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Court: State can’t order unions, companies to reach binding contracts
Court News | 2015/05/18 17:06
A California appeals court sided with one of the largest fruit farms in the nation, ruling that a law allowing the state to order unions and farming companies to reach binding contracts was unconstitutional.

Labor activists say the mandatory mediation and conciliation law is a key to helping farm workers improve working conditions.

However, the 5th District Court of Appeal said Thursday it does not clearly state the standards that the contracts are supposed to achieve.

The ruling came in a fight between Gerawan Farming and the United Farm Workers, the union launched by Cesar Chavez. The union won the right to represent Gerawan workers in 1992, but the two sides did not agree to a contract.

At the union’s request, the state Agricultural Labor Relations Board in 2013 ordered Gerawan and the UFW to enter into binding mediation. The two sides couldn’t come to an agreement so a deal was crafted by the mediator and adopted by the labor relations board, the appeals court said. Gerawan objected to the terms.


Supreme Court rejects North Carolina appeal on election law
Court News | 2015/04/07 13:48
The Supreme Court has passed up an early chance to review a contested North Carolina election law that opponents say limits the ability of African-Americans to cast ballots.

The high court intervened in October to order that the law remain in effect for the fall elections after a lower court ruling blocking part of the law.

But the justices on Monday wiped away their earlier order by rejecting the state's appeal of that lower court ruling. The federal appeals court in Richmond, Virginia had blocked a part of the law that eliminated same-day registration during early voting in North Carolina.

A trial is set for July in the lawsuit filed by civil rights groups, and the issue of voting restrictions could return to the Supreme Court before the 2016 elections.

North Carolina is among several Republican-led states that have passed election laws imposing photo identification requirements and reducing the number of days set aside for early voting, among other provisions. Officials have said the measures are needed to prevent voter fraud. But critics have called the laws thinly veiled efforts to make it harder for Democratic-leaning minorities to vote.


Court upholds death sentence for Pakistan governor's killer
Court News | 2015/03/12 12:13
A Pakistani court has upheld the death sentence of a man convicted of killing a provincial governor he had accused of blasphemy.

But the two-judge panel in Islamabad on Monday threw out the terrorism charges against him.

Mumtaz Qadri, a former police commando, was supposed to be protecting Gov. Salman Taseer in 2011 when he shot and killed him. Qadri's defense was that Taseer opposed Pakistan's so-called "blasphemy laws."

Qadri was convicted and sentenced in 2011.

It is unclear whether Qadri will be put to death as Pakistan has thousands of people on death row but also has a moratorium on carrying out executions. Prime Minister Nawaz Sharif partially lifted the moratorium in December, allowing it to be used in terrorism-related cases.


Court: Not disclosing HIV before sex is a misdemeanor
Court News | 2015/02/25 11:41
An HIV-positive man who told a partner that they could safely have unprotected sex should face a misdemeanor reckless endangerment charge, not a felony, New York's highest court ruled Thursday.

The Court of Appeals said Terrance Williams didn't expose his partner "out of any malevolent desire" to give him the virus that causes AIDS, though he lied about having the infection and his partner did get sick. The court said the Syracuse man didn't show "depraved indifference," which is necessary to support the felony charge.

The judges declined to decide whether HIV infection no longer "creates a grave and unjustifiable risk of death" because of advances in medical treatment. Two lower courts had reached that conclusion while knocking down the felony indictment to the lesser charge.

The felony could have sent Williams to prison for seven years. He still faces the misdemeanor and a possible year in jail if convicted.


New Mexico appeals court hears assisted suicide case
Court News | 2015/01/30 13:15
Do terminally ill patients in New Mexico already have the right to end their lives?
That's what the New Mexico Court of Appeals is set to decide after hearing arguments Monday from the state and lawyers for a terminally ill woman.

The Santa Fe woman, who has advanced uterine cancer, is asking the courts to clarify New Mexico's laws putting doctors in legal trouble and preventing her from ending her life.

Last year, Second Judicial District Judge Nan Nash ruled the New Mexico Constitution prohibits the state from depriving a person of life, liberty or property without due process.

In addition, Nash found doctors could not be prosecuted under the state's assisted suicide law, which classifies helping with suicide as a fourth-degree felony.

Two doctors and Aja Riggs, the Santa Fe woman, asked the judge to determine that physicians would not be breaking the law if they wrote prescriptions for competent, terminally ill patients who wanted to end their lives.

Riggs and doctors Katherine Morris and Aroop Mangalik filed their lawsuit in 2012.

The New Mexico Attorney General's Office appealed Nash's ruling.

Scott Fuqua, director of the office's litigation division, told the court the state had no reason to keep terminally ill patients alive, but the law didn't allow doctors to prescribe medications to end patients' lives.


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