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Kansas tells court broad support is reason to OK schools law
Lawyer World News |
2019/04/12 10:58
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Lawyers for Kansas told the state Supreme Court on Monday that it should sign off on a new law boosting spending on public schools and end a protracted education funding lawsuit partly because the law has broad, bipartisan support.
Attorney General Derek Schmidt, a Republican, filed written legal arguments defending the new law. It contains Democratic Gov. Laura Kelly's proposal for an education funding increase of roughly $90 million a year and is aimed at satisfying a state Supreme Court ruling last year that education funding remained inadequate.
Four school districts sued the state in 2010, and their attorneys have said that the new law does not provide enough additional funding after the 2019-20 school year. Schmidt said the districts are seeking a "heckler's veto" after Kelly, many Republican lawmakers and the GOP-led State Board of Education agreed that the increase she sought would satisfy the court.
"This court should give great weight to the considered decisions of both the education officials and the people's representatives," Schmidt's written argument said. "That is particularly true here given the widespread, bipartisan consensus."
Attorneys for the four school districts asked in their own filing for the Supreme Court to order higher spending after the 2019-20 school year, give legislators another year to comply and keep the case open so that the state's actions can be monitored. |
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As Tesla heads to court, shares fall as deliveries slow
Lawyer World News |
2019/04/02 16:16
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Tesla's CEO Elon Musk is back in the spotlight for saying something when perhaps he should have remained quiet.
A federal judge will hear oral arguments Thursday about whether Musk should be held in contempt of court for violating an agreement with the U.S. Securities and Exchange Commission.
The SEC says Musk blatantly violated the settlement in February when he tweeted about Tesla's vehicle production without a lawyer's approval.
It's unclear if Musk plans to attend the hearing. If he is found in contempt of court, Musk could face fines or even jail time.
Musk's 13-word tweet on Feb. 19 said Tesla would produce around 500,000 vehicles this year. But the tweet wasn't approved by Tesla's "disclosure counsel," and when the contempt-of-court motion was filed in February Musk had not sought a lawyer's approval for a single tweet, the SEC said.
Musk said his tweet about car production didn't need pre-approval because it wasn't new information that would be meaningful to investors. His attorneys say the SEC is violating his First Amendment rights to free speech.
The SEC says the arrangement doesn't restrict Musk's freedom of speech because as long as his statements are not false or misleading, they would be approved.
Meanwhile, Tesla's shares fell 8% in midday trading Thursday after the company said it churned out 77,100 vehicles in the first quarter, well behind the pace it must sustain to fulfill Musk's pledge to manufacture 500,000 cars annually. |
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Group takes oil refinery fight to North Dakota's high court
Lawyer World News |
2019/03/25 12:30
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An environmental group is taking its battle against an oil refinery being developed near Theodore Roosevelt National Park to the North Dakota Supreme Court.
The National Parks Conservation Association argued in its Wednesday filing that an air quality permit issued by the state Health Department for the $800 million Davis Refinery and upheld by a state judge violates the federal Clean Air Act.
The Health Department after a two-year review determined the refinery will not be a major source of pollution that will negatively impact the park just 3 miles (5 kilometers) away. The permit the agency issued in June 2018 cleared the way for construction to begin. Meridian Energy Group began site work last summer and plans to resume construction this spring with a goal of having the refinery fully operational by mid-2021.
State District Judge Dann Greenwood ruled in January that the Health Department had effectively supported its position. Greenwood refused to declare the permit invalid and send the case back to the agency for a more rigorous review. The NPCA wants the Supreme Court to overrule him.
"Although the underlying permit contains a requirement for the Davis Refinery to keep monthly logs of its actual emissions ... the permit contains no requirement that the Davis Refinery install monitors to actually collect this data," association attorney Derrick Braaten said.
The group fears that pollution from the refinery will mar the park's scenery and erode air quality for wildlife and visitors. The park is North Dakota's top tourist attraction, drawing more than 700,000 people annually.
"With the decision to appeal, NPCA is fighting to protect the park that has inspired generations of conservationists," Stephanie Kodish, clean air program director for the association, said in a statement.
