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Court: Wisconsin Bell discriminated against worker
Breaking Legal News | 2017/03/29 13:45
A Wisconsin appeals court says state labor officials properly determined that Wisconsin Bell's decision to fire a bipolar employee amounted to discrimination.

According to court documents, Wisconsin Bell fired Charles Carlson in 2011 for engaging in electronic chats with co-workers and leaving work early one day. Carlson maintained he was reacting to news he didn't get a promotion, he was looking for support as his therapist had suggested and he doesn't react like other people.

The Labor Industry Review Commission found the company fired Carlson because of his disability in violation of employment discrimination laws.

The 1st District Court of Appeals ruled Tuesday that the commission's interpretation was reasonable and there's enough evidence to support imposing liability on Wisconsin Bell.

Wisconsin Bell says it does not tolerate discrimination of any kind, including that based on disability. The company says it disagrees with the ruling and is considering its options.




Turkish protesters denounce alleged coup plotters at court
Court Watch | 2017/03/24 13:45
Turkish protesters on Monday demanded the death penalty, abolished in Turkey more than a decade ago, for 18 alleged coup plotters on trial for the killing of a military officer who resisted an effort to overthrow the government.

The demonstrators jeered as security forces escorted the defendants into a courthouse in the Turkish capital, Ankara. The crowd also displayed an effigy of Fethullah Gulen, an Islamic cleric based in Pennsylvania who is blamed by Turkey for the failed coup attempt on July 15. The effigy had a noose around its neck. Gulen has denied involvement in the uprising.

Turkey abolished the death penalty as a campaign to join the European Union gained momentum, but President Recep Tayyip Erdogan has said since the coup attempt that Turkey could hold a referendum on reinstating it if parliament fails to pass such a measure. European leaders say any talks on Turkey's bid to join the EU, which faltered years ago, would end if Ankara restores the death penalty.

Relations reached a new low this month because of Turkey's anger over the refusal of some European countries to let Turkish Cabinet ministers campaign for diaspora votes ahead of an April 16 constitutional referendum on increasing the powers of the Turkish president. Supporters of the measure say a more centralized leadership would help Turkey deal with security, economic and other challenges; critics say its approval would fit a pattern of increasingly authoritarian behavior by Erdogan.

The suspects who appeared in court in Ankara are accused of involvement in the shooting of Omer Halisdemir, an officer who was killed after he shot dead Semih Terzi, a renegade military commander who allegedly tried to take over the special forces headquarters in the capital during last year's uprising by some military units.

Suspect Ahmet Kara, who was Terzi's military aide, testified last month that he was duped into participating in the rogue operation without understanding that it was an attempt to overthrow the government. The defendants, whose trial began in February, face life imprisonment if convicted of murder and other crimes.



Trump travel ban in new court setback near nation's capital
Breaking Legal News | 2017/03/22 13:44
President Donald Trump's revised travel ban has suffered another federal court setback after a judge in Maryland rejected a revised measure that bans travel targeting six predominantly Muslim countries.

Judge Theodore Chuang ruled Thursday in Greenbelt, Maryland, in a case brought near the nation's capital by the American Civil Liberties Union and other groups representing immigrants, refugees and their families. The groups argued that the underlying rationale of the ban was to discriminate against Muslims, making it unconstitutional.

Chuang granted a preliminary injunction on a nationwide basis. He declined to issue an injunction blocking the entire executive order, saying that the plaintiffs didn't sufficiently develop their argument that the temporary ban on refugees offends the establishment clause and didn't provide sufficient basis to establish the invalidity of the rest of the order.

He called Trump's own statements about intentions to impose a Muslim ban "highly relevant." Trump's second executive order does include changes from the first order, Chuang noted, such as the removal of a preference for religious minorities in the refugee process.

"Despite these changes, the history of public statements continues to provide a convincing case that the purpose of the Second Executive Order remains the realization of the long-envisioned Muslim ban," he said.

Details of the implementation of the orders also indicate that national security isn't the primary purpose of the ban, Chuang said.

