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Oklahoma tribe sues oil companies in tribal court over quake
U.S. Court News |
2017/03/06 15:50
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An Oklahoma-based Native American tribe filed a lawsuit in its own tribal court system Friday accusing several oil companies of triggering the state's largest earthquake that caused extensive damage to some near-century-old tribal buildings.
The Pawnee Nation alleges in the suit that wastewater injected into wells operated by the defendants caused the 5.8-magnitude quake in September and is seeking physical damages to real and personal property, market value losses, as well as punitive damages.
The case will be heard in the tribe's district court with a jury composed of Pawnee Nation members.
"We are a sovereign nation and we have the rule of law here," said Andrew Knife Chief, the Pawnee Nation's executive director. "We're using our tribal laws, our tribal processes to hold these guys accountable."
Attorneys representing the 3,2 00-member tribe in north-central Oklahoma say the lawsuit is the first earthquake-related litigation filed in a tribal court. If an appeal were filed in a jury decision, it could be heard by a five-member tribal Supreme Court, and that decision would be final.
"Usually tribes have their own appellate process, and then, and this surprises a lot of people, there is no appeal from a tribal supreme court," said Lindsay Robertson, a University of Oklahoma law professor who specializes in Federal Indian Law.
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Ohio court considers privacy rights in backpack search
U.S. Court News |
2017/03/02 15:51
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The state Supreme Court will hear arguments over the constitutionality of an Ohio student's backpack search that authorities say led first to the discovery of bullets and later a gun.
At issue before the high court is whether a second search of the backpack violated the student's privacy rights, which are generally weaker inside school walls.
The court scheduled arguments for Wednesday morning. Prosecutors in Franklin County appealed after two lower courts tossed out the evidence because of the second search.
A security official at a Columbus city high school searched the backpack in 2013 after it was found on a bus. The official conducted a second search after he recalled the student had alleged gang ties. That search led to finding a gun on the student.
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Philippine president's drug crackdown faces court challenge
U.S. Court News |
2017/01/29 19:35
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A survivor of a Philippine police raid that killed four other drug suspects asked the Supreme Court Thursday to stop such operations and help him obtain police records to prove his innocence in a test case against the president's bloody crackdown.
Lawyer Romel Bagares said his client Efren Morillo and other petitioners also asked the court to order police to stop threatening witnesses.
More than 7,000 drug suspects have been killed since President Rodrigo Duterte took office in June and ordered the crackdown, alarming human rights group and Western governments.
Four policemen shot Morillo and four other men in impoverished Payatas village in metropolitan Manila in August. Morillo survived and denied police allegations that he and his friends were drug dealers or that they fought back, according to Bagares and the court petition.
Morillo, a 28-year-old vegetable vendor and the four slain men, were garbage collectors who were shot with their hands bound and could not have possibly threatened police, the petition said. |
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Woman charged in twin's Hawaii death due in Albany court
U.S. Court News |
2016/12/22 00:36
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A woman accused of killing her twin sister by driving their SUV off a cliff in Hawaii is expected to clear the way for her extradition from upstate New York.
Alexandria Duval is expected to waive her right to an extradition hearing in an Albany court on Friday morning. Duval's lawyer says she wants to get back to Hawaii and defend herself against a second-degree murder charge.
Authorities in Hawaii say Duval was driving an SUV in May with her sister, Anastasia, in the passenger seat when the vehicle crashed into a rock wall and plunged about 200 feet.
The 38-year-old traveled to upstate New York after an initial indictment stemming from the fatal crash was dismissed by a judge earlier this year. She was arrested in Albany last month. |
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