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CA Supreme Court justice to retire
Headline News |
2014/02/13 23:53
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The longest-serving current justice of the California Supreme Court announced Tuesday that she is retiring.
Justice Joyce Kennard notified Gov. Jerry Brown that she intends to step down on April 5, ending her 24-year tenure as a member of the state's highest court.
"The state and its people have been very well served by Justice Kennard," Brown said in a statement on Tuesday. "Her independence and intellectual fortitude have left a lasting mark on the Court."
Former Gov. George Deukmejian appointed Kennard to the Supreme Court in 1989, The San Jose Mercury News reported. She previously was a Los Angeles trial judge and an appeals court justice for a brief time before being elevated to the State Supreme Court.
Kennard, 72, has a unique personal history, according to the Mercury News, because she is a native of Indonesia, moved to the Netherlands as a teenager and lost part of her right leg to a tumor, forcing her to walk with a prosthetic the rest of her life.
Kennard moved to the United States in 1961, settling in Southern California. She earned her law degree from the University of Southern California.
In her tenure on the court, she became famous for interjecting questions during oral arguments, often turning them into lengthy speeches before pointing her finger at a lawyer and demanding an answer. Despite being an appointee of the conservative Deukmejian, she was often unpredictable in her rulings and would come down on the more liberal side of social issues before the court.
Kennard was in the 4-3 majority that in 2008 struck down California's long-standing ban on gay marriage, a ruling that preceded voter approval of Proposition 8 — which restored the same-sex marriage ban until the U.S. Supreme Court invalidated it last year. |
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Maine's high court to hear environmental dispute
Firm News/Maine |
2014/02/13 23:53
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Maine's highest court is scheduled to hear arguments in a legal dispute over the environmental cleanup of the former HoltraChem Manufacturing Co. plant in Orrington.
The Portland Press Herald reports that the Supreme Judicial Court will hear oral arguments Tuesday on an appeal by Mallinckrodt LLC, a St. Louis-based pharmaceutical company that inherited responsibility for the site after HoltraChem went bankrupt. Mallinckrodt is seeking to overturn an order that it must complete an environmental cleanup that could cost $250 million.
The chemical plant used mercury in its manufacturing processes and dumped waste directly into the Penobscot River. The plant later deposited waste in five landfills on its 235-acre campus.
Mallinckrodt contends in its appeal that the Maine Board of Environmental Protection overstepped its legal authority in ordering the cleanup.
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California teen pleads not guilty in newborn death
Top Legal News |
2014/02/10 23:01
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A teenager in Central California pleaded not guilty Thursday to killing her newborn baby, who was found wrapped in plastic bag last week under a bathroom sink.
Gloria Santos Mendoza, 17, was charged as an adult on a single count of first-degree murder, said Madera County Deputy District Attorney Rachel Cartier. If convicted, Mendoza could spend 25 years to life in state prison.
The teenager went to a hospital Friday suffering from postpartum bleeding, but she denied giving birth, Madera County Sheriff's Office spokeswoman Erica Stuart said. It took investigators hours to learn where she lived because of a language barrier. The girl speaks a dialect from Oaxaca, Mexico.
Authorities found the dead baby under the sink at the girl's Madera home. Stuart said that when the girl was confronted, she changed her story and said the child was born dead. But Stuart said an autopsy determined the baby was born alive.
Mendoza's attorney, Michael Fitzgerald, said that his first impression was that the prosecution's decision to charge her as an adult with first-degree murder seemed excessive.
The teenager came to Madera from her village in Mexico three days before giving birth, Stuart said. Mendoza remains jailed on $1 million bail. |
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SC lawyer pleads guilty to defrauding clients
Top Legal News |
2014/02/10 23:01
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A Florence attorney has pleaded guilty to defrauding his clients. U.S. Attorney Bill Nettles said Friday that 48-year-old William J. Rivers pleaded guilty to mail fraud.
Authorities began investigating after some of Rivers' clients complained to the South Carolina Bar Association. Between 2006 and 2012, prosecutors say more than 100 of his firms' clients were defrauded of more than $3.3 million.
Authorities say Rivers settled personal injury cases but didn't tell his clients or medical providers about the settlement money, which he kept. Prosecutors say that action left Rivers' clients still owing money for treatments they had received.
Prosecutors say Rivers' law partner committed suicide during the investigation. Rivers faces up to 20 years in prison and a fine of $250,000 when he's sentenced.
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Australian court rules ANZ Bank late fees too high
Press Releases |
2014/02/07 00:28
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One of Australia's largest banks faces a multimillion dollar payout to thousands of customers after a judge ruled on Wednesday that late payment fees it charged on credit cards were exorbitant.
ANZ Banking Group Ltd. partially lost a class action law suit in the Australian Federal Court brought by more than 43,000 customers who claimed they had been charged excessive fees for years. In some cases the fees were 70 times the cost to the bank of administering late payments.
Justice Michelle Gordon ruled that the bank had been illegally imposing penalties for late payments on credit cards.
She agreed with lead plaintiff Lucio Paciocco's argument that the fees were "extravagant, exorbitant and unconscionable," and represented a breach of contract.
But she also ruled in ANZ's favor by dismissing claims that other types of bank fees were illegal penalties.
It was not clear how much the bank would have to pay back customers who had been charged too much over six years. Lawyers for the bank and customers have until next week to agree on a proposal for repaying customers that the court can rule on. |
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Teens charged in death of Australian due in court
Headline News |
2014/02/07 00:26
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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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Not guilty plea in Oakland attack on 'agender' boy
Politics & Law |
2014/02/04 00:01
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A 16-year-old San Francisco Bay Area boy has pleaded not guilty to charges that he set a male teen's skirt on fire on a public bus.
Richard Thomas is facing aggravated mayhem and assault charges with hate crime allegations in connection with the Nov. 4 attack.
Authorities say Thomas told investigators he attacked 18-year-old on Luke Fleischman on a bus in Oakland because he was homophobic. Relatives and friends have said Fleischman identifies as "agender," a designation sometimes adopted by people who see themselves as neither male nor female.
Fleischman was sleeping when he was attacked and suffered second and third-degree burns.
The Oakland Tribune reports that Thomas, who has been charged as an adult, entered the plea on Thursday.
His attorney, William Du Bois, says Thomas was playing a prank that went wrong.
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