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Supreme Court upholds hospital 'charity care' tax exemption
Legal News | 2018/09/23 22:57
The Illinois Supreme Court has upheld a 2012 law that sought to clarify property tax exemptions for charitable hospitals.

The court voted 7-0 in an opinion issued Thursday. It ruled on a law that allows issuing tax exemptions to hospitals when the value of the "charity care" or "free or discounted services" they provide exceed its estimated tax liability.

Constance Oswald argued in her lawsuit that the law requires issuing an exemption regardless of whether the constitutional requirements are met. The court found that the language of the law merely allows allowing an exemption in warranted cases.

Illinois Health and Hospital Association spokesman Danny Chun says the law has cleared up previous confusion and ensured financially stretched hospitals can serve their communities.


Trump picks combat over caution in court fight
Legal Interview | 2018/09/23 05:58
White House aides and congressional allies worked all week to keep President Donald Trump from unloading on the woman who has accused Supreme Court nominee Brett Kavanaugh of sexual misconduct.

But as Kavanaugh's nomination hung in the balance, Trump couldn't contain his frustration any longer and unleashed a direct Twitter attack on the credibility of Christine Blasey Ford, who says Kavanaugh sexually assaulted her decades ago during a high school party.

Friday's tweet landed with a splat in the noxious brew of gender and politics that has taken over a high-stakes confirmation battle playing out against the backdrop of the #MeToo movement. In keeping with Trump's natural instinct to fight back when under attack, as well as his long pattern of defending powerful men against the claims of women, the president's tweet reflected growing anger over all the focus on Ford's accusation.

Trump initially believed he could support his nominee without wading into the specific allegations against Kavanaugh since they did not involve him. But that began to change as Trump watched ongoing coverage of the accusations, particularly on Air Force One TVs tuned into Fox News on his long flight Thursday from Washington to Las Vegas, according to a White House official and a Republican close to the White House. Both spoke on condition of anonymity because they were not authorized to discuss private conversations.


Idaho high court considers defamation lawsuit
Top Legal News | 2018/09/21 05:58
The Idaho Supreme Court heard arguments Friday in a case that could determine whether individuals have the right to sue if they think a journalist implied — but didn't outright say — something defamatory.

The issue arose in a lawsuit brought last year by former teacher James Verity against USA Today and television stations in Idaho and Oregon after they reported on the results of a national investigation into teacher licensing. The investigation found that teachers who had a license revoked in one state were often able to move to another state to be licensed there.

Verity lost his Oregon teaching license after he was disciplined for having inappropriate sexual contact with an 18-year-old student. He was later was granted an Idaho teaching license.

Verity says the news coverage wrongly implied that he was danger to female students, that he misled Idaho officials and that he committed a crime by having sex with a student. The news organizations say their reporting was accurate.


Missouri court lets redistricting initiative go to voters
Attorneys News | 2018/09/19 09:59
could shake up of the state Legislature by requiring districts to be drawn to achieve "partisan fairness" and imposing new lobbying limits.

The ruling overturned a decision issued a week ago by a state judge who said the so-called Clean Missouri initiative violated the state constitution by addressing multiple topics.

The Western District appeals panel disagreed, ruling that the "multiple provisions all relate to a single central purpose: regulating the legislature to limit the influence of partisan or other special interests."

Republican-aligned attorneys for those opposing the measure said they would appeal to the state Supreme Court. But time is running short. Missouri law sets a Tuesday deadline to make changes to the Nov. 6. ballot. The state's high court previously turned down a chance to hear the case in place of the appeals panel.

As it stands, the measure would appear on the ballot as Constitutional Amendment 1.

"We hope this brings an end to it and that the people can vote in November on whether they want to adopt these changes," said attorney Chuck Hatfield, who represents Clean Missouri.

The initiative has been opposed in court by the president of the Missouri Chamber of Commerce and Industry and a Republican voter who was represented by the law firm of Missouri Republican Party Chairman Todd Graves.




South African court says marijuana use in private is legal
Top Legal News | 2018/09/18 19:35
South Africa's top court says adults can use marijuana in private.

The Constitutional Court on Tuesday upheld a provincial court's ruling in a case involving Gareth Prince, who advocates the decriminalization of the drug.

Prince says cannabis should be regulated in the same way as alcohol and tobacco. Government authorities have said cannabis is harmful and should be illegal.

The top court says an adult can cultivate cannabis in "a private place" as long as it is for personal consumption in private. It says the right to privacy "extends beyond the boundaries of a home."

The court says it would be up to a police officer to decide if the amount of marijuana in someone's possession is for dealing or personal consumption.



Spain rejects extraditing HSBC whistleblower to Switzerland
Headline News | 2018/09/18 19:35
A Spanish court on Tuesday rejected a request to extradite a former HSBC employee to serve a five-year prison sentence in Switzerland, where he was convicted for leaking a massive trove of bank data that led to tax evasion probes worldwide.

The ruling was the second time Spain's National Court refused to extradite Herve Falciani, a French-Italian computer expert who in 2008 disclosed tens of thousands of records of HSBC customers who allegedly used the bank's Swiss branch to avoid taxes. He was convicted in absentia of breaching financial secrecy laws in Switzerland in 2015.

A panel of three National Court judges ruled Tuesday that Falciani had already been cleared from extradition in 2013, when the same court ruled that "aggravated economic espionage" is not a crime in Spain.

The judges also say that Falciani didn't reveal any secrets because he only shared them with authorities who initiated investigations in dozens of countries, including in Spain.

Falciani, 46, was first arrested in Spain in 2012. He spent 170 days in prison before he was released. He was arrested again in Madrid in April, in a renewed effort by Swiss authorities to make him serve his prison time.

Falciani said he believed Spain's previous conservative administration arrested him in order to use him as "a bargaining chip" in requests to extradite pro-independence Catalan politicians in Switzerland.

In an interview with The Associated Press last week, he said the only explanation of why he was arrested again this year after a lull in his case was political.


Juvenile waived to adult court in Indy doctor's slaying
Legal News | 2018/09/16 07:33
A juvenile has been waived to adult court to face charges in the fatal shooting of an Indiana University doctor and educator last year.

Online court records say 16-year-old Tarius Blade faces three felony burglary charges in the Nov. 20, 2017, slaying of Dr. Kevin Rodgers.

Blade was arrested in December along with Ka'Ron Bickham-Hurst, then 18. Court records show Bickham-Hurst has agreed to plead guilty to three burglary charges.

Two other men were arrested last month. Eighteen-year-old Nehemiah Merriweather was charged with felony murder and two counts of burglary and 17-year-old Devon Seats was charged with murder, felony murder and two counts of burglary.

The 61-year-old Rodgers was the program director emeritus of the emergency medicine residency at the Indiana University School of Medicine.



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