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GOP candidates would cut federal judges' power
Headline Legal News |
2011/10/24 10:42
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Most of the Republican presidential candidates want to wipe away lifetime tenure for federal judges, cut the budgets of courts that displease them or allow Congress to override Supreme Court rulings on constitutional issues.
Any one of those proposals would significantly undercut the independence and authority of federal judges. Many of the ideas have been advanced before in campaigns to court conservative voters.
This time, though, six of the eight GOP candidates are backing some or all of those limits on judges, even though judges appointed by Republican presidents hold a majority on the Supreme Court and throughout the federal system.
A group that works for judicial independence says the proposals would make judges "accountable to politicians, not the Constitution."
Bert Brandenburg, executive director of the Justice at Stake Campaign, said, "Debates like these could threaten to lead to a new cycle of attempts to politicize the courts."
Only the former governors in the race, Mitt Romney of Massachusetts and Jon Huntsman of Utah, have not attacked federal judges in their campaigns.
Former House Speaker Newt Gingrich has been the most outspoken critic of the courts. He would summon judges before Congress to explain their decisions and consider impeaching judges over their rulings. |
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US appeals court upholds roadless rule in forests
Headline Legal News |
2011/10/23 10:42
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A federal appeals court on Friday upheld a rule prohibiting roads on nearly 50 million acres of land in national forests across the United States, a ruling hailed by environmentalists as one of the most significant in decades.
Mining and energy companies, however, say it could limit development of natural resources such as coal, oil and natural gas.
The 10th U.S. Circuit Court of Appeals backed the 2001 Roadless Area Conservation Rule after lawyers for the state of Wyoming and the Colorado Mining Association contended it was a violation of the law.
Supporters of the roadless rule say the court's decision preserves areas where outdoor enthusiasts like to hunt, fish, hike and camp. It also protects water quality and wildlife habitat for grizzly bears, lynx and Pacific salmon, supporters say.
"Without the roadless rule, protection of these national forests would be left to a patchwork management system that in the past resulted in millions of acres lost to logging, drilling and other industrial development," said Jane Danowitz, director of the Pew Environment Group's U.S. public lands program.
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Federman & Sherwood Announces Class Action Lawsuit
Court Watch |
2011/10/22 10:42
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On October 19, 2011, a class action lawsuit was filed in the United States District Court for the Eastern District of Missouri against K-V Pharmaceutical Company. The complaint alleges violations of federal securities laws, Sections 10(b) and 20(a) of the Securities Exchange Act of 1934 and Rule 10b-5, including allegations of issuing a series of material misrepresentations to the market which had the effect of artificially inflating the market price, and the manufacture and distribution of unapproved drugs through its two (2) subsidiaries, Ther-Rx and ETHEX. The class period is from February 14, 2011 through April 4, 2011.
Plaintiff seeks to recover damages on behalf of the Class. If you are a member of the Class as described above, you may move the Court no later than Monday, December 19, 2011, to serve as a lead plaintiff for the Class. However, in order to do so, you must meet certain legal requirements pursuant to the Private Securities Litigation Reform Act of 1995.
If you wish to discuss this action, participate in this or any other lawsuit, or have any questions or concerns regarding this notice, or preservation of your rights, please contact:
William B. Federman
FEDERMAN & SHERWOOD
www.federmanlaw.com
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Ruth's Chris workers seek class-action status
Headline Legal News |
2011/10/22 09:35
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Current and former female employees of Ruth's Chris Steak House have sued the company alleging gender discrimination and seeking class-action status.
Last week's filing came after U.S. District Judge Barbara Rothstein in Washington, D.C., ruled that a smaller lawsuit alleging gender discrimination against the company could be amended to seek class action status.
The lawsuit had previously been limited to three individual plaintiffs. The class action lawsuit would be on behalf of all female employees at the company's headquarters and restaurants from September 2006 to the present.
The women allege that the restaurant operator conducted a pattern and practice of gender discrimination, including compensating men more than women, subjecting women to sexist comments, and disciplining women more harshly than men.
"The work environment at RCSH is one that is demeaning to women, reflects a culture of male domination and female subjugation, and is a causative factor in the discrimination against women in compensation, promotion, and termination," the lawsuit said.
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Court orders new trial for convicted Cass County killer
Legal Business |
2011/10/21 09:35
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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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