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Alaska Supreme Court to Hear Youths’ Climate Change Lawsuit
Legal Business | 2019/10/09 22:18
The Alaska Supreme Court will hear arguments in a lawsuit that claims state policy on fossil fuels is harming the constitutional right of young Alaskans to a safe climate.

Sixteen Alaska youths in 2017 sued the state, claiming that human-caused greenhouse gas emission leading to climate change is creating long-term, dangerous health effects.

The lawsuit takes aim at a state statute that says it’s the policy of Alaska to promote fossil fuels, said Andrew Welle of Oregon-based Our Children’s Trust, a nonprofit organization dedicated to protecting natural systems for present and future generations.

“The state has enacted a policy of promoting fossil fuels and implemented it in a way that is resulting in substantial greenhouse gas emissions in Alaska,” Welle said in a phone interview. “They’re harming these young kids.”

A central question in the lawsuit, as in previous federal and state lawsuits, is the role of courts in shaping climate policy.


Man Accused of Plotting IS-Inspired Attack Pleads Not Guilty
Legal Business | 2019/04/27 15:41
A Maryland man accused of planning an Islamic State-inspired attack at a shopping and entertainment complex near Washington, D.C., has pleaded not guilty to a federal criminal charge.

Rondell Henry was arraigned Monday on one count of interstate transportation of a stolen vehicle. He was indicted April 10 on the charge, which carries a maximum sentence of 10 years in prison.

The 28-year-old Germantown resident hasn't been charged with any terrorism-related offenses since police officers arrested him March 28. He remains detained in federal custody.

Authorities say Henry stole a U-Haul van in Virginia and intended to use it to carry out a terrorist attack last month at the National Harbor, a popular waterfront destination just outside the nation's capital.


Case about indigent drivers and drivers' licenses in court
Legal Business | 2019/03/10 12:32
A federal court judge will hear motions in a lawsuit over a North Carolina law that mandates the revocation of drivers' licenses for unpaid traffic tickets even if the driver can't afford to pay.

Advocacy groups sued in May, seeking to declare the law unconstitutional. A hearing will be held Wednesday in Winston-Salem on motions for a preliminary injunction and class certification.

The judge also will consider a motion by the defendant, the commissioner of the Division of Motor Vehicles, for a judgment in his favor.

The American Civil Liberties Union and other groups sued on behalf of indigent residents facing license revocation or whose licenses have been revoked.

They're asking that a judge declare the law unconstitutional, saying it violates due process rights under the 14th Amendment.



N Carolina court: State retirees should pay health premiums
Legal Business | 2019/03/05 11:44
A North Carolina appeals court is throwing out a judge's ruling that a former Supreme Court chief justice and other retired state government workers can't be forced to pay part of their health insurance premiums.

A state Court of Appeals ruled Tuesday the retirees don't have a contract preventing them from contributing to their coverage. A three-judge panel ruled unanimously that retired state employees were promised nothing more than what is offered to current workers.

Legislators passed a law in 2011 requiring retirees to pay premiums they didn't pay while working. Retirees including former Chief Justice I. Beverly Lake sued, saying that broke the state's promise to provide health insurance.

The State Health Plan covers more than 700,000 employees, retirees and their dependents.


Japan court OK's Nissan ex-Chairman Ghosn's release on bail
Legal Business | 2019/03/03 11:45
A Tokyo court approved the release of former Nissan Chairman Carlos Ghosn on 1 billion yen ($8.9 million) bail on Tuesday, rejecting an appeal by prosecutors to keep him jailed, a lawyer for the auto executive said.

He could be freed as soon as Wednesday morning, according to Japan's Kyodo News.

Jean-Yves Le Borgne, Ghosn's French lawyer, said a court issued a late-night ruling rejecting prosecutors' appeal of the initial ruling. Le Borgne cautioned that prosecutors still had leeway to file new charges as they had done once before.

Ghosn said in a written statement that he is grateful for his family and friends who had stood by him "throughout this terrible ordeal."

He said he is "innocent and totally committed to vigorously defending myself in a fair trial against these meritless and unsubstantiated accusations."

The former head of the Renault-Nissan-Mitsubishi Motors alliance has been detained since he was arrested on Nov. 19. He says he is innocent of charges of falsifying financial information and of breach of trust.

His Japanese lawyer, Junichiro Hironaka, is famous for winning acquittals in Japan, a nation where the conviction rate is 99 percent.

Hironaka said the legal team "proposed concrete ways showing how he would not tamper with evidence or try to flee."

Hironaka said Monday that he had offered new ways to monitor Ghosn after his release, such as camera surveillance. Hironaka also questioned the grounds for Ghosn's arrest, calling the case "very peculiar," and suggesting it could have been dealt with as an internal company matter.

In Japan, suspects are routinely detained for months, often until their trials start. That's especially true of those who insist on their innocence.

The 1 billion yen bail set by the court was relatively high but not the highest ever in Japan.

Among the conditions for Ghosn's release were restrictions on where he can live, his mobile phone use, as well as a ban on foreign travel and contact with Nissan executives, according to Kyodo News.


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