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Court sides with S. Ind. city in man's injury suit
Attorney News |
2014/01/06 18:54
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The Indiana Court of Appeals has upheld a lower court's ruling that the Ohio River city of Madison is not liable for injuries a man suffered when he tripped on a sewer grate.
Brad Haskin suffered a ruptured Achilles tendon in July 2008 when he tripped on the grate while walking from Madison's riverfront. He sued Madison in 2009, alleging it was negligent in maintaining the sewer drain and did not properly illuminate it.
The Madison Courier reports a Jefferson County judge had ruled that under Indiana law a city cannot be held liable for injuries caused by infrastructure like the grate that had been unchanged for 20 or more years.
The appellate agreed with that ruling, finding that the city was immune from liability in the case. |
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Utah asks Supreme Court to block gay marriage
Legal Focuses |
2014/01/02 21:38
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Utah took its fight against gay marriage to the U.S. Supreme Court on Tuesday, asking the high court to suspend same-sex unions that became legal when a judge struck down the state's voter-approved ban.
The heavily Mormon state wants the marriages to stop while it appeals a judge's decision, which said banning gay couples from marrying violates their right to equal treatment under the law.
In papers filed Tuesday, the state asked Justice Sonia Sotomayor to overturn a decision that has led to more than 900 gay marriages in Utah. Sotomayor handles emergency requests from Utah and other Rocky Mountain states.
Sotomayor responded with a request for legal briefs from same-sex couples by Friday at noon. She can act by herself or get the rest of the court involved.
"Numerous same-sex marriages are now occurring every day in Utah," Utah lawyers complain in the filing. "Each one is an affront not only to the interests of the state and its citizens in being able to define marriage through ordinary democratic channels, but also to this court's unique role as final arbiter."
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Court order needed to stop Pa. center utilities
Legal Focuses |
2014/01/02 21:25
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A judge says a court order is needed to shut off lights and other utilities at Pittsburgh's struggling August Wilson Center for African American Culture.
Allegheny County Judge Lawrence O'Toole on Monday approved an order sought by the center's court-appointed conservator to keep the downtown facility running.
The ruling covers water and electricity as well as sewage treatment, telephone and Internet services.
An attorney for Duquesne Light said the center owes the electric company $38,000 and is running bills of $10,000 a month.
The center, which opened in 2009, is named after late Pulitzer prize-winning playwright August Wilson, who was born in Pittsburgh.
Dollar Bank began foreclosure proceedings in September after the center defaulted on its $7 million mortgage. |
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Minnesota Supreme Court Agrees To Hear Assisted Suicide Case
Court Watch |
2013/12/30 21:22
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The Minnesota Supreme Court will consider the case of a national right-to-die group accused of playing a role in the 2007 suicide of an Apple Valley woman.
The high court agreed to hear Dakota County prosecutors' appeal of a Minnesota Court of Appeals ruling in September that a state law prohibiting advising or encouraging suicide was unconstitutional on free speech grounds, the Star Tribune reported Friday (http://strib.mn/JhC7zY ). The Appeals Court, however, sent charges of aiding and abetting suicide against the Florida-based group Final Exit Network and two members back to a district court for trial.
The Supreme Court also agreed in an order dated Dec. 17 to hear the cross-appeal of Final Exit Network, which says all of the charges are unconstitutional. The high court did not set a date for oral arguments.
The high court also stayed all proceedings in the Final Exit case pending its ruling in the separate case of William Melchert-Dinkel, of Faribault, an ex-nurse who was convicted in 2011 of "advising and encouraging" the suicides of a man in England and a teenager in Canada. The Court of Appeals upheld his conviction last year. The Supreme Court heard oral arguments in May.
Robert Rivas, an attorney for Final Exit, said the group believes the Appeals Court decision was correct. |
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Tenino man pleads guilty to child pornography
Court Line |
2013/12/30 21:22
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The U.S. attorney's office says a Tenino man pleaded guilty Friday in federal court in Tacoma to possession of child pornography.
As part of a plea agreement, prosecutors are recommending a four-year prison term when 47-year-old James Donald Mobley is sentenced in March.
The U.S. attorney's office says the former teacher at Tenino Elementary School is one of 348 people arrested worldwide as part of the "Project Spade" investigation into a Toronto-based website.
Investigators found Mobley purchased child pornography from the company. He was arrested last January. A search of his computer found 650 photos and 45 videos of child pornography. |
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