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Court upholds whale protection in Navy exercises
Legal Career News | 2008/03/02 17:00
A federal appeals court has ruled that the Navy must protect endangered whales from the potentially lethal effects of underwater sonar during anti-submarine training off the Southern California coast, rejecting President Bush's attempt to exempt the exercises from environmental laws.

In a Friday night ruling rushed into print ahead of the next scheduled exercise on Monday, the Ninth U.S. Circuit Court of Appeals in San Francisco upheld a federal judge's decision that no emergency existed that would justify Bush's intervention.

The Navy is engaged in "long-planned, routine training exercises" and has had ample time to take the steps that the law requires - conduct a thorough review of the environmental consequences and propose effective measures to minimize the harm to whales and other marine mammals, the three-judge panel said.

The court noted that the Navy has been conducting similar exercises for years, has agreed in the past to restrictions like the ones it is now challenging, and was sued by environmental groups in the current case nearly a year ago. The lower-court judge reviewed the evidence and found nothing to support the Navy's claim that the protective measures would interfere with vital training or hamper national security, the court said.

Past rulings have established that "there is no 'national defense exception' " to the National Environmental Policy Act, the court said. That law requires government agencies to review projects that might harm the environment and propose reasonable protective measures.



Moussaoui Challenges Court Secrecy Rules
Legal Career News | 2008/02/27 17:12
Admitted al-Qaida member Zacarias Moussaoui is asking a federal appeals court to undo his guilty plea. He says his lawyers were prohibited from discussing with him crucial evidence in his case. Moussaoui is serving a life sentence. He described himself as the so-called "20th hijacker" and says he was supposed to have flown a fifth airplane into the White House during the Sept. 11, 2001 attacks.

Lawyers are asking an appeals court in Virginia to toss out Moussaoui's guilty plea. They say the strict rules about what classified information could be discussed made it impossible for attorneys to properly advise him. They say that violated Moussaoui's constitutional rights.



High Court to decide police car search case
Legal Career News | 2008/02/26 13:44

The Supreme Court said on Monday it would decide whether police officers can search a vehicle without a warrant once the suspect has been arrested and the scene secured.

The justices agreed to hear an appeal by Arizona officials of a ruling declaring such searches unconstitutional when the scene has been secured and the suspect has been handcuffed and placed in the back of a patrol car under police supervision.

The high court's conservative majority in recent years has generally sided with the police while cutting back on the rights of criminal suspects in car cases.

The U.S. Constitution protects suspects against unreasonable searches and seizures of evidence.

The Arizona case will require the Supreme Court to reexamine its 1981 ruling that risks to officer safety and the preservation of evidence justify a warrantless car search as part of the arrest.

Arizona officials said the state Supreme Court effectively overruled the 1981 ruling in requiring that the police show that inherent dangers actually existed at the time of the search.

The case began in 1999 when the police in Tucson received a tip of drug activity at a house. Two officers went to the house, and when Rodney Gant answered the door he told them the owner was not home, but would return later in the day.

The officers left, but then discovered Gant had a suspended driver's license and an outstanding warrant for driving on a suspended license.



High Court Shields Medical-Device Makers
Legal Career News | 2008/02/21 13:44

The Supreme Court yesterday protected the makers of medical devices that have passed the most rigorous federal review standards from lawsuits by consumers who allege that the devices caused them harm.

The court ruled 8 to 1 against the estate of a New York man who was seriously injured when a balloon catheter manufactured by Medtronic burst during an angioplasty in 1996. Charles Riegel, who died three years ago, and his wife sued under New York law, alleging that the device's design was faulty and its labeling deficient.

Justice Antonin Scalia, writing for the majority, said federal law preempts the imposition of liability under state laws for devices that have undergone the Food and Drug Administration's pre-market approval process, the most rigorous of the FDA's testing procedures.

Justice Ruth Bader Ginsburg was the lone dissenter. Congress did not intend the preemption clause, Ginsburg wrote, "to effect a radical curtailment of state common-law suits seeking compensation for injuries caused by defectively designed or labeled medical devices."

Courts are filled with lawsuits over preemption, which New York University law professor Catherine M. Sharkey called "the fiercest battle in products liability litigation today."

The Supreme Court this year took several cases that invoke federal preemption. Cases still to be heard include lawsuits in state courts that seek to punish cigarette makers and drug manufacturers.

The court ruled in 1996 that devices approved by the FDA under a less-rigorous process were not protected from state lawsuits. The agency agreed with that.

In 2004 the government reversed its position, and when the case decided yesterday was argued in December, the government said such suits undermine the FDA's authority.



Court Allows Montana Suit Vs. Wyoming
Legal Career News | 2008/02/19 17:09
The Supreme Court on Tuesday allowed Montana to file a lawsuit against Wyoming over water rights in two rivers that flow through both states.

Montana wants the court to rule that Wyoming is using too much water from the Tongue and Powder Rivers, while Montana residents are not getting enough water in some dry years.

Disputes between states often are decided by the Supreme Court.

The disagreement is over the Yellowstone River Compact, an agreement the states and North Dakota signed in 1950 spelling out how to share water.

Montana argues the compact should require Wyoming to limit water use — including from groundwater pumping. Montana argues that coal-bed methane production in Wyoming, which requires pumping huge quantities of groundwater, makes the situation worse.

Wyoming says in response that Montana has failed to show it has been harmed by Wyoming's water use, which is in line with the 1950 agreement.



Employer retaliation cases reach U.S. Supreme Court
Legal Career News | 2008/02/18 13:44
Employers, managers, and supervisors wield enormous power in the workplace over the lives and wellbeing of their employees.

Congress has recognized that sometimes this power can be abused by managers who retaliate if they don't like something that employee has said or done.

This week, the US Supreme Court will hear oral arguments in two cases examining how, when – or even if – employees can fight back against such abuses of power. On Tuesday, the high court will examine whether a US postal worker can claim retaliation in a lawsuit under the Age Discrimination in Employment Act because she says her supervisor refused to let her return to her old job because he didn't like her personally. Instead, he hired a younger, less experienced worker.

On Wednesday, the justices will hear the case of a former assistant manager at a Cracker Barrel restaurant who alleges he was fired in retaliation for his repeated complaints about racial prejudice by his supervisor.

In both cases the laws cited do not explicitly authorize legal action in response to an act of retaliation. Lawyers for the employees say retaliation is a particularly virulent form of illegal discrimination and thus falls within the scope of the US's civil rights laws even when those laws don't specifically mention retaliation.

Lawyers for companies and supervisors counter that if Congress wanted to authorize lawsuits to punish acts of retaliation, it would have written it into each statute.



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