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Court revives victim lawsuit in mistaken shooting
Legal Line News | 2014/05/05 15:23
The Supreme Court has reinstated the lawsuit filed by a former major league baseball player's son who was shot on the porch of his family home by a Houston-area police officer.

The justices on Monday ordered a lower court to reconsider the case of Robert Tolan, son of former major leaguer Bobby Tolan. The son was shot in the chest after police mistakenly believed he was armed and had stolen a vehicle.

A Houston-area jury acquitted Bellaire police Sgt. Jeffrey Cotton of criminal charges in the shooting, which happened on New Year's Eve in 2008. A federal appeals court dismissed Tolan's civil lawsuit claiming that Cotton used excessive force.

The high court said the 5th U.S. Circuit Court of Appeals acted too hastily.


High court to hear dispute about TV over Internet
Legal Line News | 2014/04/21 14:22
Thirty years ago, big media companies failed to convince the Supreme Court of the threat posed by home video recordings.

Now they're back — and trying to rein in a different innovation that they say threatens their financial well-being.

The battle has moved out of viewers' living rooms, where people once marveled at their ability to pop a cassette into a recorder and capture their favorite programs or the sporting event they wouldn't be home to see.

The new legal fight shifts to the Supreme Court Tuesday with arguments against a startup business using Internet-based technology to give subscribers the ability to watch programs anywhere they can take portable devices.

Aereo takes free television signals from the airwaves and sends them over the Internet to paying subscribers in 11 cities.


Oklahoma gay-marriage case before US appeals court
Legal Line News | 2014/04/17 14:24
Court arguments over Oklahoma's ban on same-sex marriage will center on whether voters singled out gay people for unfair treatment when they overwhelmingly defined marriage as a union between one man and one woman.

Judges at a federal appeals court in Denver will hear arguments Thursday from lawyers representing a couple challenging Oklahoma's ban and the Tulsa County clerk who refused to grant them a license. The judges heard a similar case from Utah last week.

Oklahoma voters approved the ban in 2004 by a 3-1 margin. The Tulsa couple tried to obtain a marriage license shortly afterward.

A federal judge overturned the ban in January, saying it violated the equal-protection clause of the U.S. Constitution. Lawyers for the state say voters have a right to set their own laws.


Appeals court finds EPA carbon decision reasonable
Legal Line News | 2014/04/15 14:26
A federal appeals court says the Environmental Protection Agency acted reasonably in deciding not to change the primary air quality standard for carbon monoxide.

Three environmental and wildlife organizations want the public health standard toughened.

But the appeals court says in a 3-0 ruling that the private groups cannot challenge the lack of a secondary air quality standard for carbon monoxide. The EPA decided not to have one, based on a finding that the connection between carbon monoxide and climate change was tenuous.

The court ruled Friday that the groups failed to show that the absence of a secondary standard would worsen global warming.

Carbon monoxide is an odorless, colorless gas in motor vehicle exhaust.


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