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Ill. Supreme Court ends challenge to abortion law
Court Watch | 2013/07/12 09:37
The Illinois Supreme Court ended a lengthy and emotionally charged legal appeal over an abortion notification law Thursday, clearing the way for the state to begin enforcing a 1995 measure that requires doctors to notify a girl's parents 48 hours before the procedure.

The court ruled unanimously to uphold a circuit court's earlier dismissal of a challenge to the law that was filed by a Granite City women's health clinic and a doctor at the University of Illinois at Chicago.

After court battles that lasted nearly two decades, Illinois now joins 38 other states in requiring some level of parental notification. The law goes into effect in 35 days unless it's appealed to the U.S. Supreme Court, which has found such laws to be constitutional elsewhere.

Opponents of the notification law had argued that it violated privacy and gender equality rights because young women should be able to make their own decisions about their bodies and pregnancies. Supporters of the law, which was defended by the Illinois Attorney General's office, argued that parents would be deprived of basic rights if they were not notified of a daughter's decision to have an abortion.

Anti-abortion activists have long said Illinois was a haven for teens from states with stricter laws on the books seeking abortions.



Appeals court to hear dispute over BP settlement
Court Watch | 2013/07/07 00:27
A federal appeals court is wading into a high-stakes dispute over the terms of a multibillion-dollar settlement of claims arising from BP's massive 2010 oil spill in the Gulf of Mexico.

A three-judge panel of the 5th U.S. Circuit Court of Appeals is scheduled to hear arguments Monday by attorneys for the London-based oil giant and for Gulf Coast businesses that say the nation's worst offshore oil spill cost them money.

BP asserts that the judge who approved the deal and a court-appointed claims administrator have misinterpreted the settlement, allowing thousands of businesses to secure hundreds of millions of dollars in payments for inflated and fictitious losses.

"The result is that thousands of claimants that suffered no losses are coming forward in ever-increasing numbers, seeking and obtaining outrageous windfalls and making a mockery of what was intended to be a fair and honest court-supervised settlement process," company attorneys wrote in their brief for the hearing.



Court hears arguments on NYC's big soda ban
Court Watch | 2013/06/13 22:38
A state appeals court panel had few sweet words Tuesday for a city health regulation that would fight diabetes and obesity by setting a size limit on sugary beverages sold in restaurants.

The four justices peppered a city lawyer with tough questions during a Manhattan court session aimed at determining whether health officials exceeded their authority in placing a 16-ounce limit on most sweetened beverages at city-licensed eateries.

The regulation would apply to thousands of fast food joints, fine restaurants and sports stadiums, but not to supermarkets or most convenience stores. It was struck down in March by a lower-court judge, who found that the rules had too many loopholes that would undermine the health benefits while arbitrarily applying to some businesses but not others. The city appealed.

During oral arguments in the case Tuesday, the judges repeatedly challenged city attorney Fay Ng to defend the rule's scientific and legal underpinnings.


Court OKs Class-action Suit Over Apartment Leases
Court Watch | 2013/06/05 08:55
An appeals court has certified a class-action lawsuit that seeks to invalidate provisions that are routinely included in apartment leases signed by University of Iowa students.

The Iowa Court of Appeals ruled Thursday that tenants of landlord Tracy Barkalow can have a trial to challenge lease provisions that critics say are illegal and unfairly shift costs and liability from landlords to tenants.

The provisions being challenged include fees that are deducted from security deposits for cleaning regardless of an apartment's condition and requirements that tenants pay for damage in common areas and routine repairs.

The Iowa City Tenants Project, which is representing the plaintiffs, has said the class could include 240 tenants but the case will have a broader reach since those provisions are the ``industry standard.''




WikiLeaks case file fight moves to federal court
Court Watch | 2013/05/24 09:10
The WikiLeaks organization and a handful of journalists asked a federal judge Wednesday to order greater transparency in the court-martial of an Army private who has acknowledged sending reams of classified document to the WikiLeaks website.

The Center for Constitutional Rights, representing WikiLeaks and its founder Julian Assange, filed the petition in U.S. District Court in Baltimore. It seeks an order requiring public access to all documents in the court-martial of Pfc. Bradley Manning.

It also seeks to have the lawyers and military judge "reconstitute" in open court certain conferences they have held out of public view.

Shaunteh Kelly, a spokeswoman for the Military District of Washington, where Manning is being court-martialed, said the Army has a policy of not commenting on pending litigation.

Manning's 3-year-old espionage case is headed for trial next month at Fort Meade, near Baltimore. Many records of the pretrial proceedings remain secret because the military contends the First Amendment doesn't require it to provide prompt public access to court-martial documents.

Unlike civilian courts, where case files are readily available for public inspection in a clerk's office, there is no central repository for court-martial records. The military initially required reporters covering the Manning case to file federal Freedom of Information Act requests for documents, including the military judge's rulings. In February, it began releasing redacted versions of some court-martial records on a public website. In April, the judge, Army Col. Denise Lind, started releasing some of her written rulings to reporters the same day.

Still, the petition says, the public is being denied its First Amendment right to scrutinize the Manning case as it proceeds.



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