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UK court blocks Heathrow expansion over climate concerns
Legal Career News | 2020/02/28 10:33
Heathrow Airport’s plans to increase capacity of Europe’s biggest travel hub by over 50% were stalled Thursday when a British court said the government failed to consider its commitment to combat climate change when it approved the project.

The ruling throws in doubt the future of the 14 billion-pound ($18 billion) plan to build a third runway at Heathrow, the west London hub that already handles more than 1,300 flights a day.

While Heathrow officials said they planned to appeal, Prime Minister Boris Johnson’s government indicated it wouldn’t challenge the ruling by the Court of Appeal.

“We won!” said London Mayor Sadiq Khan, a long-time opponent of the project who joined other local officials and environmental groups in challenging the national government’s approval of Heathrow’s expansion plans.

At stake is a project that business groups and Heathrow officials argue is crucial for the British economy as the U.K. looks to increase links with countries from China to the United States after leaving the European Union. Heathrow has already reached the capacity of its current facilities, and a third runway is needed to serve the growing demands of travelers and international trade, they say.

Environmental campaigners, however, challenged the project because of concerns that a third runway would encourage increased air travel and the carbon emissions blamed for global warming. The British government has committed to reducing greenhouse gas emissions as a signatory to the 2016 Paris Agreement, which seeks to limit temperature increases to 1.5 degrees Celsius over pre-industrial levels.



Walker appointee, judge, prof face off in high court primary
Legal Career News | 2020/02/16 13:51
Wisconsin voters will choose between a Republican appointee, a Madison judge and a law professor as they winnow down the candidates for a state Supreme Court seat in a primary Tuesday.

Conservative Justice Dan Kelly will face off against liberal-leaning Jill Karofsky and Ed Fallone. The top two vote-getters will advance to the April 7 general election with a 10-year term on the high court at stake.

The race can’t change the court’s ideological leaning since conservative-leaning justices currently have a 5-2 edge. But a Kelly defeat would cut their margin to 4-3 and give liberals a shot at a majority in 2023.

Then-Gov. Scott Walker, a Republican, appointed Kelly to the Supreme Court in 2016 to replace the retiring David Prosser. An attorney by trade, he represented Republican lawmakers in a federal trial over whether they illegally gerrymandered Wisconsin’s legislative district boundaries in 2011. He’s also a member of The Federalist Society, a conservative organization that advocates for a strict interpretation of the U.S. Constitution.

Karofsky is a wiry marathon runner who has completed two Iron Man competitions. She also won the state doubles tennis championship in 1982 for Middleton High School.

She has served as an assistant prosecutor in the Dane County district attorney’s office, general counsel for the National Conference of Bar Examiners and executive director of the state Department of Justice’s Office of Crime Victim Services. She won election as a Dane County circuit judge in 2017.


Court ‘deeply troubled’ by woman’s jailing over unpaid fines
Legal Career News | 2020/02/15 13:52
Federal appeals court judges said they were “deeply troubled” that a Georgia municipal court jailed a woman when she couldn’t pay a fine for driving without insurance.

A three-judge panel of the 11th U.S. Circuit Court of Appeals upheld the dismissal of Ziahonna Teagan’s claims that her civil rights were violated, but said she could pursue a false imprisonment claim against the city of McDonough, news outlets reported.

“We are deeply troubled by what happened to Ms. Teagan in the McDonough municipal court,” the unsigned opinion says. “She, like all other citizens of that city, deserved better.”

After Teagan pleaded not guilty in December 2013, Judge Donald Patten found her guilty during a bench trial in March 2014. He imposed a $745 fine for driving without insurance and a $50 fine for arriving late to court.

Teagan told the judge she couldn’t immediately pay the fine but would be able to pay just over a week later. Patten sentenced her to serve 60 days in jail, suspending the sentence on the condition that she pay the total amount within nine days.


Supreme Court rejects fast-track review of health care suit
Legal Career News | 2020/01/21 16:15
The Supreme Court refused Tuesday to consider a fast-track review of a lawsuit that threatens the Obama-era health care law, making it highly unlikely that the justices would decide the case before the 2020 election.

The court denied a request by 20 mainly Democratic states and the Democratic-led House of Representatives to decide quickly on a lower-court ruling that declared part of the statute unconstitutional and cast a cloud over the rest.

Defenders of the Affordable Care Act argued that the issues raised by the case are too important to let the litigation drag on for months or years in lower courts, and that the 5th U.S. Circuit Court of Appeals in New Orleans erred when it struck down the health law's now toothless requirement that Americans have health insurance.

The justices did not comment on their order. They will consider the appeal on their normal timetable and could decide in the coming months whether to take up the case.


Connecticut courts moving notices from newspapers to website
Legal Career News | 2019/12/26 09:06
The Connecticut court system will usher in the new year by moving required public notices to its website and out of newspapers, citing lower costs and the potential to reach a wider audience.

Media representatives, however, believe the move will result in fewer residents being informed of important legal matters and will be another blow to news companies already dealing with huge declines in revenues. A single public notice can cost a few hundred dollars to run in a newspaper.

It's a concept that's been debated by government officials across the country, but so far one that appears to have gained little traction amid opposition by newspapers.

“State government’s thirst for keeping information out of the public hands knows no bounds," said Chris VanDeHoef, executive director of the Connecticut Daily Newspapers Association. “Every branch of government in our state should be focused on getting information that is pertinent to the citizens of Connecticut out in as many places possible — not fewer.”

The Connecticut Judicial Branch has set up a legal notices section on its website that will go live on Jan. 2, when it ends the requirement to publish them in newspapers.

“It is expected that this will save a great deal of time and expense, and provide greater accuracy and broader notice than newspaper publication," the Judicial Branch said in a statement on its website announcing the move.

Most of the notices at issue are intended for people involved in civil and family court cases, usually defendants, who cannot be located because their current addresses are unknown. While a good portion of the publishing costs are paid for by litigants, the Judicial Branch foots the bill for a large number of people who cannot afford it, officials said.


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