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Polish prosecutors investigate court head for abuse of power
Court News | 2016/08/19 17:28
Polish prosecutors have opened an investigation into the head of the country's Constitutional Tribunal to determine if he abused his power in not allowing judges appointed by the ruling party to take part in rulings.
 
The investigation into Andrzej Rzeplinski, which opened Thursday, is the latest development in an ongoing conflict between the Polish government and the constitutional court, whose role is similar to the U.S. Supreme Court.

The government's conflict with the court has raised international concerns about the state of democracy in Poland, and the political opposition and other critics have slammed the investigation into Rzeplinski as an attack on the separation of powers.

Amid the conflict, Rzeplinski has emerged as one of the key symbols of resistance against the right-wing government, which has moved to centralize power since winning elections last year. The investigation is seen by many as an attempt to discredit him since he enjoys, at least for now, immunity from prosecution. His term as head of the court also expires in December.



Egyptian lawyer, journalist released after prison sentence
Court News | 2016/08/09 18:23
Egyptian authorities have released two prominent human rights activists who had been jailed for over a year for demonstrating against police brutality.

Lawyer Mahienour el-Masry and journalist Youssef Shabaan were freed Saturday after serving 15 months in jail having been convicted of "storming a police station" at a demonstration in the coastal city of Alexandria in 2013.

El-Masry had been incarcerated before for her activism, and in 2014 received the Ludovic Trarieux Human Rights Award while on hunger strike in prison. Hunger striking is often used in Egypt to protest ill treatment and lack of due process.

Egypt has undergone an unprecedented crackdown on free speech, political opposition and any dissent under general-turned-President Abdel-Fattah el-Sissi, who has promised stability and the revival of a still-faltering economy in need of reform.


Indiana officer accused of shooting detective due in court
Court News | 2016/08/02 18:24
An Indianapolis police officer who allegedly shot and wounded a fellow officer is due in court for a hearing to face an attempted murder charge.

Officer Adrian Aurs is scheduled to appear Thursday afternoon in a Marion County courtroom for an initial hearing on the attempted murder charge.

Authorities say Aurs shot an Indianapolis police detective July 29 as that officer was interviewing Aurs' estranged wife about a domestic violence incident.

The detective suffered non-life-threatening injuries to his right side and arm.

Aurs allegedly fled his wife's Indianapolis apartment in his truck after the shooting. Cincinnati police arrested the 17-year department veteran early Saturday and he was returned to Indianapolis on Tuesday after waiving extradition.

Aurs' defense attorney, James Voyles, has not returned messages seeking comment.



High court rejects Google's appeal in class action lawsuit
Court News | 2016/06/07 10:33
The Supreme Court won't hear an appeal from Google over a class action lawsuit filed by advertisers who claim the internet company displayed their ads on "low quality" web sites.
 
The justices on Monday let stand a lower court ruling that said the lawsuit representing hundreds of thousands of advertisers using Google's AdWords program could go forward.

Google argued that a federal appeals court in San Francisco should not have approved the class action because damages must be calculated individually for each company advertiser. The appeals court rejected that argument and approved use of a formula that would calculate harm based on the average advertiser's experience.

Google runs what is by far the world's largest digital ad network. It generated $67 billion in revenue last year.



High court sides with property owners in wetlands case
Court News | 2016/06/01 10:32
The Supreme Court is making it easier for landowners to bring a court challenge when federal regulators try to restrict property development due to concerns about water pollution.

The justices ruled unanimously Tuesday that a Minnesota company could file a lawsuit against the U.S. Army Corps of Engineers over the agency's determination that its land is off limits to peat mining under the Clean Water Act.

The ruling is a win for property rights and business groups that said it was unfair for government agencies to decide what land is subject to complex environmental laws without a court ever deciding whether the agency is right.

It was the second time in four years that the high court sided with property owners against the government in a dispute over the right to challenge a designation of protected wetlands.

The Obama administration argued that the Hawkes Company could only contest the finding by seeking a permit, an expensive process that could take years to resolve. The company said it should be able to challenge the order immediately in federal court without having to spend more than $100,000 on a permit or risk hefty fines.

Writing for the court, Chief Justice John Roberts said the Corps' decision was the kind of final decision that carries a risk of major criminal and civil penalties if landowners don't go along. He said property owners shouldn't have to wait for the agency to "drop the hammer in order to have their day in court."

The case began when the East Grand Forks, Minnesota, company planned to expand its peat processing operations and asked the Corps for guidance. The agency issued a determination that the property was governed by the Clean Water Act because it affected the Red River of the North about 120 miles away.



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