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38 entries in 'Opinions'
2023/07/10   Judge dismisses lawsuit seeking reparations for the 1921 Tulsa Race Massacre
2023/05/29   Biden and McCarthy reach a final deal and now must sell it to Congress
2022/03/07   Not guilty plea entered in alleged drug deal slaying
2020/04/11   Court lifts part of order blocking Texas abortion ban
2019/01/19   Connecticut Supreme Court issues fewer rulings in 2018
2019/01/18   US presses ahead with border wall in court despite shutdown
2018/09/30   UN court asked to probe Venezuela; leader defiant in speech
2018/09/07   India’s Supreme Court strikes down law that punished gay sex
2018/04/14   Clicking 'checkout' could cost more after Supreme Court case
2018/03/03   Organized labor case goes in front of Supreme Court
2018/01/30   Supreme Court delays order for North Carolina to redraw maps
2017/10/24   Florida court sides with Gov. Scott in nursing home battle
2017/08/18   Nevada pot regulators back in court as supplies dwindle
2016/09/10   Biden, Supreme Court nominee on Hill to pressure GOP
2016/07/08   Thai military court adds to singer's jail term for insults
2016/05/22   Breyer says Supreme Court not diminished with only 8 members
2016/04/25   Stoddard firefighter charged with arson due in court
2016/04/15   Obama's power over immigration drives Supreme Court dispute
2016/03/19   Teen changes plea to guilty in deaths of mother, stepfather
2015/11/30   South African appeals court nears Pistorius ruling
2015/11/17   Snowboarders fight ban at Utah resort in appeals court
2015/11/04   Romania's outgoing PM appears at court for corruption trial
2015/09/16   Charleston church suspect's friend charged with lying to FBI
2012/06/13   Ariz. gov. orders training ahead of court decision
2012/02/28   Proof of a Negative Not Required for Summary Judgment
2012/01/29   Law Firms Keep Squeezing Associates
2011/07/19   When is a Person an Employee of Another?
2011/06/10   Court Shows It Is Serious About Appellate Procedure
2009/10/02   Is the iPhone Ready for Law Firms?
2009/01/27   Six-figure Cabinet jobs sometimes mean a pay cut
2008/10/21   Senate Democrats subpoena Mukasey over detainees
2008/04/08   Second Circuit Deals a Severe Blow
2008/04/02   Where Lawyer Creativity Shines
2008/03/24   Brits vs. Americans: Who Can Better Weather a Recession?
2008/03/11   Health-Care Fraud: Keep an Eye on the Small Fry
2008/03/03   Doctor-lawyer project tackles malpractice
2008/03/01   What is Intellectual Property?
2008/03/01   A Legalpalooza Only Dickens Could Love


Judge dismisses lawsuit seeking reparations for the 1921 Tulsa Race Massacre
Opinions | 2023/07/10 14:09
An Oklahoma judge has thrown out a lawsuit seeking reparations for the 1921 Tulsa Race Massacre, dashing an effort to obtain some measure of legal justice by survivors of the deadly racist rampage.

Judge Caroline Wall on Friday dismissed with prejudice the lawsuit trying to force the city and others to make recompense for the destruction of the once-thriving Black district known as Greenwood.

The order comes in a case by three survivors of the attack, who are all now over 100 years old and sued in 2020 with the hope of seeing what their attorney called “justice in their lifetime.”

Tulsa Mayor G.T. Bynum said in a statement that the city has yet to receive the full court order. “The city remains committed to finding the graves of 1921 Tulsa Race Massacre victims, fostering economic investment in the Greenwood District, educating future generations about the worst event in our community’s history, and building a city where every person has an equal opportunity for a great life,” he said.

A lawyer for the survivors — Lessie Benningfield Randle, Viola Fletcher and Hughes Van Ellis — did not say Sunday whether they plan to appeal. But a group supporting the lawsuit suggested they are likely to challenge Wall’s decision.

