Court orders Calif. to set standard for chemical

Court News 2013/08/01 08:40   Bookmark and Share
A California court has ordered the state's Department of Public Health to establish a safe drinking water standard for the cancer-causing chemical made famous in the film "Erin Brockovich."

An Alameda County Superior Court judge directed the agency to propose a drinking water standard for hexavalent chromium by the end of August.

The ruling on July 18 came nearly a year after environmental groups filed a lawsuit against the state, claiming it was eight years late in setting the standard.

Results of state water quality testing conducted between 2000 and 2011 throughout California showed that about a third of the 7,000 drinking water sources tested had hexavalent chromium levels at or above a preliminary benchmark set by the California EPA. The chemical comes chiefly from industrial pollution, but also occurs naturally.

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Court bars tax preparer who inflated deductions

Headline Legal News 2013/07/26 10:20   Bookmark and Share
The U.S. Justice Department says a Charleston man prepared hundreds of tax returns that cheated the government out of $55 million.

A federal judge on Tuesday permanently barred Stacy Middleton from preparing federal tax returns for others.

Middleton had been preparing tax returns for more than a decade. Prosecutors say he and another man prepared returns that understated their clients' income tax liabilities and overstated deductions and credits.

From 2008 to 2011, authorities say the men prepared about 17,000 federal returns. Of the records examined by the Internal Revenue Service, more than 90 percent needed adjustments.

In all, the IRS estimates that the U.S. Treasury lost as much as $55 million in revenue.
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Arizona high court to hear school funding case

Headline Legal News 2013/07/23 10:37   Bookmark and Share
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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Colo. senators go to court to halt recall efforts

Court Watch 2013/07/17 20:23   Bookmark and Share
Two Colorado Democratic state senators facing recalls over their support for new gun restrictions argued Wednesday to stop the proceedings, telling a judge the petitions against them are invalid and that no election should be set until judicial review is complete.

State Senate President John Morse of Colorado Springs and Pueblo Sen. Angela Giron argue the recall petitions against them were improperly worded and didn't ask for an election to appoint a successor.

Denver District Court Judge Robert Hyatt heard arguments Wednesday and will rule Thursday afternoon whether to grant a preliminary injunction.

Supporters of the recall maintain their petitions are valid. The Secretary of State's office has agreed and is seeking a court order to force Democratic Gov. John Hickenlooper to set an election date.

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Court: Legal status can't be used in civil cases

Legal Insight 2013/07/17 20:23   Bookmark and Share
A person's legal status in the country can't be used in civil cases by attorneys to intimidate or coerce under a new rule approved by the Washington Supreme Court last week.

Since 2007, advocates have been working to make the change to the Rules of Professional conduct that attorneys licensed in the state must adhere to following. The lobbying began after members of the Latino/a Bar Association of Washington had seen attorneys and, in some cases, judges discuss a person's legal status in the country openly in court to intimidate.

"We thought it was unethical to do," said Lorena Gonzalez, who was president of the attorney association at the time. "We looked at the rules there was silence on the issue."

The rule does not affect criminal cases, but does cover civil matters, such as family disputes, personal injury claims, workplace cases, medical malpractice and other fields.

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Ill. Supreme Court ends challenge to abortion law

Legal Insight 2013/07/13 09:37   Bookmark and Share
The Illinois Supreme Court ended a lengthy and emotionally charged legal appeal over an abortion notification law Thursday, clearing the way for the state to begin enforcing a 1995 measure that requires doctors to notify a girl's parents 48 hours before the procedure.

The court ruled unanimously to uphold a circuit court's earlier dismissal of a challenge to the law that was filed by a Granite City women's health clinic and a doctor at the University of Illinois at Chicago.

After court battles that lasted nearly two decades, Illinois now joins 38 other states in requiring some level of parental notification. The law goes into effect in 35 days unless it's appealed to the U.S. Supreme Court, which has found such laws to be constitutional elsewhere.

Opponents of the notification law had argued that it violated privacy and gender equality rights because young women should be able to make their own decisions about their bodies and pregnancies. Supporters of the law, which was defended by the Illinois Attorney General's office, argued that parents would be deprived of basic rights if they were not notified of a daughter's decision to have an abortion.

Anti-abortion activists have long said Illinois was a haven for teens from states with stricter laws on the books seeking abortions.

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