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West Virginia high court excludes inmates from workers' comp
Court Watch |
2017/06/13 13:46
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Inmates participating in work-release programs do not quality for workers' compensation benefits, the West Virginia Supreme Court ruled has ruled.
The court on Thursday unanimously affirmed a Workers' Compensation Board of Review's 2015 decision to not grant workers' compensation to a work release inmate named William F. Crawford, the Charleston Gazette-Mail reported. Crawford's hand was severely injured in a wood chipper in 2013 while he was working on a road crew for the state Division of Highways.
He was employed by the Charleston Work Release Center, now called the Charleston Correctional Center. Inmates live and work there as they prepare to re-enter society after leaving prison.
Crawford's injury required hospitalization and surgery, and his ring and pinky fingers were partially amputated. The state Department of Corrections covered his medical expenses, which exceeded $90,000. He was released on parole shortly after his hospitalization.
Court documents say Crawford sought workers' compensation benefits because "lack of treatment has put him at a significant disadvantage in re-entering society." He had appealed the board of review's decision, saying state law didn't clarify coverage exclusion for work-release inmates. He also said his equal protection rights had been violated, arguing that inmates working for private businesses would receive the benefits, while inmates working for a state agency would not.
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Texas advances new abortion limits despite court defeats
Court Watch |
2017/05/18 14:59
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Texas' Republican-controlled Legislature late Friday advanced tough new limits on abortion— hitting back at a U.S. Supreme Court decision last summer striking down most of the sweeping restrictions on the procedure that America's second-largest state approved four years ago.
The Texas House voted 96-47 on legislation that bans a commonly used second-trimester abortion procedure, known as dilation and evacuation, similar to laws that courts have blocked in Alabama, Oklahoma, Kansas and Louisiana. It further directed doctors performing the procedure in Texas to face felony charges.
Those contentious provisions were tacked onto a broader bill requiring the burial or cremation of fetal remains from abortions, even though a federal judge has already blocked an existing state rule mandating the same thing.
The measure also bars sale or donation of fetal tissue, something GOP-majority legislatures around the country have sought since the release of heavily edited, secretly recorded videos shot inside Planned Parenthood clinics by an anti-abortion group in 2015. Federal law already prohibits sale of fetal tissue.
Final approval should come Saturday. The proposal previously cleared the state Senate, but will have to return there because the House so expanded its scope. That chamber is even more conservative, though, and passage should be easy. |
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Justices turn away GM appeal over ignition switches
Court Watch |
2017/05/12 06:04
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The Supreme Court on Monday turned away an appeal from General Motors Co. seeking to block dozens of lawsuits over faulty ignition switches that could expose the company to billions of dollars in additional claims.
The justices without comment left in place a lower court ruling that said the automaker's 2009 bankruptcy did not shield it from liability in the cases.
A federal appeals court ruled last year that GM remains responsible for ignition-switch injuries and deaths that occurred pre-bankruptcy because the company knew about the problem for more than a decade but kept it secret from the bankruptcy court.
The company had argued that well-established bankruptcy law allowed the newly reorganized GM to obtain the old company's assets "free and clear" of liabilities.
GM recalled 2.6 million small cars worldwide in 2014 to replace defective switches that played a role in at least 124 deaths and 275 injuries, according to a victims' fund set up by GM and administered by attorney Kenneth Feinberg.
The automaker has paid nearly $875 million to settle death and injury claims related to the switches. That includes $600 million from Feinberg's fund and $275 million to settle 1,385 separate claims. It also has paid $300 million to settle shareholder lawsuits. But many others are pursuing their claims in court.
After it emerged from the government-funded bankruptcy, the company referred to as New GM was indemnified against most claims made against the pre-bankruptcy company, known as Old GM. A bankruptcy court sided with the company in 2015, ruling that most claims against Old GM could not be pursued.
But the appeals court in Manhattan overturned most of that decision and said hundreds of pre-bankruptcy claims could go forward.
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Idaho Judicial Council accepting applications for high court
Court Watch |
2017/05/01 13:58
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An opening on the Idaho Supreme Court won't be filled through an election but through an application process.
Supreme Court Justice Daniel Eismann announced earlier this year he will retire in August — 16 months before the end of his current six-year term.
Because Eismann is stepping down early, the Idaho Judicial Council will solicit applications and recommend up to four names to the governor for appointment instead of waiting until the 2018 election, The Spokesman-Review reported. Idaho's Supreme Court positions are nonpartisan.
It's a merit-based process that had been used primarily to replace outgoing justices until this past year when former Idaho Supreme Court Justice Jim Jones announced he would retire at the end of his term.
"I would never have been on the court if the only avenue was to go through the Judicial Council and be appointed by the governor," said Jones, 74, who was twice elected Idaho attorney general. "It just didn't even occur to me as a possibility, because if you've been involved in the political arena, you probably at one time or another have stepped on the toes of whoever ends up being governor."
Eismann joined the state's highest court in 2001 after successfully running against incumbent Justice Cathy Silak. That election was the first time in 68 years that a sitting supreme court justice had been ousted in an election.
He caused a stir when he decided to announce his election campaign at a Republican Party event in eastern Idaho. He has since become one of the most outspoken justices, known for his tough questioning and advocating for specialty courts throughout Idaho.
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Judge W. Brent Powell Appointed to Missouri Supreme Court
Court Watch |
2017/04/27 13:57
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Jackson County Circuit Judge W. Brent Powell was appointed Tuesday to the Missouri Supreme Court, marking the first high-profile judicial selection by new Republican Gov. Eric Greitens.
Powell will replace former Judge Richard Teitelman, who died in November at his home in St. Louis.
Powell, a 46-year-old Kansas City resident, was appointed by former Republican Gov. Matt Blunt as a Jackson County judge in 2008. He previously spent seven years as an assistant U.S. attorney in Kansas City and also worked as an assistant Platte County prosecutor.
Greitens said Powell has established himself as "an outstanding jurist."
"He has received high marks for being humble, fair-minded and of the highest integrity," Greitens said in a written statement accompanying his announcement. "I am confident Judge Powell will be committed to strengthening and improving our court system and guarding the rule of law as a judge on our state's highest court."
Powell's wife, Beth Phillips, was appointed as a U.S. district judge in 2011 by Democratic President Barack Obama after serving as U.S. attorney in Kansas City. His sister-in-law, Jennifer Phillips, was appointed to the Jackson County Circuit Court in 2014 by former Democratic Gov. Jay Nixon after serving as an assistant county prosecutor. Powell's father, his father-in-law, an uncle and several cousins also have been attorneys.
"Coming from a clan of lawyers, this is a very special day for me and my family," Phillips said Tuesday in a written statement. "As I step into this new role, I hope to model the humility and judicial temperament exhibited by the late Judge Richard Teitelman who was known for his kindness and congeniality."
Unlike at the federal level, Missouri Supreme Court appointees are not subject to Senate confirmation. Instead, Powell will face a retention vote for a 12-year term during the 2018 general election.
Powell's appointment could shift the court a little to the right. Though Missouri appeals judges don't run as Democrats or Republicans, Teitelman had been appointed by former Democratic Gov. Bob Holden and typically aligned along liberal lines.
Powell's addition will mean three of the state's seven Supreme Court judges were appointed by Republican governors.
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