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9th Circuit Halts Logging In Sierra Nevada Forest
Court News |
2008/05/15 07:39
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The 9th Circuit has blocked the government's plan to log parts of the Sierra Nevada forest, rejecting the U.S. Forest Service's argument that it needs to cut and sell large trees in order to raise money for forest-fire prevention.
Sierra Forest Legacy and the state of California appealed the denial of an injunction against the Forest Service to ban the cutting of larger trees, in which several wildlife species thrive. Environmentalists claimed that the agency's plan to sell off trees to cover the costs of fire prevention failed to comply with the National Environmental Policy Act.
The Forest Service shirked its duty to rigorously explore and objectively evaluate all reasonable alternatives to logging in the Basin, Empire and Slapjack sites of the Sierra Nevada forests, plaintiffs claimed.
In one sale, a fire hazard can be removed and the USFS paid so that it can remove the fuel of future fires, Judge Noonan wrote, acknowledging the seeming practicality of the plan. Two for one always has an attractive ring. But are there no alternative ways of getting money to do the clearing that is imperative? Obviously, there may be.
Noonan suggested that the mere existence of a lumber-for-funds plan indicates that Congress needs to step in and provide more funding for forest fire prevention. Plaintiffs suggested other alternatives, including reprioritizing other funding and altering the Forest Service's fuel treatment program.
So long as the alternatives remain unexamined, the agency's plan violates federal law, Noonan wrote.
The court stressed that it was not deciding the merits of the case, but ruling that the government's choice of funding for fire reduction does not outweigh the state's preservation interests.
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Supreme Court rules magistrates may preside
Court News |
2008/05/15 07:36
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pThe US Supreme Court ruled Monday in Gonzalez v. United States that allowing a magistrate judge to oversee jury selection does not deprive a criminal defendant of the right to a jury trial and complies with the Federal Magistrates Act. The holding affirmed a judgment of the US Court of Appeals for the Fifth Circuit that defendant's counsel may waive the right to have an Article III judge preside over voir dire, and that it was not error to proceed without first getting the defendant's personal consent. Justice Kennedy announced the judgment of the Court; his opinion was joined by Chief Justice Roberts and Justices Stevens, Souter, Ginsburg, Breyer, and Alito. Justice Scalia filed an opinion concurring in the judgment, and Justice Thomas wrote a dissent. /ppIn affirming the Fifth Circuit ruling, Justice Kennedy wrote: /ppNumerous choices affecting conduct of the trial, including the objections to make, the witnesses to call, and the arguments to advance, depend not only upon what is permissible under the rules of evidence and procedure but also upon tactical considerations of the moment and the larger strategic plan for the trial. These matters can be difficult to explain to a layperson; and to require in all instances that they be approved by the client could risk compromising the efficiencies and fairness that the trial process is designed to promote.
In a separate concurrence, Justice Scalia agreed with the conclusion but not with the reasoning upon which it was based. He wrote: /ppI would not adopt the tactical-vs.-fundamental approach, which is vague and derives from nothing more substantial than this Court’s say-so./ppIn his dissent, Justice Thomas advocated overruling the precedents for the decision and wrote:
Where, as here, a mistaken interpretation of a statute leaves the Court with no principled way to answer subsequent questions that arise under the statute, it seems to me that the better course is simply to acknowledge and correct the error.
/p |
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Widow Says Hamster Virus Killed Husband
Law Firm News |
2008/05/13 08:26
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A transplant recipient died of a virus he contracted from the donor, who got it from her pet hamster, the recipient's widow claims in Superior Court. Three other, similar claims have been filed, at least one of them alleging the organ recipient died from the hamster's virus.
Mary Petraszewski claims her husband, John, received a lung transplant at a Massachusetts hospital on April 10, 2005, and died of lymphocytic choriomeningitis virus (LCMV) 23 days later.
She claims the unnamed donor contracted the disease from her pet hamster, which she bought at Petsmart store in Warwick, R.I., which bought it from the defendant in this case, MidSouth Distributors of Ohio.
She claims that scientists determined that her husband died of LCMV that the donor got from her hamster.
Petraszewski claims it was practical and feasible for MidSouth to screen its rodents for LCMV, but Defendant completely failed to conduct such screening.
Petraszewski's complaint names three other organ recipients, all of whom, she says, have similar cases pending in this court. |
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Theft Of $1 Million In Comics Followed By Death Threat
Law Firm News |
2008/05/12 07:44
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A comic book auctioneer - Jay Parrino's The Mint - duped a collector for five comic books worth a total $1 million, and threatened to kill him if he took legal action about it, the collector claims in Jackson County Court.
Plaintiff Jaquiez Douglas claims he inherited the comic book collection of his late father, which included first editions from the 1930s in mint collection. Among them, he says, were Action Comic No. 1 of 1938, Detective Comic Nos. 1 and 27 of 1939, The Incredible Hulk No. 1 of 1962 and X-Men No. 1 of 1963.
Defendant Lee Parrino, of Lee's Summit, runs his store, Jay Parrino's The Mint, in Blue Springs, the complaint states.
Douglas claims Parrino offered to pay him top dollar for items from Douglas' collection, then after accepting delivery of 46 books, claimed the five books above were missing. But Douglas says Parrino is advertising for sale on its Web site Action Comic No. 1 and Detective Comic No. 1.
Douglas claims Parrino has all 46 comic books, and that When Douglas told Defendant Jay Parrino he would initiate legal action to recover the comic books, Defendant Jay Parrino threatened Douglas and said if Douglas tried 'to make trouble' then Defendant Jay Parrino 'would have [Douglas] knocked off.' (Bracketed word in brackets in complaint.)
Douglas says he and his attorneys have tried to get the police to intervene, but law enforcement personnel have indicated on each occasion that this is a civil matter and have refused to take action. |
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