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Court won’t hear case over grant to Planned Parenthood
Legal PR | 2015/11/16 06:02

The Supreme Court has rejected an anti-abortion group’s bid to force disclosure of confidential Planned Parenthood and federal government records about a contract for family planning services in New Hampshire.

The justices on Monday let stand a ruling that allowed the U.S. Health and Human Services Department to withhold some documents in a Freedom of Information Act lawsuit filed by New Hampshire Right to Life.

Abortion opponents objected to a $1 million contract HHS awarded Planned Parenthood in 2011 for family planning services in New Hampshire. The move followed action by the state’s Executive Council to stop a long-standing practice of funneling federal money to the clinics. Councilors who opposed funding Planned Parenthood said they didn’t want grant money given to the organization because it provides abortions using private funds.


Lufthansa cancels 930 flights Wednesday due to strike
Attorney News | 2015/11/15 06:03

Lufthansa has canceled 930 flights scheduled for Wednesday at three hubs in Germany after efforts failed to halt an ongoing strike by flight attendants.

The cancellations affect 100,000 travelers going to or from Frankfurt, Munich and Duesseldorf.

They were announced even as the airline and the union said late Tuesday they were open to mediation.

Officials for the UFO flight attendants union did not call a halt to the ongoing stoppages at Frankfurt, Munich and Duesseldorf, but indicated they would be open to mediation under certain conditions, the dpa news agency reported. A mediation proposal had been sent by the company.

As things stood, the union was to strike long-haul and local flights Wednesday through Friday at the three airports. The strike action started Friday and took a break Sunday.

Lufthansa has been able to carry out most flights despite extensive cancellations.

A court decision in the German city of Duesseldorf added to uncertainty. The labor court there ordered a temporary halt to the strike in that town, saying the strike's goals were not clearly formulated.

Court spokeswoman Anke Salchow said the decision only applied Tuesday. The court was to hear another request from Lufthansa on Wednesday.




Ruling gives Sandusky back $4,900-a-month Penn State pension
Court Line | 2015/11/13 06:03

The state must restore the $4,900-a-month pension of former Penn State assistant football coach Jerry Sandusky that was taken away three years ago when he was sentenced to decades in prison on child molestation convictions, a court ordered Friday.

A Commonwealth Court panel ruled unanimously that the State Employees' Retirement Board wrongly concluded Sandusky was a Penn State employee when he committed the crimes that were the basis for the pension forfeiture.

"The board conflated the requirements that Mr. Sandusky engage in 'work relating to' PSU and that he engage in that work 'for' PSU," wrote Judge Dan Pellegrini. "Mr. Sandusky's performance of services that benefited PSU does not render him a PSU employee."

Sandusky, 71, collected a $148,000 lump sum payment upon retirement in 1999 and began receiving monthly payments of $4,900.

The board stopped those payments in October 2012 on the day he was sentenced to 30 to 60 years in prison for sexually abusing 10 children. A jury found him guilty of 45 counts for offenses that ranged from grooming and fondling to violent sexual attacks. Some of the encounters happened inside university facilities.

The basis for the pension board's decision was a provision in the state Pension Forfeiture Act that applies to "crimes related to public office or public employment," and he was convicted of indecent assault and involuntary deviate sexual intercourse.

The judges said the board's characterization of Sandusky as a Penn State employee at the time those offenses occurred was erroneous because he did not maintain an employer-employee relationship with the university after 1999.

The judges ordered the board to pay back interest and reinstated the pension retroactively, granting him about three years of makeup payments.


Kansas court's approval of death sentence not seen as shift
Attorney News | 2015/11/13 06:01

Even though the state Supreme Court recently upheld a death sentence for the first time under the state’s 1994 capital punishment law, Kansas isn’t likely to see executions anytime soon or a shift in how the justices handle capital murder cases.

“Symbolically, there is something different,” said Robert Dunham, head of the anti-capital punishment, nonprofit Death Penalty Information Center. “But I wouldn’t read too much into it.”

Several prosecutors are encouraged by this month’s decision in the case of John E. Robinson Sr. ? who was sentenced to die for killing two women in 1999 and 2000 and tied by evidence or his own admission to six other deaths, including a teenage girl, in Kansas and Missouri ? saying it showed it is possible to preserve a death sentence on appeal in Kansas.

Two Kansas law professors said the 415-page decision in John E. Robinson’s case issued earlier this month suggests the Supreme Court’s examination of future capital cases will remain as thorough as it has been.

The high court’s past decisions overturning death sentences inspired a campaign that almost succeeded in ousting two justices in last year’s elections and handed republican Gov. Sam Brownback a potent issue in the final weeks of his race for re-election. And there are more capital cases before the justices.

Only four days after the Robinson decision, Frazier Glenn Miller Jr., an avowed anti-Semite, was sentenced to death for the fatal shootings of three people at Jewish sites in the Kansas City suburbs.



Mississippi Supreme Court narrowly grants same-sex divorce
Court Line | 2015/11/06 22:46

The Mississippi Supreme Court voted to allow a lesbian couple to seek a divorce, even as two justices questioned the U.S. Supreme Court ruling legalizing same-sex marriage and suggested that landmark ruling has no constitutional basis.
 
The decision Thursday came after DeSoto County Chancery Judge Mitchell Lundy Jr. ruled in 2013 that the Mississippi Constitution and state law prevented him from granting a divorce to Lauren Czekala-Chatham and Dana Ann Melancon because the state didn't recognize same-sex marriage.

Czekala-Chatham appealed, and it was initially opposed by Mississippi Attorney General Jim Hood, a Democrat. However, Hood asked the court to allow the divorce after the June 26 ruling from the U.S. Supreme Court.

On Friday, same-sex couples will be in federal court seeking to overturn Mississippi's last-in-the-nation ban on adoption by gay couples.

In the Mississippi court's divorce ruling, five of nine justices said in a two-page order that because Hood had reversed his position, "we find no contested issues remain" and sent the case back to DeSoto County for further action.

Justices Leslie King and James Kitchens agreed with the outcome, but dissented, calling for the court to issue a full opinion. King and Kitchens called for Mississippi to overturn its ban on same-sex marriage and grant the divorce in February.

Czekala-Chatham and Melancon were married in San Francisco in 2008 and bought a house in Mississippi before separating in 2010. Czekala-Chatham said she hopes to soon be divorced from her wife, who now lives in Arkansas.



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