Judge W. Brent Powell Appointed to Missouri Supreme Court

Attorney News 2017/04/24 08:39   Bookmark and Share
Jackson County Circuit Judge W. Brent Powell was appointed Tuesday to the Missouri Supreme Court, marking the first high-profile judicial selection by new Republican Gov. Eric Greitens.

Powell will replace former Judge Richard Teitelman, who died in November at his home in St. Louis.

Powell, a 46-year-old Kansas City resident, was appointed by former Republican Gov. Matt Blunt as a Jackson County judge in 2008. He previously spent seven years as an assistant U.S. attorney in Kansas City and also worked as an assistant Platte County prosecutor.

Greitens said Powell has established himself as "an outstanding jurist."

"He has received high marks for being humble, fair-minded and of the highest integrity," Greitens said in a written statement accompanying his announcement. "I am confident Judge Powell will be committed to strengthening and improving our court system and guarding the rule of law as a judge on our state's highest court."

Powell's wife, Beth Phillips, was appointed as a U.S. district judge in 2011 by Democratic President Barack Obama after serving as U.S. attorney in Kansas City. His sister-in-law, Jennifer Phillips, was appointed to the Jackson County Circuit Court in 2014 by former Democratic Gov. Jay Nixon after serving as an assistant county prosecutor. Powell's father, his father-in-law, an uncle and several cousins also have been attorneys.

"Coming from a clan of lawyers, this is a very special day for me and my family," Phillips said Tuesday in a written statement. "As I step into this new role, I hope to model the humility and judicial temperament exhibited by the late Judge Richard Teitelman who was known for his kindness and congeniality."

Unlike at the federal level, Missouri Supreme Court appointees are not subject to Senate confirmation. Instead, Powell will face a retention vote for a 12-year term during the 2018 general election.

Powell's appointment could shift the court a little to the right. Though Missouri appeals judges don't run as Democrats or Republicans, Teitelman had been appointed by former Democratic Gov. Bob Holden and typically aligned along liberal lines.

Powell's addition will mean three of the state's seven Supreme Court judges were appointed by Republican governors.
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Pakistan court to decide on accusations against PM's family

Attorney News 2017/04/20 11:12   Bookmark and Share
Under tight security, Pakistan's top court is to deliver a much-awaited decision on Thursday on corruption allegations against Prime Minister Nawaz Sharif's family which could determine his political future.

If the Supreme Court announces punitive measures against Sharif or his family members as part of the decision, it may lead to a crisis in government. In 2012, the same court convicted then-Premier Yusuf Raza Gilani in a contempt case, forcing him to step down.

Thursday's decision will be the outcome of petitions from opposition lawmakers dating back to documents leaked in 2016 from a Panama-based law firm that indicated Sharif's sons owned several offshore companies.

Sharif's family has acknowledged owning offshore businesses.

The opposition wants Sharif, in power since 2013, to resign over tax evasion and concealing foreign investment. Sharif has defended his financial record.

Information Minister Maryam Aurangzeb told reporters the government will "accept the court decision."

Naeemul Haq, a spokesman for cricketer-turned-politician Imran Khan, whose party is leading the petition, said the decision will be an "historic one."

Lawyer A.K. Dogar, who is not involved in the probe by the Supreme Court or the petition, said the decision could determine the political fate of Sharif.

Senior opposition politician Mehnaz Rafi, from Khan's party, told The Associated Press she hopes the decision will help recover tax money from Sharif's family and others who set up offshore companies to evade taxes. If the court finds Sharif's family evaded paying taxes, she said he should resign as he will no longer have "moral authority to remain in power."

The prime minister has insisted his father built up the family business before Sharif entered politics in the 1980s. Sharif says he established a steel mill abroad while he was exiled to Saudi Arabia by former military ruler Pervez Musharraf, who seized power in a coup in 1999.

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Court: Civil Rights Law Prohibits Discrimination of LGBT

Attorney News 2017/04/03 22:51   Bookmark and Share
A federal appeals court ruled for the first time Tuesday that the 1964 Civil Rights Act protects LGBT employees from workplace discrimination, setting up a likely battle before the Supreme Court as gay rights advocates push to broaden the scope of the 53-year-old law.

The 8-to-3 decision by the full 7th U.S. Circuit Court of Appeals in Chicago comes just three weeks after a three-judge panel in Atlanta ruled the opposite, saying employers aren't prohibited from discriminating against employees based on sexual orientation.

The 7th Circuit is considered relatively conservative and five of the eight judges in the majority were appointed by Republican presidents, making the finding all the more notable.

The case stems from a lawsuit by Indiana teacher Kimberly Hively alleging that the Ivy Tech Community College in South Bend didn't hire her full time because she is a lesbian.

