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Lawyer asks Iowa court to reconsider sex bias case
Legal Line News |
2013/07/17 23:12
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The attorney for a dental assistant fired after her boss became too attracted to her is asking for the Iowa Supreme Court to rule on the case for a third time.
The all-male court Friday dismissed a sex discrimination lawsuit filed by Melissa Nelson against Fort Dodge dentist James Knight, ruling her termination was lawful. It was the same outcome as the court's decision from December but a different rationale.
Nelson's attorney, Paige Fiedler, asked the court Tuesday to again reconsider the ruling and allow a trial. Fiedler says in a brief the justices wrongly concluded that Nelson had a "consensual personal relationship" with Knight that justified her firing.
Fiedler says a jury could conclude their relationship was ordinary, and she wouldn't have been fired but for her good looks. |
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Court rejects cat hoarders' appeal of convictions
Legal Line News |
2013/07/08 00:37
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The Montana Supreme Court has denied the appeal of a northwestern Montana couple's conviction of aggravated cruelty to animals after 116 cats were found living in filthy, snowbound trailers.
The Daily Inter Lake reports the court announced the decision July 2 involving Edwin and Cheryl Criswell.
The cats were found in December 2010 and a jury the following year found the couple guilty. In October 2011 Cheryl Criswell received a two-year sentence deferred over six years. Edwin Criswell received a two-year suspended sentence but later violated his probation by testing positive for marijuana and methamphetamine. In January he was sentenced to two years in prison.
In September 2006, the Criswells entered Alford pleas to 10 counts of misdemeanor animal cruelty in northern Idaho in what officials then called the largest animal hoarding case in state history involving 430 animals.
In the Montana case, the Criswells contended they were wrongly convicted because during the trial Flathead County Deputy Attorney Ken Park called them "professional freeloaders," prejudicing the jury.
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Wal-Mart pleads guilty in hazardous waste
Legal Line News |
2013/05/27 11:23
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Wal-Mart Stores Inc. will pay $81.6 million after pleading guilty on Tuesday to criminal charges of improperly disposing of fertilizer, pesticides and other hazardous products that were pulled from stores in California and Missouri because of damaged packaging and other problems.
The retail giant entered the plea in federal court in San Francisco to misdemeanor counts of violating the Clean Water Act and another environmental law regulating pesticides. The fine also settled Environmental Protection Agency allegations.
In Kansas City, Mo., the company pleaded guilty to improperly handling pesticides.
The plea agreements ended a nearly decade-old investigation involving more than 20 prosecutors and 32 environmental groups that has cost Wal-Mart a total of $110 million.
Court documents show illegal dumping occurred in 16 California counties from Del Norte to Orange between 2003 and 2005. Federal prosecutors said the company didn't train its employees on how to handle and dispose hazardous materials at its stores.
The result, prosecutors say, was that waste was tossed into trash bins or poured into sewer systems. The waste also was improperly taken to one of several product return centers throughout the U.S. without proper safety documentation, authorities said. |
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Fla. to execute mass killer after court lifts stay
Legal Line News |
2012/10/27 13:43
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A convicted mass killer from the 1970s is again scheduled for execution Tuesday after an appeals court lifted a last-minute stay that was based on his mental illness. His attorneys sought a last-minute reprieve from the U.S. Supreme Court.
The execution of John Ferguson, 64, was tentatively back on for 6 p.m. at Florida State Prison pending a final order from the governor's office, state corrections officials said. Ferguson has been on Florida's death row for 34 years.
The 11th U.S. Circuit Court of Appeals on Monday lifted a stay put in place over the weekend by a judge in Florida. Ferguson's lawyers argued he is mentally ill and therefore the Constitution prohibits the state from executing him.
His attorneys sought reinstatement of the stay in an emergency filing Tuesday morning with the U.S. Supreme Court. There was no immediate ruling from the justices.
Ferguson was convicted of killing eight people in South Florida in 1977 and 1978, including a teenage couple.
Two of the three appeals court judges in Atlanta ruled that U.S. Judge Daniel Hurley "abused" his discretion on Saturday when he issued a stay in the case. |
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