"The fact that the White House took the highly irregular step of first introducing the travel ban without receiving the input and judgment of the relevant national security agencies strongly suggests that the religious purpose was primary and the national security purpose, even if legitimate, is a secondary, post hoc rationale," he said.



Kansas Chief Justice Pitches Lawmakers on Court Pay Hikes
Bankruptcy | 2017/03/14 13:44
Kansas Supreme Court Chief Justice Lawton Nuss is trying to persuade legislators to increase salaries for judges and pay for judicial branch employees.

Nuss devoted much of his annual State of the Judiciary address Wednesday to what he described as the serious need to increase pay within the court system. He spoke to a joint session of the Legislature.

The Supreme Court is seeking to increase the court system's annual budget by about $22 million, or about 16 percent.

Nuss told lawmakers that all judicial branch jobs pay below market rates, and some fall short by as much as 22 percent. He said nearly one-third of the court system's employees work outside jobs to make ends meet.

But some legislators see the spending increase as a tough sell.



Polish court issues arrest warrant for US man in Nazi case
Business | 2017/03/12 13:43
A court in eastern Poland has issued an arrest warrant for a Minnesota man sought in a Nazi massacre, opening the way for Poland to seek his extradition from the United States.

The Associated Press had previously identified the man as 98-year-old Michael Karkoc, an ex-commander in an SS-led unit that burned Polish villages and killed civilians in World War II.

Earlier this week, prosecutors said evidence shows that American citizen Michael K. was a commander of a unit in the SS-led Ukrainian Self Defense Legion that raided Polish villages. They sought an arrest warrant from a court in eastern Poland.

Judge Dariusz Abamowicz said Wednesday the court has issued a warrant after concluding that there is "high probability" the suspect committed war crimes listed by the prosecutors.


Oklahoma tribe sues oil companies in tribal court over quake
Court Watch | 2017/03/06 10:08
An Oklahoma-based Native American tribe filed a lawsuit in its own tribal court system Friday accusing several oil companies of triggering the state's largest earthquake that caused extensive damage to some near-century-old tribal buildings.

The Pawnee Nation alleges in the suit that wastewater injected into wells operated by the defendants caused the 5.8-magnitude quake in September and is seeking physical damages to real and personal property, market value losses, as well as punitive damages.

The case will be heard in the tribe's district court with a jury composed of Pawnee Nation members.
"We are a sovereign nation and we have the rule of law here," said Andrew Knife Chief, the Pawnee Nation's executive director. "We're using our tribal laws, our tribal processes to hold these guys accountable."

Attorneys representing the 3,2 00-member tribe in north-central Oklahoma say the lawsuit is the first earthquake-related litigation filed in a tribal court. If an appeal were filed in a jury decision, it could be heard by a five-member tribal Supreme Court, and that decision would be final.

"Usually tribes have their own appellate process, and then, and this surprises a lot of people, there is no appeal from a tribal supreme court," said Lindsay Robertson, a University of Oklahoma law professor who specializes in Federal Indian Law.



Immigration courts: record number of cases, many problems
Breaking Legal News | 2017/03/06 10:07
Everyone was in place for the hearing in Atlanta immigration court: the Guinean man hoping to stay in the U.S., his attorney, a prosecutor, a translator and the judge. But because of some missing paperwork, it was all for nothing.

When the government attorney said he hadn't received the case file, Judge J. Dan Pelletier rescheduled the proceeding. Everybody would have to come back another day.

The sudden delay was just one example of the inefficiency witnessed by an Associated Press writer who observed hearings over two days in one of the nation's busiest immigration courts. And that case is one of more than half a million weighing down court dockets across the country as President Donald Trump steps up enforcement of immigration laws.

Even before Trump became president, the nation's immigration courts were burdened with a record number of pending cases, a shortage of judges and frequent bureaucratic breakdowns. Cases involving immigrants not in custody commonly take two years to resolve and sometimes as many as five.

The backlog and insufficient resources are problems stretching back at least a decade, said San Francisco Immigration Judge Dana Marks, speaking as the president of the National Association of Immigration Judges.



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