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Farmers tied to listeria outbreak to plead guilty
Legal Focuses | 2013/10/23 11:59
Two Colorado cantaloupe farmers are expected to plead guilty under a deal with federal prosecutors in the 2011 listeria outbreak that killed 33 people.

Eric and Ryan Jensen have a change-of-plea hearing scheduled in federal court in Denver on Tuesday. They were charged last month with introducing adulterated food into interstate commerce. At the time, the Food and Drug Administration said the rare move was meant to send a message to food producers.

Criminal charges are rare in food-borne illnesses, but the FDA under President Barack Obama has been more aggressive in pursuing farmers and food processors for alleged lapses.

The brothers filed documents last week notifying the court that they would plead guilty to unspecified charges under their agreements.


High court weighs Mich. ban on affirmative action
Headline Legal News | 2013/10/14 13:56
After the Supreme Court ruled a decade ago that race could be a factor in college admissions in a Michigan case, affirmative action opponents persuaded the state's voters to outlaw any consideration of race.

Now, the high court is weighing whether that change to Michigan's constitution is itself discriminatory.

It is a proposition that even the lawyer for civil rights groups in favor of affirmative action acknowledges a tough sell, at first glance.

"How can a provision that is designed to end discrimination in fact discriminate?" said Mark Rosenbaum of the American Civil Liberties Union. Yet that is the difficult argument Rosenbaum will make on Tuesday to a court that has grown more skeptical about taking race into account in education since its Michigan decision in 2003.

A victory for Rosenbaum's side would imperil similar voter-approved initiatives that banned affirmative action in education in California and Washington state. A few other states have adopted laws or issued executive orders to bar race-conscious admissions policies.


Supreme Court term begins amid government shutdown
Legal Focuses | 2013/10/11 11:07
The Supreme Court began its new term Monday by turning away hundreds of appeals, including Virginia's bid to revive its anti-sodomy law.

The justices took the bench just past 10 o'clock on the first Monday in October, even as much of the rest of the government was coping with a partial shutdown.

Chief Justice John Roberts formally opened the new term without any reference to the partisan impasse over the budget and the new health care law that his vote helped uphold in 2012.

The court has announced it will operate normally at least through the end of this week. The justices are hearing six arguments, including a challenge to limits on campaign contributions.

Among the appeals denied Monday was Virginia Attorney General Ken Cuccinelli's request to review a federal appeals court ruling that threw out the state's ban on oral and anal sex. Ten years ago, the Supreme Court struck down the Texas anti-sodomy law in a case involving two adults. Virginia argued that the Texas ruling did not apply to sex acts between adults and minors.

The justices did not comment in rejecting that argument Monday.

The court also declined to hear, at least for now, Argentina's appeal of a ruling that orders it to pay hedge funds that bought up some of the country's unpaid debt from its default in 2001. The country is continuing to pursue its case in federal court in New York and could file another appeal with the Supreme Court.

The new term may be short on the sort of high-profile battles over health care and gay marriage that marked the past two years, but the court already has agreed to hear important cases about campaign contributions, housing discrimination, government-sanctioned prayer and the president's recess appointments. Abortion, contraceptive coverage under the new health care law and cellphone privacy also may find their way onto the court's calendar.


PG&E starts pipeline shutdown under court order
Headline Legal News | 2013/10/07 10:44
Pacific Gas & Electric Co. says it will comply with a judge's order and shut down a natural gas pipeline after safety issues were raised.

The utility said Sunday it believes the pipeline is safe despite an engineer's email questioning the safety of the 83-year-old line's welds. PG&E said it could take until Tuesday to safely shut down the line and seamlessly switch its customers to another line.

A judge ordered the line shut down after San Carlos city officials discovered the email and declared a "state of emergency."

The email said PG&E's records incorrectly show the line containing a newer, more reliable weld than it actually has.

PG&E said state-of-the-art tests show the line is safe and that it was shutting the line only because of the court order.


NC court dumps speedway's suit over $80M deal
Legal Focuses | 2013/10/04 13:58
A North Carolina court says it will not revive a lawsuit from one of the country's largest auto racing track operators which says local officials reneged on millions of dollars in tax breaks for a new drag strip.

A three-judge state Court of Appeals panel ruled Tuesday against Speedway Motorsports Inc. and Charlotte Motor Speedway, which sued Cabarrus County.

The companies had threatened to move the 135,000-seat speedway and build a new drag strip somewhere other than the Charlotte region unless they got the tax breaks. They say they decided to build the drag strip and upgrade the speedway after an oral agreement for $80 million in tax breaks.

The appeals court says there was no binding contract since nothing was put in writing until after the drag strip opened.



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