“Judge Wall effectively condemned the three living Tulsa Race Massacre Survivors to languish — genuinely to death — on Oklahoma’s appellate docket,” the group, Justice for Greenwood, said in a statement. “There is no semblance of justice or access to justice here.”

Wall, a Tulsa County District Court judge, wrote in a brief order that she was tossing the case based on arguments from the city, regional chamber of commerce and other state and local government agencies. She had ruled against the defendants’ motions to dismiss and allowed the case to proceed last year.

Local judicial elections in Oklahoma are technically nonpartisan, but Wall has described herself as a “Constitutional Conservative” in past campaign questionnaires.

The lawsuit was brought under Oklahoma’s public nuisance law, saying the actions of the white mob that killed hundreds of Black residents and destroyed what had been the nation’s most prosperous Black business district continue to affect the city today.


Biden and McCarthy reach a final deal and now must sell it to Congress
Opinions | 2023/05/29 10:25
With days to spare before a potential first-ever government default, President Joe Biden and House Speaker Kevin McCarthy reached final agreement Sunday on a deal to raise the nation’s debt ceiling and worked to ensure enough support in Congress to pass the measure in the coming week.

The Democratic president and Republican speaker spoke late in the day as negotiators rushed to draft and post the bill text for review, with compromises that neither the hard-right or left flank is likely to support. Instead, the leaders are working to gather backing from the political middle as Congress hurries toward votes before a June 5 deadline to avert a damaging federal default.

“Good news,” Biden declared Sunday evening at the White House.

“The agreement prevents the worst possible crisis, a default, for the first time in our nation’s history,” he said. “Takes the threat of a catastrophic default off the table.”

The president urged both parties in Congress to come together for swift passage. “The speaker and I made clear from the start that the only way forward was a bipartisan agreement,” he said.

The final product includes spending cuts but risks angering some lawmakers as they take a closer look at the concessions. Biden told reporters at the White House upon his return from Delaware that he was confident the plan will make it to his desk.

McCarthy, too, was confident in remarks at the Capitol: “At the end of the day, people can look together to be able to pass this.”

The days ahead will determine whether Washington is again able to narrowly avoid a default on U.S. debt, as it has done many times before, or whether the global economy enters a potential crisis.

In the United States, a default could cause financial markets to freeze up and spark an international financial crisis. Analysts say millions of jobs would vanish, borrowing and unemployment rates would jump, and a stock-market plunge could erase trillions of dollars in household wealth. It would all but shatter the $24 trillion market for Treasury debt.

Anxious retirees and others were already making contingency plans for missed checks, with the next Social Security payments due soon as the world watches American leadership at stake.

McCarthy and his negotiators portrayed the deal as delivering for Republicans though it fell well short of the sweeping spending cuts they sought. Top White House officials were briefing Democratic lawmakers and phoning some directly to try to shore up support.

One surprise was a provision important to influential Sen. Joe Manchin, D-W.Va., giving congressional backing for the controversial Mountain Valley Pipeline, a natural gas project, that is certain to raise questions.


Not guilty plea entered in alleged drug deal slaying
Opinions | 2022/03/07 10:55
A defendant accused of fatally shooting a man because he didn’t want to pay him for a drug deal pleaded not guilty in Brown County Circuit Court Monday.

Pedro Santiago-Marquez is charged with first-degree intentional homicide and being party to mutilating a corpse in connection with the Sept. 27 murder of Jason Mendez-Ramos.

Prosecutors say Mendez-Ramos was angry that he had not been paid $80,000 for a cocaine deal. A criminal complaint says rather than pay for the cocaine, Santiago-Marquez shot him in the head with a pistol. The victim’s burned body was found at the edge of the University of Wisconsin-Green Bay campus, WLUK-TV reported.

Security videos, cell phone tracking information, and DNA tie Rodriguez-Garcia to that scene, according to the criminal complaint.

Another man, 47-year-old Alexander Burgos-Mojica, is charged with harboring or aiding a felon in connection with the case. He returns to court March 18 for a balance of initial appearance. Rodriguez-Garcia returns to court March 21 for a status conference on the charge of mutilating a corpse.


