Lawyer Blog Post 2017/12/08 10:18
A lawsuit against a North Carolina city for allegedly discriminating against an African-American-owned television network will go forward after the Supreme Court declined to get involved in the case.
The Supreme Court's announcement Monday that it would not get involved in the dispute leaves in place a ruling of the U.S. Court of Appeals for the 4th Circuit earlier this year that revived the lawsuit. A trial court had initially dismissed it.
Black Network Television claims the City of Greensboro rescinded a $300,000 economic development loan because of race. The city says race had nothing to do with it. Appeals court judges ruled 2-1 that the lawsuit had been improperly dismissed.
Lawyer Blog Post 2017/10/20 19:03
The Washington state Supreme Court is set to hear argument on whether the state has met its constitutional requirement to fully fund K-12 education.
Tuesday morning's hearing is on whether the state should still be held in contempt for lack of progress on satisfying a 2012 ruling that found that school funding was not adequate. Lawmakers needed a funded plan in place this year ahead of a Sept. 1, 2018 deadline the court had set.
The plan approved and signed by Gov. Jay Inslee earlier this year relies largely on an increase to the statewide property tax that starts next year. The tax increases from $1.89 to $2.70 per $1,000 of assessed value, with the increase earmarked for education. The plan — which keeps in place local property tax levies but caps them beginning in 2019 at a lower level— will ultimately raise property taxes for some districts and lower them in others.
Lawyer Blog Post 2017/09/21 03:12
Toys R Us, the pioneering big box toy retailer, has announced it has filed for Chapter 11 bankruptcy protection while continuing with normal business operations.
A statement by the Wayne, New Jersey-based company late Monday says it voluntarily is seeking relief in U.S. Bankruptcy Court for the Eastern District of Virginia in Richmond - and that its Canadian subsidiary is seeking similar protection through a Canadian court.
Toys R Us says court-supervised proceedings will help restructure its outstanding debt and reorganize for long-term growth.
The company says separate operations outside the U.S. and Canada, including more than 250 licensed stores and a joint venture partnership in Asia, are not part of the filings.
It emphasizes that its approximately 1,600 locations will remain open, that it will continue to work with suppliers and sell merchandise.
Lawyer Blog Post 2017/07/20 22:48
The Idaho Supreme Court on Tuesday upheld Gov. C.L. "Butch" Otter's contentious veto of legislation repealing the state's 6 percent sales tax on groceries.
The high court's decision comes after 30 state lawmakers filed a lawsuit claiming Otter took too long to veto the grocery tax repeal because he waited longer than 10 days as outlined in the Idaho Constitution.
Otter, along with other top elected officials, countered he was just following a 1978 high court ruling that said the veto deadline only kicks after it lands on his desk. The lawsuit originally singled out Secretary of State Lawerence Denney because he verified the governor's veto. Otter was later named in the challenge at the Republican governor's request because he argued that it was his veto that sparked the lawsuit.
However, the justices disagreed with Otter. Nestled inside their 21-page ruling, the court overruled the previous 1978 decision — a rare move inside the courts due to a preference to follow prior judicial precedent— because they argued the Constitution clearly states the deadline starts when the Legislature adjourns for the year. That part of the Tuesday's decision will only apply to future legislative sessions and not the grocery tax repeal case nor any other prior vetoes.
"The 1978 decision did not interpret the Constitution; it purported to rewrite an unambiguous phrase in order to obtain a desired result," the justices wrote.
Otter's spokesman did not respond to request for comment, though Otter is currently hospitalized recovering from back surgery and an infection. Denney's office also did not return request for comment.
For many Idahoans, Tuesday's ruling won't result in changes at the grocery checkout line. They will continue paying the tax and the state won't be at risk of losing the tax revenue, which helps pay for public schools and transportation projects. Instead, it's the Idaho Legislature that will face dramatic changes when handling bills at the end of each session.

Lawyer Blog Post 2017/07/11 16:54
A Louisiana flood board is nearing a deadline for asking the U.S. Supreme Court to review its lawsuit seeking to make oil and gas companies pay for decades of damage to coastal wetlands.
Federal district and appeals courts have rejected the lawsuit, which was met by fierce opposition from the energy industry and many in state government when it was filed in 2013. The suit by the Southeast Louisiana Flood Protection Authority East said drilling and dredging activity contributed to loss of wetlands that form a hurricane buffer for New Orleans.
Oil industry supporters have labeled the lawsuit an attack on a vital industry. Tuesday marks the deadline for the flood board attorneys to seek Supreme Court review after their last defeat in April.
A federal district judge's 2015 ruling held that federal and state law provided no avenue by which the board could bring the suit.
A three judge panel of the 5th U.S. Circuit Court of Appeals upheld the ruling in March and the full 15-member court refused a rehearing in April. Lawyers for the flood board had a 90-day window to seek Supreme Court review.
Flood authority lawyers have argued that the flood board has the right to seek compensation for levee damage under the federal Rivers and Harbors Act. They also argued that federal judges should not have allowed the case to be moved to federal court from the state court where it originally was filed.
Meanwhile, some coastal parishes are pursuing coastal damage suits in state courts on different legal grounds. Gov. John Bel Edwards, a Democrat, has urged the energy companies to work toward a settlement. Industry leaders have resisted, saying the suits are meritless.

Lawyer Blog Post 2017/06/13 09:23
A bankruptcy court document says two Ohio-based grocery chains have agreed to buy 26 of Marsh Supermarkets' 44 remaining stores for a total of $24 million.
The court filing posted Tuesday says Fishers-based Marsh is seeking court approval to sell 11 stores to Kroger Co. subsidiary Topvalco Inc. for $16 million and 15 stores to Findlay, Ohio-based Fresh Encounter parent Generative Growth LLC for about $8 million.
Topvalco agreed to buy three stores in Bloomington; two each in Indianapolis, Muncie and Zionsville, and single stores in Fishers and Greenwood.
Generative Growth agreed to buy two Indianapolis stores; other Indiana stores in Columbus, Elwood, Greensburg, Hartford City, Marion, New Palestine, Pendleton, Richmond and Tipton; and Ohio stores in Eaton, Middletown, Troy, and Van Wert.
Indiana governor names Judge Goff to state Supreme Court
Indiana's next state Supreme Court justice, Wabash County Superior Court Judge Christopher Goff, said Monday his appointment to the state's highest court is humbling beyond words and something he never would have imagined at the start of his legal career.
Goff's selection to fill the vacancy created by Justice Robert Rucker's retirement was announced by Gov. Eric Holcomb. The governor said Goff, 45, "will bring his unique voice and experiences" from his years in rural Indiana to the five-member court when he becomes its youngest member.
"Judge Goff grew up in a working class neighborhood and has spent most of his life living in a rural county, which will complement his colleagues on the bench with their own deep roots in other urban and suburban regions of the state," Holcomb said at his Statehouse announcement.
He selected Goff over the two other finalists for the vacancy chosen by Indiana's Judicial Nominating Commission: Boone Superior Court Judge Matthew Kincaid and Clark Circuit Court Judge Vicki Carmichael. Twenty people had applied for the vacancy.
