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N. Ind. court helps veterans get back on track
Court Line | 2013/11/11 21:28

A northern Indiana judge is helping troubled veterans get their lives back in order.

Porter Superior Judge Julia Jent started the Veterans Treatment Court slightly more than two years ago. Case managers, mental health professionals, prosecutors and public defenders work to help veterans who have had a run-in with the law try to solve some of the problems they are facing.

On Friday, six military veterans who graduated from the program. Sixty-three-year-old Paul Hake of Porter says it completely change his life. Hake is a Marine veteran who served in Vietnam. He says he had a problem with alcohol, but now he has his life back.

The class was the third graduating class since the program began.



Appeals court rejects secret Delaware arbitration
Court Line | 2013/10/23 18:13

A federal appeals court has upheld a ruling declaring that a Delaware law allowing chancery judges to oversee secret arbitration in high-stakes business disputes is unconstitutional.

A three-judge panel of the Third U.S. Circuit Court of Appeals ruled 2-to-1 Wednesday to uphold a federal judge's ruling in favor of the Delaware Coalition for Open Government, which challenged the law.

DelCOG, backed by The Associated Press, The New York Times and several other major news organizations, claimed in its lawsuit that the secret arbitration conducted by Delaware's Chancery Court violated the First Amendment rights of citizens to attend judicial proceedings and access court records.

Attorneys for the state argued that secret arbitration made the Chancery Court more efficient and generated revenue for Delaware, corporate home to thousands of companies.


Court: Right-to-work law applies to state workers
Court Line | 2013/08/19 20:41

Michigan's right-to-work law applies to 35,000 state employees, a divided state appeals court ruled Thursday in the first major legal decision on the much-debated measure eight months after it passed.

Judges voted 2-1 to reject a lawsuit filed by unionized workers who make up more than two-thirds of all state employees. In a state with a heavier presence of organized labor than most, thousands of protesters came to the Capitol late last year as the Republican-backed measure won quick approval in a lame-duck session.

The law prohibits forcing public and private workers in Michigan to pay union dues or fees as a condition of employment, and applies to labor contracts extended or renewed after late March. It went to court after questions were raised whether it can affect state employees, since the Michigan Civil Service Commission, which sets compensation for state employees, has separate powers under the state constitution.

The court's majority said legislators have broad authority to pass laws dealing with conditions of "all" employment while the panel has narrow power to regulate conditions of civil service employment.

"In light of the First Amendment rights at stake, the Michigan Legislature has made the policy decision to settle the matter by giving all employees the right to choose," Judges Henry Saad and Pat Donofrio wrote, adding that legislators decided to "remove politics from public employment and to end all inquiry or debate about how public sector union fees are spent."

Dissenting Judge Elizabeth Gleicher said the court's decision strips the civil service panel of its "regulatory supremacy" clearly laid out in the constitution, which allows the four-member commission to regulate "all conditions of employment" for civil service workers.


Appeals court to hear dispute over BP settlement
Court Line | 2013/07/08 15:19

A federal appeals court is wading into a high-stakes dispute over the terms of a multibillion-dollar settlement of claims arising from BP's massive 2010 oil spill in the Gulf of Mexico.

A three-judge panel of the 5th U.S. Circuit Court of Appeals is scheduled to hear arguments Monday by attorneys for the London-based oil giant and for Gulf Coast businesses that say the nation's worst offshore oil spill cost them money.

BP asserts that the judge who approved the deal and a court-appointed claims administrator have misinterpreted the settlement, allowing thousands of businesses to secure hundreds of millions of dollars in payments for inflated and fictitious losses.

"The result is that thousands of claimants that suffered no losses are coming forward in ever-increasing numbers, seeking and obtaining outrageous windfalls and making a mockery of what was intended to be a fair and honest court-supervised settlement process," company attorneys wrote in their brief for the hearing.


Battle between SC Episcopalians back state court
Court Line | 2013/06/15 01:38

The legal fight between two factions of South Carolina Episcopalians will be decided in state court.

U.S. District Judge C. Weston Houck has issued an order saying the federal court has no jurisdiction and hearing the case would disrupt the balance between state and federal courts. Houck heard arguments in the dispute last week.

The conservative Diocese of South Carolina last year separated from the more liberal national Episcopal Church. The break-away churches then sued in state court to protect the use of the name and a half billion dollars' worth of property.

Parishes remaining with the national church then sued in federal court saying the case raised First Amendment and other federal issues.

But Houck disagreed and late Monday sent the case back to state court.


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