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Nevada Officials Won't Defend Gay Marriage Ban
Legal Focuses |
2014/02/13 22:40
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In an about-face, Nevada has decided against defending its constitutional ban on same-sex marriages, the latest step in a series of battles being waged across the nation on the volatile issue.
Nevada's attorney general and governor said Monday that they won't defend the state's gay marriage ban pending before a federal appeals court, saying a recent court decision made the state's arguments "no longer defensible."
Attorney General Catherine Cortez Masto filed a motion with the 9th Circuit Court of Appeals that said Nevada's legal arguments supporting the voter-approved prohibition aren't viable in light of the court's recent ruling that said potential jurors cannot be removed from a trial during jury selection solely because of sexual orientation.
"After thoughtful review and analysis, the state has determined that its arguments grounded upon equal protection and due process are no longer sustainable," Masto said in a statement.
Nevada's move comes as courts around the country and the federal government have chipped away at laws that prohibit same-sex marriage and benefits in recent months. Meanwhile, some states and interest groups have rallied to defend limiting marriage to between a man and a woman. |
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SKorea court invalidates Ssangyong layoffs
Legal Focuses |
2014/02/10 22:08
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A South Korean appeal court said the layoff of 153 employees at Ssangyong Motor Co. in 2009 was unjustified, in a belated victory for auto workers who fought pitched battles with riot police at the time.
The 153 were among 2,600 workers that Ssangyong tried to shed in 2009, sparking South Korea's worst labor strife in years. A spate of suicides among Ssangyong workers and family members followed the automaker's restructuring.
If Supreme Court of Korea upholds the ruling, the workers will be able to return to the company now owned by Indian conglomerate Mahindra & Mahindra Ltd.
The appeal court said Friday the layoffs in 2009 could not be justified because it was not clear that the job cuts were vital to Ssangyong's survival.
To justify the layoffs, Ssangyong exaggerated its losses by under-reporting auto sales and omitting future cash-flow from new models, the court said in a statement.
The maker of SUVs and luxury sedans was hit by the 2008 financial crisis and slumping sales, but Judge Cho Hae-hyeon said the automaker did not go to sufficient lengths to save jobs.
Kwon Young-gook, the attorney who represented former Ssangyong workers, said the unexpected ruling was a victory for justice.
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State appeals court rejects power plant approval
Court Line |
2014/02/10 22:07
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A state appeals court has rejected approval of Pacific Gas and Electric Co.'s planned new natural gas power plant in Contra Costa County.
The 1st District Court of Appeal in San Francisco said the California Public Utilities Commission approved the plant in Oakley without hearing firsthand from anyone that it was needed.
The court issued its 3-0 ruling on Wednesday. The Contra Costa Times reports (http://bit.ly/1e9Ew76) that the court has previously also turned back the commission's approval of the plant.
PG&E spokeswoman Tamar Sarkissian told the newspaper the utility was carefully reviewing the court's ruling.
Supporters say California needs more energy production, and the 586-megawatt plant would help.
Opponents say the state should be moving away from fossil fuels to other, cleaner energy sources. |
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Case challenging gay-marriage ban heard in Va.
Legal News |
2014/02/06 23:36
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In a case that could give gay marriage its first foothold in the old Confederacy, a federal judge will hear arguments Tuesday on whether Virginia's ban on gay marriage should be struck down _ the position the state's newly elected Democratic attorney general has endorsed, angering many Republican lawmakers.
In January, Attorney General Mark Herring's office notified the federal court in Norfolk that it would not defend the 2006 voter-approved constitutional amendment in a lawsuit. Republicans have accused Herring of abandoning his responsibility to defend the state's laws. On Tuesday morning, a handful of protesters gathered at the courthouse. They shouted phrases decrying his position and carried signs: "Herring's herring. AG's must uphold the law."
Across the street, gay-marriage supporters _ in about equal numbers _ shouted their support for the plaintiffs and carried signs saying "Marry who you love."
Newly elected Democratic Gov. Terry McAuliffe has rebuffed calls to appoint outside counsel to defend the ban. On Monday, Republicans in the House passed a bill that would give lawmakers standing in lawsuits where the attorney general and governor have chosen not to participate. |
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Teens charged in death of Australian due in court
Legal Focuses |
2014/02/06 23:35
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Three teenagers accused of fatally shooting an Australian baseball player as he jogged down an Oklahoma street, allegedly because they were bored, are expected in court Tuesday for a hearing that could reveal details about the case.
Police allege that Chancey Allen Luna and James Francis Edwards Jr., who are both 16, and Michael Dewayne Jones, 18, randomly targeted and shot Chris Lane last summer. Each teenager is charged with first-degree murder.
Lane's death garnered heavy media coverage in both the U.S. and Australia, prompting the judge to issue a gag order barring anyone involved from talking about the case outside court. That means little information has been released since the 22-year-old Melbourne native was shot in the back and died in August.
But investigators have said Lane was shot while jogging down a tree-lined street near the home of his girlfriend's parents in Duncan, about 80 miles south of Oklahoma City. He and his girlfriend had just returned to Oklahoma after visiting Australia, and he was preparing for his senior season playing catcher at East Central University in Ada, about 90 miles east of Duncan. |
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