Court lifts part of order blocking Texas abortion ban
Opinions | 2020/04/11 11:47
A federal appeals court on Friday partially rescinded a lower-court order that had largely blocked the enforcement of an abortion ban in Texas during the coronavirus pandemic.

By a 2-1 vote, the three-judge panel of the 5th U.S. Circuit Court of Appeals upheld enforcement of an executive order by Texas Gov. Greg Abbott that includes abortion among non-essential medical procedures banned during the state of emergency.

However, the appeals court allowed the procedure to go ahead if delays would place the pregnancy beyond the 22-week state cutoff for abortions.

The ruling was agreed to by Judges Jennifer Walker Elrod, an appointee of President George W. Bush, and Kyle Duncan, an appointee of President Donald Trump. Judge James L. Dennis, an appointee of President Bill Clinton, dissented and opposed any stay of the lower-court order.

COVID-19 is the illness caused by the new coronavirus. For most people, the virus causes mild or moderate symptoms, such as fever and cough that clear up in two to three weeks. For some, especially older adults and people with existing health problems, it can cause more severe illness, including pneumonia.


Connecticut Supreme Court issues fewer rulings in 2018
Opinions | 2019/01/19 15:59
Connecticut officials say state Supreme Court rulings declined sharply in 2018, possibly a result of a major shakeup of the court over the past two years that included the appointments of a new chief justice and four new associate justices.

The Connecticut Law Tribune reports the seven-member high court decided 86 cases in 2018, a 17 percent decrease from the 104 cases decided in 2017.

Paul Hartan is the chief administrative officer for state appeals courts. He says the learning curve of new justices likely contributed to the decline in rulings.

New justices appointed to fill vacancies since March 2017 include Gregory D'Auria, Raheem Mullins, Maria Araujo Kahn and Steven Ecker. Justice Richard Robinson became chief justice last May, succeeded Chase Rogers, who retired.



US presses ahead with border wall in court despite shutdown
Opinions | 2019/01/18 15:59
A federal attorney in South Texas said in court this week that during the ongoing partial government shutdown, he only has been allowed to work on cases related to President Donald Trump’s proposed border wall.

The Texas Civil Rights Project on Thursday released a transcript of a Tuesday hearing in a case where the U.S. government has sued a local landowner for her property along the U.S.-Mexico border. Many other civil cases have been delayed during the shutdown, which was triggered by Trump’s demand for $5.7 billion to build a wall.

According to the transcript, U.S. District Judge Micaela Alvarez noted that government attorneys working on border wall cases have not been furloughed despite the shutdown.

The prosecutor, Eric Paxton Warner, responded, “This is all I’m allowed to work on, Your Honor.”

Warner and a spokeswoman for the local U.S. attorney’s office did not return messages. A spokesman for the Department of Justice says each U.S. attorney had the authority to determine which civil cases should move forward or be delayed, but that civil cases would be delayed “to the extent this can be done without compromising to a significant degree the safety of human life or the protection of property.”

U.S. Customs and Border Protection said last year that it planned to start building in February. But unlike on other parts of the border, most border land in South Texas is owned privately. That requires the government to seize it through eminent domain, suing private landowners in cases that can take months or years. Some landowners who would be affected have already vowed to fight the government in court.

Efren Olivares, a lawyer for the Texas Civil Rights Project, accused the government of being “fixated” on a border wall at the expense of other matters.

“As someone who is also handling family reunification cases in which government lawyers are telling us they can’t do anything to help us because of the government shutdown, it’s extremely upsetting and frustrating,” he said.

The case that led to Tuesday’s hearing was opened 11 years ago, during the last major effort to build border barriers under the Secure Fence Act. It involves a chunk of land in Los Ebanos, a town of roughly 300 people situated along a bend in the Rio Grande, the river separating the U.S. and Mexico in Texas.

Olivares said the U.S. government already obtained the land it sought from the landowner, Pamela Rivas, but both sides haven’t agreed yet on compensation.


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