 fine.

According to court records, Harris sold a variety of wildlife products, including taxidermy mounts. In 2011, he arranged for a customer in California to buy two black rhinoceros horns from a seller in Phoenix, Arizona, for $60,000.

Court documents show Harris was paid a $10,000 finder's fee.

Black rhinoceros horns are prized commodities in many Asian countries, where they are turned into ornamental carvings and other items.


Iowa high court reinstates major pollution lawsuit
Headline Legal News | 2014/06/17 11:14

In a major environmental case, the Iowa Supreme Court ruled Friday that residents can bring a nuisance lawsuit against a Muscatine manufacturer accused of routinely blanketing their properties with soot and chemicals.

The court reinstated the class-action lawsuit against Grain Processing Corp., which operates a plant that turns corn kernels into products ranging from corn syrup to ethyl alcohol. The plaintiffs' claims of nuisance, negligence and trespass are not barred by the federal Clean Air Act or state rules governing air emissions, Justice Brent Appel wrote in a 6-0 decision that was applauded by environmentalists but criticized by business interests.

A regional economic force, the company buys $400 million in corn from farmers annually and is one of the area's largest employers.

But Muscatine residents have complained for years that it spews harmful chemicals into the environment that get blown onto their homes, yards and cars. The lawsuit, filed on behalf of up to 17,000 residents who live within a 3-mile radius of the plant, contends the pollution undermines their ability to enjoy their property and causes metals in everything from swing sets to air conditioning systems to corrode.



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