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Court: LAPD can continue eased auto impound policy
Legal Line News | 2013/12/20 10:58
A California appeals court has issued a stay allowing a Los Angeles police policy that makes it easier for unlicensed drivers to keep their cars instead of having them impounded.

In August a lower court struck down the policy known as Special Order 7, saying it conflicted with the state's vehicle code.

But in October the appeals court issued a temporary stay allowing the policy to continue, and Wednesday extended that stay until a city appeal is resolved.

Special Order 7 allows some unlicensed drivers who are stopped to produce registration and proof of insurance to avoid having their cars impounded for 30 days.

The police union sued to nullify the policy, saying it left officers with conflicting orders.

LA'S city attorney and police chief issued statements lauding Wednesday's decision.



$15 SeaTac minimum wage challenged in court
Legal Line News | 2013/12/16 11:10
A King County Superior Court judge declined Friday to immediately rule on a challenge to the voter-approved $15 an hour minimum wage requirement for airport workers in Seattle-Tacoma International Airport.

Judge Andrea Darvas said she'll issue a ruling with reasoning after Christmas Day but before January 1. Parties in the case had been expecting a ruling Friday.

The measure is scheduled to go into effect on January 1.

Last month voters in the city of SeaTac narrowly approved the measure, which would require a $15 minimum wage, a handful of paid sick days and other standards to around 6,000 workers at the airport and related industries, like hotels and rental car companies.

However, the legal fight over the measure is not expected to end with Darvas' ruling. An eventual appeal to the state Supreme Court could come from either side, depending on her ruling.

The challenge to the newly approved measure is being led by Alaska Airlines Group and other businesses. They say that an initiative approved by city residents doesn't have power over the airport, which is operated by the Port of Seattle. The Port of Seattle, a public entity, agrees.

Alaska Airlines Group also says state law prohibits initiatives from packaging laws. So they're arguing that the multiple requirements in the measure, such as the minimum wage and paid sick days, constitute packaging multiple laws into one initiative.


Appeals court vacates ban on US horse slaughter
Legal News Feed | 2013/12/16 11:10
A federal appeals court on Friday removed a temporary ban on domestic horse slaughter, clearing the way for companies in New Mexico, Missouri and Iowa to open while an appeal of a lawsuit by animal protection groups proceeds.

The 10th U.S. Circuit Court of Appeals in Denver lifted the emergency injunction it issued in November after The Humane Society of the United States and others appealed the ruling of a federal judge in Albuquerque. The judge said the U.S. Department of Agriculture followed proper procedure in issuing permits to Valley Meat Co. in Roswell, N.M., Rains Natural Meats of Gallatin, Mo., and Responsible Transportation in Sigourney, Iowa.

The appeals court's order Friday said the groups had "failed to meet their burden for an injunction pending appeal."

Blair Dunn, an attorney for Valley Meat and Rains Natural Meats, said the order lifts the emergency status of the case, meaning it will likely be months before a final decision is issued.

Dunn said the plants are ready to open, although they could agree to remain shuttered if the plaintiffs agree to post a sufficient bond to cover the companies' losses should they ultimately prevail.


NY court: Reporter shielded in Colo. shooting case
Legal News Feed | 2013/12/12 13:31
A Fox News reporter is protected by New York law from being forced to reveal her sources for a story about the suspect in the mass shooting that left 12 people dead in a suburban Denver movie theater last year, the state's top court ruled Tuesday.

The state's shield law supports refusing to recognize a Colorado court's petition for a subpoena, the New York Court of Appeals ruled, 4 to 3.

Lawyers for the suspect, James Holmes, wanted New York-based reporter Jana Winter brought to Colorado to name two law officers who told her Holmes had mailed a notebook depicting violence to a psychiatrist. They argued that the sources violated a judge's gag order, may have lied under oath about that and won't be credible as trial witnesses.

"There is a substantial likelihood that a New York reporter will be compelled to divulge the identity of a confidential source (or face a contempt sanction) if required to appear in the other jurisdiction _ a result that would offend the core protections of the shield law, a New York public policy of the highest order," the court said in overturning a mid-level appeals court's decision supporting the subpoena.

One dissenting judge said New York's law does not protect Winter because the privileged communications with her sources took place in another state.


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