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High Court overturns city mandate on construction projects
Headline Legal News |
2019/09/22 22:50
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A divided Ohio Supreme Court has upheld a state law invalidating a Cleveland requirement that public construction contractors hire city residents for a portion of work on projects.
A 2003 Cleveland ordinance mandates that residents must perform 20% of the total hours on public construction projects over $100,000.
The GOP-controlled Legislature approved a bill in 2016 stripping local governments of the ability to impose such residency requirements on contractors. The high court on Tuesday sided with the state in a 4-3 decision.
Mayor Frank Jackson says the city will ask the Court to reconsider the ruling immediately.
Cleveland City Council President Kevin Kelley says the ruling is an attack on "the ability of cities to help life people out of poverty and establish careers.
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Gorsuch says US Supreme Court not split on partisan lines
Stock Market News |
2019/09/19 22:54
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The conventional wisdom that the court is split along partisan lines based on the political views of the president that appointed each justice is false, a U.S. Supreme Court justice said.
Justice Neil Gorsuch spoke about civility to an audience of about 1,000 at Brigham Young University on Friday, refuting the notion that judges are just "like politicians with robes."
Gorsuch is considered one of the Supreme Court's most conservative members, though he recently agreed with more liberal colleagues in a decision reaffirming a criminal defendant's right to a jury trial.
Gorsuch denied that justices' decisions are predictable, the Salt Lake Tribune and the Deseret News reported. Gorsuch noted he uses the original meaning of the Constitution to guide his judicial decisions, in contrast with judges who believe interpretations of the document should evolve over time.
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Buffalo Chip takes quest to become town before Supreme Court
Headline Legal News |
2019/09/16 22:52
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The South Dakota Supreme Court will once again hear oral arguments in Buffalo Chip's quest to become a municipality, after a lower court ruled in February that the popular motorcycle rally campground near Sturgis must be dissolved as a town.
The Rapid City Journal reports that oral arguments are scheduled for Sept. 30.
Attorneys for the state have argued that Buffalo Chip was improperly incorporated in 2015 because it had fewer than 100 legal residents or 30 voters, as was required by law at the time. The city of Sturgis has also opposed Buffalo Chip's incorporation for years.
Buffalo Chip officials have argued that the area had more than 30 voters.
Kent Hagg, an attorney representing the campground, said the case could come down to the difference between the words "and" and "or." He said the law in place in 2015 required municipalities to have at least 100 residents "or" 30 voters. In 2016, the state Legislature changed the law to require municipalities to have at least 100 residents "and" 45 voters.
Hagg said about 53 voters listed the Buffalo Chip as their address of record in 2015.
The campground fills with thousands of visitors during the Sturgis motorcycle rally, but has few, if any, year-round residents.
In February, Fourth Circuit Judge Gordon Swanson ruled that the town must be dissolved. The city has said in a statement that the judge's decision was based on common sense and plain language of the law. "It would not make sense for the Legislature to authorize the incorporation of a municipality with no residents." |
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Court: First Amendment protects “hate group” label
Securities Class Action |
2019/09/13 22:54
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A federal judge has ruled that a liberal advocacy group has a First Amendment right to call a Christian ministry a hate group for its opposition to homosexuality.
U.S. District Judge Myron Thompson, in a 141-page decision issued late Thursday, threw out a complaint filed by the Florida-based Coral Ridge Ministries Media Inc. against the Southern Poverty Law Center of Montgomery.
Coral Ridge, also called James Kennedy Ministries of Fort Lauderdale, sued the nonprofit law center, Amazon and others in 2017 because it wasn’t included in a program that lets Amazon customers donate to nonprofit groups. The suit said the refusal was because the law center had labeled the ministry a hate group for its stance against homosexual behavior.
The judge ruled that the liberal watchdog organization has a free-speech right to make the claim, but he didn’t address whether the ministry is a hate organization.
Attorneys representing the ministry did not immediately respond to an email seeking comment. In a statement, the Southern Poverty Law Center said the decision is a win for groups that want to “share their opinions and educate the public.”
“Any organization we list as a hate group is free to disagree with us about our designation, but this ruling underscores that the designation is constitutionally protected speech and not defamatory,” said Karen Baynes-Dunning, interim president of the organization.
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Cock-a-doodle-doo! French rooster crows over court win
Headline Legal News |
2019/09/10 10:03
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ing is exasperating Fesseau’s neighbors, a retired couple who moved to the island two years ago. They asked the court to make the animal move farther away, or shut up.
Instead, the judge in the southwest city of Rochefort ordered them to pay 1,000 euros ($1,005) in damages to Fesseau for reputational harm, plus court costs.
“That made my clients feel very bad,” their lawyer Vincent Huberdeau said. He said Fesseau intentionally put her chicken coop close to her neighbors’ window and then turned Maurice into a cause celebre for rural traditions, and that the judge went too far in punishing the plaintiffs instead.
Their case also backfired in the court of public opinion, at least locally. More than 120,000 people signed a petition urging authorities to leave Maurice alone ? and a “support committee” made up of roosters and hens from around the region came to support his owner during the trial in July.
“The countryside is alive and makes noise ? and so do roosters,” read one of their signs.
The ruling may spell good news for a flock of ducks in the Landes region of southwest France, where a trial is underway between farmers and neighbors angry over the creatures’ quacks and smell.
Authorities also ruled against residents of a village in the French Alps who complained in 2017 about annoying cow bells, and an effort last year to push out cicadas from a southern town to protect tourists from their summer song also failed.
Since Maurice’s tale came to light, some French lawmakers have suggested a law protecting the sounds and smells of the countryside as part of France’s rural heritage. |
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Investment Fraud Litigation |
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Securities fraud, also known as stock fraud and investment fraud, is a practice that induces investors to make purchase or sale decisions on the basis of false information, frequently resulting in losses, in violation of the securities laws. Securities Arbitration. Generally speaking, securities fraud consists of deceptive practices in the stock and commodity markets, and occurs when investors are enticed to part with their money based on untrue statements.
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The content contained on the web site has been prepared by Securities Law News as a service to the internet community and is not intended to constitute legal advice or a substitute for consultation with a licensed legal professional in a particular case. | Affordable Law Firm Website Design by Law Promo |
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