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Washington high court to hear charter school case
Court Watch | 2014/08/19 15:09

The Washington Supreme Court has agreed to consider whether the state's voter-approved charter school law violates the state constitution.

Oral arguments concerning the lawsuit brought by charter school opponents have been scheduled for the afternoon of Oct. 28.

A King County Superior Court judge found in December that parts of the new law are unconstitutional. Judge Jean Rietschel's decision focused on whether certain taxpayer dollars can be used to pay for the operation of charter schools.

Both sides asked the Supreme Court to skip the appeals court process and directly review the case.

Attorney Paul Lawrence says the briefs to the court and the oral arguments will focus on that part of the lawsuit.

The state's charter school system was approved by voters in 2012.


Court: Caregivers can't sue Alzheimer's patients
Court Watch | 2014/08/06 11:14
People with Alzheimer's disease are not liable for injuries they may cause their paid in-home caregivers, California's highest court ruled Monday in a case involving a home health aide who was hurt while trying to restrain a client.

The California Supreme Court ruled 5-2 that people hired to work with Alzheimer's patients should know the disease commonly causes physical aggression and agitation in its later stages. The court majority concluded it would therefore be inappropriate to allow caregivers who get hurt managing a combative client to sue their employers.

"It is a settled principle that those hired to manage a hazardous condition may not sue their clients for injuries caused by the very risks they were retained to confront," Justice Carole Corrigan wrote for the majority.

The law in California and many other states already establishes that caregivers in institutional settings such as hospitals and nursing homes may not seek damages from Alzheimer's patients who injure them. To have a different standard for caregivers working in private homes would give families a financial incentive to put relatives with Alzheimer's into nursing homes, Corrigan said.


EU court nixes government bulk data collection
Court Watch | 2014/04/08 12:30
The European Union's top court says key legislation allowing governments to collect data on citizens' communications for law-enforcement purposes is invalid.

The European Court of Justice in Luxembourg on Tuesday ruled the so-called data retention directive is too far-reaching and offers too few safeguards to protect people's right to privacy, creating an impression that "private lives are the subject of constant surveillance."

The legislation allows the storage of phone calls or online communication records for at least six months to help prevent serious crimes such as terrorism. The data typically reveal who was involved in the communication, when and how often, but not its content.

The court says the 2006 legislation represents a "particularly serious interference with fundamental rights."


Court: Tenn. Must Recognize 3 Same-Sex Marriages
Court Watch | 2014/03/17 15:06
A federal judge ordered the state of Tennessee on Friday to recognize the marriages of three same-sex couples while their lawsuit against the state works its way through the court system.

U.S. District Judge Aleta Trauger issued the preliminary injunction barring the state from enforcing laws prohibiting recognition of their marriages.

In her written memorandum, Trauger makes clear that her order is only temporary and only applies to the three same-sex couples. A preliminary injunction can only be granted in cases the judge believes the plaintiff will likely win.

"It's the first nail in the coffin of discriminating against same-sex married couples in Tennessee," said Abby Rubenfeld, one of the attorneys for the same-sex couples. "Every single court that has considered these same issues has ruled the same way."

A spokesman for Tennessee Gov. Bill Haslam said in an email that Trauger's decision is still being reviewed by officials.

"The governor is disappointed that the court has stepped in when Tennesseans have voted clearly on this issue," David Smith said. "Beyond that it's inappropriate to comment due to the continuing litigation."

In Tennessee, marriage between partners of the same gender is prohibited by state law and by a constitutional amendment approved in 2006.


Moscow court sends 7 to prison for protest rally
Court Watch | 2014/02/24 15:53
A Russian court handed down prison sentences Monday of up to four years for seven people who took part in a 2012 protest against Vladimir Putin. An eighth defendant received a suspended sentence.

Hundreds of their supporters gathered outside the courthouse to condemn the trial and the Kremlin's crackdown on opposition. Police detained about 200 of them, accusing them of violating public order.

Among those detained were members of the punk band Pussy Riot who had spent nearly two years in prison as punishment for their own anti-Putin protest.

The defendants sentenced Monday were among 28 people rounded up after the May 6, 2012, protest on the eve of Putin's inauguration for a third presidential term. The rally turned violent after police restricted access to Bolotnaya Square, across the river from the Kremlin, where the protesters had permission to gather.

The eight defendants were found guilty last week, but sentencing was postponed until Monday. All have been in custody for nearly two years except for Anastasia Dukhanina, 20, who was under house arrest. She was given a suspended sentence.


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