Landowners to court: Exxon Mobil pipeline breaches contract

Court News 2016/10/19 20:43   Bookmark and Share
Attorneys for landowners along a crude oil pipeline that ruptured in Arkansas in 2013 say Exxon Mobil Pipeline Co. breached its contract because the pipeline interferes with their ability to enjoy their property.

Attorneys for the landowners and Exxon Mobil appeared Wednesday before judges from the 8th U.S. Circuit Court of Appeals in Minnesota.

The landowners asked the appeals court to reinstate their case, which was dismissed last year, and have it re-certified as a class-action suit. Attorney Phillip Duncan says it's an issue of honoring easements.

Exxon Mobil attorney Gary Marts said the case was properly dismissed. He says landowners are essentially trying to regulate pipeline safety through a lawsuit - but that's the job of a federal agency.

The Pegasus Pipeline runs through Arkansas, Missouri, Illinois and Texas.

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Appeals court rules against Kansas in voting rights case

Court News 2016/10/01 12:59   Bookmark and Share
Thousands of prospective voters in Kansas who did not provide citizenship documents will be able to vote in the November election under a federal appeals court ruling late Friday that upheld a judge's order.
 
The decision from the U.S. 10th Circuit Court of Appeals affirms lower court's May order forcing Kansas to register more than 20,000 voters, a number that is expected to swell to 50,000 by the time of the November elections. It noted that the preliminary injunction serves the public interest.

The 10th Circuit ruled "no constitutional doubt arises" that federal law prohibits Kansas from requiring citizenship documents from people who register to vote at motor vehicle office. It added that its reasoning would be more fully explained in a forthcoming order.

The court had previously refused to issue an emergency stay of U.S. District Judge Julie Robinson's order, and this latest comes after a three-judge panel heard oral arguments last month in the case.

Its decision is the latest setback for Kansas Secretary of State Kris Kobach. It comes just a day after the Kansas Republican avoided contempt proceedings by striking a deal with the American Civil Liberties Union to fully register and clearly inform affected voters that they could vote in the November election.

Kobach did not immediately return a cell phone message seeking comment, but his spokeswoman said his office would issue a statement later.
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Nevada high court blocks funding for school choice program

Court News 2016/09/29 13:00   Bookmark and Share
The Nevada Supreme Court has ruled that the state's voucher-style Education Savings Accounts program — seen as the broadest school choice initiative in the country — has an unconstitutional funding mechanism that should remain blocked.

Justices issued a ruling on Thursday against the money source for the program — which has been on hold since the winter and never disbursed funds to families as it intended — but upholding some of the major tenets underlying the school voucher concept.

Parties on both sides of the hotly debated issue claimed victory, emphasizing different parts of the 35-page decision.

"The state was taken to its knees by a group of people that believe in public education," said Rory Reid, son of Democratic Sen. Harry Reid and president of the Rogers Foundation, which supported legal challenges against the program. "This is a tremendous victory."

Proponents framed the ruling as a "landmark win" for themselves, saying it affirmed some of their most fundamental arguments and adding that the program's defects can be fixed by the Legislature.
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Israel's Supreme Court rejects former PM Olmert's appeal

Court News 2016/09/28 13:00   Bookmark and Share
Israel's imprisoned former Prime Minister Ehud Olmert faces an additional eight months behind bars after the country's Supreme Court rejected an appeal.

Olmert is already serving a 19-month sentence after being convicted of bribery and obstructing justice. The court this week unanimously rejected the appeal of a separate set of charges that included accepting cash-stuffed envelopes from a U.S. businessman.

He began his sentence in February. Olmert was a longtime fixture in Israel's hawkish right wing when he began taking a dramatically more conciliatory line toward the Palestinians as deputy prime minister a decade ago.

He played a leading role in Israel's withdrawal from the Gaza Strip in 2005. He became prime minister in January 2006 after then-Prime Minister Ariel Sharon suffered a debilitating stroke.

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Bosnian Serbs vote in referendum banned by top court

Court News 2016/09/22 22:40   Bookmark and Share
Bosnian Serbs on Sunday voted in a referendum banned by the country's constitutional court, risking Western sanctions against their autonomous region and criminal charges against their leaders.

The vote was whether to keep Jan. 9 as a holiday in Republika Srpska, commemorating the day in 1992 that Bosnian Serbs declared the creation of their own state, igniting the ruinous 1992-95 war. It comes despite the top court's ruling that the date, which falls on a Serb Christian Orthodox religious holiday, discriminates against Muslim Bosniaks and Catholic Croats in Bosnia.

Authorities said turnout was between 56 and 60 percent. Preliminary results after 30.76 percent of the ballots were counted say 99.8 percent of the voters were in favor of the holiday.

The vote has raised tensions and fears of renewed fighting as Bosniaks and Croats see the referendum as an attempt to elevate the Serb region above the country's constitutional court. It is also a test for a more serious referendum that Bosnian Serb leaders have announced for 2018 — one on independence from Bosnia.

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DC gun law gets hearing before Washington appeals court

Court News 2016/09/21 22:40   Bookmark and Share
An appeals court will hear challenges to a District of Columbia law that places tough requirements for gun owners to get concealed carry permits.

A three-judge panel of the U.S. Court of Appeals for the D.C. Circuit is hearing arguments Tuesday in two cases involving the law, which requires people who want to carry a gun in public to show a "good reason to fear injury" or another "proper reason" to carry the weapon. Reasons might include a personal threat, or a job that requires a person to carry or protect cash or valuables. Lower court judges have disagreed on whether the law is constitutional.

The hearing is the latest in a long-running tussle over the city's gun laws. Eight years ago, the U.S. Supreme Court struck down the city's ban on handguns, leading the city to rewrite its gun laws. City law now requires residents to register guns kept at their homes or businesses; more than 16,500 guns have been registered, according to police.

Anyone who wants to carry a weapon outside the home needs a separate concealed carry license. The police department said last week that 89 people have been granted concealed carry permits and 374 have been denied.

In March, U.S. District Court Judge Colleen Kollar-Kotelly sided with the city and declined to issue a preliminary injunction halting the enforcement of the law requiring a "good reason" or "proper reason" for anyone who wants to carry a gun in public. Kollar-Kotelly said opponents had not shown that their lawsuit was likely to be successful. She noted that appeals courts in other parts of the country had approved of laws in New York, New Jersey and Maryland that are similar to the District of Columbia's.

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