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Iowa high court reinstates major pollution lawsuit
Headline News |
2014/06/16 14:47
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In a major environmental case, the Iowa Supreme Court ruled Friday that residents can bring a nuisance lawsuit against a Muscatine manufacturer accused of routinely blanketing their properties with soot and chemicals. The court reinstated the class-action lawsuit against Grain Processing Corp., which operates a plant that turns corn kernels into products ranging from corn syrup to ethyl alcohol. The plaintiffs' claims of nuisance, negligence and trespass are not barred by the federal Clean Air Act or state rules governing air emissions, Justice Brent Appel wrote in a 6-0 decision that was applauded by environmentalists but criticized by business interests. A regional economic force, the company buys $400 million in corn from farmers annually and is one of the area's largest employers. But Muscatine residents have complained for years that it spews harmful chemicals into the environment that get blown onto their homes, yards and cars. The lawsuit, filed on behalf of up to 17,000 residents who live within a 3-mile radius of the plant, contends the pollution undermines their ability to enjoy their property and causes metals in everything from swing sets to air conditioning systems to corrode. |
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Coast Guard cadet won't be court-martialed
Headline News |
2014/06/13 10:54
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A U.S. Coast Guard Academy cadet accused of entering a classmate's room and touching her leg will not face a court martial, the academy said Thursday.
Its superintendent agreed with the recommendations of an investigating officer that reasonable grounds did not exist to support the charge of abusive sexual contact against cadet Alexander Stevens. The superintendent, Rear Adm. Sandra Stosz, also agreed with a recommendation to impose nonjudicial punishment on Stevens for unlawfully entering a cadet barracks room while drunk and touching another cadet on the leg, Coast Guard officials said.
The academy did not disclose details of the punishment, citing Stevens' privacy rights. Nonjudicial punishment may include a reprimand, arrest in quarters for up to 30 days, pay forfeiture or expulsion from the academy.
"The academy has remained committed to providing all needed support to the victim, ensuring a full and fair proceeding in compliance with the Uniform Code of Military Justice and holding those who commit misconduct accountable for their actions," said Capt. James McCauley, the commandant of cadets.
In September, Stevens said, he went into the fellow cadet's room by mistake, believing it was his girlfriend's room, an investigator testified.
He was drunk at the time and made a mental mistake, Lt. John Cole, who represented Stevens, said during a pretrial investigation at the academy in April.
The classmate testified that a man entered her room in the middle of the night, touched her on her thigh and moved his hand up her leg before she screamed and kicked him. The cadet said she found it hard to sleep and concentrate after the encounter, and her grades suffered. |
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The California State Supreme Court rules on red light cameras
Headline News |
2014/06/10 12:13
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The California Supreme Court has ruled against a Southern California woman who challenged a traffic ticket based on red-light camera photos and video.
In a unanimous ruling on Thursday, the court said the red-light camera evidence against Carmen Goldsmith was adequately authenticated and there was no need to adopt stricter evidence rules for red-light camera violations.
Goldsmith was accused of running a red light in Inglewood in 2009 and fined $436. A police officer testified at her court hearing.
Goldsmith's lawyer had called for testimony from the camera's manufacturer. But the Supreme Court said the officer's testimony was sufficient.
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Court gives OJ lawyers a week to resubmit appeal
Headline News |
2014/06/03 12:03
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O.J. Simpson's lawyers were given another week Friday to reformat and resubmit an appeal to the Nevada Supreme Court seeking a new trial in the kidnapping and armed robbery case of the former football star.
In the order, Chief Justice Mark Gibbons agreed to accept a supersized 20,000-word document that Simpson's lawyers had submitted before a May 21 deadline if it complies with court formatting rules.
"Basically they want it to be double-spaced," court spokesman Michael Sommermeyer said.
The document hasn't been made public, and the seven justices haven't decided whether to rehear oral arguments in case. The court rejected an initial appeal by Simpson in September 2010.
Simpson attorney Patricia Palm said she was glad the justices agreed to accept the 19,933 words she submitted nine days ago. The new deadline is June 6.
Palm noted the court frequently accepts briefs longer than its 14,000-word limit in complex cases.
Palm and Simpson appeal lawyers Ozzie Fumo and Tom Pitaro want the court to reconsider the contention that Simpson got bad legal advice, that his trial lawyer had a conflict of interest, and that Simpson's 2008 Las Vegas trial was tainted by his notoriety. |
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Iran judge summons Facebook CEO to court
Headline News |
2014/05/27 13:57
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A judge in southern Iran has ordered Facebook founder and CEO Mark Zuckerberg to appear in court to answer complaints by individuals who say Facebook-owned applications Instagram and Whatsapp violate their privacy, semiofficial news agency ISNA reported Tuesday.
It quoted Ruhollah Momen Nasab, an official with the paramilitary Basij force, as saying that the judge also ordered the two apps blocked. It is highly unlikely that Zuckerberg would appear in an Iranian court since there is no extradition treaty between Iran and the United States. Some Iranian courts have in recent years issued similar rulings that could not be carried out.
Another Iranian court last week had ordered Instagram blocked over privacy concerns. However, users in the capital, Tehran, still could access both applications around noon Tuesday. In Iran, websites and Internet applications have sometimes been reported blocked but remained operational.
Facebook is already officially banned in the country, along with other social websites like Twitter and YouTube as well as their mobile apps. However some senior leaders like Foreign Minister Mohammad Javad Zarif are active on Twitter, and many Iranians use proxy servers to access banned websites and applications.
While top officials have unfettered access to social media, Iran's youth and technology-savvy citizens use proxy servers or other workarounds to bypass the controls.
The administration of moderate President Hassan Rouhani is opposed to blocking such websites before authorities create local alternatives. Social media has offered a new way for him and his administration to reach out to the West as it negotiates with world powers over the country's contested nuclear program.
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Justice Dept. to Reveal Drone Memo
Headline News |
2014/05/23 13:04
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On the eve of a critical Senate vote and under court order, the Obama administration signaled it will publicly reveal a secret memo describing its legal justification for using drones to kill U.S. citizens suspected of terrorism overseas.
Two administration officials told The Associated Press that the Justice Department has decided not to appeal a Court of Appeals ruling requiring disclosure of a redacted version of the memo under the Freedom of Information Act. The officials spoke on condition of anonymity because they were not authorized to speak publicly about the matter.
The decision to release the documents comes as the Senate is to vote Wednesday on advancing President Barack Obama's nomination of the memo's author, Harvard professor and former Justice Department official David Barron, to sit on the 1st U.S. Circuit Court of Appeals in Boston. Sen. Rand Paul, R-Ky., had vowed to fight Barron's confirmation, and some Democratic senators were calling for the memo's public release before a final vote.
Wednesday's expected procedural vote would allow the Senate to move ahead with a final vote on Barron on Thursday. "I think we'll be OK," Senate Majority Leader Harry Reid, D-Nev., said earlier Tuesday.
Anwar al-Awlaki, an al-Qaida leader born in the United States, was killed after being targeted by a drone strike in Yemen in September 2011. Some legal scholars and human rights activists complained that it was illegal for the U.S. to kill American citizens away from the battlefield without a trial. |
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