US appeals court grants Hobby Lobby full hearing

Legal Business 2013/03/30 22:49   Bookmark and Share
A federal appeals court has granted Hobby Lobby's request for the entire court to hear its challenge of a federal requirement that it provide insurance coverage for the morning-after pill and similar emergency contraceptives.

The 10th U.S. Circuit Court of Appeals announced its decision Friday. Appeals are usually decided by a three-judge panel, but a total of nine judges will hear the appeal from the Oklahoma City-based arts and crafts chain.

Hobby Lobby is challenging a requirement in the new federal health care law that says the company must provide and pay for emergency contraceptives. The company says the requirement violates the beliefs of its Christian owners.

The Denver-based court also said it would hear Hobby Lobby's appeal on an expedited basis, with oral arguments expected this spring.
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Court: EPA can stop some power plant modifications

Legal Business 2013/03/29 22:49   Bookmark and Share
A federal appeals court says government regulators can try to halt construction projects at power plants if they think the companies didn't properly calculate whether the changes would increase air pollution.

The U.S. Environmental Protection Agency sued DTE Energy in 2010 because the company replaced key boiler parts at its Monroe Unit 2 without installing pollution controls that are required whenever a utility performs a major overhaul. DTE said the project was only routine maintenance.

U.S. District Judge Bernard Friedman threw out the suit, saying EPA went to court too soon.

But the Sixth U.S. Circuit Court of Appeals overturned his decision Thursday. In a 2-1 ruling, the court says the law doesn't block EPA from challenging suspected violations of its regulations until long after power plants are modified.
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NY top court OKs tax on online sellers like Amazon

Court News 2013/03/27 22:50   Bookmark and Share
New York's highest court ruled Thursday the state can collect sales tax from out-of-state retailers, rejecting claims by Amazon.com and Overstock.com that the tax law violates the U.S. Constitution's Commerce Clause.

The Court of Appeals said in a 4-1 ruling that the 2008 amendment meets the U.S. Supreme Court test that the sellers have "a substantial nexus" with the taxing state. Taxes apply when the online retailers generate at least $10,000 in annual sales to New Yorkers from in-state websites that earn commissions by bringing in potential customers through links to the big retailers.

Amazon.com, with corporate offices in Washington state, has an "Associates Program" where others put such links on their websites. Overstock.com, based in Utah, suspended its similar "Affiliates" program in New York after the state statute was enacted.

New York's sales tax is 4 percent and all its counties and New York City add an additional tax ranging from 3 percent to near 5 percent. Both apply to applicable Internet sales, according to the state Department of Taxation and Finance.
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Foreign maids lose court fight for HK residency

Court Watch 2013/03/25 15:12   Bookmark and Share
Hong Kong's top court ruled against two Filipino domestic helpers seeking permanent residency Monday, the final decision in a case that affects tens of thousands of other foreign maids in the southern Chinese financial hub.

In a unanimous ruling, the Court of Final Appeal sided with the government's position that tight restrictions on domestic helpers mean they don't have the same status as other foreign residents, who can apply to settle permanently after seven years. Lawyers for the two had argued that an immigration provision barring domestic workers from permanent residency was unconstitutional.

The court also rejected the government's request for Beijing to have the final say in the matter, which had sparked fears of interference by China's central government in the semiautonomous region. Some saw the request as a backhanded attempt by the government to get Beijing to halt the flow of another group of unwanted migrants - children of mainland Chinese parents - while putting the city's prized judicial independence at risk.
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Fla. lawyer at center of $300M scheme

Law Firm News/Florida 2013/03/14 15:35   Bookmark and Share
One of the men who authorities say was at the center of a scam to use a veterans charity as a front for an illegal gambling operation worth nearly $300 million was a well-known attorney who once ran a marathon in a suit as a publicity stunt.

Another man involved in the case was described by friends as a small-town “pool hustler” in South Carolina. Jacksonville attorney Kelly Mathis was identified by authorities as the man at the center of the alleged racketeering scheme. Two other men charged as co-conspirators had experience running gaming parlors, including Johnny E. Duncan, who was charged more than 20 years ago with creating a fake charity to sponsor bingo gaming, which allowed the games to operate tax-free. The other man, Jerry Bass, had previously worked as general manager of a video poker parlor in South Carolina.

Authorities said Mathis made about $6 million from the operation. During a news conference Wednesday, Florida Attorney General Pam Bondi unveiled a poster with a photo of Mathis in the center and linked to dozens of alleged gambling operations. Officials said he was the registered agent for 112 businesses related to the investigation. Nearly 60 people have been arrested so far.
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NY dismemberment defendant dons trash bag in court

Law Firm News/New York 2013/03/04 13:01   Bookmark and Share

A New York City man accused of killing and dismembering his mother has appeared at his arraignment on a murder charge wearing a large garbage bag.

Bahsid McLean was held without bail following his Bronx court appearance Thursday.

His attorney says his client had been urinating on himself and had no other clean clothing. He says he is off medication, and will undergo a psychiatric evaluation.

The criminal complaint says McLean stabbed Tanya Byrd and then cut up her body with help from another man.

A resident walking his dog came across the remains early Tuesday. Police say they were stuffed in four bags and scattered along four blocks.

The second suspect, William Harris, was arraigned on charges that include hindering prosecution. There was no immediate information on his attorney.
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