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Indiana, Planned Parenthood in court over funding
Legal News Digest |
2011/10/21 09:36
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Planned Parenthood of Indiana can end a dispute over a law that would cut some of its public funding if it became two separate entities, with one offering abortion services and the other offering general health services, an attorney for the state told a federal appeals court Thursday.
Solicitor General Thomas Fisher said during oral arguments before the 7th Circuit Court of Appeals in Chicago that Indiana's new law is aimed at keeping taxpayer dollars from indirectly subsidizing abortions.
He told the appeals court that Planned Parenthood of Indiana could ensure that wouldn't happen by separating its operations into two entities.
Only by separating the two can we be sure that there's no cross-subsidy, Fisher said.
Planned Parenthood's attorney, Ken Falk of the American Civil Liberties Union, told the appeals court during the 45-minute hearing that Indiana's own Medicaid agency warned state lawmakers while they were weighing the legislation that it would violate Medicaid recipients' freedom of choice by targeting the abortion provider. |
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Court orders new trial for convicted Cass County killer
Law News |
2011/10/20 09:36
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The 6th District Court of Appeals in Texarkana has ordered a new trial for a Cass County man convicted of killing his wife.
The Texarkana Gazette reports that the court on Wednesday granted 50-year-old David Len Moulton's request for a new trial.
Moulton was convicted and sentenced to 60 years in prison in 2010 of the 2004 death of Rebecca Moulton. Her body was found in a pond on the couple's property in Atlanta, Texas. A cause of death could not be determined.
The appeals court agreed with arguments by defense attorney Jason Horton that the jury was given an improper instruction. The instruction said jurors could convict Moulton if they determined he asphyxiated his wife by unknown means. |
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Artists sue auction houses over royalties law
Legal Business |
2011/10/20 09:36
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Famed New York painter Chuck Close and other artists are suing Sotheby's, Christie's and eBay, contending the auctioneers willfully violated a California law requiring royalty payments on sales of their works.
The three federal suits filed Tuesday seek class-action status to represent many other artists and demand unspecified royalties and damages — which could total hundreds of thousands of dollars given current art prices.
The suits were filed on behalf of Close — best known for his enormous photorealistic paintings — along with Los Angeles artist Laddie John Dill, and the estate of late sculptor Robert Graham. Graham's works include the ceremonial gate for the Los Angeles Memorial Coliseum that was commissioned for the 1984 Olympics and features nude statues modeled on some of the athletes.
A foundation of late California painter Sam Francis also is named as a plaintiff in the suits against Christie's and eBay Inc. |
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Mom pleads guilty to forcing beer on children
Legal Career News |
2011/10/19 09:37
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A Connecticut mother has pleaded guilty to charges that she forced her 4-year-old son to drink beer and gave her 10-month-old daughter beer and cocaine.
The Connecticut Post reports Juliette Dunn, of Bridgeport, pleaded guilty Wednesday to risk of injury to a child under the Alford Doctrine, where the defendant doesn't agree to the facts but agrees the state has enough evidence to win a conviction.
A companion, 33-year-old Lisa Jefferson, pleaded guilty to the same charges.
Police say officers were waved down in June by a neighbor who complained that a woman was feeding children beer at a playground.
The children were turned over to the Department of Children and Families after 29-year-old Dunn's arrest. Custody hasn't been decided. |
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Court to hear bid to sue Shell for Nigerian abuses
Court Press News |
2011/10/18 10:08
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The Supreme Court said Monday it will use a dispute between Nigerian villagers and oil giant Royal Dutch Shell to decide whether corporations may be held liable in U.S. courts for alleged human rights abuses overseas.
The justices said they will review a federal appeals court ruling in favor of Shell. The case centers on the 222-year-old Alien Tort Statute that has been increasingly used in recent years to sue corporations for alleged abuses abroad.
The villagers argue Shell was complicit in torture and other crimes against humanity in the country's oil-rich Ogoni region in the Niger Delta.
A divided panel of federal appeals court judges in New York said the 18th century law may not be used against corporations. More recently, appellate judges in Washington said it could.
In a second case the court agreed to hear, the justices will weigh whether the Torture Victims Protection Act of 1992 can be invoked against organizations, or only individuals.
The sons and widow of Azzam Rahim have filed a civil lawsuit against the Palestinian Authority and the Palestine Liberation Organization. The Palestinian-born Rahim was a naturalized U.S. citizen who was beaten and died in the custody of Palestinian intelligence officers in Jericho in 1995. Three officers were jailed for their role in the case, according to a State Department report.
But when Rahim's relatives sought money damages for his death, the federal appeals court in Washington said they could not use the 1992 law to go after the Palestinian organizations. The law may be applied only to natural persons, the appeals court said.
The Nigerians' lawsuit stems from alleged human rights violations between 1992 and 1995. The suit claims that Shell was eager to stop protests about continuing oil exploration in the area and was complicit in Nigerian government actions that included fatal shootings, rapes, beatings, arrests and property destruction. |
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