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Pierre contract dispute goes before high court
Headline News | 2011/04/29 14:22
The South Dakota Supreme Court has heard arguments in a dispute between Pierre and the union representing a majority of city workers.

The city a year ago imposed its final salary offer of a 1 percent raise for all employees and another 1 percent for eligible workers. A circuit court judge last fall ruled that the city was within its rights to do so. The International Union of Operating Engineers Local 49 appealed.

KCCR radio reports that union attorney Todd Love told Supreme Court justices Thursday that the city didn't follow proper procedure. The attorney for Pierre argued that the city dealt with the union in good faith and had no other alternative.

Justices will rule later. Meanwhile, the city and union will continue under terms of the 2009 contract.


Conn. high court hears death penalty appeal
Top Legal News | 2011/04/29 12:22
A lawyer told the state Supreme Court yesterday that his client’s death penalty case was the weakest one ever to go before the high court, alleging that the jury was biased and that key evidence was improperly withheld from the trial.

Justices heard the appeal of former Torrington resident Eduardo Santiago, 31, who prosecutors say agreed in 2000 to kill a West Hartford man in exchange for a pink-striped snowmobile with a broken clutch. He was sentenced to death by lethal injection in 2005 after a jury convicted him, despite no clear evidence that he was the one who pulled the rifle trigger.

Two other men are serving life prison sentences for the killing of Joseph Niwinski, 45, who was shot in the head while sleeping in his home.

Santiago’s lawyer, Assistant Public Defender Mark Rademacher, told the Supreme Court that there was no way a reasonable jury could have condemned Santiago. The defense presented 25 mitigating factors, including Santiago’s troubled childhood, for jurors to consider against the death penalty, while the state based its argument for execution on one aggravating factor, that Niwinski was killed in a murder-for-hire plot.




Kan. House debates forcing lawsuit over casino
Top Legal News | 2011/04/28 16:23
The Kansas House is debating whether it should force the attorney general to file a lawsuit over a proposed state-owned casino south of Wichita.

A resolution being discussed Thursday would require Attorney General Derek Schmidt to sue the state Racing and Gaming Commission's over its decision to allow a casino near Mulvane.

Iowa-based Peninsula Gaming plans to build a $260 million casino complex 18 miles south of Wichita.

Critics question whether the commission's decision in January was premature.

They cite misdemeanor campaign finance charges pending against the company and two top executives in Iowa. Company officials have said they're confident the case will be resolved in their favor, and they've started work on the casino.

Kansas law allows one legislative chamber to direct the attorney general to file a lawsuit.




Nebraska court rejects former candidate's lawsuit
Legal Watch | 2011/04/28 16:21
The Nebraska Supreme Court has rejected a former legislative candidate's defamation lawsuit against the state Republican Party over campaign flyers.

The Lincoln Journal Star says the court ruled Thursday that tone of the publications constitute opinion and is protected by the First Amendment.

Democrat Rex Moats, of Omaha, sued the GOP after losing in the November 2008 election, saying he was defamed by 11 campaign flyers. The flyers referenced Moats' work with a vehicle-repair insurance company that failed in 2003 and left about 500,000 people without coverage. In the mailings, the Nebraska GOP claimed Moats received a $50,000 trust fund from the insurance company and misled creditors and the public.

Moats' attorney didn't immediately comment on the ruling. Mark Fahleson of the GOP hailed the ruling, calling the lawsuit "frivolous."


Ex-Bush lawyer facing trial for attempted murder
Headline News | 2011/04/28 16:20

A former Bush administration official charged with trying to kill his wife at their Connecticut home is headed toward a trial after plea negotiations with prosecutors failed.

The Connecticut Post reports the attempted murder case of John Michael Farren was put on the trial list at Stamford Superior Court on Thursday during a brief hearing. A date for jury selection wasn't set.

The 58-year-old Farren was deputy White House counsel during President George W. Bush's second term. He also served as undersecretary for international trade under Bush's father, President George H.W. Bush.

Farren has pleaded not guilty. He is accused of beating his wife with a flashlight and choking her at their New Canaan home after she served him with divorce papers. He's free on bail but under house arrest.



China rights lawyer resurfaces after detention
Court Center | 2011/04/27 16:20

China has released a crusading rights lawyer who was detained more than two months ago in a massive security crackdown aimed at preventing any Middle East-inspired unrest.

Teng Biao returned home Friday afternoon but it was not convenient for him to speak with the media, his wife Wang Ling said. She declined to comment on his physical or mental well-being.

Other lawyers and activists released after similar detentions have also declined to speak to the media, perhaps as a condition of their release.

China Human Rights Defenders, a Hong Kong rights advocacy group, said earlier that Teng disappeared Feb. 19 and that officers searched his home and seized two computers, a printer, articles, books, DVDs and photos of another rights lawyer, Chen Guangcheng.

A law professor at the China University of Political Science and Law in Beijing, Teng was among dozens of well-known lawyers and activists across China who have vanished, been interrogated or criminally detained for subversion as China's authoritarian government, apparently unnerved by events in the Middle East and North Africa, has moved to squelch dissent.



Court hears arguments in Microsoft patent case
Legal Watch | 2011/04/19 16:04
The Supreme Court on Monday heard arguments from Microsoft Corp. asking it to overturn a $290 million patent infringement judgment against the world's largest software maker, a ruling that could have a profound effect on how corporations protect and profit from their future inventions.

An eight-justice court on Monday heard arguments from the Redmond, Washington-based Microsoft, which wants the multimillion dollar judgment against it erased because it claims a judge used the wrong standard.

Business groups are closely watching this case. The U.S. government made more than $64 billion off of international licensing and royalties from patents in 2009, with an expected growth rate of 15 percent a year. A ruling for Microsoft could make companies less likely to invest in new inventions, but a ruling for i4i, the company which brought the lawsuit against Microsoft, could make it harder for large corporations to fight off such challenges.

The cost of fighting off a patent lawsuit could be as much as $4 million per defendant, companies say.


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