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California's Nazi Art Law Unconstitutional
Headline Legal News |
2009/08/24 13:48
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According to Courthouse News, a state law that allows Californians to recover art stolen by Nazis is unconstitutional because it infringes on the federal government's foreign affairs powers, the 9th Circuit ruled in a case involving a16th century piece by Lucas Cranach in the Norton Museum of Art in Pasadena.
The circuit found that the scope of the 2002 statute is too broad and goes beyond providing redress to California's victims of Nazi looting.
According to circuit Judge David R.Thompson, the law's language "suggests that California's real purpose was to create a friendly forum for litigating Holocaust restitution claims, open to anyone in the world to sue a museum or gallery located within or without the state." |
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Military Workers Get $100K Death Benefit
Headline Legal News |
2009/08/21 09:04
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According to Courthouse News, every workers-compensation death benefit to eligible survivors of certain federal employees will be for $100,000, the Labor Department says. The federal employees at issue, in new regulations under the Federal Employee's Compensation Act, are those who die of injuries "incurred in connection with service with an Armed Force in a contingency operation." Survivors who already have received death benefits under another program will not receive the full amount.
Occupational diseases apply along with traumatic injuries, and it does not matter how long after that injury the employee dies. |
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Proposition 8 Trial Set For January
Headline Legal News |
2009/08/20 09:09
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According to Courthouse News, the trial challenging Proposition 8, California's voter-approved ban on same-sex marriage, begins Jan. 11, a federal judge announced.
US District Court Judge Vaughn Walker will oversee the trial challenging as unconstitutional the November 2008 vote that defined marriage in California as being between a man and a woman. |
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Lawyers Ask Judge To Lift Ban On Electronic Cigarettes
Headline Legal News |
2009/08/19 09:07
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The National Law Journal reports lawyers for electronic cigarette distributors told a federal judge on Monday that their clients do not market their products as a way to quit smoking, and that the Food and Drug Administration was acting like "a dog chasing its own tail" as it tried to explain why it was barring shipments of the devices into the United States.
Appearing Monday afternoon at the US District Court for the District of Columbia, attorneys for Smoking Everywhere and NJoy asked Judge Richard Leon for a preliminary injunction that would lift the FDA's embargo on their products. The companies sued the FDA in April, claiming the agency had erroneously classified e-cigarettes as unapproved drug devices, and banned imports of them into the states.
Justice Department attorney Drake Cutini, representing the FDA, contended that the e-cigarette companies were marketing their products using health claims, including customer testimonials that the devices helped them quit smoking. |
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Vision-Impaired Transit Riders Lose ADA Claims
Headline Legal News |
2009/08/18 09:06
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Courthouse News reports that the 9th Circuit dismissed the claim that the Bay Area Rapid Transit violated disability law by not making its steps and handrails more accessible to vision-impaired riders.
A three-judge panel in San Francisco overturned a federal judge's ruling that BART violated the Americans with Disabilities Act by not offering accessible handrails or color-contrast striping on stairs.
US District Judge Claudia Wilken conceded that, despite complaints from vision-impaired riders, BART was in compliance with the Department of Transportation's regulations. However, she found those regulations "both arbitrary and capricious and plainly contrary" to the ADA.
She awarded the plaintiffs, two sight-impaired BART riders, $35,000 in compensatory damages, plus legal costs and attorney fees. She also ordered BART to take specific steps to improve accessibility for riders with poor vision. |
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