In an opinion concurring with the majority, Judge Richard Posner wrote that changing norms call for a change in interpretation of the Civil Rights Act, which bars discrimination based on race, color, religion, national origin or sex.

"I don't see why firing a lesbian because she is in the subset of women who are lesbian should be thought any less a form of sex discrimination than firing a woman because she's a woman," wrote the judge, who was appointed by Republican Ronald Reagan.

The decision comes as President Donald Trump's administration has begun setting its own policies on LGBT rights. Late in January, the White House declared Trump would enforce an Obama administration order barring companies that do federal work from workplace discrimination on the basis of sexual identity. But in February, it revoked guidance on transgender students' use of public school bathrooms, deferring to states.

Hively said after Tuesday's ruling that she agreed to bring the case because she felt she was being "bullied." She told The Associated Press in a telephone interview that the time has come "to stop punishing people for being gay, being lesbian, being transgender."

"This decision is game changer for lesbian and gay employees facing discrimination in the workplace and sends a clear message to employers: it is against the law to discriminate on the basis of sexual orientation," said Greg Nevins, of Lambda Legal, which brought the case on behalf of Hively.

Ivy Tech said in a statement that its policies specifically bar discrimination based on sexual orientation and that it denies discriminating against Hively, a factual question separate from the 7th Circuit's finding regarding the law.
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Ohio court considers privacy rights in backpack search

Attorney News 2017/03/01 10:48   Bookmark and Share
The state Supreme Court will hear arguments over the constitutionality of an Ohio student's backpack search that authorities say led first to the discovery of bullets and later a gun.

At issue before the high court is whether a second search of the backpack violated the student's privacy rights, which are generally weaker inside school walls.

The court scheduled arguments for Wednesday morning. Prosecutors in Franklin County appealed after two lower courts tossed out the evidence because of the second search.

A security official at a Columbus city high school searched the backpack in 2013 after it was found on a bus. The official conducted a second search after he recalled the student had alleged gang ties. That search led to finding a gun on the student.
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High court ruling limits international reach of patent laws

Attorney News 2017/02/23 09:28   Bookmark and Share
The Supreme Court on Wednesday sided with California-based Life Technologies Corp. in a patent infringement case that limits the international reach of U.S. patent laws.

The justices ruled unanimously that the company's shipment of a single part of a patented invention for assembly in another country did not violate patent laws.

Life Technologies supplied an enzyme used in DNA analysis kits to a plant in London and combined it with several other components to make kits sold worldwide. Wisconsin-based Promega Corp. sued, arguing that the kits infringed a U.S. patent.

A jury awarded $52 million in damages to Promega. A federal judge set aside the verdict and said the law did not cover export of a single component.

The federal appeals specializing in patent cases reversed and reinstated the verdict.

Patent laws are designed to prevent U.S. companies from mostly copying a competitor's invention and simply completing the final phase overseas to skirt the law. A violation occurs when "all or a substantial portion of the components of a patent invention" are supplied from the United States to a foreign location.

Writing for the high court, Justice Sonia Sotomayor said the law addresses only the quantity of components, not the quality. That means the law "does not cover the supply of a single component of a multicomponent invention," Sotomayor said.

Only seven justices took part in the ruling. Chief Justice John Roberts heard arguments in the case, but later withdrew after discovering he owned shares in the parent company of Life Technologies.
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Travel ban decision in hands of federal appeals court judges

Attorney News 2017/02/09 00:36   Bookmark and Share
A federal appeals court will decide whether to reinstate President Donald Trump's travel ban after a contentious hearing in which the judges hammered away at the administration's motivations for the ban, but also directed pointed questions to an attorney for two states trying to overturn it.

It was unclear which way the three judges of the San Francisco-based 9th Circuit Court of Appeals would rule, though legal experts said the states appeared to have the edge.

"I'm not sure if either side presented a compelling case, but I certainly thought the government's case came across as weaker," said Stephen Vladeck, a professor at the University of Texas School of Law.

A ruling could come as early as Wednesday and could be appealed to the U.S. Supreme Court.

Trump tweeted early Wednesday: "If the U.S. does not win this case as it so obviously should, we can never have the security and safety to which we are entitled. Politics!"

The appeals court challenged the administration's claim that the ban was motivated by terrorism fears, but it also questioned the argument of an attorney challenging the executive order on grounds that it unconstitutionally targeted Muslims.

The contentious hearing before three judges on the San Francisco-based 9th Circuit Court of Appeals focused narrowly on whether a restraining order issued by a lower court should remain in effect while a challenge to the ban proceeds. But the judges jumped into the larger constitutional questions surrounding Trump's order, which temporarily suspended the nation's refugee program and immigration from seven mostly Muslim countries that have raised terrorism concerns.

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