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Wis. DOJ asks court to lift ban on union law
Legal Business | 2011/05/30 13:45
State attorneys asked the Wisconsin Supreme Court on Friday to immediately vacate a Madison judge's decision striking down Republican Gov. Scott Walker's contentious collective bargaining law.

Judge Maryann Sumi invalidated the law on Thursday after finding Republican legislators violated Wisconsin's open records law during the run-up to passage in March. The decision came in a lawsuit Democratic Dane County District Attorney Ismael Ozanne filed challenging the law.

The state Justice Department is representing the Republicans. The agency's attorneys asked the state Supreme Court to take the case and the court set oral arguments on whether it should make a move for June 6. Deputy Attorney General Kevin St. John said in a letter to the justices late Friday they need to act now.

St. John said the issues have been fully briefed so the court can immediately vacate Sumi's decision without hearing any further argument.

He argued Sumi issued the decision on her own, even though no one involved in the case had asked for such a ruling. She didn't give any of the parties a chance to be heard on the final disposition.

He also reiterated the Justice Department's argument that the Republicans can't be sued because they enjoy legislative immunity and Sumi can't invalidate the law due to an open meetings violation.


Polygamous church dispute may head to Utah court
Legal Business | 2011/05/02 09:08
An internal tug-of-war over control of jailed polygamous sect leader Warren Jeffs' southern Utah-based church may force Utah courts to walk a constitutional tightrope that experts say could tread a little too close to separation of church and state.

The presidency of the 10,000-member Fundamentalist Church of Jesus Christ of Latter Day Saints has been in question since March 28, when church bishop William E. Jessop filed papers with the Utah Department of Commerce seeking to unseat Jeffs as president of the church corporation. Under state law, the move automatically put Jessop in power.

That set into motion a flurry of filings from Jeffs loyalists removing Jessop and claiming that some 4,000 church members have pledged their loyalty to their incarcerated leader.

Monday marks the deadline set by commerce officials for both parties to resolve the dispute or a legal showdown might be set in motion since, if no agreement is reached, the state says power will revert back to Jeffs.


Court hears arguments in Microsoft patent case
Legal Business | 2011/04/19 08:43
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
Legal Business | 2011/04/19 05:42
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.



Bonds guilty of obstruction of justice
Legal Business | 2011/04/14 08:46

Barry Bonds stepped outside the Phillip Burton Federal Building for the first time as a convicted felon, and a school bus went by. The home-run king flashed a victory sign with two fingers.

After a 12-day trial and four days of deliberation, a jury had deadlocked on three charges he lied under oath. But Bonds was convicted on one count of obstruction of justice.

"Are you celebrating tonight?" one fan asked.

"There's nothing to celebrate," Bonds replied.

A mixed and muddled verdict Wednesday left both prosecutors and the defense feeling sorry-grateful.

U.S. District Judge Susan Illston declared a mistrial on the three charges that Bonds made false statements when he told a grand jury in December 2003 he never knowingly received steroids and human growth hormone from trainer Greg Anderson and he allowed only doctors to inject him.

But a trial that had all to do with performance-enhancing drugs ended with a conviction that had nothing to do with them. The count the jury agreed on stated Bonds gave an evasive answer under oath. Rather than say "yes" or "no" to whether he received drugs that required a syringe, Bonds gave a rambling response to a grand jury, stating: "I became a celebrity child with a famous father."

Though unsatisfied, both sides expressed a fraction of fulfillment following a trial that uncovered the dark practices of baseball's Steroids Era.



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