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Pitt schools segregation lawsuit in federal court
Court News | 2013/07/23 10:38
Nearly 60 years after the U.S. Supreme Court struck down racial segregation in public schools, lawyers are set to square off in a federal courtroom in eastern North Carolina over whether the effects of that Jim Crow past still persist.

A trial was to begin Monday in U.S. District Court in Greenville in the case of Everett v. Pitt County Board of Education.

A group of black parents represented by the UNC Center for Civil Rights will ask the court to reverse a 2011 student assignment plan they say effectively resegregated several schools in the district.

Lawyers for the Pitt schools will ask a judge to rule that the district has achieved "unitary status," meaning the "vestiges of past discrimination have been eliminated to the extent practicable." The designation would end federal oversight of the Pitt schools, in place since the 1960s.

This case is the first of its kind brought in North Carolina since 1999. More than 100 school districts across the South are still under federal court supervision. The decision in the Pitt case is expected to be widely followed by those other school systems.

Mark Dorosin, the managing attorney for the UNC Center for Civil Rights, said the case is a critical test of the continued viability of one of the most fundamental principles of school desegregation: That school districts still under court order must remedy the lasting vestiges of racial discrimination.



Lawyer asks Iowa court to reconsider sex bias case
Court News | 2013/07/15 20:24
The attorney for a dental assistant fired after her boss became too attracted to her is asking for the Iowa Supreme Court to rule on the case for a third time.

The all-male court Friday dismissed a sex discrimination lawsuit filed by Melissa Nelson against Fort Dodge dentist James Knight, ruling her termination was lawful. It was the same outcome as the court's decision from December but a different rationale.

Nelson's attorney, Paige Fiedler, asked the court Tuesday to again reconsider the ruling and allow a trial. Fiedler says in a brief the justices wrongly concluded that Nelson had a "consensual personal relationship" with Knight that justified her firing.

Fiedler says a jury could conclude their relationship was ordinary, and she wouldn't have been fired but for her good looks.


Court: Ex-Im Bank needs to explain Air India loan
Court News | 2013/06/19 11:00
A federal bank that backed a huge airplane loan for Air India will have to explain that the loan didn't hurt U.S. airlines.

A lawsuit by Delta Air Lines Inc. had accused the Export-Import Bank of failing to follow a requirement that it makes sure its loans to foreign companies won't hurt U.S. competitors. The Ex-Im bank guaranteed $3.4 billion in loans in 2011 so that Air India could buy planes from Boeing Co. But Delta competes with Air India on some routes.

The Court of Appeals in Washington did not force the bank to reverse the loan guarantee, as Delta had asked. But the ruling says the bank needs to follow the law and provide more justification for the loan.


Court says human genes cannot be patented
Court News | 2013/06/13 09:22
The Supreme Court ruled Thursday that companies cannot patent parts of naturally-occurring human genes, a decision with the potential to profoundly affect the emerging and lucrative medical and biotechnology industries.

The high court's unanimous judgment reverses three decades of patent awards by government officials. It throws out patents held by Salt Lake City-based Myriad Genetics Inc. on an increasingly popular breast cancer test brought into the public eye recently by actress Angelina Jolie's revelation that she had a double mastectomy because of one of the genes involved in this case.

Justice Clarence Thomas, who wrote the court's decision, said that Myriad's assertion — that the DNA it isolated from the body for its proprietary breast and ovarian cancer tests were patentable — had to be dismissed because it violates patent rules. The court has said that laws of nature, natural phenomena and abstract ideas are not patentable.

"We hold that a naturally occurring DNA segment is a product of nature and not patent eligible merely because it has been isolated," Thomas said.

Patents are the legal protection that gives inventors the right to prevent others from making, using or selling a novel device, process or application. The U.S. Patent and Trademark Office has been awarding patents on human genes for almost 30 years, but opponents of Myriad Genetics Inc.'s patents on the two genes linked to increased risk of breast and ovarian cancer say such protection should not be given to something that can be found inside the human body.


Texas EMT to plead not guilty to explosives charge
Court News | 2013/05/13 23:46
A lawyer for a Texas paramedic arrested on charges of possessing bomb-making material says his client will plead not guilty and had no connection to the fertilizer plant explosion that killed 14 people last month.

Waco attorney Jonathan Sibley said in a prepared statement Saturday that his client, Bryce Reed anxiously awaits his next court appearance Wednesday, which will include a detention hearing.

Authorities arrested Reed on Friday, but stressed that he has not been linked to the April 17 explosion in West.

The statement said Reed remained "heartbroken" about the explosion, in which he lost friends, and wants to continue to help his community rebuild.


OC grade school janitor guilty of bathroom filming

Criminal Law - POSTED: 2013/05/10 09:34

A janitor has been found guilty of hiding a video camera in the girls' bathroom of an Orange County elementary school.

A jury found 25-year-old Angel Rojas guilty Thursday of misdemeanor counts of secret filming and child annoyance.

He could get 18 months in jail and a $6,000 fine at his Tuesday sentencing, and will have to register as a sex offender for life.

In July 2012, Rojas was working as a summer janitor at a Santa Ana grade school.

Prosecutors say he closed several campus restrooms to direct women and girls to one where he had hidden an iPod Nano with a video recorder.

A woman working in the summer school program found


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