Roosevelt ranched in the region in the 1880s and is still revered by many for his advocacy of land and wildlife conservation.
Meridian maintains the facility will be "the cleanest refinery on the planet" thanks to modern technology and will be a model for future refineries. The company in a statement Wednesday said it does not comment on pending litigation.
State Air Quality Director Terry O'Clair said he had not had a chance to review the appeal but that "we're confident in the permit that was issued."
Meridian in late January obtained a needed state water permit . It still faces a separate state court battle related to the refinery's location. Two other environmental groups are challenging a decision by North Dakota regulators who concluded they were barred by state law from wading into the dispute over the site. |
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Supreme Court tosses $315 million award in USS Cole lawsuit
Lawyer World News |
2019/03/22 12:33
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The Supreme Court on Tuesday threw out a nearly $315 million judgment against Sudan stemming from the USS Cole bombing, saying Sudan hadn't properly been notified of the lawsuit.
The justices ruled 8-1 that notice of the lawsuit should have been mailed to Sudan's foreign ministry in the country's capital, Khartoum. The notice was instead mailed to Sudan's embassy in Washington.
The lawsuit in which the justices ruled involves sailors who were injured in the 2000 bombing of the Cole in Yemen. Sailors and their spouses sued Sudan in a U.S. court, arguing that Sudan had provided support to al-Qaida, which claimed responsibility for the Cole attack. Seventeen sailors died when the ship was struck by a bomb-laden boat. Dozens of others were injured.
In order to alert Sudan to the lawsuit, the group mailed the required notice to Sudan's embassy in Washington. Sudan didn't initially respond to the lawsuit in court, and a judge entered an approximately $315 million judgment against the country. Sudan then tried to get the judgment thrown out.
Sudan and the sailors who were suing disagreed about the requirements of a 1976 law, the Foreign Sovereign Immunities Act. The statute lays out how to properly notify another country of a lawsuit filed in a U.S. court. If other agreements between the countries don't exist, the law says that notice should be "addressed and dispatched ... to the head of the ministry of foreign affairs of the foreign state concerned."
Lawyers for Sudan and for the U.S. government had argued that the best reading of that phrase is that it requires the notice to be sent to the foreign minister in the foreign country. The Supreme Court agreed. |
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DC-area sniper shootings case to have Supreme Court hearing
Lawyer World News |
2019/03/19 12:15
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The Supreme Court on Monday agreed to consider Virginia’s plea to reinstate the life-without-parole sentence of a man who as a teenager participated in sniper shootings that terrorized the Washington, D.C., region in 2002.
The justices said they will take up the state’s appeal in the case of Lee Boyd Malvo, who was 17 when he and John Allen Muhammad fatally shot 10 people in Maryland, Virginia and Washington. Malvo was sentenced to life-without-parole terms in Virginia and in Maryland. Muhammad, who was 41 at the time of the shootings, was sentenced to death and was executed in 2009.
Malvo was sentenced to four life terms for crimes he committed in Virginia. But the U.S. Court of Appeals for the 4th Circuit ruled last year that while Malvo’s life-without-parole sentences were legal when they were imposed, Supreme Court decisions that followed altered sentencing requirements for juvenile offenders.
The appeals court judges said a resentencing would determine whether Malvo qualifies as “one of the rare juvenile offenders” who can be sentenced to life without the possibility of parole because his “crimes reflect permanent incorrigibility.” They said if his crimes instead “reflect the transient immaturity of youth,” he is entitled to a sentence short of life without parole.
The Supreme Court will review that decision. As is typical, the justices did not make any comment in agreeing to hear the case, which will be argued in the fall.
Regardless of what the Supreme Court decides, it is unlikely that Malvo would get out of prison anytime soon. He isn’t currently getting a new sentencing hearing in Maryland, where he struck a plea deal and was sentenced to six life-without-parole prison terms for shootings that took place in that state.
A judge previously ruled that Malvo would not get new sentencing hearings in Maryland. Malvo, who has been serving his sentences at Red Onion State Prison in Pound, Virginia, has appealed. |
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