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Ginsburg, 85, hospitalized after fracturing 3 ribs in fall
Class Action News | 2018/11/07 10:39
Eighty-five-year-old Supreme Court Justice Ruth Bader Ginsburg fractured three ribs in a fall in her office at the court and is in the hospital, the court said Thursday.

The court’s oldest justice fell Wednesday evening, the court said. She called Supreme Court police to take her to George Washington University Hospital in Washington early Thursday after experiencing discomfort overnight, court spokeswoman Kathy Arberg said.

She was admitted to the hospital for treatment and observation after tests showed she fractured three ribs.

In her absence, the court went ahead Thursday with a courtroom ceremony welcoming new Justice Brett Kavanaugh, who joined the court last month. President Donald Trump and new acting Attorney General Matthew Whitaker were on hand.

Ginsburg has had a series of health problems. She broke two ribs in a fall in 2012. She has had two prior bouts with cancer and had a stent implanted to open a blocked artery in 2014. She also was hospitalized after a bad reaction to medicine in 2009.

But she has never missed Supreme Court arguments. The court won’t hear arguments again until Nov. 26.

Rib fractures are common among older adults, particularly after falls. The severity depends in part on whether the ribs are cracked or broken all the way through, and how many are broken. The extent of Ginsburg’s injury was not clear.

A complete break requires making sure the two ends are in alignment, so that a sharp piece of bone doesn’t puncture nearby blood vessels or organs. Broken ribs typically heal on their own in six weeks to a month, and patients are advised to limit strenuous activity. But they can be very painful and controlling pain is key. A chief complication is pneumonia, when patients don’t breathe deeply enough or cough enough because of the rib pain.

Appointed by President Bill Clinton in 1993, Ginsburg rebuffed suggestions from some liberals that she should step down in the first two years of President Barack Obama’s second term, when Democrats also controlled the Senate and would have been likely to confirm her successor.

She already has hired clerks for the term that extends into 2020, indicating she has no plans to retire. Ginsburg leads the court’s liberal wing.


Heated congressional, court races on Arkansas midterm ballot
Class Action News | 2018/11/03 13:13
A push by Democrats to flip a Republican-held congressional seat that represents the Little Rock area and a state Supreme Court race that has drawn heavy spending by a conservative interest group have drawn the most attention in Arkansas' midterm election.

The campaigns for the 2nd Congressional District and state Supreme Court seats became increasingly bitter and expensive in the run-up to Tuesday's election, especially from outside groups that have been airing attack ads and sending mailers. The races have overshadowed an election in which Democrats face long odds of making gains in the solidly Republican state.
 
The secretary of state's office hasn't predicted how many of Arkansas' nearly 1.8 million registered voters will cast ballots in the election, but more than 350,000 had voted early through Friday.

Republicans have a solid hold on Arkansas' four U.S. House seats and President Donald Trump easily won the state two years ago, but Democrats believe they have a chance to flip a Little Rock-area district by focusing on the incumbent's vote to repeal the federal health care law.

Democrat Clarke Tucker is trying to unseat two-term Republican Rep. French Hill in the 2nd Congressional District, which represents Little Rock and seven surrounding counties. Tucker is a state legislator who regularly talks about his battle with bladder cancer and his support for the Affordable Care Act, especially its protections for those with pre-existing conditions




Missouri court lets redistricting initiative go to voters
Class Action News | 2018/09/23 22:17
A Missouri appeals court panel cleared the way Friday for voters to decide a November ballot initiative that could shake up of the state Legislature by requiring districts to be drawn to achieve "partisan fairness" and imposing new lobbying limits.

The ruling overturned a decision issued a week ago by a state judge who said the so-called Clean Missouri initiative violated the state constitution by addressing multiple topics.

The Western District appeals panel disagreed, ruling that the "multiple provisions all relate to a single central purpose: regulating the legislature to limit the influence of partisan or other special interests."

Republican-aligned attorneys for those opposing the measure said they would appeal to the state Supreme Court. But time is running short. Missouri law sets a Tuesday deadline to make changes to the Nov. 6. ballot. The state's high court previously turned down a chance to hear the case in place of the appeals panel.

As it stands, the measure would appear on the ballot as Constitutional Amendment 1.

"We hope this brings an end to it and that the people can vote in November on whether they want to adopt these changes," said attorney Chuck Hatfield, who represents Clean Missouri.

The initiative has been opposed in court by the president of the Missouri Chamber of Commerce and Industry and a Republican voter who was represented by the law firm of Missouri Republican Party Chairman Todd Graves.




Louisiana Supreme Court upholds life sentence in beating
Class Action News | 2018/09/06 05:54
The Louisiana Supreme Court has upheld a life prison term for a man convicted of severely beating another man at a convenience store five years ago after telling the victim he was in the “wrong neighborhood.”

Donald Ray Dickerson, of Baton Rouge, was found guilty in 2015 of second-degree battery in the attack on David Ray III, of St. Francisville. Ray was hospitalized with a broken eye socket, broken nose and other injuries.

Dickerson was sentenced to life behind bars, deemed a habitual offender. The Advocate reports he has prior convictions for armed robbery, simple robbery and purse snatching.

Dickerson claims his conduct did not amount to second-degree battery and his sentence is unconstitutionally excessive. An appeals court disagreed, and the Louisiana Supreme Court on Friday let that ruling stand.



Lawyers will seek to shift blame for warehouse fire at trial
Class Action News | 2018/08/18 23:05
Lawyers for the two men charged in the Northern California warehouse fire that killed 36 people said Friday they are now preparing for a trial where they will try to shift blame for the blaze from their clients to others, including the building's owner and government officials.

Derick Almena, 48, and Max Harris, 28, on Friday appeared briefly in an Oakland courtroom for the first time since a judge scuttled a plea deal agreed to by prosecutors. They were ordered back to court in three weeks to schedule a trial.

Outside court, the men's lawyers say there's plenty of blame to share for the Dec. 2, 2016, fire in an Oakland warehouse illegally converted into an underground entertainment venue and live-work space for artists. The cause of the fire has never been determined, which the lawyers said is key part of the men's defense.

Serra also said numerous government officials visited the illegally converted warehouse before the fire, and they had a duty to report the building's condition to authorities. Almena lived in the warehouse with his wife and three children and were visited by Alameda County's Child Protective Services officials several times. Oakland police officers were also called to the warehouse on several occasions to investigate noise complaints and tenant disputes, among other issues.



Court, regulators clash over uranium project in South Dakota
Class Action News | 2018/08/12 06:40
Federal regulators recently abandoned a proposed survey of Native American cultural resources at a planned uranium mine site in the southwest part South Dakota, just days before a judge decided the survey is required by federal law.

The contradictory actions could further complicate and prolong a regulatory review process that is already nearly a decade old, the Rapid City Journal reported.

Powertech (USA) Inc., a subsidiary of Canada-based Azarga Uranium, wants to develop a mine 13 miles northwest of Edgemont, on the remote southwestern edge of the Black Hills. The project is named "Dewey-Burdock," for two old town sites in the area.

The uranium would be mined by the "in situ" method, which involves drilling dozens of wells across a wide area. A liquid solution is pumped underground to dissolve the uranium and bring it to the surface, so it can be processed for use in nuclear power plants.

Contention over the potential presence of Native American burial sites, artifacts and other cultural resources within the 17-square-mile area of the proposed mine has been ongoing since Powertech applied to the U.S. Nuclear Regulatory Commission for a license in 2009. Nevertheless, the commission granted the license in 2014, even as a dispute about the lack of an adequate cultural resources survey was still pending before the commission's Atomic Safety and Licensing Board.


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