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Court gives fertilizer dealers a reprieve from policy change
Legal News Feed |
2016/09/19 20:50
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A court ruling has given farm fertilizer dealers a reprieve from a federal policy change that some say would unfairly burden the industry.
The Occupational Safety and Health Administration policy change announced last year would regulate retail dealers of farm fertilizer such as anhydrous ammonia under the same standards as manufacturers. It came after a deadly explosion at a Texas plant in 2013.
The Agricultural Retailers Association and The Fertilizer Institute say the change would affect 3,800 fertilizer retailers nationwide, costing them more than $100 million. The two organizations sued a year ago.
The change was to take effect this coming Saturday. But a federal appeals court has ruled that OSHA can't implement it without going through a formal rule-making process. |
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Judge in Stanford swimmer case switching to civil court
Legal News Feed |
2016/08/26 15:04
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A judge whose six-month sentence in the sexual assault case of a former Stanford swimmer has removed himself from handling criminal matters, but efforts to recall him remain.
Santa Clara County Judge Aaron Persky requested that he be assigned to civil court and that request was approved, the county's Presiding Judge Rise Pinchon said in a statement Thursday.
"While I firmly believe in Judge Persky's ability to serve in his current assignment, he has requested to be assigned to the civil division, in which he previously served," Pichon said. "Judge Persky believes the change will aid the public and the court by reducing the distractions that threaten to interfere with his ability to effectively discharge the duties of his current criminal assignment."
The move is not necessarily permanent. The assignment is subject to an annual review and takes effect Sept. 6.
Pichon said that another judge's desire to transfer to Palo Alto has made a quick swap with Persky possible. Normally such changes don't happen until a new year.
Persky ordered the six-month sentence for Brock Turner, a Dayton, Ohio, resident who had been attending Stanford on a swimming scholarship. The judge cited a probation department recommendation and the effect the conviction will have on Turner's life.
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Court considers Kansas rule that voters prove citizenship
Legal News Feed |
2016/08/24 09:59
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A federal appeals court will decide whether Kansas has the right to ask people who register to vote when they get their driver's licenses for proof that they're citizens, a decision which could affect whether thousands have their ballots counted in November's election.
Three judges from the 10th Circuit Court of Appeals heard arguments in the case Tuesday from Kansas Secretary of State Kris Kobach and the American Civil Liberties Union but didn't indicate how soon they could rule.
Kansas wants the court to overturn a ruling by a federal judge in May that temporarily blocked the state from disenfranchising people who registered at motor vehicle offices but didn't provide documents such as birth certificates or naturalization papers. That was about 18,000 people at the time. If the order is allowed to stand, the state says up to an estimated 50,000 people who haven't proven they're citizens could have their votes counted in the fall.
Since 1993, states have had to allow people to register to vote when they apply for or renew their driver's licenses. The so-called motor-voter law says that people can only be asked for "minimal information" when registering to vote, allowing them to simply affirm they are citizens.
The ACLU claims the law intended to increase registration doesn't allow states to ask applicants for extra documents. It also says that motor vehicle clerks don't tell people renewing existing licenses that they need to provide the documents, leaving them under the mistaken impression that their registration is complete when they leave the office.
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Court Vacates $1.8M Ventura Award in 'American Sniper' Case
Legal News Feed |
2016/06/14 15:10
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A federal appeals court on Monday threw out a $1.8 million judgment awarded to former Minnesota Gov. Jesse Ventura, who says he was defamed in the late author Chris Kyle's bestselling book "American Sniper."
The 8th U.S. Circuit Court of Appeals rejected the jury's 2014 award of $500,000 for defamation and $1.3 million for unjust enrichment against Kyle's estate. Kyle, a former SEAL who was the deadliest sniper in U.S. military history with 160 confirmed kills, died in 2013.
The majority of the three-judge panel reversed the unjust-enrichment award, saying it fails as a matter of law. The majority also vacated the defamation award, but sent that portion of the case back to court for a new trial.
Messages left with Ventura's publicist and attorney were not immediately returned Monday. A message left with an attorney for Kyle's estate also did not immediately return a message seeking comment.
Kyle claimed in a subchapter called "Punching Out Scruff Face," to have decked a man, whom he later identified as Ventura, during a fallen SEAL's wake at a California bar in 2006. He wrote that "Scruff Face" had made offensive comments about the elite force, including a remark that the SEALs "deserve to lose a few" in Iraq.
Ventura, a former Underwater Demolition Teams/SEAL member and ex-pro wrestler, testified at trial that Kyle's story was a fabrication. Ventura said he never made the comments and that the altercation never happened. He said the book ruined his reputation in the tight-knit SEAL community.
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