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Kan. House debates forcing lawsuit over casino
Top Legal News | 2011/04/28 16:23
The Kansas House is debating whether it should force the attorney general to file a lawsuit over a proposed state-owned casino south of Wichita.

A resolution being discussed Thursday would require Attorney General Derek Schmidt to sue the state Racing and Gaming Commission's over its decision to allow a casino near Mulvane.

Iowa-based Peninsula Gaming plans to build a $260 million casino complex 18 miles south of Wichita.

Critics question whether the commission's decision in January was premature.

They cite misdemeanor campaign finance charges pending against the company and two top executives in Iowa. Company officials have said they're confident the case will be resolved in their favor, and they've started work on the casino.

Kansas law allows one legislative chamber to direct the attorney general to file a lawsuit.




Nebraska court rejects former candidate's lawsuit
Legal Watch | 2011/04/28 16:21
The Nebraska Supreme Court has rejected a former legislative candidate's defamation lawsuit against the state Republican Party over campaign flyers.

The Lincoln Journal Star says the court ruled Thursday that tone of the publications constitute opinion and is protected by the First Amendment.

Democrat Rex Moats, of Omaha, sued the GOP after losing in the November 2008 election, saying he was defamed by 11 campaign flyers. The flyers referenced Moats' work with a vehicle-repair insurance company that failed in 2003 and left about 500,000 people without coverage. In the mailings, the Nebraska GOP claimed Moats received a $50,000 trust fund from the insurance company and misled creditors and the public.

Moats' attorney didn't immediately comment on the ruling. Mark Fahleson of the GOP hailed the ruling, calling the lawsuit "frivolous."


Ex-Bush lawyer facing trial for attempted murder
Headline News | 2011/04/28 16:20

A former Bush administration official charged with trying to kill his wife at their Connecticut home is headed toward a trial after plea negotiations with prosecutors failed.

The Connecticut Post reports the attempted murder case of John Michael Farren was put on the trial list at Stamford Superior Court on Thursday during a brief hearing. A date for jury selection wasn't set.

The 58-year-old Farren was deputy White House counsel during President George W. Bush's second term. He also served as undersecretary for international trade under Bush's father, President George H.W. Bush.

Farren has pleaded not guilty. He is accused of beating his wife with a flashlight and choking her at their New Canaan home after she served him with divorce papers. He's free on bail but under house arrest.



China rights lawyer resurfaces after detention
Court Center | 2011/04/27 16:20

China has released a crusading rights lawyer who was detained more than two months ago in a massive security crackdown aimed at preventing any Middle East-inspired unrest.

Teng Biao returned home Friday afternoon but it was not convenient for him to speak with the media, his wife Wang Ling said. She declined to comment on his physical or mental well-being.

Other lawyers and activists released after similar detentions have also declined to speak to the media, perhaps as a condition of their release.

China Human Rights Defenders, a Hong Kong rights advocacy group, said earlier that Teng disappeared Feb. 19 and that officers searched his home and seized two computers, a printer, articles, books, DVDs and photos of another rights lawyer, Chen Guangcheng.

A law professor at the China University of Political Science and Law in Beijing, Teng was among dozens of well-known lawyers and activists across China who have vanished, been interrogated or criminally detained for subversion as China's authoritarian government, apparently unnerved by events in the Middle East and North Africa, has moved to squelch dissent.



Court hears arguments in Microsoft patent case
Legal Watch | 2011/04/19 16:04
The Supreme Court on Monday heard arguments from Microsoft Corp. asking it to overturn a $290 million patent infringement judgment against the world's largest software maker, a ruling that could have a profound effect on how corporations protect and profit from their future inventions.

An eight-justice court on Monday heard arguments from the Redmond, Washington-based Microsoft, which wants the multimillion dollar judgment against it erased because it claims a judge used the wrong standard.

Business groups are closely watching this case. The U.S. government made more than $64 billion off of international licensing and royalties from patents in 2009, with an expected growth rate of 15 percent a year. A ruling for Microsoft could make companies less likely to invest in new inventions, but a ruling for i4i, the company which brought the lawsuit against Microsoft, could make it harder for large corporations to fight off such challenges.

The cost of fighting off a patent lawsuit could be as much as $4 million per defendant, companies say.


Court hears arguments in new global warming case
Headline News | 2011/04/19 16:04
The Obama administration and leading power companies are going before the Supreme Court in an effort to block a global warming lawsuit aimed at forcing cuts in greenhouse gas emissions.

The justices are hearing arguments Tuesday in the court's second climate change case in four years. A half-dozen states, New York City and three land trusts sued four private utilities and the Tennessee Valley Authority over emissions of carbon dioxide from plants in 20 states. The lawsuit says carbon dioxide, which is produced when coal, gasoline and other fossil fuels burn, is one of the chief causes of global warming.

The administration and the companies say federal courts should not set environmental policy. The administration says the Environmental Protection Agency is developing regulations that would accomplish what the states are seeking.


Media ask court to unseal gay marriage trial tapes
Top Legal News | 2011/04/19 16:04
Media organizations are joining lawyers for two-same-sex couples in urging a federal appeals court to release videotapes of a lower court trial on California's gay marriage ban.

The 13 organizations, which include The Associated Press, argued in a motion filed Monday with the 9th U.S. Court of Appeals that the videos are court records that the First Amendment requires to be open to the public.

Sponsors of voter-approved Proposition 8 asked the 9th Circuit last week to keep the tapes sealed and to order the trial's presiding judge to return his personal copies.

The move came after now-retired Judge Vaughn Walker, who declared Proposition 8 unconstitutional, used a brief segment of the video in several public talks.


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