Wash. man due in court in alleged Obama threat

Headline Legal News 2012/08/24 14:16   Bookmark and Share
A Washington state man accused of making an email threat against President Barack Obama and brandishing a shotgun at officers who came to his door is scheduled to appear in federal court.

Secret Service spokesman Brian Leary says 31-year-old Anton Caluori was arrested Tuesday at an apartment in Federal Way for investigation of making threats against the president and assault on a federal officer.

U.S. attorney's spokeswoman Emily Langlie says the threat was sent to a general purpose FBI email address.

A Secret Service agent and a Federal Way police officer went to an apartment, knocked and announced themselves for about three minutes, then found themselves facing a man armed with a shotgun when the door opened.

Leary says Caluori is set to appear at 2 p.m. Wednesday in court.

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Appeals court affirms oil company polar bear rules

Legal Business 2012/08/22 14:13   Bookmark and Share
Oil companies operating in the Chukchi Sea off Alaska's northwest coast will have a negligible effect on polar bears and walrus, according to a federal Appeals Court ruling Tuesday that backed U.S. Fish and Wildlife Service rules on harassment of the animals.

A three-judge panel of the 9th Circuit Court of Appeals said the agency correctly issued rules that provide legal protection to oil companies if small numbers of polar bears or Pacific walruses are incidentally harmed.

"We're glad that the court has reaffirmed the appropriateness of our conservation measures," agency spokesman Bruce Woods said.

The Center for Biological Diversity sued over the rules, claiming both individual animals and entire populations must be analyzed for protection. Center attorney Rebecca Noblin said the Appeals Court agreed but concluded the Fish and Wildlife Service had done sufficient separate analyses. Noblin called the decision disappointing.

The Marine Mammal Protection Act generally prohibits the "take" of marine mammals. Take is defined to include harassment or annoyance that has the potential to injure or that could disrupt behavior patterns such as migration, nursing, breeding and feeding.

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Pa. city's immigration rules back in US court

Court Watch 2012/08/17 10:52   Bookmark and Share
The dispute over a northeast Pennsylvania city's attempt to crack down on illegal immigrants is back before a federal appeals court Wednesday.

The six-year case involving Hazleton returns to the 3rd U.S. Circuit Court of Appeals because of a recent Supreme Court ruling.

The city rules would fine landlords who rent to illegal immigrants and deny business permits to companies that employ them. A companion piece requires tenants to register with City Hall and pay for a rental permit.

But they've all been on hold since a federal judge struck them down, and the federal appeals court affirmed the decision, saying they usurp the federal government's power to regulate immigration.

Now a mixed decision from the Supreme Court in a related case in Arizona is sending the Pennsylvania case back to court.
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NC regulators hire law firm to probe Duke Energy

Topics in Legal News 2012/08/15 10:52   Bookmark and Share
North Carolina utilities regulators said Wednesday they have hired a former federal prosecutor with experience digging into corporate affairs to reveal whether regulators were misled ahead of a takeover that created America's largest electric company.

The North Carolina Utilities Commission said it has hired Anton Valukas and the Jenner & Block law firm, which he heads in Chicago. The ex-prosecutor and his firm are tasked with investigating what happened before regulators approved Charlotte-based Duke Energy Corp. taking over Raleigh-based Progress Energy Inc.

State law allows the costs associated with the utilities commission's investigation to be charged to Duke Energy and its shareholders rather than allowing the company to pass them along to its 3.2 million North Carolina customers.

A Duke Energy spokesman said the company was cooperating with regulators in their investigation.

The company on Wednesday separately sought to begin passing along to Carolinas energy consumers the first $89 million of $650 million in merger-related savings promised over the next five years. If that is approved, the average residential customer in North Carolina and South Carolina could save between 80 cents and 92 cents a month beginning in September.
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Court overturns $1M award against U of M, Smith

Legal Insight 2012/08/10 12:19   Bookmark and Share
The Minnesota Supreme Court has overturned a $1 million award against the University of Minnesota and men's basketball coach Tubby Smith over the hiring of an assistant coach.

Jimmy Williams quit his job as an assistant coach at Oklahoma State in 2007 because he believed Smith had hiring authority when he offered him an assistant coaching job. Minnesota later withdrew the offer because Williams had NCAA rules violations during a previous stint as an assistant for the Golden Gophers more than 20 years ago.

Williams sued, and a Hennepin County jury and the state appeals court sided with him. But the Minnesota Supreme Court on Wednesday reversed those decisions, saying Williams was not entitled to protection against negligent misrepresentations from Smith about his hiring authority.

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Pa. high court fast tracks juvenile lifer appeals

Court News 2012/08/08 12:19   Bookmark and Share
Pennsylvania's highest court is moving quickly to determine how to respond to a recent U.S. Supreme Court ruling that mandatory life-without-parole sentences for juveniles aren't constitutional.

The Sentencing Project, an advocacy group based in Washington, has said Pennsylvania leads the nation in the number of juvenile lifers.

The state Supreme Court scheduled oral argument for Sept. 13 in a pair of cases that will determine what to do about the hundreds of people serving such sentences, as well as how to handle the issue going forward.

The 5-to-4 U.S. Supreme Court decision issued June 25 still makes it possible for juveniles to get life, but it can't be automatic.

The Pennsylvania Department of Corrections says 373 lifers were under age 18 at the time they were sentenced.

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