Ex-governor's pardons go before Miss. high court

Court News 2012/02/09 10:03   Bookmark and Share
The Mississippi Supreme Court is set to hear arguments over whether ex-Gov. Haley Barbour legally pardoned 10 current and former inmates.

Among the inmates are four convicted murderers who served as trusties at the Governor's Mansion while Barbour was in office.

The Supreme Court is not expected to rule Thursday.

Barbour pardoned 198 people in his final days in office. Most were already out of prison, some for years or decades.

State Attorney General Jim Hood is challenging the legality of some of the pardons, saying some people didn't publish notifications as Hood says is required in Mississippi's Constitution.

Five of those pardoned are being held in jail on a temporary restraining order while the legal wrangling plays out.
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Magnet Toy Class Action Settlement

Court News 2012/02/05 09:56   Bookmark and Share
On December 15, 2011, the Honorable Susan D. Wigenton, U.S.D.J., granted final approval of a class action settlement in the lawsuit Chris Doering, et al. v. MEGA Brands, Inc., et al., Civil Action No. 2:08-CV-1750 (SDW) (MCA).  Defendants MEGA Brands, Inc., et al. agreed to settle legal claims surrounding certain Magnet Toy products, many of which were subject to recalls instituted by MEGA Brands in cooperation with the Consumer Products Safety Commission ("C.P.S.C.").  Plaintiffs in the lawsuit alleged that certain "Magnet Toys" (as defined in the parties' agreement to settle the action) contained defective magnets, and sought a refund of all monies paid.  This lawsuit did not allege any personal injury claims.  Defendants have denied any and all liability.  However, the parties have agreed to settle the matter to avoid the expense and resources that would be needed for further litigation.

The Settlement covers over 10 million MEGA Brands Magnet Toys, including the Magnetix family of toys, as well as Mag-Warriors, Magnaworld, Magna-Bugs, Magna-Wheels, Magna-Saurs, and Magna-Bones, among others.  A complete list of the "Magnet Toys" covered by the proposed Settlement as well as pictures of those toys is available for consumers to at www.megabrandssettlement.com.

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Judge can't block $18B Chevron judgment

Court News 2012/01/27 09:09   Bookmark and Share
A judge overstepped his authority when he tried to ban enforcement around the world of an $18 billion judgment against Chevron Inc. for environmental damage in Ecuador, a federal appeals court said Thursday.

The three-judge panel of the 2nd U.S. Circuit Court of Appeals explained why it lifted the ban last year and blocked a judge from staging a trial to decide if the judgment was obtained fairly.

It said the judge has authority to block collection if Ecuadorean plaintiffs move against Chevron in New York, but law does not give him authority "to dictate to the entire world which judgments are entitled to respect and which countries' courts are to be treated as international pariahs."

The judgment came last February after nearly two decades of litigation that stemmed from the poisoning of land in the Ecuadorean rainforest while the oil company Texaco was operating an oil consortium from 1972 to 1990 in the Amazon. Texaco became a wholly owned subsidiary of Chevron in 2001.

Chevron obtained an order from U.S. District Judge Lewis A. Kaplan in March blocking Ecuadorean plaintiffs from trying to collect the $18 billion until he could stage a trial to determine whether the judgment was fraudulently obtained.

The Ecuadorean plaintiffs appealed Kaplan's ruling to the 2nd Circuit. The appeals court heard oral arguments and then issued an order in September lifting Kaplan's block on collection efforts. On Thursday, it went a step further, tossing out the portion of Chevron's challenge to the judgment that sought to block its enforcement anywhere in the world.
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NJ gov picks gay black man, Asian for top court

Court News 2012/01/24 09:19   Bookmark and Share
Gov. Chris Christie moved to diversify the state's all-white Supreme Court on Monday with two firsts: the nominations of an openly gay black man and a Korean-born prosecutor to fill two vacancies.

If confirmed, Bruce A. Harris would become New Jersey's first openly gay justice, and Phillip H. Kwon would become its first Asian representative and the first justice born outside the United States.

Christie, a Republican, said he had "extreme confidence" in the records and intellects of his nominees, neither of whom has been a judge.

"I felt strongly about making sure the court have diversity but first and foremost that the court have quality justices who make sure they take the court in a direction that is a responsible one for the future of our state and its people," Christie said at a news conference attended by the nominees and their families.

Harris, 61, is the Republican mayor of Chatham Borough in Morris County, a post Christie said he would give up if confirmed. He would be the third African-American to be seated on the court.
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Judge rules against NYC court protest organizers

Court News 2012/01/20 10:11   Bookmark and Share
A judge has ruled demonstrators don't have a First Amendment right to protest Friday afternoon in front of a New York City federal courthouse that has hosted several major terrorism trials.

Judge Lewis Kaplan said Thursday he wouldn't order the federal government to let an Occupy the Courts demonstration occur outside the lower Manhattan courthouse. He says the space isn't a public forum and the government acted reasonably in denying a permit.

A government lawyer says the courthouse poses unique security concerns in part because of terrorism fears.

Protest organizers had asked the judge to overturn the General Services Administration's rejection of their permit application. Their lawsuit said their First Amendment rights were violated.

The nationwide protest marks the second anniversary of a U.S. Supreme Court ruling against limits on spending by independent organizations.

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Court upholds firing of deputy who claimed racism

Court News 2012/01/16 09:36   Bookmark and Share
A federal appeals court has upheld the firing of an Indiana sheriff's deputy who accused the department of racism in part because detectives watched excerpts from the movie "Blazing Saddles" in his presence.

The Seventh Circuit Court of Appeals ruled Friday that Warrick County Sheriff's Deputy Kevin Harris' 2007 firing for insubordination was legal. Harris was let go during a standard one-year probationary period.

Harris claimed white officers on probation received better treatment despite their performance problems. Harris also claimed other deputies gave him racially tinged nicknames modeled after African-American TV characters, according to court documents.

A federal judge in Indianapolis, however, ruled there wasn't enough evidence to show discrimination, and the appeals court agreed.
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