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High Court Refuses to Block Oregon Gay Marriage
Headline Legal News |
2014/06/06 15:49
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The U.S. Supreme Court on Wednesday refused to halt same-sex weddings in Oregon while a federal appeals court considers whether a group opposed to gay marriage can intervene in the case.
The order follows an emergency appeal by the National Organization for Marriage, which seeks to overturn U.S. District Judge Michael McShane's May 19 ruling that declared Oregon's same-sex marriage ban unconstitutional. The group had unsuccessfully tried to intervene in the lower court proceeding after Oregon Attorney General Ellen Rosenblum declined to defend the same-sex ban.
The group filed its request with Justice Anthony Kennedy and he referred it to the full court. The justices denied it without comment.
Hundreds of same-sex couples have obtained marriage licenses since McShane's order, including 245 in Multnomah County, the state's largest.
The Oregon case differs from others where the Supreme Court or federal appeals judges have temporarily blocked lower-court rulings, halting same-sex unions while appeals proceed.
In Oregon, the appeal is focused on whether an outside group can intervene in the case, not on the constitutionality of the same-sex marriage ban, so it raises a different set of legal questions.
Lawyers for the attorney general's office have said they won't appeal McShane's ruling and are fighting the National Organization for Marriage's appeal in the 9th U.S. Circuit Court of Appeals.
Rosenblum, the attorney general, said there were no legal arguments she could offer in defense of the marriage ban that would be consistent with decisions last year by the U.S. Supreme Court and with state laws. |
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Federal court upholds California water transfer
Headline Legal News |
2014/05/20 12:56
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A federal appeals court says environmental reviews were properly done on the nation's largest farm-to-city water transfer, the latest ruling to uphold a 2003 agreement on how California agencies divide that state's share of Colorado River water.
A three- judge panel of the 9th U.S. Circuit Court of Appeals ruled Monday that federal authorities properly considered how the transfer from Imperial County to San Diego would affect the Salton Sea, California's largest lake. The shrinking lake relies on water runoff from Imperial Valley farms.
The ruling upholds a decision by U.S. District Judge Anthony Battaglia in San Diego. Imperial County and the Imperial County Air Pollution Control sued in 2009, alleging violations of the National Environmental Policy Act. |
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Court: Ohio overcharged employers for years
Headline Legal News |
2014/05/16 15:49
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The director of the state insurance fund for injured workers said Friday that he's disappointed with an unusually pointed appeals court decision that says the fund overcharged employers by hundreds of millions of dollars.
Steve Buehrer, Ohio Bureau of Workers' Compensation administrator and CEO, said the agency is considering its options.
Buehrer said he's pleased the court recognized that many businesses benefited from a program that put companies in group rating plans. But the court also said the plans resulted in nearly 300,000 companies being overcharged.
The 8th Ohio District Court of Appeals on Thursday said the plans amounted to an illegal rating system that resulted in employers being overcharged nearly $860 million over several years. It said the agency set up a system of winners and losers by giving discounted premiums to companies that joined group insurance plans and charging companies outside of the plans excessive rates to pay for the discounts.
"Reduced to its essence, this appeal is about a cabal of Ohio Bureau of Workers' Compensation bureaucrats and lobbyists for group sponsors who rigged workers' compensation insurance premium rates so that for employers who participated in the BWC's group rating plan, it was 'heads we win,' and for employers who did not participate in the group rating plan, it was 'tails you lose,'" the court said.
The court's unanimous ruling affects about 270,000 mostly small-business owners who paid non-group premiums from July 2001 to June 2009. Many are unaware they are covered by the class-action lawsuit that lead to the ruling. |
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Court orders Turkey to pay Cyprus over invasion
Headline Legal News |
2014/05/13 14:21
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Europe's top human rights court on Monday ordered Turkey to pay 90 million euros ($123 million) to Cyprus over the 1974 invasion of the island and its subsequent division, in one of the largest judgments in its history. The decision from the European Court of Human Rights said the passage of time did not erase responsibility in the case, ruling that Turkey must pay 30 million euros in damages to relatives of those missing in the operations and 60 million euros in damages for "the enclaved Greek-Cypriot residents of the Karpas peninsula." Cyprus has been divided since Turkey invaded after a coup by supporters of union with Greece. Only Turkey recognizes the breakaway Turkish Cypriot state that was proclaimed in the north of the island. The judgment comes as the Turkish and Greek Cypriot communities are engaged in a new effort to reunite the island. The court said it would be up to the government of Cyprus to determine how to award the damages. |
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Oklahoma court agrees to 6-month stay of execution
Headline Legal News |
2014/05/09 13:33
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The Oklahoma Court of Criminal Appeals agreed Thursday to a six-month stay of execution for a death row inmate while an investigation is conducted into last week's botched lethal injection.
The court reset the execution date of inmate Charles Warner to Nov. 13. Warner's attorneys requested the 180-day delay, and the state Attorney General Scott Pruitt said Thursday in a court filing he wouldn't object.
While the stay only applies to Warner, Pruitt and Gov. Mary Fallin have said the state will not carry out any executions until the investigation is complete, which is expected to take at least eight weeks.
"If the state is allowed to enforce the ultimate penalty of death, it is incumbent upon this court to allow the state the time necessary to ensure that the penalty is carried out in a constitutionally sound manner," Justice Charles Johnson wrote in a specially concurring opinion.
Warner was scheduled for execution on the same night last week as Clayton Lockett in what would have been the state's first double execution since 1937. But Lockett's vein collapsed during his lethal injection, prompting prison officials to halt the execution. He later died of a heart attack.
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Investment Fraud Litigation |
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Securities fraud, also known as stock fraud and investment fraud, is a practice that induces investors to make purchase or sale decisions on the basis of false information, frequently resulting in losses, in violation of the securities laws. Securities Arbitration. Generally speaking, securities fraud consists of deceptive practices in the stock and commodity markets, and occurs when investors are enticed to part with their money based on untrue statements.
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